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2017-05-02
Meridian City Council Meeting Agenda Tuesday, May 2, 2017 – Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 2, 2017 at 6:00 PM 6:01PM 1. Roll-Call Attendance X Anne Little Roberts O Joe Borton (arrived at 6:14pm) X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Rod Enos with Southside Christian Center 4. Adoption of the Agenda Adopted 5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. All persons wishing to speak MUST sign up on the sign-up sheet provided. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Proclamation for Better Hearing Month Vacated from agenda 7. Consent Agenda Approved A. Approve Minutes of April 25, 2017 City Council Special Meeting B. Approve Minutes of April 25, 2017 City Council Regular Meeting C. Findings of Fact, Conclusions of Law for Approval for Meridian Meadows Senior Community (H-2017-0011) by Giza Development/Michael Wright Located 2662 E. Magic View Drive CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, May 2, 2017 – Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. D. Final Order for Paramount No. 33 (H-2017-0030) by Brighton Land Holdings Located Approximately 740 Feet South of W. Chinden Boulevard on the West Side of N. Meridian Road E. Final Order For Heron Ridge Estates Subdivision No. 2 (H-2017-0035) by The Ewing Company Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road F. Final Order for Fall Creek Subdivision No. 4 (H-2017-0034) by Thomas Coleman, Toll ID I, LLC Located on the East Side of S. Linder Road, Approximately 1/3 Mile South of W. Overland Road G. Final Order for Hill's Century Farm Subdivision No. 6 (H-2017-0033) by Brighton Investments Located South of E. Amity Road and East of S. Eagle Road H. Final Order for Vicenza No. 3 (H-2017-0038) by Cottonwood Development, LLC Located West of McMillian Road Between N. Black Cat Road and N. Ten Mile Road I. Final Order for Vicenza Subdivison No. 4 (H-2017-0039) by Cottonwood Development LLC Located North of W. McMillan Road, Between N. Black Cat and N. Ten Mile Roads J. Final Order for Volterra Heights No. 3 (H-2017-0023) by Cottonwood Development Located South Side of W. McMillan Road and West of N. Ten Mile Road K. Final Order for Vicenza Subdivision No. 5 (H-2017-0022) by Cottonwood Development Located North Side of W. McMillan Road and East of N. Black Cat Road L. Final Order for Vicenza Subdivision No. 6 (H-2017-0021) by Cottonwood Development Located North Side of W. McMillan Road and East of N. Black Cat Road M. Final Order for Volterra Heights Subdivision No. 2 (H-2017-0040) by Cottonwood Development, LLC Located North of W. McMillian Road Between North Black Cat Road and North Ten Mile Road N. Final Order for Avebury Subdivision (H-2017-0037) by AD800, LLC Located North Side of E. Pine Avenue, West of N. Locust Grove Road O. Memorandum of Agreement for Contribution to City of Meridian Tour Buddy Computer Application and the Historic Preservation Commission with the Meridian Downtown Business Association Meridian City Council Meeting Agenda Tuesday, May 2, 2017 – Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. P. Irrigation Crossing Agreement with the Bureau of Reclamation at the Farr and Mcbirney Laterals for the Lake Hazel/Locust Grove Roads Waterline Extension Q. Equipment Parking Agreement with Retail West Properties (RWP) Meridian LLC. for Public Works Week Expo 2017 R. Mini Heavy Equipment Rodeo Agreement with Coastline For Public Works Week Expo 2017 S. Resolution No. 17-2009: A Resolution Adopting the City of Meridian Strategic Plan Focus Areas and Goals Moved to Item 11E T. Resolution No. 17-2010: A Resolution Declaring the Intent to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located near the SE Corner of E. Pine Avenue and N. Main Street; and Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance U. Approval for Finance to Pay Vendor Payments of $397,899.42 V. Approval of Task Order 10014.F to Keller Associates for the “WELL 32 PUMPING FACILITIES DESIGN” project for a Not-To-Exceed amount of $89,920.00 W. Subrecipient Agreement Between City Of Meridian and Meridian Development Corporation for PY 2016 Community Development Block Grant Funds in an amount not to exceed $60,000 X. Final Plat for Tree Farm Subdivision No. 1 (H-2017-0036) by M3 Companies, LLC Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road 8. Items Moved From the Consent Agenda 9. Community Items/Presentations A. Mayor’s Youth Advisory Council Update B. Ada County Assessor’s Office Annual Report 10. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 Meridian City Council Meeting Agenda Tuesday, May 2, 2017 – Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for Maverik (H-2017-0042) by Maverik, Inc. Located 1515 E. Fairview Avenue Approved 1. Request: Modification to the Development Agreement to Allow for a Time Extension of Three (3) Months to Obtain the Necessary Signatu res on the Development Agreement B. Public Hearing for Holy Apostles Catholic Church (H-2017-0019) by Roman Catholic Diocese of Boise Located Southeast Corner of E. Chinden Boulevard and N. Meridian Road Approved 1. Request: Annexation and Zoning of 16.32 Acres of Land with a C-C Zoning District C. Public Hearing for Oaks South (H-2017-0010) by Thomas Coleman Located South of W. McMillan Road and East of N. McDermott Road Approved 1. Request: Rezone of 0.005 Acre from L -O to R-8; 0.001 Acre from L-O to R-15; 0.04 Acre from R-15 to L-O; 0.22 Acre from R-15 to R-8; 0.19 Acre from R-15 to R-4; 0.31 an Acre from, R-8 to R-4; and 0.07 Acre from R-4 to the R-8 Zoning District D. Public Hearing: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department 1. Resolution No. 17-2011: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department; Authorizing the Public Works Department to Collect such fees; and Providing an Effective Date. Approved 11. Department Reports A. Purchasing: Review of Recently Received Bids and Current Construction Environment and Award of Construction Contracts to the Following: 1. L2 Excavation for a Not-To-Exceed Amount of $85,712.90 - E. Williams Street Sewer Line Replacement Approved Meridian City Council Meeting Agenda Tuesday, May 2, 2017 – Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 2. L2 Excavation for a Not-To-Exceed Amount of $81,679 – Amity Water Line Extension Locust Grove East Approved 3. Star Construction for a Not-To-Exceed Amount of $138,926 – Water Main Replacement – S. Heidi Place, W. Kimra Street Approved B. Public Works: Budget Amendment for Idaho Power Infrastructure Buyout: WRRF Not-to-Exceed $2,500,000 Approved C. Mayor’s Office: Resolution No. 17-2012: Appointing Jonathan Wardle to the Impact Fee Advisory Committee Approved D. Mayor’s Office: Budget Amendment for Allumbaugh House for a Not-To- Exceed Amount of $3,503 Approved E. Moved from Consent Agenda: Resolution No. 17-2009: A Resolution Adopting the City of Meridian Strategic Plan Focus Areas and Goals Removed 12. Executive Session per Idaho Code Sections 74-206(1)(f), to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation Into Executive Session at 7:59pm Out of Executive Session at 8:44pm 13. Future Meeting Topics Adjourned at 8:45pm Meridian City Council May 2, 2017 A meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, May 2, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Sonya Allen, Josh Beach, Berle Stokes, Charlie Butterfield, Clint Dolsby, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X___ Ty Palmer X__ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Okay. Thank you all for joining us here this evening. We always appreciate to see friendly faces in our crowd and certainly we welcome our Scouts whenever they want to come and earn one of their merit badges or citizenship and so welcome. For the record it is Tuesday, May 2nd. It's a minute past 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rod Enos with Southside Christian Center De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Rod with Southside Christian Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection . Please come forward. Thank you for joining us. Enos: Thank you, Mayor Tammy, to do that and to be part of this community. Shall we pray. Father, thank you so much for this community that you have allowed us to live in. Thank you for the great prosperity and blessings that we are afforded in this community and in this nation of such freedom and so, Lord, we come to you with great thanksgiving and just praise. Lord, we ask that you Meridian City Council May 2, 2017 Page 2 of 50 would come -- by your presence you would guide and direct this meeting. We know, Lord, that there are many families and individuals, Lord, that are impacted by the decisions of this group and we pray that, Lord, you would give them abundant wisdom and just understanding and discernment as they make their decisions tonight. And, Lord, we pray your continued blessing upon our community. We pray, Lord, that you would be with our first responders and our police, firefighters, Lord, that your protection would be over them . We pray your special blessing, Lord, on our -- our students, our teachers and our education system and we pray, Lord, that this community would continue to be a lighth ouse and an example to our nation of a community that works together and live s together, loves together and so, Lord, thank you, again, for your presence. We ask, Lord, you would have your way, in Jesus' name, amen. De Weerd: Pastor, have I given you a City of Meridian pin? Enos: You did. Item 4: Adoption of the Agenda De Weerd: I did. Well, good. Well, we will see you bright and early in the morning; right? Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item 6, the proclamation for better hearing month, has been vacated for this meeting. Item 7-S under the Consent Agenda has been asked to be removed and will be Item 8-S at the regular agenda. Item 10-B, the resolution number is 17-2011 and Item 11-C the resolution number is 17-2012. With that I move we approve the amended agenda. Milam: Second. De Weerd: I have a motion and a second. Did we remove Item S to under Department Reports? Bird: We put it to -- vacate it to Item S -- or eight on the Consent Agenda -- items moved from Consent Agenda. De Weerd: Okay. Okay. We have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council May 2, 2017 Page 3 of 50 Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk, was there anything on the sign-up sheet for Item No. 5? Coles: Madam Mayor, there was no sign-ups. Item 6: Proclamation for Better Hearing Month De Weerd: Okay. Thank you. And Item 6 was vacated, so -- and, by the way, that will be moved to next week. Item 7: Consent Agenda A. Approve Minutes of April 25, 2017 City Council Special Meeting B. Approve Minutes of April 25, 2017 City Council Regular Meeting C. Findings of Fact, Conclusions of Law for Approval for Meridian Meadows Senior Community (H-2017-0011) by Giza Development/Michael Wright Located 2662 E. Magic View Drive D. Final Order for Paramount No. 33 (H-2017-0030) by Brighton Land Holdings Located Approximately 740 Feet South of W. Chinden Boulevard on the West Side of N. Meridian Road E. Final Order For Heron Ridge Estates Subdivision No. 2 (H-2017-0035) by The Ewing Company Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road F. Final Order for Fall Creek Subdivision No. 4 (H-2017- 0034) by Thomas Coleman, Toll ID I, LLC Located on the East Side of S. Linder Road, Approximately 1/3 Mile South of W. Overland Road G. Final Order for Hill's Century Farm Subdivision No. 6 (H- 2017-0033) by Brighton Investments Located South of E. Amity Road and East of S. Eagle Road Meridian City Council May 2, 2017 Page 4 of 50 H. Final Order for Vicenza No. 3 (H-2017-0038) by Cottonwood Development, LLC Located West of McMillian Road Between N. Black Cat Road and N. Ten Mile Road I. Final Order for Vicenza Subdivison No. 4 (H-2017-0039) by Cottonwood Development LLC Located North of W. McMillan Road, Between N. Black Cat and N. Ten Mile Roads J. Final Order for Volterra Heights No. 3 (H-2017-0023) by Cottonwood Development Located South Side of W. McMillan Road and West of N. Ten Mile Road K. Final Order for Vicenza Subdivision No. 5 (H-2017-0022) by Cottonwood Development Located North Side of W. McMillan Road and East of N. Black Cat Road L. Final Order for Vicenza Subdivision No. 6 (H-2017-0021) by Cottonwood Development Located North Side of W. McMillan Road and East of N. Black Cat Road M. Final Order for Volterra Heights Subdivision No. 2 (H- 2017-0040) by Cottonwood Development, LLC Located North of W. McMillian Road Between North Black Cat Road and North Ten Mile Road N. Final Order for Avebury Subdivision (H-2017-0037) by AD800, LLC Located North Side of E. Pine Avenue, West of N. Locust Grove Road O. Memorandum of Agreement for Contribution to City of Meridian Tour Buddy Computer Application and the Historic Preservation Commission with the Meridian Downtown Business Association P. Irrigation Crossing Agreement with the Bureau of Reclamation at the Farr and Mcbirney Laterals for the Lake Hazel/Locust Grove Roads Waterline Extension Q. Equipment Parking Agreement with Retail West Properties (RWP) Meridian LLC. for Public Works Week Expo 2017 R. Mini Heavy Equipment Rodeo Agreement with Coastline For Public Works Week Expo 2017 Meridian City Council May 2, 2017 Page 5 of 50 T. Resolution No. 17-2010: A Resolution Declaring the Intent to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located near the SE Corner of E. Pine Avenue and N. Main Street; and Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance U. Approval for Finance to Pay Vendor Payments of $397,899.42 V. Approval of Task Order 10014.F to Keller Associates for the “WELL 32 PUMPING FACILITIES DESIGN” project for a Not-To-Exceed amount of $89,920.00 W. Subrecipient Agreement Between City Of Meridian and Meridian Development Corporation for PY 2016 Community Development Block Grant Funds in an amount not to exceed $60,000 X. Final Plat for Tree Farm Subdivision No. 1 (H-2017-0036) by M3 Companies, LLC Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road De Weerd: Item 7 under Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item 7-S will be moved to 8-S off the Consent Agenda. Item 7-T the resolution number is 17-2010. And with that I move we approve the amended Consent Agenda. Milam: Second. Bird: And the Mayor to sign and the Clerk to attest. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 2, 2017 Page 6 of 50 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Items Moved From the Consent Agenda De Weerd: Item S was moved from the Consent Agenda. Do we want to move that to when Councilman Borton is here? Bird: Is he coming? De Weerd: Yeah. He's -- he's going to just be late. Cavener: I don't have any problem with that. Bird: I have no problem with it, but -- De Weerd: Well, shall we move it to Item 11-E? Bird: Yeah. That would be fine. De Weerd: Any problems? Okay. Item 9: Community Items/Presentations A. Mayor’s Youth Advisory Council Update De Weerd: Okay. Item 9-A is under the Meridian Mayor's Youth -- Youth -- Meridian Mayor's Youth Advisory Council. Whoa. There you go. Is this going to be your last report? Bradford: It is. De Weerd: Oh, no. Bradford: The last one. All right. Madam Mayor, Members of the Council, I'm Susannah Bradford and this is our final update on the Mayor's Youth Advisory Council for the month of April. So, last Friday -- or two Fridays ago, April 21st, we had our Food Frenzy here at City Hall and it was really successful. We raised a lot of money for the Idaho Suicide Prevention Hotline and this was something that our task group put together, but we are talking about in the future making it something that -- more community service and we can also link with government affairs that we can do together. We raised nearly 1,200 dollars. I think we were just two dollars short of 1,200 dollars for the Suicide Prevention Hotline and we -- it was super successful. We definitely had a lot of participation. We had a newsgroup come and do a live interview and that helped bring a lot more people to come as well and so, yeah, that was really good and we will probably -- that Meridian City Council May 2, 2017 Page 7 of 50 will be something that we will continue on for the future. Next we have participatory budgeting. Our final decision is going to be made next Monday on the 8th and our MYAC'ers will be voting between an intergenerational community garden and a Memorial Plaza at Kleiner Park and so we are really hoping that we get a good turnout for our meeting next week and, then, we can get that wrapped up and figure out what we are going to do for our project. And, then, also -- also coming up we have on our general council meeting next week we have our elections for next year's executive council and so that will be really exciting to see who will be taking over for next yea r as we have our seniors leave and our exec council will change. And that's all I have. So, if you have any questions? De Weerd: Thank you, Susannah. Any questions, Council? Bird: I have none. Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: A couple of questions. Thanks again for all year. It's been a pleasure seeing you each month -- Bradford: Thank you. Cavener: -- and providing updates of all the comings and goings of youth council. Two questions. Can you share with us how much the youth council has raised for Suicide Prevention Hotline over the course of the year? Bradford: I think this was our only fundraiser for it. Is that right? Yeah. Cavener: Okay. Bradford: This is our only one that we have done. So, nearly 1,200 dollars to the Suicide Prevention Hotline and I would assume that it will be something that we will continue to advocate for. Cavener: Madam Mayor? De Weerd: And I think that it will be important to know, too, that one of our MYAC members at Meridian High School, right after the feeding truck rally the next day held a fun run to also benefit SPAN and so I think that was well attended. The report was over 200 participants in the fun run and so -- and that was from one of our MYAC members that did that. Cavener: Great. Second question. I'm just curious. What's an intergenerational garden? Meridian City Council May 2, 2017 Page 8 of 50 Bradford: I think it's just -- it's -- let me know if I'm incorrect about this, but I'm pretty sure it's a community garden that all ages can participate in and can help take care of. Okay. Yeah. That's what it is. Cavener: Great. Bradford: Yeah. Cavener: Thank you. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I, as well, have two questions. One, can I just give you two dollars, so that you don't say almost 1,200 dollars? Bradford: Yes. I will take it. Milam: And the second question is your intergenerational garden, what would be -- where is the location for that? Bradford: I think it's at a church -- yeah. There is a church that has offered to provide us with that area and once like -- once we figure out whether or not it's going to be that or the memorial park, we will get more details on who will be maintaining the park and all the plans for it and everything, so -- Milam: Now you have got over 1,200 dollars. De Weerd: Any other questions, Council? Well, it's been a joy having you with us to hear the updates and we greatly appreciate all of your effort . Bradford: Thank you. B. Ada County Assessor’s Office Annual Report De Weerd: Thank you. Okay. Item 9-B is our Ada County Assessor and for annual report. Welcome, Mr. McQuade. McQuade: Madam Mayor, thank you. And Members of the Council. It's nice to be back. We are just getting ready to send out 200,000 assessment notices and 40,000 of those belong to the property owners here in -- in Meridian. And I just wanted to let you know what's going on out here by the way in addition to the property taxes that you might be confronted with or to give you some boundaries that you might find important in preliminary budgeting. Just wanted to let you Meridian City Council May 2, 2017 Page 9 of 50 know is how close are our values to sales prices. The Tax Commission does their annual ratio study. This year our sales price -- median-priced ratio is about 97 percent. So, in other words, if -- we will just say we have a -- a 250,000 dollar house that's for sale, our assessed value will probably be about 245,000, something close to it, and commercial is pretty much the same thing, about 96 percent of the sales price on commercial properties. The total market value is market value -- not taxable value -- in Meridian is 10.9 billion and that's up about 15 percent over last year. Again, that's the market value, not the taxable value. To get the taxable value we take out homeowner exemptions, which are 2.3 billion. We have other outstanding exemptions. Hospital exemptions. Any exemptions that require Ada County commissioners approval. You don't have all of those until May 15th. By statute they have to get that to us. Right now we are about 254 million dollars in exemptions that were processed last year that have now been processed this year. So, we take out 254 million and we have operating properties, which will be added in. That's properties assessed by the tax commission, it's railroad tracks, transmission lines, pipelines. That's 73 million. That gives us what I call a potential taxable value that you would levy against and that's about 8.4 billion dollars. So, that's up 13 and a half percent over last year. Just breaking that down just a little bit. Residential properties, you have 33,700 residential properties. By the way, that's up four percent over last year's count, with a total market value, not taxable value, of 7.8 billion. That's up 13 percent from last year. And for most people it's what's going on with single family residential property. Here in Meridian it's going up about seven and a half percent. In Ada County we are looking at slightly over eight percent medium family -- single family residential property. Median value on single family residential property just throughout the county is 223,000. It's the highest it's been since 2008 when we were at 211,000. So, it's taken us nine years to dig our way out of the recession that occurred several years ago. So, what's going on in the housing market? Well, first of all, you can't find anything less than 200,000 dollars and the entry level homes are just impossible to get. Interest rates were starting to go back up. In the last couple of weeks have gone back down again. And, of course, land values, those are at six pe rcent. Land is typically the driver of residential property. We are seeing people rushing in to get the entry level homes. If there is going to be a limiting factor on that -- and that is single family residential homes are up about eight percent in Ada County, but wages in Ada County are only going at about four percent. So, at some point in time wages just are not going to be able to keep up and that's going to be a limiting factor on the price increase. Commercial and real property, we have about 2,400 parcels valued at 2.8 billion dollars. On commercial property they are up about five percent, a little bit less than residential property. Total market value we have personal property back in at just under three billion dollars . That's a 19 percent increase over the last year. There is an exemption called 63- 602NN. It's been on the books for several years. And that is anyone that was going to be making a three million dollar investment in a manufacturing facility and new plant equipment, the commissioners can exempt any part of that up to the entire amount. That's a five year exemption. Well, the legislature changed Meridian City Council May 2, 2017 Page 10 of 50 that this year. They have reduced that to 500,000 dollars. So, from three million to 500,000 dollars and also it's broadened. It's not just manufacturing facilities anymore, it's all commercial property, except retail. It's up to the commissioners to decide to take that three million down to 500,000. By statute it's their decision and I have not heard anything from the commissioners at all what they plan on doing about that and I don't know if that goes into effect -- my guess is that goes into effect July 1st. So, it's not going to really affect anything this year. De Weerd: Mr. McQuade, is there criteria that was qualifying criteria? McQuade: Madam Mayor, yes, there is. First of all, it has to be -- based on the past you had to have three million dollars, it 's going to be 500,000 now. But also they have to demonstrate to the commissioners that this will have a significa nt economic impact in order to qualify for that exemption and how the commissioners make that decision I don't know. All exemptions are granted by the commissioners and that's usually kept to their counsel and among themselves and they will announce what their ruling is. So, I'm really not privy to -- to how they value that. But by statute it has to provide a significant economic impact to the community. Does that answer your question? De Weerd: Yes. McQuade: Okay. Just add a couple of other things that I think are noteworthy here. The new construction -- of course, that's important to -- to Meridian, as well as Ada County and other taxing entities and that is with an increased budget capacity by taking last year's new construction value and multiply that times last year's levy. So, your taxable value is 508 million dollars. That's an increase of two percent. So, you can take that 508 million dollars since last year's levy and you're going to increase your budget capacity by that, plus the three percent that's allowed by statute. Substantive change of status. That's where land -- we will for ag land, it's now subdivided, any change in value that goes into the -- the new construction value. So, that's new construction. And urban renewal is 136 million. That's up 25 percent compared to last year and to me another real interesting number is the tax burden. Who is paying the taxes? Commercial? Residential? You have 65 percent on the residential and 35 percent on commercial, which is more -- residential is 58 to 42 percent. So, it's -- I think that's a pretty good split, 65 and 35 and that really does not change much from year to year. Over the last couple of years it's gone a little bit in -- tilted towards residential, because it negates some personal property off and some other things, but, yeah, just kind of anxious to -- to see how things play out once -- that homeowners exemption, you know, is fixed, it was going -- it was indexed up until last year. So, now it's fixed at 100,000 dollars. It was assumed to be worth more than 100,000 dollars today, but I think that will tend to shift it a little more over to commercial. Madam Mayor and Members of the Council, that's wh at I have to say this year and new construction is going well, above normal price appreciation. Four percent to me is typical. So, seven and a half, eight percent, Meridian City Council May 2, 2017 Page 11 of 50 that's getting a bit high. Nothing like we saw back in 2004 or 2005 when we were looking at 20 percent, 25 percent price appreciation in a single year. And population increase -- Ada County increased by 11,000 last year. Up two and a half percent. In talking to COMPASS they are looking at about having 480 -- about 485,000 by the year 2020 for Ada County. So, it's just -- it's just going to keep growing and we just want to pay attention to it and try to address those issues. It shouldn't be too much of a problem. Madam Mayor, those are my comments for this year. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Very nice report. De Weerd: Thank you for joining us. McQuade: Also nice to see everybody. It's been a whole year. Take care. Item 10: Action Items A. Public Hearing for Maverik (H-2017-0042) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Modification to the Development Agreement to Allow for a Time Extension of Three (3) Months to Obtain the Necessary Signatures on the Development Agreement De Weerd: Nice to see you. Okay. Item 10 under Action Items. The first item, 10-A, is a public hearing for H-2017-0042. I will open this public hearing. Beach: Good evening, Madam Mayor, Members of the Council. As you said, this is -- this is a development agreement modification for the Maverik. The property is located at 1515 East Fairview Avenue. It's on approximately 3.83 acres of land, which is currently zoned RUT in Ada County. A little history on this project. In 2016 the property received annexation approval. However, the development agreement was never signed by the applicant to conclude the annexation process. So, as you're all well aware we changed the ordinance last year to, instead, give a two year window for the signature on the development agreement to six months. In this case the six month deadline was in December and I think the applicant has worked with the city attorney's office in coming up with some language that was agreeable. I'm sure you're all familiar with the history on this specific project. A lot of it had to do with the billboards that are on the site. So, the applicant is requesting an amendment to the development agreement to extend the expiration of the development agreement . The original expiration date, as I said, was December 21st of last year. The reason for the delay in signing the DA was the applicant and the city attorney's office, as I said, Meridian City Council May 2, 2017 Page 12 of 50 could not -- and were working together to collaborate on the appropriate DA provision for the removal of the billboard signs based on the motion stipulated by City Council during the hearing. The original solution required the approval of the billboard company. They were unwilling to agree to the requirement of removal. The applicant has now provided a different solution and has granted the city license to enter and remove the billboards if necessary when the leases expire in the year 2027. Therefore, the applicant is requesting an extension to sign the agreement, because a specific time was not requested by the applicant, and staff believes that they are fairly close to being agreeable to sign that, we have given them until June 2nd, a month from today, to get that signed. I will show you a slide here. This is the language that was negotiated with the city attorney's office and the -- the applicant. Staff is in agreement with the potential extension of this. I will let Mr. Nary discuss anything further if he'd like. But with that we are recommending approval. De Weerd: Thank you, Josh. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I think Josh has covered it. We have spent a long time in talking with counsel for Maverik, both locally and out of state. Again, we tried one solution that didn't seem to work and that's where the delay really occurred with trying to get the original solution. Now the language that is being proposed we are comfortable it does give the city the ability to remove the signs if they aren't removed by the property owner when the lease will expire. There is language in the DA that doesn't allow the lease to be extended. So, we are -- and there is a bond -- a surety that's attached as well to give the financial ability to be able to remove them in 2027. So, we are comfortable moving forward. We are -- we are agreeable with the change in the date. I don't know if 30 days is adequate. It should be, but I don't know if -- if the applicant has a different request. De Weerd: Okay. Any questions for staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Josh or Mr. Nary. If I remember correctly when we discussed this last year, there was concern on staff's part about how we were going to track this and remember ten years from now when the only one that's here is Mr. Bird, that this -- that there is a process in place and so I'm just hoping that maybe before we jump to the public hearing that you can educate me on how we now feel comfortable that should everyone forget that this process will be monitored. Beach: So, Council Member Cavener, so this language you see here I think that was a concern from staff and it was a concern from the attorney's office, you Meridian City Council May 2, 2017 Page 13 of 50 know, who knows who is going to be here ten years from now to -- to make this happen. So, I think you're right, just because this is in a development agreement doesn't mean anybody is going to remember that it's there and think to -- to look for this development agreement. So, I still think there is some -- there is some concern with whether or not this is actually going to take place in the year 2027 . Having said that, this language here does allow the city to go in there and remove those billboards in the year 2027 if someone in the Planning Department comes across this development. There might be another way to trigger something ten years from now, but I don't -- I don't know what that would be. De Weerd: But, Josh, aren't they requiring a bond? So, I would imagine if there is money on this -- I’m sure maybe we won't remember, but the applicant probably will. He's got that money tied up, so -- Nary: Madam Mayor? De Weerd: That would be my best guess. Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, I -- that was our -- our thought. I mean, obviously, we could put it into our Accella system -- whether that's the system we are using ten years from now I don't know. But all of those -- since the property owner -- it's incumbent on them to be the first line of removing them, those have great value, so someone is going to want those poles and they are going to want those boards, whatever kind of billboard polygrams they are in ten years, someone is going to want them. So, I think there is a financial reason that they will -- someone is going to pay attention to that. But the bond especially, because, again, that instrument will have to be renewed and that money is tied up into something. So, we think there is enough incentive for this to get done. It's the only way -- only way we could come up with of at least giving the city the ability to do it with the one back stop of making sure it could get done. De Weerd: Okay. Any questions further for staff? Okay. Would the applicant like to make comment? Good evening. Butler: Good evening. Joann Butler. 251 East Front Street in Boise. First of all, I want to say thank you to Mr. Nary and his staff and to Josh for his help in getting this -- the development agreement ready for signature and, yes, we are ready to sign it as soon as the -- your Legal Department produces it for us to sign. There were two items that we needed to go over with the Council tonight that didn't get covered in the written finding and going back to your last hearing, there were two items that were addressed and that was would the billboard square feet -- the amount of square feet that existed on the billboard, would that be counted against Maverik in putting up their typical sign package and it was discussed by the Council and staff that, no, that wasn't meant to do that, that they would be able to put up their typical sign package . But that particular thing did not make it into the written findings and so to be clear we wanted to bring that up Meridian City Council May 2, 2017 Page 14 of 50 with Council tonight so you could deliberate on that and make a final decision, so the Legal Department could add that as one of the conditions of approval or note that within the development agreement. The other item that was talked about at your last public hearing was this is a large parcel, the southern portion of which is not going to be developed right now by Maverik, it's going to remain in the ownership of the present owner and there was a discussion of the landscape border along the southern boundary and how wide should it be and so on and the Council discussed that we weren't -- you weren't quite sure how wide the irrigation easement is, so let's not deal with landscaping to the south until that property to the south -- the south half of the portion -- or the south portion of the property develops and that was on advice of your attorney . But that -- that -- that proviso conflicts with a condition in the development agreement which says that all of the landscaping has to be done in phase one. So, we are just asking the Council to clarify that for Legal, so they can add that to the development agreement, that the landscaping along the southern boundary won't be addressed now, it will be addressed by the -- by the owner -- that owner when they go to develop. So, two things. One, that the square feet of the existing billboards does not count against what Maverik is typically allowed to put up in a sign package on site and, two, delete the requirement for putting in landscaping along the southern boundary. Thank you. De Weerd: Any questions or -- Josh or Mr. Nary is -- Bird: Madam Mayor? De Weerd: -- is that -- is that consistent? Nary: Madam Mayor, the sign package was discussed and I think it was the -- the Planning Department's recommendation that we not count the billboards against the signs for the -- for the business. On the rear boundary, though, the only problem is our ordinance says it's one parcel. They haven't split this into two parcels and our ordinance requires that the entire boundary, the entire buffer be built with the parcel. So, I think to be consistent with our ordinance the only way we could do that -- I mean is they have to split that piece off. Otherwise, they don't -- I don't think we have any other exception I'm aware of in our ordinance. Josh can correct me if I'm wrong, but I don't -- I don't think there is and I don't think there is any ordinance that says you can just waive it, so -- Beach: Madam Mayor, if I can. The only -- the only thing -- and Ms. Butler came up before the hearing to ask a question of me -- I think was trying to get to this point. The only way they could get away from landscaping that southern border is if this was a separate parcel. I think their intention is to -- and we knew this from the beginning, that they weren't -- Maverik was not going to use this whole property for their store. I think their intentions are to split this into two separate pieces and I think it would be in their best interest to do that now before they develop the Maverik site. It's a fairly straightforward application to do a short plat Meridian City Council May 2, 2017 Page 15 of 50 to do this. That way they would not have to develop the landscaping on the southern portion until they have a -- a user for that piece and they could just develop the northern section of the property for the Maverik site. Butler: Joann Butler again. Yes. In fact, we have got an application ready to go to do that short plat and perhaps we could indicate something in the condition of approval that that landscape is not required so long as we go through that short plat process. Nary: You could do that, Madam Mayor. Bird: Do we need to -- Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Do we -- we don't need to attach this to the DA, do we? Nary: Madam Mayor, Members of the Council, Council Member Bird, the DA has a provision that require -- and our code requires that all the boundary has to -- Bird: Our ordinance says different, so they would have to come with a variance to change the DA, wouldn't they? Nary: No. Bird: Okay. Nary: The DA could remain with that condition, but the other condition that Ms. Butler just stated would be that they -- that the southern boundary needs to be split to another parcel and we will come up with the language for that. Bird: Okay. Nary: But we can -- but since they are ready to move forward with that and that would, then, be consistent with our ordinance, I think we can move forward with -- with a DA. Beach: I did have one -- sorry -- one other thing. I think the intentions of the applicant are to not construct a 25 foot landscape buffer on the south side, which is what we would normally require up against a residential zone. I think their intentions are to reduce that. So, I think if -- if that is the case and the applicant will go and address that, I think that can also be added to the development agreement. At least that's what I understood from the applicant in our conversations that they were hoping to, one, not do all the landscaping on the southern portion and, then, to reduce that -- that width as well. There is a -- there Meridian City Council May 2, 2017 Page 16 of 50 is a significant pathway there with some -- already some included landscape buffer as you can see there. So, just thought I would bring that up. De Weerd: We will just ask you to close with any comment on that. Just in case there is anyone who would like to provide public testimony. Butler: Okay. Thank you. On the -- De Weerd: Joann? Butler: I'm sorry? De Weerd: I will let you -- yes. Butler: Oh, I'm sorry. De Weerd: Let me find out first if there is anyone who would like to provide testimony. So, is there any -- this is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Final remarks. Butler: Joann Butler again. If you wanted a statement on that southern boundary area, at least -- and, I'm sorry, I wasn't at the hearing, but did review the minutes. The discussion at your last hearing was that given th e width of the irrigation easement even further south on the property, the landscape buffer was contemplated to be five feet, but there was a lot of discussion that we didn't know -- or that Council didn't know or staff didn't exactly know how wide that irrigation easement was and so that was why it was left. Let's not even deal with how wide it should be, let's wait until the developer of that southern portion of the property comes and we will deal with that person. So, we -- we actually won't -- as Maverik won't even deal with that southern boundary. You will deal with it with the next developer. Thank you. Palmer: Madam Mayor? De Weerd: Ms. Butler. Butler: Oh. Sorry. De Weerd: Yes, Mr. Palmer. Palmer: Just a quick question. Is July 2nd sufficient -- Butler: Oh, you know, we are ready to sign as soon as it's ready from your Legal. Palmer: Or June 2nd. Meridian City Council May 2, 2017 Page 17 of 50 Butler: June 2nd. As soon as it's ready from the Legal Department we are ready to go. Thank you. Nary: Madam Mayor, Members of the Council -- De Weerd: Mr. Nary. Nary: -- to answer Councilman Palmer's question, what we plan -- we have to have new findings, so what we are going to do is put them together, we are going to do the findings and, then, we will bring the development agreement back after that, just so we really have all of this complete, except for these couple provisions that we have already worked out. We thought we could get that all done at the same time. So, we should have it back to them within a week. De Weerd: Very good. Any further questions? Mr. Borton. Borton: Madam Mayor. Bill, is the -- is the intent in the language going to be set on the landscaping -- isn't the development agreement that the landscaping on the south boundary would be done in the first phase, unless the city receives the short plat application on or before X date, so if the -- if the split doesn't -- isn't applied for that the developer would be required still, then, to landscape in accordance with our code? Nary: Madam Mayor, Members of the Council, Councilman Borton, that's what I would have to say is that, really, the incentive is on them to split the parcel off and, then, they don't have to deal with this question at all and they could still be consistent with our code. So, I hadn't even had a chance to discuss it with Ms. Butler, but I think that's probably the way we would do it , because, then, again, it's all in their ballpark to get it done. Borton: Madam Mayor? That would be all in the DA, though; right? Nary: Yes. Borton: Okay. De Weerd: And I would imagine that would have to be applied for before building permits, so you knew setback and those kind of details. Nary: Yes, ma'am. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 2, 2017 Page 18 of 50 Borton: Two other quick questions. Is the scope of what landscape is or isn't required on that southern portion addressed at the time of that future split ? We need to decide today as part of that what the scope of it would be today at that future date or do we decide that later? Nary: Madam Mayor, Members of the Council, Councilman Borton, I would think you would decide it later, because you don't have any active project or application on that parcel. Once it's split off it's just going to be a vacant piece of ground. Borton: Okay. Madam Mayor, last question. There is reference in the staff report about the new part of the solution with a license being provided to the city to enter on the property. I didn't see that in the language that's proposed. The additional right of the city having a license -- the landowner doesn't do it, that we can do it, utilize the surety proceeds to get it complete. Nary: Yes. Something -- Madam Mayor, Members of the Council, Councilman Borton, so subsequent to the application, Ms. Butler and I had that conversation, she did provide us additional language that we will, then, put into the development agreement that gives that specific license, because that's the -- that was, really, the rub is the financial ability is one thing, but the legal ability to remove them is really what we need in conjunction with that. So, we have worked out language that we will include in the development agreement , if that's the direction of the Council. Borton: Okay. Madam Mayor? That's something other than what's in 5.2? Nary: It's new additional language. Yes, sir. Borton: Okay. De Weerd: Great to clarify. Any further questions or discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question likely for Mr. Nary. I -- I agree that the -- the signage is valuable. Billboards located in the heart of Meridian are equally valuable. If we and if the applicant forgets to remove them is there -- has there been contemplated any type of penalty if the landowner doesn't remove them, so the city has to, then, use city resources and time to -- to get these apparatuses removed? Meridian City Council May 2, 2017 Page 19 of 50 Nary: Madam Mayor, Members of the Council. Well, part of that is what the bond is for, right, is the -- the financial to do that. Enforcement is always on the city for enforcing any conditions of the development agreement. Cavener: Okay. Nary: Attorneys fees and costs and things are always going to be determined by a court in those regards. You also have the ability in this and all development agreements to de-annex the property as well in the future if you want to. But there isn't any -- none of our development agreements have financial penalties built into the requirements. Cavener: Madam Mayor? Mr. Nary, just clarification. Is there anything that prohibits us from attaching a financial penalty? Nary: Madam Mayor, Members of the Council, it's -- Councilman Cavener, it's a contract between the city and the property owner and certainly if that's something else that the Council wants and the developer is willing to agree to that, that's certainly within your ability to require that. Cavener: Great. De Weerd: Any further questions or discussion from Council? Bird: I have none, Mayor. De Weerd: Okay. Well, if there is no further questions or discussion, I would entertain a motion to close the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move to close the public hearing on Item 10-A, H-2017-0042. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10 - A. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 2, 2017 Page 20 of 50 Borton: I move that we approve Item 10 -A, H-2017-0042 to allow for the modification of the development agreement and time extension. The request is for three months. So, the motion would grant that three months extension to obtain the necessary signatures and that the modified development agreement incorporates the reference to signage -- the billboard signage and its application towards the city's requirement, as well as the requirements referenced with the landscape on the southern portion that's been represented by both the applicant and staff and that the additional provision granting the city a license to accomplish their removal utilizing the surety that's provided to do so, assuring that it's of sufficient amount, that that also be included in the development agreement. Palmer: Second. De Weerd: I have a motion and a second. Discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess just to clarify -- you didn't mention the signage -- the square footage. Are you saying that it does not hinder their -- their regular signage; correct? Borton: Madam Mayor. Correct. Really it's the intent to -- to memorialize here what we discussed and agreed on before. Milam: Thanks. De Weerd: Anything further from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: The motion passes. MOTION CARRIED: FIVE AYES. ONE NAY. B. Public Hearing for Holy Apostles Catholic Church (H- 2017-0019) by Roman Catholic Diocese of Boise Located Southeast Corner of E. Chinden Boulevard and N. Meridian Road 1. Request: Annexation and Zoning of 16.32 Acres of Land with a C-C Zoning District Meridian City Council May 2, 2017 Page 21 of 50 De Weerd: Item 10-B is a public hearing for H-2017-0019. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next applicant before you is a request for annexation and zoning. This site consists of 14.6 acres of land. It's zoned RUT in Ada County and located at the southeast corner of East Chinden Boulevard and North Meridian Road. The Comprehensive Plan future land use map designation is a mixed use community. The applicant requests annexation and zoning of 16.32 acres of land with a C-C zoning district, consistent with the MUC future land use map designation. A site plan was submitted that depicts how the site is proposed to develop as shown. Actually, not proposed. Excuse me. Is developed with a -- with a 52,000 -- De Weerd: Sonya, we can just see our last application. Allen: Sorry, Madam Mayor, Council. De Weerd: I kept thinking maybe -- Chatterton: They look just the same. De Weerd: Probably not. Thank you. Allen: All right. Sorry about that. The site plan shows -- shown on the screen shows how the site is developed with a 52 ,220 square foot church and accessory structures, a single-family residential home, and a food pantry. Parking and access, all of the existing structures are proposed to remain. One full access exists via Meridian Road and another full access exists via Chinden Boulevard, which is shared with the Zamzows property to the east . No new accesses are proposed. Parking exists on the site that exceeds UDC standards. A 35 foot wide landscape street buffer is required along North Meridian Road and East Chinden Boulevard, both entryway corridors. And a ten foot wide multi-use pathway is required within the buffer along Chinden within a public pedestrian easement. The applicant should reserve all necessary right of way as required by the Idaho Transportation Department for the future widening of Chinden Boulevard out -- outside of the required street buffer. Connection to the city sewer system is required within 60 days of annexation into the city. Connection to city water is not required due to the terms of the 2007 agreement between the city and United Water. To ensure compliance with UDC standards for site improvements, a certificate of zoning compliance is required to be submitted within 60 days of annexation. The Planning and Zoning Commission recommended approval of the subject annexation and zoning request with a development agreement per the staff report. Tamara Thompson from The Land Group, the applicant, testified in favor of the application. No one else testified in opposition or commented. Written testimony was, again, received from Tamara Thompson, The Land Group, in agreement with the staff report. There were no Meridian City Council May 2, 2017 Page 22 of 50 issues of discussion by the Commission or changes to the staff recommendation. And no written testimony has been received since the Commission hearing. Staff will stand for any questions. De Weerd: Council, any questions? Is the applicant here this evening? Well, you don't look like Tamara. Thomas: No. Madam Mayor, Members of the Council, Michael Thomas. I work for The Land Group. I'm here in place of Tamara tonight and as mentioned we do not have any objections with the staff report. We are in complete agreemen t and I'm here to answer any questions. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you for joining us. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council, any further information needed from staff or the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move that we close the public hearing on H-2017-0019. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10 - B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0019, the request for annexation and zoning of 16.32 acres of land with a C-C zoning district and to include all staff and applicant comments. Milam: Second. De Weerd: I have a motion and a second to approve Item 10 -B as stated. Any discussion? Mr. Clerk. Meridian City Council May 2, 2017 Page 23 of 50 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Oaks South (H-2017-0010) by Thomas Coleman Located South of W. McMillan Road and East of N. McDermott Road 1. Request: Rezone of 0.005 Acre from L-O to R-8; 0.001 Acre from L-O to R-15; 0.04 Acre from R-15 to L-O; 0.22 Acre from R-15 to R-8; 0.19 Acre from R-15 to R-4; 0.31 an Acre from, R-8 to R-4; and 0.07 Acre from R-4 to the R-8 Zoning District De Weerd: Item 10-C is public hearing H-2017-0010. I will open our public hearing with staff comments. Allen: Thank you, Madam Mayor, Council. The next application before you is a request for a rezone. The rezone area consists of a total of .84 of an acre of land, zoned L-O, R-15 and R-8, located at the southeast corner of West McMillan Road and North McDermott Road. This property was annexed in 2013 and included in the preliminary plat for the Oaks South development . At the request of staff the applicant submitted the subject rezone application to clean up the existing zoning in the development, so that the zoning coincides with the lot configurations shown on the approved and future final plats. This will eliminate lots having dual zoning. The Commission recommended approval of the subject application. Travis Jeffers, JUB Engineers, testified in favor for the applicant and no one else testified in opposition or commented. Written testimony was received from Kristi Watkins, JUB Engineers, the applicant, in agreement with the staff report. There were no outstanding issues for the Council or any discussion by the Commission and no written testimony has been received since the Commission hearing. Staff will stand for any questions. And this is -- excuse me. This is an exhibit showing the actual areas proposed for the rezone. De Weerd: Thank you. Council, any questions at this time? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Jeffers: Good evening, Mayor and Council. For the record Travis Jeffers, JUB Engineers. 250 South Beechwood Avenue in Boise. I'm here if you have any additional questions. Staff's pretty much summed up the reason. We are here to clean it up and make sure there is no dual zoning going on, so that's really that straightforward, so -- Meridian City Council May 2, 2017 Page 24 of 50 De Weerd: Thank you. Jeffers: -- any questions? De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you very much. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2017-0010. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10- C. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2017-0010. Bird: Second. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 10 -C. If there is no discussion, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council May 2, 2017 Page 25 of 50 D. Public Hearing: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department 1. Resolution No. 17-2011: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department; Authorizing the Public Works Department to Collect such fees; and Providing an Effective Date De Weerd: Item 10-D is a public hearing regarding water meter and water system repair fee schedule. I will turn this over to Dave. Miles: Good evening, Madam Mayor, Members of Council. If you recall we were here in mid March to discuss what we call the water meter and water system repair fees and we are here tonight seeking adoption of the updated fee schedule. What you should have in front of you is a copy of the public notice that went out and was posted per our requirements, as well as a copy of the resolution. Again, under Meridian City Code, Section 9 -1-12 the Public Works Department is authorized to charge fees for our water meters and water meter purchases and repairs to the water system. These fees were originally -- or excuse me -- last updated in 2006. So, we are here tonight to update those fees, primarily due to the fact that we are looking for cost recovery from our suppliers from what we are charged. Be happy to stand for any questions on this. De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: David, why has it been since 2006 since we have had any revisions if -- if we have been spending? Miles: Madam Mayor, Council Woman Milam, that's a good question. I think there is probably a combination of reasons, primarily time to get to this. I -- last time I was here we did commit to coming back on an annual basis for these fees to update them. I know there is discussions throughout the departments to do that on a citywide level and that's our commitment to you moving forward for these fees is to do just that. De Weerd: Okay. Milam: Thank you. Meridian City Council May 2, 2017 Page 26 of 50 De Weerd: Any other questions from Council? This is a public hearing. Is there anyone who wishes to provide testimony on this item? If there is no further questions or comments, Council, I would entertain closing this public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on adopting updates to the water meter and water system repair fee schedule. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10- B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department 1. Resolution No. 17-2011: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department; Authorizing the Public Works Department to Collect such fees; and Providing an Effective Date De Weerd: Item 10-D-1 is Resolution 17-2011. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 17-2011. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-D-1. Any discussion from Council? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 2, 2017 Page 27 of 50 MOTION CARRIED: ALL AYES. Item 11: Department Reports A. Purchasing: Review of Recently Received Bids and Current Construction Environment and Award of Construction Contracts to the Following: 1. L2 Excavation for a Not-To-Exceed Amount of $85,712.90 - E. Williams Street Sewer Line Replacement 2. L2 Excavation for a Not-To-Exceed Amount of $81,679 – Amity Water Line Extension Locust Grove East 3. Star Construction for a Not-To-Exceed Amount of $138,926 – Water Main Replacement – S. Heidi Place, W. Kimra Street De Weerd: Item 11-A is under Department Reports. We have a report from our Purchasing Department. Watts: Thank you, Madam Mayor, Council Members. If you recall last time I was here I had an out-of-the-ordinary-bid award and asked if you would like me to continue to come up here and you made a comment that you didn't see me enough and you wanted me to keep bringing those and I'm afraid with the construction environment the way it is you're going to see me quite a bit I think in the next few months. I have three contracts that I have before you for award today, but I wanted to talk a little bit about how our bids have been coming in. The three that I have before you -- two of them have only one bid. One of them had no bids and we went out and rebid it and we got two when we went out the second time. All three of these have came in over the engineer's estimate. They are not over the budget, but they are over the engineer's estimate and they ranged from five percent over to almost 70 percent over the engineer's estimate. So, when the bids come in -- like it's the process that I do is I -- I go to meet with Public Works and I sit down with the city engineer or the assistant city engineers to determine the urgency of the project and discuss whether or not we think it might be better to put it off until a later date and maybe bid in the fall and hope for a better construction environment. I will continue to do that. With the three projects that I have before you they are crucial to larger project s. One of them is very crucial to a larger project that we need to get moving forward, so it can't be put off. And, then, I also have another project that we will be submitting next week where we had a pre-bid last week and no one showed up to the pre -bid and it is very crucial to a larger project. So, we have spent this -- a couple days this week contacting contractors to see if we could drum up some interest in it Meridian City Council May 2, 2017 Page 28 of 50 and we do have at least one contractor he said they are interested in bidding and possibly a second. That's the proce ss that we will continue to go through. With construction booming as it is, the contractors are busy and they get to pick and choose what they -- what they bid on, so -- De Weerd: Well, Keith, I -- I know that I -- I have talked to Public Works about this, but I think it's going to be incumbent on us to look at how we can bundle some of these projects, so you can make it of greater interest perhaps to -- to take a look at that and so if you can kind of sit down and look at what we do have coming up and see if there is a way to start better packaging these so they don't go out in the smaller items, we can give them something a little bit larger and meatier to chew on. Watts: Sure. And we have had that discussion on the one that I just was discussing with you, the latest one. That is a possibility with that one. The only problem we will have is that is going to really put a cramp in the timeline. It's going to put us behind schedule if that is, in fact, what we end up having to do with the bid for next week, but we will come -- bring that to you when that occurs and we will discuss it that time. Bird: Madam Mayor? Watts: I do have three bids before you. De Weerd: Mr. Bird has a question. Bird: Keith, I know that construction is very busy now. Is the private sector having problems getting bids, too? Watts: From what I understand the few people that I have talked to they have. They are in the same boat. People are picking and choosing what they are going to do and they are really going to work for their favorite contractors right now. Bird: They are going to work for where they don't have to do the paperwork or stuff that we -- Watts: Correct. Bird: -- we require, which I don't -- I think it's great, because -- Watts: I spoke to -- Bird: It's sad, but, you know, you're going over the estimates that high, but there is nothing we can do about it if we can't find the people, other than just getting out and talk to some of the contractors and say, hey, is there anything we can do to help. Meridian City Council May 2, 2017 Page 29 of 50 Watts: That's -- that's what we have been trying to do and I think that's what we will continue to do in this environment. I did speak to one of our consultants last week. It wasn't one of our projects, but -- and I was discussing -- this was one of our design consultants and they have an 8.2 million dollar bid -- or project out. They did a prequalification and they had one person interested and they had to beat the street and they were only able to drum up three contractors who were even interested in prequalifying for that size of a project. So, that's -- Bird: That's sad. Watts: -- that's tough. Bird: That is sad. Watts: So, we will do our best to entice them to come to Meridian and do work for us and we will work with Public Works in combining projects if need be to make it desirable. If no other questions, we can talk about the three contracts I do have before you. I guess I would -- I would also like to -- we always send these -- when we go out for bid we -- we put it on our website and we put it on an FTP site. We send it down to the AGC and when their -- a formal bid we send to the newspaper as well, so there is not a whole lot more that we can do to -- other than calling contractors independently and trying to see if they are interested. With that I have three contractors -- or contracts before you. There is the East Williams Street sewer line replacement with L2 Excavation for $85,712.90. I have the Amity water line extension at Locust Grove, which is 81,679. That is also with L2 Construction. That is one of the contractors that I have been able to talk to and entice him into bidding on our projects. And our third one is the water main replacement at South Heidi Place and West Kimra Street and that's with Star Construction for 138,926 dollars. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With the permission of the other Council, I will make all three of these in one motion. I move we approve the contract with L2 Excavation not to exceed $85,712.90 for the East Williams Street sewer line replacement. Number two is contract with L2 Excavation for a not-to-exceed amount of 81,639 dollars. That's for the Amity water line extension, Locust Grove east. And number three with Star Construction for not to exceed amount of 130,926 dollars for water main replacement at South Heidi Place and West Kimra Street and for the Mayor to sign the contracts and the Clerk to attest. De Weerd: I have a motion -- Meridian City Council May 2, 2017 Page 30 of 50 Milam: Second. De Weerd: -- and a second to approve Item 11-A, 1, 2 and 3. Any discussion from Council? Okay. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Keith. Watts: Thank you. B. Public Works: Budget Amendment for Idaho Power Infrastructure Buyout: WRRF Not-to-Exceed $2,500,000 De Weerd: 11-B is also under Public Works and Laurelei McVey. McVey: Thank you for your time. We have a PowerPoint presentation. No surprise. So, Madam Mayor, Members of the Council, thank you for your time this evening. The Public Works Department is bringing forward a budget amendment to address the issues surrounding the primary power lines at the treatment facility. The purpose of this presentation is to provide you with background information, details surrounding -- and details surrounding the viable options and alternatives. So, I'd like to briefly cover the agenda. We will talk a little bit about the background of the current power distribution system . Discuss a little bit how our current expansion projects are impacting the power system at the facility. Talk about the options that we have relating to the primary power system and the backup generators and, then, provide you with our recommendation for the best option moving forward for the city. So, as you know, power is absolutely critical at the treatment facility and having backup power is not only essential to allow us to keep flow moving through the facility if we have a power outage, but it's also a requirement of the Department of Environmental Quality. So, I will provide you with a brief overview of our current system. This is a photo representation. So, under the current system at the treatment facility Idaho Power owns the primary power lines in the plant . Those are the yellow and red lines you see in the photo . The city pays a monthly facility fee of approximately 6,500 dollars a month, which covers the installation and maintenance costs on the line. Idaho Power determines that fee by amortizing the install value over 31 years. However, at the end of those 31 years the city still doesn't own the power lines. Idaho Power still owns the system. So, the city also pays for the electricity that's used on top of that facility fee and with the current plant expansion the facility fee was expected to increase to approximately Meridian City Council May 2, 2017 Page 31 of 50 13,000 dollars a month. So, the city also owns -- or owns the centralized generation center, which is shown on that box in the orange towards the bottom of the photo there. However, what makes our system unique is that when we lose mainline power we use our backup generators to transmit power on Idaho Power's lines around our facility. This isn't a standard setup. Normally Idaho Power does not allow other people's power onto their power lines. However, in 2005 this was an agreement that Idaho Power entered into with the ci ty and it still stands to this day. So, where did things change? In 2015 we began working with Idaho Power on system upgrades that would serve the capacity expansion and headworks project. At that time we were planning to have Idaho Power design, construct, and own the power system for the expansion. However, in mid 2016 Idaho Power came to us and said that the MOU would be voided with the expansion and that they were no longer interested in serving a non -standard system and gave the city two options. We could either move our backup generators off of their lines or we could buy out the lines at the treatment plant . So, we -- the design and construction of the electrical system for those two big projects was put on hold until we could come to a decision. And so Public Works took a step back and thoroughly evaluated both options for numerous factors, including cost, reliability, and operability. So, as we mentioned, we evaluated both options and we vetted the financial piece of the options through the city's Finance Department. So, I'd like to review kind of both of those options and what they mean. Option number one moving our backup generators. So, with this option we would have to purchase new backup generators, move them at strategic locations around the facility and install secondary transmission lines for those backup generators. We would also have to install fuel lines to service those generators and in addition we would still be paying that 13,000 dollar a month fee to Idaho Power to basically lease the primary power lines. So, option number two is buying out the system. With that option we keep our centralized generation facility and we pay Idaho Power for the cost of the install of the current power lines at the facility and we get rid of that 13,000 dollar a month facility charge. So, in the -- in the long run option number two financially makes the best sense for the city. It actually saves us close to 1.5 million dollars over that 31 year amortization period. So, we are recommending with proceeding with option number two, the system buy out for several reasons. Financially it makes sense. Owning the city -- or owning the lines, as I said, saves the city a considerable amount of money over the long run. Owning the system also provides us additional reliability, because the city can proactively maintain and service those power lines and, then, owning the system also provides us with future control and flexibility. So, any future expansions at the treatment plant we are in control of the expansion and the location of those power lines. However, since owning a high -- and maintaining high voltage systems would be a new thing for our department, we wanted to vet a couple of things. One of those being high voltage contractors who could help us maintain the lines and also respond in an emergency. You may recognize some of these names. This is not an all-inclusive list, but Track Utilities and Anderson Wood, who have extensive experience servicing high voltage customers and providing emergency response. Meridian City Council May 2, 2017 Page 32 of 50 We also had a third-party engineer inspect and evaluate our system to ensure that we had accurate values and conditions for the equipment we were buying and the good news is is that our system -- our current system is in good shape and should -- with the added lines for the compacity expansion and headworks will serve the facility up to 15 mgd. So, that's a little ways into the future. So, the timing of this budget amendment is really imp ortant, which is why I'm coming here today, rather than waiting for the normal budget cycle. The capacity and headworks projects are currently under construction and those projects are expected to need permanent power in mid 2018 . So, we need to move forward with a decision, preferably system buy out, as soon as possible, so that we can work through the system buy out with Idaho Power and, then, also begin design and construction of the high-voltage system that will serve the back of the treatment plant. So, delaying this could have significant impacts on the construction and start up of the new treatment facility. However, we also realize that this is not a small amount of money that we are coming forward and asking for and this money was not planned or anticipated. So, we took a really close look at our five year CIP and because of delays in the NPDES permit we were able to delay and postpone several projects and we are able to remain solvent over the five year planning period with adding this project in. So, the amendment that you have in front of you tonight includes several items, including the purchase of the primary overhead power lines, the expansion of the system for the capacity project and headworks, purchasing and upgrading critical power equipment to have on site to help shorten future potential power outages . And with that I will stand for any questions that you might have. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. So, if there are no questions, Council, there is a request for a budget amendment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- I don't know how we got away without buying this right to the start , but -- because Idaho Power usually makes people that use that much power own their own lines. Anyway, I would move that we approve the budget amendment for the Idaho Power infrastructure buy out at the wastewater treatment plant, not to exceed 2.5 million dollars and that also is to improve -- include improving a consultant agreement with Northwest Hydraulic Consultants, Incorporated. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-B. Discussion? Meridian City Council May 2, 2017 Page 33 of 50 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I just want to make a comment. Probably not that relevant, but I'm just not thrilled with Idaho Power making us pay an installation fee for existing -- just saying. De Weerd: I don't think anyone is excited about this. But, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor’s Office: Resolution No. 17-2012: Appointing Jonathan Wardle to the Impact Fee Advisory Committee De Weerd: Item 11-C. Council, in front of you you have Resolution 17 -- 17- 2012 appointing Jonathan W ardle to the impact fee advisory committee. He is representing the building industry on this impact fee advisory committee, because Brad -- I can't remember Brad's last name -- had to step off. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 17-2012 appointing Jonathan Wardle to the impact fee advisory committee. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-C. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council May 2, 2017 Page 34 of 50 D. Mayor’s Office: Budget Amendment for Allumbaugh House for a Not-To-Exceed Amount of $3,503 De Weerd: Council, in front of you -- or the request under 11-D is -- I came to you about eighteen months ago and -- to discuss project manager for the crisis center project that would be moving forward after getting legislative appropriations for a project in Boise that we had anticipated would be in partnership with the Allumbaugh House. Ada County is no longer sponsoring the contract for the potential crisis center and another a bidder won that award and so in front of you today is a request to redirect the $3,502.50 that we committed to this project to join others to fill a budget shortfall for fiscal year 2017 . When the budget for 2017 was developed it was anticipated that we would have 45,000 dollars as we had had the previous two years from the Boise Open. They -- they helped fill a gap that we lost some funding from the state on and it was not available for this year. We were not one of those selected projects. So, the monies that were committed to the project management also total around 45,000 dollar budget shortfall. The other partners are willing to commit what they had set aside and so tonight I am asking if this Council would be willing to dedicate that 3,500 -- a little bit more than 3,500 dollars towards the Allumbaugh House budget shortfall for 2017 and I would stand for any questions. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: The budget shortfall -- is it a shortfall from what the city allocated less than we were supposed to or is it the Allumbaugh -- their own internal budget was -- fell short because revenues to them didn't come in? De Weerd: The shortfall was because we did not get the anticipated 45,000 from the Boise Open and so that -- that had balanced the budget for that year. For the first time since we have been partners to Allumbaugh House will be seeking an increase during this budget year, where all the -- the partners will -- will step up and increase their dues. But this is to address this year's budget shortfall. Borton: Madam Mayor? De Weerd: Yes. Borton: One final question. Did the contribution from Ada County change? De Weerd: Not this year. Borton: Okay. De Weerd: And I don't know about moving forward. Meridian City Council May 2, 2017 Page 35 of 50 Borton: Okay. Maybe something going on in the future year. De Weerd: Yes. Borton: Okay. De Weerd: We are exploring the other cities in Ada County and I know that they are all -- I will be talking with the mayors of Kuna and Star and Mayor Bieter will be approaching Eagle and Garden City to see if they will be participants in the Allumbaugh House as well for 2018. Any further questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I would move that we approve the budget amendment for the Allumbaugh House not to exceed 3,503 dollars. Milam: Second. De Weerd: Give me an additional fifty cents? Bird: Robert didn't put that in -- De Weerd: Oh, he rounded up. If there is no further questions or -- or discussion, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Moved from Consent Agenda: Resolution No. 17-2009: A Resolution Adopting the City of Meridian Strategic Plan Focus Areas and Goals De Weerd: From the Consent Agenda we did move Item S, the resolution 17- 2009, regarding the strategic plan and would open this for discussion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council May 2, 2017 Page 36 of 50 Cavener: Thank you. I had requested that we remove this item from the Consent Agenda just in light of -- I think our discussion on this issue over the past few weeks I didn't feel comfortable having it on the Consent Agenda without us at least having any last minute comments or discussions and if I may, Madam Mayor, I would like to speak to the strategic plan kind of as a whole as to where we have been over the past few weeks and specifically I'd like to talk to a couple of comments that were made last week by Councilman Palmer, Council Woman Little Roberts and Councilman Borton. I think Council Member Palmer brought to me what I thought was a really good point and that was that when -- when I ran for City Council I ran on the platform of community involvement and I think that the strategic plan speaks so much to community involvement at all levels and I -- I think I -- the Mayor and I met this morning and we talked on a number of issues and one of the comments that I raised that I have said many times is that if you ask all six of us a question you're going to get seven different answers and I recognize that dealing with a strategic plan that was audacious as the one that was initially presented to us brings with it its own quirks and pieces that we have to work through. The challenge for me is, you know, last week I heard from lots of Council Members that talked about wanting to be involved. I didn't hear a lot of comments about any Council Member saying we wanted to be the boss. I think that this is a Council that respects the line that the Mayor as the CEO of the city is in charge of personnel, but I do struggle with the executive branch dictating to the legislative branch or the City Council what level involvement that we can have specifically in the strategic plan and -- and I felt that in light of last week's discussion there was a little bit of that and I think that I would encourage this Council -- especially Council Members that run on the platform of being involved in our community -- to stay involved in the strategic plan, which brings me to Council Member Borton's point and one of the reasons why I am not supportive of adopting the strategic plan tonight, but I think Council Member Borton brought up a great idea in that this plan has changed a lot over the past few months and documents that have been presented to us have changed and evolved and -- but Council Member Borton brought up, you know, for a future plan to have the Mayor come and present where we are. Again today I don't if -- if the city has progressed any further in the strategic plan than it was when it was first presented to us in January. And if you recall in January there wasn't a lot of success that had been achieved yet. I'd like to know where we are before I support adopting and moving forward and I think Council Member Borton's proposal to have a presentation from the Mayor on this before we adopt it would be ideal. Furthermore, the newest document that's been presented to us, the one that we are asked to adopt this evening, Council Woman Little Roberts brought up a workshop session specifically to talk about the goals and get a better update -- and maybe that happens in line with -- with the presentation that Council Member Borton brought up. But all of those reasons combined is -- it's just a struggle for me to -- to be willing to adopt this plan as it is today. As I mentioned earlier, I think that we are a council that wants to be involved and wants the city to be successful and wants to see the strategic plan being successful, but without knowing where we have been success -- how we have Meridian City Council May 2, 2017 Page 37 of 50 found success in the past 18 months, it's really challenging for me to know that we are going to be successful over the next 15 months. So, I don't know if anyone else has any other comments, but I will not be voting to support the adoption of the strategic plan tonight for the reasons that I have outlined here. De Weerd: Okay. Additional discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I echo the -- the comments of Councilman Cavener and would add -- kind of reiterate a little bit of what I talked about the previous time that we discussed the strategic plan. And the statements -- some of them were too broad. When I, you know, read -- would read one of them I would have to -- I'd look back to the more in-depth version that we have had previously to understand what it is that it is talking a bout, what the -- what the goal really is, what's planned to make that happen and I feel like we are almost being left out of participating -- in making this happen. Again, just the one page looks like a mission statement, just a feel good paper, not put us to work to make -- so we can figure out how to make it happen and provide the tools to the -- to your branch and to the city staff to make these things happen, just feel like, again, we are left out sitting here saying sounds good, let's -- let's do that, whatever that is. And so the document is presented to us again, I can't support that as well and I would hope that we could go back to -- if it takes all night in one meeting to go through line by line a previous version as we had done and have discussion and, then, at some point get tired of discussion on a point and vote on it real quick, move on to the next one, I think that would be a much more effective way of creating the plan, as opposed to the broad one-page version. De Weerd: Okay. Any other discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, the way that I see this it's not a change in the strategic plan, but what we are being asked to adopt is just -- is the focus areas and goals and within that there are objectives and, you know, there are other things that are happening I would say as we speak, but probably not tonight. But I understand that the point of wanting to know more information and maybe , you know, how much time and energy and money is being spent on -- on getting these done, but I also understand that this is just us saying, yes, these are -- we agree as a Council, as a city, that -- that we all are aligned with the focus areas and goals. That doesn't mean that we are out of the entire picture or it doesn't mean that plan has changed, the plan is still there, we are just not digging into every single Meridian City Council May 2, 2017 Page 38 of 50 detail and I don't know that we really need to, but I'm happy to do it, but I just don't know that that's really our -- our place. I think that we each have our -- our departments and our liaisons and when directors or our departments need help they certainly come to us and would let us know that we need your participation in this way, at least I would hope that that would -- that that's going to happen. So, I just don't know that reading it every day or whatever is going to make a difference in how much we are able to participate in the community or getting it done. De Weerd: Council, I guess just to reiterate the discussion we had last week in terms of how often you will hear this. Building into the resolution was to get the semi-annual update in October and in March and that we would in each of the departments' annual strategic updates, which you get once each workshop, as it alternates between the different departments, they will also be updating you to the strategic plan and what those -- those objectives that they are -- that they have the lead in, where they are at with it and -- as well as any challenges or -- or potential obstacles and successes they will share at that time. Two weeks we think after this is adopted we will be able to -- to deploy the tool that has been shared with you and that will be available to dig into the objectives and see where the completion of or status of items completed to that objective will be. We are right now trying to -- to give weight to the various tactics, so as a tactic is completed it will show in work completed on that form and, then, that tactic will roll up into the -- the document that -- that you view underneath the objective. So, that I know was a question that was asked last week in terms of being able to -- to utilize that tool and we are just waiting for the nod to move forward on it. So, I guess that was the update I said I would give you last week and is there any additional questions or comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will just bring up a couple questions for clarification. Are any of the tactics changing from what -- from the -- I guess the version that we saw in January that included the tactics, has tactics changed? De Weerd: You did not see -- the tactics are tasks. Those are action items and so they haven't been in this document. Cavener: I'm aware that in the current document, but I guess my question still stands. Have tactics changed from the last time that we talked about this in January? De Weerd: I know that as each of the -- the departments and leads are working on these objectives, yeah, they -- they are working on their action plans. So, as I stated in the tool itself they are changing and trying to be able to show you the Meridian City Council May 2, 2017 Page 39 of 50 progress on completion -- percent completed, so that you can see that progress. Once those tactics are completed it will be rolled into percentage of objective completed. Cavener: Madam Mayor, follow up, then. De Weerd: Uh-huh. Cavener: Speaking specifically about project completion, again, because this document's changed many times, at one point we saw the progress and now that's been removed. I know in different iterations of the progress it had changed. Some things were unintentionally marked as completed and other tasks that had been marked as completed maybe weren't. Where are we at on the progress today versus where we were in January? Holman: Madam Mayor, would you like me to answer that? De Weerd: Where? I didn't know God was a female, so -- yes, Jaycee. Holman: I can probably answer that a little bit better, just because that has changed since we originally put the software together, started to track -- try to track some of that information it was ridiculously time-intensive. So, one of the changes that -- not to mention it wasn't totally completed and up to date by the time we got the -- the first round of the many iterations of the report that you saw in January. So, what has changed is, rather, we don't t rack hours, we don't track specific costs, whatever, all the way down to the person. The actual tracking is going to take far longer than it would actually take to do some of the stuff . So, what we changed is, for example, you have an objective and you have four tactics, they go through each person who has the lead on that objective, which is the director is generally the lead over each objective, they determine -- if you have four tactics what -- what percentage -- what -- that tactic what percentage is it of the overall objective. So, if they were equally weighted you would have 25, 25, 25, 25. It can be different. And that could change. As you get through two tactics and they are completed you get to a third one and go, wow, I thought this was going to be 20 percent. It's more time intensive. It may be 40. Those things are going to move. It's a living, breathing document. As tactics have morphed we have had -- as directors have dug into some of these things they have added more tactics. I know I had a request from Parks to add a couple of more tactics that they thought a couple more steps that needed to be in there. So, the way it's designed now is when a tactic is completed that's when you will see a percent complete change in the overall objective. So, if you completed one of those four tactics and hit the checkmark box, it's going to say 25 percent complete in the overall objective and it's also going to copy and paste t hat tactic into the notes section at the objective level, so you know where that percentage complete came from. We did Task A, you can see all of that information. Does that help a little bit more? And, yes, there is no way I could print that report now and have it Meridian City Council May 2, 2017 Page 40 of 50 match what we showed you in January, just because the tracking mechanism has changed, the way we do it has changed. Cavener: Very helpful. So, Madam Mayor, a follow up, so -- maybe Jaycee. You had mentioned that we are not tracking how much stuff is -- how much we are spending, so how -- how should Council know -- when this was very first presented to us there was a specific item -- or a line item that talked about -- there was dollars signs on it, how expensive each objective was and I think -- at least I remember the conversation that being very helpful. We were able to weigh when we were looking at each of our objectives how expensive one of those would be and we use that and we basically provided a lot of our support or opposition to a particular objective. So, if we are not able to track how much we are spending, how -- how are we going to know how much has been spent? De Weerd: I think, basically, because the -- the tactics and many of the objectives are part of the role and responsibility in that department and it's not a new effort. So, what we have stated in the past is when this is a new program or it constitutes a new position or it has a consultant cost or if th ere is anything that is new, that will be brought through the budget process and that budget process will, then, be tied to the focus area, to the strategic goal, and most likely mentioned in the strategic update from that department that's leading that objective. Cavener: Madam Mayor, just for clarification on no way to track those dollars, though, over time is contemplated within the software tool or any document that we will see? De Weerd: That -- that software tool didn't anticipate being able to track costs, unless they were new costs that were outside of the scope and routine of that -- of that department. Cavener: Okay. Holman: Madam Mayor? Madam Mayor, Council Member Cavener, originally when we adopted this I'm sure you remember we had some really like broad guesses as to what we thought an overall objective might cost . Yeah. That was very broad and I think even at the time, if you read back through the minutes when it was first adopted, I think it was Council Member Bird who said, yeah, this is really ambitious and, you know, these numbers are pretty broad guesses at that point and, of course, as we adjust tactics and we -- some of it we absorb, some if it will be new money that we will, then, come to Council and ask for, but Madam Mayor is correct in that some of this operational stuff that we are doing leading up to when we come to Council if we have a budget enhancement that supports items in the strategic plan. I hope that helps. Palmer: Madam Mayor? Meridian City Council May 2, 2017 Page 41 of 50 De Weerd: Mr. Palmer. Palmer: Maybe you can help me with a glossary of terms. So, one is an objective; right? The top -- the highest level that's an objective? De Weerd: The focus area. Palmer: The focus area? De Weerd: Uh-huh. Palmer: So, then, is 1-A an objective? De Weerd: A strategic goal. Palmer: Okay. So, what's 1-A-1? Tactic? Objective? That's -- De Weerd: 1-A-1 is the objective. Palmer: Okay. So, then, 1-A-1-A would be a tactic? If there is an A? De Weerd: Yes. Palmer: The next level would be a tactic? De Weerd: Yes. Palmer: Okay. De Weerd: Would be the operational action plan for that year. Palmer: And so in the new tool -- we need a name for it. The Jaycee -- the Jaycee tool. The tactic would only become visible to Council after it's complete? De Weerd: That's right. That is correct. So, you will see why there is a percentage complete done when that tactic is -- is completed. Palmer: If I may follow up. I heard -- I believe it was last week -- and that it seemed like there was clarification that, no, we wouldn't be able to see everything and I thought I heard you say it again tonight. So, if that is the case, we won't have everything, we will only have after the tactics are complete as a percentage towards completing the objective. Okay. Cavener: Madam Mayor? I guess -- Meridian City Council May 2, 2017 Page 42 of 50 De Weerd: Mr. Cavener. Cavener: -- I'm going to repeat the question that I asked last week, because I think it's important that we all hear that. Will Council be able to see e very part about the strategic plan or are there going to be elements that will be blocked from us? De Weerd: You will not see the tactics, because they are -- reside in the -- the lead and how they are going to roll out the execution of the objectives that support your strategic goals and your focus areas. Cavener: Madam Mayor, I hate to be pointed with my question -- if I may follow up? But what community benefit exists for not allowing Council to see those elements? I guess I'm struggling to wrap my head around what benefit we have by not allowing Council to have the ability to see ? De Weerd: I think you have much ability to ask questions to the goal and to meet with your department directors that you are liaison to. They will go over it. But that is a living, breathing document that is operational, that changes. What you see -- I -- they don't want -- because of the fluidity of it -- and I don't know how many boards of directors actually look into the minute-to-minute, blow-by-blow actions of what is being done in the front line, but what we hope to get and still give you access to, but we don't want you to approve things that are going to change and so, no, we -- the premise of the strategic plan with our policymakers is to seek your guidance -- is if the vision, the mission, the execution and the -- the focus areas and the strategic goals are still -- if we are all in a line -- in alignment on what -- what is the vision moving the city towards is and, then, it gets to the professionals that you hire to execute the plan and that execution is a moving and breathing document. Palmer: Madam Mayor? De Weerd: Mr. Palmer. And just one final comment. What's in front of you today is to adopt the vision and moving forward, not the objectives and -- not the operational plan of doing it. So, these are almost two different conversations. Mr. Palmer. Palmer: Madam Mayor, I love trials. I love trying things out and seeing how they work out. Today we had at the top of the agenda an opportunity for anyone in the city to come and say whatever they want ed for three minutes. Nobody took that opportunity, where that was a big worry that we had that it might become a problem. First week word probably hasn't gone out, wasn't a problem. This has the potential, as you have outlined, of causing issues in your management of -- of the city and the policies that we have set forth as Council. Until we have tried it, though, it may help us as a Council to understand the operation, how things work, how everybody works, so that when we get to the budget setting process Meridian City Council May 2, 2017 Page 43 of 50 we are a lot more knowledgeable of the process, instead of just setting numbers, you know, based on how we may have -- from a high elevation or a high altitude seeing how things went. And so I understand -- while it may potentially cause problems, may we as a Council have access to it on a trial basis to check it out and see how it goes, ask questions if we see something where we might be curious on how a process happens, but not necessarily giving instruction how to move forward after that? Question mark. De Weerd: You can always ask questions and I'm always willing to meet with you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, then, maybe a question for Mr. Nary. Mr. Nary, would the -- the tactics be -- that would be loaded into the system be subject to public records requests? Nary: Madam Mayor, Members of the Council, yes. De Weerd: Additional discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One of the -- the many wise pieces of direction I got way back -- De Weerd: You want to pull your mike up? Borton: Way way back -- when I first served -- and we have heard it every now and then, but it came from Councilman Bird, who provides a lot of wise direction and it wasn't regarding the strategic plan, but the idea was when the city takes action that we support it and we drive forward together as one and Councilman Bird has been a pretty good example of that at times when he might vote against something, again, unrelated to the plan, but -- but support the city's decision as a whole as a one body. So, I look at the strategic plan, again, that we adopted in 2015 and reaffirmed in January of 2016, and at that time -- both times, quite frankly, it included a lot of important information that isn't really being reflected here, but it did reflect what's before us today. The levels -- the five focus areas -- again, there is not disagreement amongst -- from what I have heard amongst any of us that those five focus areas are critical and there is not disagreement necessarily that those goals listed on the sheet that's before us are no longer relevant and we adopted this plan with everything that's before us within the plan. And this is a plan that was created at great length, with laborious efforts from Meridian City Council May 2, 2017 Page 44 of 50 staff, now led by Ms. Holman, who has done a fantastic job herding cats and trying to get this to a stage where we can track its execution , see progress and identify things that aren't getting completed. I think the objectives are an important part of that and we adopted the objectives as well in 2015 and 2016. I think the objectives -- and when you go back to the original packet that we adopted, pages one through 15 is just -- it's excellent work and it's all the way through the focus areas, the goals and the objectives. The subsequent pages speak to the tactics and here is where I see the disconnect. The disconnect comes with -- at the objective level, although we have all -- we have adopted them all, we had a meeting where Councilman Cavener raised some concerns on some of the objectives and that's the conversation at least the Council didn't have and we are kind of dancing around, all right? We adopted all the objectives and the existing strategic plan has all of the objectives in it and whether we all agree with all of them -- and I'm sure we don't. I don't. De Weerd: I don't. Borton: As one city we do and those are the objectives of the single city and staff is charged with implementing and driving forward on that plan and creating tactics to execute and accomplish those objectives and Councilman Cavener brought up some concerns with some of those objectives and that's the conversation we haven't had and it can be as simple as addressing an individual objective, you've raised concerns on some and I have raised some concerns and other Council Members have, on an objective here or there, let's discuss it, let's review it, if there is a consensus to remove it, let's remove it, and it will come out and we will all support the plan in its absence and if the consensus is that particular objective should remain and that's the majority decision, then, we all six and seven of us will support the city in its efforts to accomplish that objective. That's the conversation that might be missing. So, I'm supportive of the plan itself that already exists, of the objectives that are already included in the existing adopted plan. If now we are at some point in the immediate future, like Councilwoman Little Roberts has suggested, we have a -- a workshop discussion to say Objective 1-A-1 should stay, should it not? It is irrelevant? Is it complete? Up or down. Are we good? How about Item 1 -A-2? Up or down. I think that will do two things. It will bring to the surface any of those objectives that there is legitimate concern should be removed and if that's a consensus , get it out, and Ms. Holman would love to know that so she doesn't have to worry about managing tactics to accomplish it. And, then, if the converse is true, if there is consensus that that objective should remain, then, by God, let's keep it in and we as a single body will promote its accomplishment and we can move forward. And, then, every six months that's what I envision what you were talking about, Madam Mayor, is every six months you will come forward and say with in our collection of objectives that we as one single body have all supported or are supporting going forward, here is what's been accomplished. Here is what tactics we have completed and utilized to accomplish those . And how are you doing on the tactics, that's the operational level. We are not defining and telling Meridian City Council May 2, 2017 Page 45 of 50 and directing how a particular objective gets completed, that's the department executing and the executive branch leading that charge. That's what I thought the reports would come back at, but -- so, again, I started with Councilman Bird's wise guidance, because I think that's going to be critical and the strategic plans original 15 pages speak to its development and we can't lose sight of the manner and process in which a strategic plan gets developed and kind of the ugly kind of guts of it is important. It's a living document and that struggle and vetting and discussion will happen in perpetuity as this plan evolves and the objectives evolve and that's awesome. But we can't skip a step. And I -- I apologize, I didn’t bring it up either. You know, when we looked at this -- when you first brought this up, Councilman Cavener, that -- I state now looking back maybe where we should have steered it. I think that's maybe one of the conversations -- and I don't mean to speak for you -- that -- that you -- I take it you wanted to have and say, hey, I -- I think objective X is problematic. Let's talk about it. And in the end if there is consensus that that objective should come out, then, it gets removed and my sense is if there is consensus that it should stay in for whatever particular reason, then, it stays in and we move forward as one body. So, I think the plan itself that you have presented -- I don't think, Madam Mayor, that you're asking to exclude objectives by any stretch. I think the objectives are still in. I think we should still see them. De W eerd: We will. Borton: And I, quite frankly, think we should see the tactics. The concern would be do we control and define and approve tactics? I don't think so. I don't. I don't have any problem -- and, quite frankly, if it's a public record, seeing them, being aware of them, being informed. Nothing wrong with that. But the objectives are important for us to adopt. So, we have adopted them, they exist today. If we don't act today we have a strategic plan with 20 some -odd objectives included. If now or at some future point there is going to be a request to review them and exclude some of them, let's have that conversation and, then, once we decide it, Madam Mayor -- sorry to interrupt -- back to Councilman Bird's direction, I get excited for us to row in the same boat, in the same direction, with the plan unified and give Ms. Holman and everyone else that direction with the Council and Mayor behind it. It's import. My thoughts on it. De Weerd: Okay. Any other comments? So -- Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Amen. I think moving forward, as opposed to just adopting this and some future date we have that conversation, I think we hold onto this, have that conversation or we have that meeting where who knows how long it's going to go and we go through each of the objectives, see most of them -- everyone is good, Meridian City Council May 2, 2017 Page 46 of 50 yeah, that's great, move onto the next one. Discuss the ones that we might have issues with. The discussion goes on too long, take a vote, move onto the next one. And that be the day that we adopt any amendments to the existing strategic plan. At least it -- De Weerd: Well, Council, I would ask on the focus areas and the strategic goals, I really think that the strategic -- or our senior management team need to know that you're all on the same page on that, because there -- there will be -- when we report back I'm -- I'm not going to ask them to -- to spend time on things that you don't all agree on in that regard. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Then to that, for example, 4-C, because I don't know what's under that, those words worry me. De Weerd: 4-C? You have the objectives. So, you do know what's under it. Palmer: But without deciding on the objectives -- for example, I want the whole thing gone in 4-C. But I'd love to hear the discussion on the objectives to -- to know additional information as to -- maybe I'm misunderstanding the objective. Maybe things are meant as I'm interpreting with my mind. So, I think the discussion is important, as opposed to just adopting that and, then, later we may get rid of all the objectives and, then, that -- maybe they are gone all together anyway. De Weerd: Mr. Bird, I guess we can talk on Friday as we look at future agendas to see when we can schedule this -- this conversation. Bird: Sure. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, based on the discussions we have had about i t we may want to schedule a special meeting and a full day, so maybe get April sending out a doodle pole to find out when we are all available for an entire day. De Weerd: We will -- we will discuss it on Friday and, then, see what we come back with as a recommendation. Cavener: Madam Mayor? Meridian City Council May 2, 2017 Page 47 of 50 De Weerd: Mr. Cavener. Cavener: Question maybe, then, for legal. We have got an item in front of us that's adoption. So -- I mean do we have to take some action on that as far as continuing it -- De Weerd: No. Bird: No. Cavener: -- or holding until a date certain? Nary: Madam Mayor, Members of the Council, Councilman Cavener, you can remove it and put it back in a different time. It's just a resolution. Cavener: Okay. De Weerd: We don't have to take action. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no discussion and stuff, I move that we remove the resolution 17 - 2010 to a further Council meeting. Cavener: Second. Coles: Madam Mayor? De Weerd: Do we need to have a motion to remove this? Bird: Yes. Nary: Madam Mayor, Members of the Council, it would be c leaner for the record. De Weerd: For the record we probably need a date certain. Nary: You don't have to have a date certain . You can remove it -- just like any other resolution of the Council, you could remove it and bring it back when it's appropriate. There is no -- there is no legal requirement to put this to a date certain. De Weerd: Okay. Mr. Clerk. Meridian City Council May 2, 2017 Page 48 of 50 Coles: Just to clarify, the resolution under discussion is 17-2009. Mr. Bird stated 17-2010. Bird: Oh, I did get the wrong number. De Weerd: Yes. Bird: I'm doing Ada County Highway. Yeah. I'm sorry. De Weerd: Yeah. 2009. Bird: Make that note. De Weerd: He already has. Bird: Okay. De Weerd: Okay. The motion and a second was to remove this item. All those in favor say aye. Borton: Madam Mayor, real quick discussion on that. De Weerd: Yes. Borton: The recommendation, if it's not part of the motion, to have this come back for discussion within the next 30 days. My comments and thoughts were that it's not discussion from scratch to develop objectives for a strategic plan, it -- it might be pretty quick, because we have gone through this at length, we have got our own ideas and views and beliefs where it might be -- of our existing 15 page strategic plan that we have already adopted and it exists for the city, objective 1-A-1, it says this, are we good? Discussion. Concerns. Stays. 1A-2. And so forth. That's what I envision to be a discussion, if at all possible. If we get into anything else and try and rewrite the plan I -- it's not what I thought was going to be productive. De Weerd: We will put it on a future agenda. Okay. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 12: Executive Session per Idaho Code Sections 74-206(1)(f), to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation De Weerd: Item 12 is an Executive Session. Meridian City Council May 2, 2017 Page 49 of 50 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(f). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:59 p.m. to 8:44 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Future Meeting Topics De Weerd: Remember there is Mayor's Prayer Breakfast tomorrow morning and would entertain a motion to adjourn. Bird: So moved. Borton: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:45 P.M. Meridian City Council May 2, 2017 Page 50 of 50 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MA -T-ADE WEERD DATE APPROVED ATTEST; C. JAY CODES, CITY CLERK r. . ,1 X ®I CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: May 2, 2017 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name I Provide Description of Discussion Topic Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 25, 2017 City Council Special Meeting MEETING NOTES u7APPROVED 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 Special Meeting April 25, 2017 Page 2 of 2 Bird: Move to come out of executive session. Cavener: Second. DeWeerd: Motion and a second to come out of executive session. All in favor? MOTION CARRIED: ALL AYES. Bird: Move to adjourn. Cavener: Second. DeWeerd: Motion and a second to adjourn. All in favor? MOTION CARRIED., ALL AYES. MEETING ADJOURNED AT 5:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 41 t;, / ') - / ol) 7 MAYOR T De WEERD DATE APPROVED ATTEST: 2�''O• Vh City of c, C.JAY OOLES, qFY CLERK E MIAN*- OAON SEAL �;, Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 25, 2017 City Council Regular 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 April 25, 2017 Page 20 of 20 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) —<Z,00700, 5 2- i X17 MAYOR TC4Y DE WEERD DATE APPROVED ATTEST: Go�PoRATEoq�cG C. JAY( COLEWCITY CLERK IP rk-o . a rnz S 10414o EAL / Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7C PROJECT NUMBER: H-2017-0011 ITEM TITLE: Meridian Meadows Senior Community Findings of Fact, Conclusions of Law for Approval for Meridian Meadows Senior Community (H-2017-001 1) by Giza Development/Michael Wright Located 2662 E. Magic View Drive 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 FILE NO(S). H-2017-0011 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 5.28 Acres of Land from the RUT to the L-O Zoning District; and Conditional Use Permit for a Nursing/Residential Care Facility in an L-O Zoning District by GIZA Development/Michael Wright. Case No(s). H-2017-0011 For the City Council Hearing Date of: April 18, 2017 (Findings on May 2, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 18, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 18, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 18, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 18, 2017, 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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0011 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 18, 2017, 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 & zoning and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 18, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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 six (6) month approval period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0011 - 3 - 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 April 18, 2017 By action of the City Council at its regular meeting held on the day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED r� COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED & COUNCIL MEMBER GENESIS MILAM VOTED /&i MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C_ ' �� C�� C Dated: f / City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0011 -4- MAYOR 4 - EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 1 STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Meridian Meadows Senior Community – AZ, CUP (H-2017-0011) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, GIZA Development/Michael Wright, has submitted an application for annexation and zoning (AZ) of 5.28 acres of land from the RUT zoning district in Ada County to the L-O zoning district in the City. A conditional use permit (CUP) for a nursing/residential care facility in an L-O zoning district is also requested. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Staff recommends this project is continued to a subsequent meeting in order to allow time for the Applicant to revise the site/landscape plan to include the extension of Hickory Way along the west property boundary. The Meridian Planning & Zoning Commission heard these items on March 16, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Michael Wright, Applicant; Kent Brown, Applicant’s Representative; Kevin Amar, Property Owner; Celeste Fox; Gene Fox; John Mundt ii. In opposition: David Ballard, Ron Vance iii. Commenting: Rich Howell, Laurie Somazzi, Mary Rockrohr iv. Written testimony: Kent Brown, Applicant’s Representative (response to the staff report) v. Staff presenting application: Sonya Allen, Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Most of the testimony was in favor of the project but not the extension of Hickory Way south to Magic View Drive; ii. Neighbors would like fencing and a berm along the north property boundary for a sight and sound barrier; iii. Concern regarding “cut-through” traffic through Greenhill Estates Subdivision if Hickory Way is extended; iv. Improvements needed to Magic View Drive to meet current and future traffic demands; v. Request for ACHD to study this area to determine alternatives for traffic dispersion. c. Key Issues of Discussion by Commission: i. Staff’s recommendation that Hickory Way be extended to the south to Magic View Drive; general traffic concerns in this area. EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 2 d. Commission Change(s) to Staff Recommendation: i. The Commission did not recommend approval of the extension of Hickory Way (modified conditions #1.1.1d and #1.1.3b). e. Outstanding Issue(s) for City Council: i. If Hickory Way should be extended south to Magic View Drive along the west boundary of this site. The Meridian City Council heard these items on April 18, 2017. At the public hearing, the Council approved the subject AZ and CUP requests. a. Summary of City Council Public Hearing: i. In favor: Michael Wright, Giza Development; Kent Brown, Applicant’s Representative; Kevin Amar, Property Owner. ii. In opposition: David Ballard (for the development but against extension of Hickory) iii. Commenting: Ian Sodine; John Overton; Kelli Ketlinski; Christopher Kirk; Mary Rockrohr; Robert Parker; Kelly Barber; and Michelle Mecham. iv. Written testimony: Greenhill Estates residents (petition); Woodbridge Homeowner’s Association (petition); Kent Brown, Applicant’s Representative v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The extension of Hickory Way – most, if not all, persons who testified were in favor of the development but not in favor of the extension of Hickory Way. c. Key Issues of Discussion by Council: i. The extension of Hickory Way vs. emergency and pedestrian access only at the northwest corner of the site. d. Key Council Changes to Commission Recommendation i. Council approved the request for a waiver to UDC 11-3A-3 for an access via a collector street (Magic View Drive), for a total of two accesses via Magic View Drive. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0011 as recommended by the Commission and presented during the hearing on April 18, 2017, (without extension of Hickory Way) with the following modifications: (Add any proposed modifications); or, After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0011 as presented during the hearing on April 18, 2017 (with the extension of Hickory Way), with the following modifications: (Add any proposed modifications) Continuance I move to continue File Number H-2017-0011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0011, as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial) EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 3 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2662 E. Magic View Drive, in the northeast ¼ of Section 17, Township 3 North, Range 1 East. (Parcel #: R5443010050) B. Owner(s): RAMA Group, LLC 1548 Cayuse Creek, Ste. 100 Meridian, ID 83646 C. Applicant: GIZA Development/Michael Wright 3681 N. Locust Grove Road, Ste. 100 Meridian, ID 83646 D. Representative: Kent Brown, Kent Brown Planning 3161 E. Springwood Drive Meridian, Idaho 83642 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 a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 24, 2017 (Commission); March 31, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: February 14, 2017 (Commission); March 23, 2017 (City Council) D. Applicant posted notice on site(s) on: March 6, 2017 (Commission); March 31, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential homes in Greenhill Estates, zoned R1 in Ada County 2. East: Rural residential property with a home, zoned RUT in Ada County 3. South: E. Magic View Drive and two rural residential properties, zoned RUT in Ada County 4. West: Single-family attached homes in the development process (Waverly Place), zoned R-8 C. History of Previous Actions: This property is included in the Amended Magic View Subdivision plat as Lot 5. In 2016, a comprehensive plan map amendment from Office to MHDR; annexation and zoning to the R-15 zoning district; preliminary plat for 19 building lots; and a conditional use EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 4 permit for a multi-family development consisting of 76 units was requested and denied by City Council (H-2016-0006, Pope’s Garden). D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Magic View Drive. b. Location of water: Water mains intended to provide service to the subject site currently exist in Magic View Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated Office on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Office designated areas provide opportunities for low-impact business areas, including offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). The proposed nursing/residential care facility will contain 50 units of skilled nursing and 60 units of assisted living and memory care. Although the use is residential in nature, staff considers it a low impact business which is desired in Office designated areas such as this. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Although staff is unaware how “affordable” the living units in the proposed facility will be, the proposed development will contribute to the variety of housing options available in this area. “Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community.” (2.02.01) The proposed care facility will provide long term care to those in need in the community. “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to St. Luke’s medical center and hospital, nearby shopping centers (The Village and Crossroads at Eagle/Fairview), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for a nursing/residential care facility. “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 5 The proposed development is located in close proximity to major access thoroughfares (i.e. I- 84 and SH-55/Eagle Road) within the City. It’s also within a couple miles of Kleiner Park, a regional 60-acre City park northeast of this site. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff believes the proposed nursing/residential care facility will be compatible with existing residential properties/uses in the area. The 20-foot wide landscape buffer to adjacent residential uses will also provide a dense buffer between the proposed use and existing residences. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4. “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) Staff recommends Hickory Way – the stub street at the north boundary of this site – is extended as a local street along the west boundary of this site for interconnectivity between developments and better traffic flow. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.02O) A stub street (Hickory Way) exists to this property from the north in Greenhill Estates Subdivision. Staff recommends it is extended to the south to E. Magic View Drive with this development. Without this connection, there are no other opportunities for north/south connectivity to Franklin Road and all of the traffic funnels east/west to/from Locust Grove and Eagle Roads. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pedestrian walkway is proposed along the west boundary of the site to the property to the north for interconnectivity. “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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed L-O zoning district. Any use not explicitly listed is prohibited. A nursing/residential care facility is listed as a conditional use in the L-O district; compliance with the specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facility, is required. C. Dimensional Standards: Development of the site should be consistent with the dimensional EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 6 standards listed in UDC Table 11-2B-3 for the L-O district. D. Landscaping: Landscaping is required to be provided on the site in accord with the standards listed in UDC 11-3B. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for nursing/residential care facilities. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 5.28 acres of land with an L-O zoning district consistent with the FLUM designation of Office for this property. The applicant proposes to develop the site with a nursing/residential care facility with approval of the accompanying conditional use permit. The proposed L-O zoning provides a transition and buffer in zoning and uses from adjacent residential uses to the west, north and east and future commercial uses to the south and east. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. 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 purs uant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. B. Conditional Use Permit (CUP): A CUP is requested for a nursing/residential care facility in the proposed L-O zoning district as required by UDC Table 11-2B-2. The applicant has submitted a site plan, included in Exhibit A.2, depicting two structures on the site; one 37,800 square foot structure containing 50 skilled nursing/residential units and one 43,400 square foot structure containing 30 assisted living and 30 memory care units. Specific Use Standards: The specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities, apply to development of this site as follows: (Staff’s comments in italics) General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with title 10 of this code. 2. The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: The applicant states this facility will not care for anyone under the age of 18 years. EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 7 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') non- scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The site plan depicts two courtyards interior to the structure which complies with the intent of this requirement. Access: Two driveway accesses are proposed to the site via E. Magic View Drive, classified partially as a local and partially as a collector street. The UDC (11-3A-3) requires access to be provided from a local street when one exists and restricts access to collector streets unless otherwise waived by Council. A waiver from City Council as set forth in UDC 11-3A-3 is needed for the easternmost access via E. Magic View Drive, a collector street. Right-of-way for a stub street (Hickory Way) exists at the northwest corner of the site from Greenhill Estates Subdivision; however, the right-of-way has never been opened nor the stub constructed. Extension of the stub street is not proposed but a gated emergency access is proposed. The Comprehensive Plan supports stub streets being extended for vehicular connections between developments and better traffic flow. In this case, traffic currently flows east to Eagle Road and west through Woodbridge Subdivision to Locust Grove Road. Extension of Hickory Way south to Magic View Drive will provide a means of access in this area via Franklin Road to the north of Magic View, which will improve traffic flow in this area and better disperse traffic. Therefore, staff recommends that Hickory Way is extended along the west boundary of this site with development of this property; an access may be provided from the local street (Hickory) rather than from Magic View (the portion designated as a collector). Staff further recommends that the Commission continue this project in order to allow the applicant time to revise the site/landscape plan to include the extension of Hickory Way. Note: When ACHD reviewed the previous development plan for this site (Pope’s Garden), the off- site portion of unopened right-of-way (Hickory Way) at the northwest corner of the site was required to be improved as a pedestrian, bicycle and emergency access only; the right-of-way for the future extension of Hickory Way from the north property line to Magic View Drive was not to be dedicated as right-of-way to ACHD but as an easement to the City. Their position on this matter has not changed. Where access to a local street is not available, the property owner is required to grant a cross- access/ingress-egress easement to adjoining properties. Because access isn’t available via a local street for the adjacent property to the east, staff recommends a cross -access/ingress- egress easement is provided to the property to the east (Parcel #R5443010040). EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 8 Parking: Off-street parking is required (0.5 space per bed) for the proposed use in accord with the standards listed in UDC Table 11-3C-6 for age-restricted elderly housing. Based on the total number of units, a minimum of 55 parking spaces are required. The site plan depicts 55 parking spaces in accord with the minimum requirements. Note: If Hickory Way is extended as recommended by staff, this will impact the parking for the site. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 55 vehicle spaces provided, a minimum of 3 bicycle spaces are required; none are proposed. The site plan submitted with the Certificate of Zoning Compliance application should depict bicycle racks in accord with this requirement. Landscaping: Landscaping is required to be provided on the site as set forth in UDC 11-3B. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B-8C; additional trees are required in the planter islands at the ends of rows of parking along with vegetative groundcover at 70% coverage at maturity. Or, alternative compliance may be requested as set forth in UDC 11-5B-5. A 20-foot wide buffer to adjoining land uses is required to be provided on L-O zoned property adjacent to residential uses per UDC Table 11-2B-3 as proposed. Additional trees (evergreen and/or deciduous) should be added within the buffers to residential uses to achieve a barrier that allows trees to touch at maturity. A 20-foot wide street buffer is required along the eastern portion of E. Magic View Drive that is designated as a collector street; and a 10-foot wide buffer is required along the western portion of E. Magic View Drive that is designated as a local street. A 20-foot wide buffer is proposed along the entire length of Magic View in accord with this requirement. If Hickory Road is required to be extended as recommended by Staff, a 10-foot wide street buffer is required along both sides of the street as set forth in UDC Table 11-2B-3. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to schedule an inspection. A mitigation plan should be identified on the landscape plan submitted with the CZC application. Sidewalks: Sidewalks are required to be constructed on the site as set forth in UDC 11-3A-17. The site/landscape plan depicts a 5-foot wide attached sidewalk along E. Magic View Drive. A minimum 5-foot wide detached sidewalk is required to be constructed along the east segment of E. Magic View Drive that is designated as a collector street; and a minimum 5 -foot wide attached sidewalk is required along the portion of E. Magic View Drive that is designated as a local street. A minimum 5-foot wide attached sidewalk is also required along both sides of Hickory Way, a local street, if required to be extended as recommended by Staff. The plans should be revised accordingly to comply with UDC standards. Building Elevations: Two conceptual perspective drawings of the entrances of the future structures were submitted with this application as shown in Exhibit A.4. Building materials are proposed to consist of horizontal and vertical board and batten style hardie board siding of multiple colors, stone veneer columns and accent walls at the entrance with asphalt shingles. The architectural character of the structures is required to comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site EXHIBIT A Meridian Meadows Senior Community – AZ, CUP H-2017-0011 PAGE 9 improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. In summary, Staff recommends approval of the proposed AZ and CUP applications with the conditions included in Exhibit B and the requirement of a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 2/3/17) 3. Proposed Landscape Plan (dated: 2 /3/17) 4. Conceptual Building Elevations & Floor Plans B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map EXHIBIT A - 2 - Exhibit A.2: Proposed Site Plan (dated: 2/3/17) EXHIBIT A - 3 - Exhibit A.3: Proposed Landscape Plan (dated: 2/3/17) EXHIBIT A - 4 - Exhibit A.4: Conceptual Building Elevations & Floor Plans (dated: 1/11/17) EXHIBIT A - 5 - EXHIBIT A - 6 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 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 Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to issuance of the first building permit on this site. b. Future development of this site shall substantially comply with the conceptual site plan, landscape plan and building elevations included in Exhibit A and the conditions contained herein. c. The use of this site is restricted to a nursing or residential care facility as proposed with this application. Any change to the use shall require a modification to the development agreement. d. The developer shall extend S. Hickory Way along the west boundary of this site as a local street connecting from E. Autumn Way to E. Magic View Drive in accord with the Comprehensive Plan for interconnectivity between developments and better traffic flow. This includes opening the unopened portion of S. Hickory Way right-of-way that currently exists at the northwest corner of the site in Greenhill Estates Subdivision from E. Autumn Way. e. A cross-access/ingress-egress easement shall be provided to the property to the east (Parcel #R5443010040, 2750 E. Magic View Dr.) with development of this site. 1.1.2 The developer shall comply with the specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities. 1.1.3 The site/landscape plan included in Exhibit A.4, dated 2/3/17, shall be revised as follows: a. At a minimum, depict a 5-foot wide detached sidewalk along the portion of E. Magic View Drive that is classified as a collector street east of S. Wells Street. b. Depict the extension of S. Hickory Way as a local street along the west boundary of the site to E. Magic View Drive from the north from E. Autumn Way; this includes opening the unopened portion of right-of-way that currently exists at the northwest corner of the site in Greenhill Estates Subdivision from E. Autumn Way. Also depict a 5-foot wide attached sidewalk and 10- foot wide street buffer along both sides of the street in accord with UDC 11-3A-17A and Table 11-2B-3 respectively. c. The pedestrian walkway depicted between the buildings should be widened to a minimum of 4 feet unless a greater width is required to comply with Americans with Disabilities Act standards. d. A minimum of three (3) bicycle parking spaces are required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. e. Trees are required to be provided in the planter islands at the ends of rows of parking along with vegetative groundcover at a 70% coverage at maturity in accord with the standards listed in UDC 11-3B-8C; or, alternative compliance may be requested as set forth in UDC 11-5B-5. EXHIBIT A - 7 - f. Depict any existing trees on the site/landscape plan. Compliance with the mitigation standards listed in UDC 11-3B-10C.5 is required for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. g. Because access isn’t available via a local street for the adjacent property to the east, staff recommends a cross-access/ingress-egress easement is provided to the property to the east (Parcel #R5443010040). h. Unless a waiver is approved by City Council for the easternmost access via E. Magic Valley Drive in accord with UDC 11-3A-3, remove the access. A waiver for access via the collector street was approved by City Council. i. Additional trees (evergreen and/or deciduous) shall be added within the buffers to residential uses to achieve a barrier that allows trees to touch at maturity. 1.1.4 Design of future structures is required to comply with the standards in the Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. EXHIBIT A - 8 - 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 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. 1.4 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 conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible for the installation of a 12-inch water main in the S. Hickory Way extension required by Site Specific Condition 1.1.1(d), from E. Magic View Drive to the E. Autumn Way. In lieu of a blow-off at the end of the main in E. Autumn Way, applicant shall install a fire hydrant. 2.1.2 A street light plan will need to be included in the final plat application. 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 at http://www.meridiancity.org/public_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 easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (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 easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed EXHIBIT A - 9 - easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 11-1-4B. EXHIBIT A - 10 - 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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 public 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 comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: EXHIBIT A - 11 - a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.11 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.12 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.13 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.14 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 No comments have been received from Republic Services. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. EXHIBIT A - 12 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 25-feet of right-of-way from centerline of Magic View Drive abutting the site. 7.1.2 Construct Magic View Drive as one-half of a 36-foot wide street section with vertical curb, gutter, minimum 12-feet of pavement on the other side, and either 7-foot wide attached sidewalk or 5-foot wide detached sidewalk abutting the site. 7.1.3 Provide a permanent right-of-way easement for any public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.4 Construct a 30-foot wide driveway onto Magic View Drive, located 158-feet west of an existing residential driveway and approximately 200-feet east of Wells Street/Magic View Drive intersection from the site. 7.1.5 Construct a 30-foot wide driveway onto Magic View Drive located 402-feet east from Fiddle Avenue/Magic View intersection and 160-feet west of Wells Street/Magic View Drive intersection from the site. 7.1.6 Construct the 2 driveways as a curb return type driveway and pave the driveways their full width, and at least 30-feet into the site beyond the edge of pavement with minimum 15-foot radii. 7.1.7 Close the existing residential driveway with curb, gutter, and either 7-foot wide attached or 5-foot wide detached concrete sidewalk. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of- way (including all easements). 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 Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or 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-of-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 EXHIBIT A - 13 - Operations 387-6190 in the event any ACHD 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 ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with 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. EXHIBIT A - 14 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A - 15 - EXHIBIT A - 16 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING 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 City Council finds that the proposed map amendment to L-O is consistent with the Office FLUM designation for this site and should be compatible with existing residential and future residential, office & commercial uses in the area. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the L-O zoning district is consistent with the purpose statement of the commercial 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 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 the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the L-O zoning district and the specific use standards for nursing or residential care facilities. EXHIBIT A - 17 - b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed nursing/residential care facility use in the L-O zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the nursing/residential care facility use will be compatible with existing residential and future office/commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character thereof. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welf are of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7D PROJECT NUMBER: H-2017-0030 ITEM TITLE: Paramount No. 33 Final Order for Paramount No. 33 (H-2017-0030) by Brighton Land Holdings Located Approximately 740 Feet South of W. Chinden Boulevard on the West Side of N. Meridian Road MEETING NOTES ¢i 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 33 – FP (H-25017-0030) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FIVE (5) BUILDING LOTS AND THREE (3) COMMON/OTHER LOTS ON 1.85 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR PARAMOUNT SUBDIVISION NO. 33. BY: BRIGHTON LAND HOLDINGS APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0030 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING PARAMOUNT SUBDIVISION NO. 33, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 3/8/2017, by JAMES R. WASHBURN, PLS, SHEET 1 OF 3,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 33 – FP (H-25017-0030) Page 2 of 3 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 April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Mike Wardle, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 the2�day of //114 V )2017. \�Go,,PpRATEDgGCGit� a jDlgN W �o Attest: C.JayWolc City Clerk Y: Tammy de ee Mayor, City Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �'Jl &- Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 33 — FP (H-25017-0030) Page 3 of 3 EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 1 STAFF REPORT HEARING DATE: April 18, 2017 February 25, 2014 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paramount Subdivision No. 33 - FP (H-2017-0030) I. APPLICATION SUMMARY The applicant, Brighton Land Holdings, has applied for final plat approval of 5 single-family residential building lots and 3 common/other lots on 1.85 acres of land for Paramount Subdivision No. 33. The zoning district for the proposed subdivision is R-8 (Medium-Density Residential). II. STAFF RECOMMENDATION Staff recommends approval of the Paramount Subdivision No. 33 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0030 as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0030, as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located on the west side of N. Meridian Road, approximately ¼ mile south of W. Chinden Blvd. (SH 20/26), in the NE ¼ of Section 25, T. 4N., R. 1W. Parcel No.’s S0425110455 and S0425110600 B. Applicant: Brighton Land Holdings 12601 W. Explorer Dr., #200 Boise, Idaho 83713 C. Owner: Same as applicant EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer, #200 Boise, Idaho 83713 V. HISTORY In 2013, this property was annexed and zoned (AZ-13-005) and a preliminary plat (PP-13-008) was approved for Paramount Northeast subdivision. This subdivision was allowed to integrate into the overall final plat phasing of Paramount Subdivision at the determination of the Planning Director. This is the third phase of development of Paramount Northeast subdivision and the 34 th phase of the overall Paramount subdivision. VI. STAFF ANALYSIS The proposed final plat depicts 5 building lots and 3 common lots on 1.85 acres of land. The gross density of the proposed subdivision is 1.32 dwelling units (d.u.) per acre with a net density of 4.27 d.u. per acre. The minimum lot size is 8,037 square feet (s.f.) and the average lot size 10,177 s.f. There are no amenities proposed with this phase of development. All of the proposed lots are for single-family detached homes and comply with the dimensional standards for the R-8 zoning district. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there to be an increase of one building lot in Block 64 on the proposed final plat. Because the number of buildable lots decreased by 4 lots in the previous phase and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VII. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat [AZ-03-006 (DA #103137116); AZ-13-005; PP-13-008; MDA-13-010, DA #113083665] applications for this subdivision. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on a previous final plat, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by The Land Group, stamped on March 8, 2017 by James R. Washburn shall be revised as follows: a. Note #15: Include the recorded instrument number b. A 35-foot wide street buffer is required along N. Meridian Road, an entryway corridor, in accord with the standards listed in UDC 11-3B-7C, measured from back of curb. 5. The landscape plan prepared by The Land Group, dated March 7, 2017, shall be revised as follows: a. A 35-foot wide street buffer is required along N. Meridian Road, an entryway corridor, in accord with the standards listed in UDC 11-3B-7C, measured from back of curb. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 3 contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. Existing water main in Heston shall continue into the cul-de-sac to the terminating tee for the fire hydrant. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 4 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 5 purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 4/23/13) C. Proposed Final Plat (dated: 3/8/17) D. Proposed Landscape Plan (dated: 3/7/17) EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 4/23/13) EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 8 Exhibit C – Proposed Final Plat (dated: 3/8/17) EXHIBIT A Paramount Sub No. 33 FP H-2017-0030 PAGE 9 Exhibit D. – Proposed Landscape Plan (dated: 3/7/17) EXHIBIT B Sonya Allen From: Mike Wardle <mwardle@brightoncorp.com> Sent: Thursday, April 13, 2017 1:53 PM To: Sonya Allen; Bill Nary; Ted Baird; Machelle Hill; C.Jay Coles; Andrea Pogue Cc: Bill Parsons; David Turnbull; Jon Wardle; Kameron Nauahi Subject: RE: Paramount No. 33 and Hill's Century Farms No. 6 Final Plat Staff Reports for 04/18/17 CC MTG Yes, please; that was my unstated intent! From: Sonya Allen [mailto:sallen@meridiancity.org] Sent: Thursday, April 13, 2017 1:44 PM To: Mike Wardle; Bill Nary; Ted Baird; Machelle Hill; C.Jay Coles; Andrea Pogue Cc: Bill Parsons; David Turnbull; Jon Wardle; Kameron Nauahi Subject: RE: Paramount No. 33 and Hill's Century Farms No. 6 Final Plat Staff Reports for 04/18/17 CC MTG Thanks Mike. I concur with your clarifying statements. Would you like these applications to be placed on the consent agenda? From: Mike Wardle [mwardle@brightoncorp.com] Sent: Thursday, April 13, 2017 11:59 AM To: Bill Nary; Ted Baird; Machelle Hill; C.Jay Coles; Andrea Pogue Cc: Bill Parsons; Sonya Allen; David Turnbull; Jon Wardle; Kameron Nauahi Subject: RE: Paramount No. 33 and Hill's Century Farms No. 6 Final Plat Staff Reports for 04/18/17 CC MTG .All., We have reviewed the staff reports for Paramount Subdivision No. 33 and Hill's Century Farm Subdivision No. 6 and concur with the recommended conditions of approval for both, subject to two clarifying statements: - Paramount No. 33 – Conditions 4.b (plat) and 5.a (landscape plan) cite the requirement for a 35 -foot entryway corridor landscape buffer "as measured from the back of curb." The 25 -foot common lot abutting Meridian Road (Lot 9, Block 68)—in combination with landscaped area, detached sidewalk and future 8 -foot parkway strip within the ROW—provides an actual buffer of 40 feet from back of the future Meridian Road curb. - Hill's Century Farm No. 6 – Condition 3.a notes the requirement for 19 parkway trees to be placed "within the adjacent building lot...." We agree with the requirement but, based on our calculations, the actual number of trees should be 15, not 19. We will verify that number through administrative review with staff and trust that compliance with the condition will reflect the result of that determination. Respectfully, Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7E PROJECT NUMBER: H-2017-0035 ITEM TITLE: Heron Ridge Estates Subdivision No. 2 Final Order For Heron Ridge Estates Subdivision No. 2 (H-2017-0035) by The Ewing Company Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR Heron Ridge Subdivision No. 2 (H-2017-0035) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF SIX (6) SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND ONE (1) COMMON LOT ON 3.67 ACRES OF LAND IN THE R-2 ZONING DISTRICT FOR HERON RIDGE SUBDIVISION NO. 2. BY: EWING COMPANY, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0035 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING HERON RIDGE SUBDIVISION NO. 2, LOCATED IN THE SOUTHEAST ¼ OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 03/22/2017, DARIN HOLZHEY, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR Heron Ridge Subdivision No. 2 (H-2017-0035) Page 2 of 3 in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 M � y , 2017. �NCunrpRgT FO 9G Y Attest: �y� lot wo`° °r City Clerk Y� Tammy de erd Mayor, City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: C , I v Y 60 (,"`d Dated: -�- / 3 / '�)o /-7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR Heron Ridge Subdivision No. 2 (H-2017-0035) Page 3 of 3 Heron Ridge Estates No. 2 (H-2017-0035) PAGE 1 STAFF REPORT MEETING DATE: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Heron Ridge Estates No. 2 (H-2017-0035) I. APPLICATION SUMMARY The applicant, Mason and Stanfield Inc., has applied for final plat (FP) approval of six (6) single- family residential building lots and one (1) common lot on approximately 3.67 acres of land in the R- 2 (low-density residential) zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Heron Ridge Estates No. 2 final plat application subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0035 as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0035, as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0035 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 north of Chinden Boulevard, south of the Phyllis Canal and approximately a ½ mile east of N. Black Cat Road, in the south ½ of Section 22, Township 4 North, Range 1 West. B. Agent: Scott Stanfield, Mason & Stanfield Inc. 826 3rd Street South Nampa, Idaho 83651 Heron Ridge Estates No. 2 (H-2017-0035) PAGE 2 C. Applicant/Owner: Tuck Ewing 1500 Eldorado Street, Suite #4 Boise, Idaho 83704 V. STAFF ANALYSIS The proposed final plat depicts six (6) single-family residential building lots and one (1) common lot on 3.67 acres of land, zoned R-2. All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-2 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lots and common open space is the same, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B- 3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-13-002), preliminary plat (PP-13- 006) and alternative compliance (ALT-13-007). 2. The applicant has until April 25, 2018 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Mason and Stanfield Inc., dated March 22, 2017 by Darin Holzhey shall be revised as follows: Note #9 references a landscape license agreement with the City of Meridian. The applicant shall enter into a license agreement with ACHD for the landscape improvements within the public right-of-way. A note shall be added to the plat the identities the responsibility party for the maintenance of the landscaping. The applicant shall include a note on the plat that states the homeowner’s association is to maintain the common lots. 5. The landscape plan prepared by Mason and Stanfield, Inc., dated February 28, 2017, shall be revised prior to signature on the final plat by the City Engineer as follows: The 8-foot wide parkways along W. Sugar Tree Court may be installed at the time of lot development as set forth in UDC 11-6C-3H. Said parkways shall be planted in accord with UDC 11-3A-17E and UDC 11-3B-7C. Remove conifers from the parkways. The applicant shall landscape Common lot 1, Block 2 in accord with UDC 11-3B-7C. The street trees depicted on the landscape plan must be planted a minimum of five feet from any water service. Prior to signature of the final plat by the City Engineer, the applicant shall coordinate with Land Development to determine the location of trees located near a water service. If any trees are to be removed from the property, the applicant shall provide a mitigation plan in accordance with UDC 11-3B-10. 6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. Heron Ridge Estates No. 2 (H-2017-0035) PAGE 3 7. Prior to applying for a building permit for Lots 2 and 3, Block 2, the applicant obtain a demolition permit from the Building Division and remove the existing home and outbuilding. 8. Future homes/structures constructed in this subdivision shall substantially comply with the sample elevations approved with the preliminary plat. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. VII. GENERAL REQUIREMENTS 1. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site will be via United Water. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Heron Ridge Estates No. 2 (H-2017-0035) PAGE 4 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Heron Ridge Estates No. 2 (H-2017-0035) PAGE 5 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. 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 signature on the final plat by the City Engineer. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Heron Ridge Estates No. 2 (H-2017-0035) PAGE 6 Exhibit A – Vicinity Map Heron Ridge Estates No. 2 (H-2017-0035) PAGE 7 Exhibit B – Approved Preliminary Plat Heron Ridge Estates No. 2 (H-2017-0035) PAGE 8 Exhibit C – Proposed Final Plat Heron Ridge Estates No. 2 (H-2017-0035) PAGE 9 Exhibit D –Proposed Landscape Plan Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7F PROJECT NUMBER: H-2017-0034 ITEM TITLE: Fall Creek Subdivision No. 4 Final Order for Fall Creek Subdivision No. 4 (H-2017-0034) by Thomas Coleman, Toll ID I, LLC Located on the East Side of S. Linder Road, Approximately 1/3 Mile South of W. Overland Road MEETING NOTES LRI APPIOVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 4 – FP (H-2017-0034) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 46 BUILDING LOTS AND 4 COMMON LOTS ON 18.22 ACRES IN THE R-8 ZONING DISTRICT FOR FALL CREEK SUBDIVISION NO. 4 BY: THOMAS COLEMAN, TOLL ID I, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0034 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING FALL CREEK SUBDIVISION NO. 4, SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 3/16/17, by CODY M. MCCAMMON, PLS, SHEET 1 OF 8,” is conditionally approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO. 4 – FP (H-2017-0034) Page 2 of 3 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 April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kristi Watkins, JUB Engineers, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 �GJ 12017. City Clerk Tammy deee Mayor, Cit Meridian Copy served upon the Applicant; Planning and Development Services Divisions of the Community Development Department and City Attorney. < / By: � � 6e2 Dated: � 3 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALL CREEK SUBDIVISION NO.4 — FP (H-2017-0034) Page 3 of 3 W EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 1 STAFF REPORT MEETING DATE: April 18, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Fall Creek Subdivision No. 4 – FP H-2017-0034 I. APPLICATION SUMMARY The applicant, Thomas Coleman, Toll ID I, LLC, has applied for final plat (FP) approval of 46 single- family residential building lots and 4 common lots on 18.22 acres of land in the R-8 (medium-density residential) zoning district. This is the fourth phase of development of Fall Creek Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Fall Creek Subdivision No. 4 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0034 as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0034, as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0034 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of S. Linder Road, approximately 1/3 mile south of W. Overland Road, in the southwest ¼ of Section 24, T. 3N., R. 1W. B. Applicant: Thomas Coleman, Toll ID I, LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 C. Owner: Toll ID I, LLC 250 Gibraltar Road Horsham, PA 19044 EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 2 D. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 V. STAFF ANALYSIS The proposed final plat depicts 46 building lots and 4 common lots on 18.22 acres of land in the R-8 zoning district. The gross density of the proposed subdivision is 2.5 dwelling units (d.u.) per acre with a net density of 4.2 d.u. per acre. The minimum property size is 8,186 square feet with an average property size of 10,346 square feet (s.f.). All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. A total of 1.74 acres (or 9.55%) of qualified open space is proposed in this phase consisting of half the street buffer along S. Linder Road; the street buffer along W. Kodiak Drive; and a large open grassy area. Site amenities consist of a segment of the City’s multi -use pathway system along Kodiak and an internal micro-path. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of building lots and common area is the same; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-05-064; Development Agreement Inst. No. 106151232) and preliminary plat (PP-12-016). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the final plat for the previous phase (by September 21, 2018); or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by JUB Engineers, Inc., dated 3/16/17 by Cody McCammon shall be revised as follows: a. Plat Notes: i. Note #5: “This Development is subject to a Development Agreement Instrument No. 114030972 106151232. ii. Note: #10: Include the recorded instrument number for the ACHD license agreement. iii. Note #11: Complete information pertaining to test pits. b. Easement Notes: i. Note #6: Include instrument number for ACHD right-of-way easements. ii. Note #7: Include instrument number for existing ACHD storm drain easement. EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 3 5. The landscape plan prepared by Jensen Belts Associates, dated 3/14/2017, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Depict a 10-foot wide compacted gravel shoulder along S. Linder Road meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3B-7C.5. 6. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. A street light plan will need to be included with the Land Development Plan Submi ttal. 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 at http://www.meridiancity.org/public_works.aspx?id=272. The street light plan will need to include Type 1 lighting along the frontage of Linder Road in addition to type 2 lighting along the subdivisions internal streets. 10. Applicant shall be required to pay their pro-rata share of the outstanding balance of the August 24, 2007, 27-inch Sanitary Sewer Reimbursement Agreement, recorded as Ada County Instrument Number 108124038, prior to signature on the final plat. For this phase, that amount equates to $22,566.75 (18.22 acres x $1,238.57/acre = $22,566.75) 11. Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 12. With the application for a building permit, each home builder must submit lot grading and finished floor elevation consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 4 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 5 drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 6 B. Approved Preliminary Plat (dated: 1/10/13) C. Revised Preliminary Plat Layout D. Proposed Final Plat (dated: 3/16/2017) E. Proposed Landscape Plan (dated: 3/14/2017) EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 1/10/13) EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 9 Exhibit C – Revised Preliminary Plat Layout EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 10 Exhibit D: Proposed Final Plat (dated: 3/16/2017) EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 11 EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 12 EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 13 Exhibit D –Proposed Landscape Plan (dated: 3/14/2017) EXHIBIT A Fall Creek Sub No. 4 - FP H-2017-0034.doc PAGE 14 10414 of I 1 00 Sonva Allen From: Kristi Watkins <kwatkins@jub.com> Sent: Thursday, April 13, 2017 1:11 PM To: Machelle Hill; Sonya Allen; Scott Wonders Cc: Bruce Freckleton; Barbara Shiffer; C.Jay Coles; Charlene Way Subject: RE: Fall Creek Sub. 4 - FP H-2017-0034 Staff Report for April 18th Council Mtg Yes, please. Thanks. From: Machelle Hill [mailto:mhill@meridiancity.org] Sent: Thursday, April 13, 2017 1:05 PM To: Kristi Watkins <kwatkinsCc@iub.com>; Sonya Allen <sallen@meridiancity.org>; Scott Wonders <swonders@iub.com> Cc: Bruce Freckleton <bfreckleton@meridiancity.org>; Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cicoles@meridiancity.org>; Charlene Way <cway@meridiancity.org> Subject: RE: Fall Creek Sub. 4 - FP H-2017-0034 Staff Report for April 18th Council Mtg Kristi, Would you like this to go onto the Consent Agenda for next Tuesday? From: Kristi Watkins [mailto:kwatkins(-Ojub.com] Sent: Thursday, April 13, 2017 11:31 AM To: Sonya Allen; Scott Wonders Cc: Bruce Freckleton; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject: RE: Fall Creek Sub. 4 - FP H-2017-0034 Staff Report for April 18th Council Mtg Sonya: We are in agreement with the Staff Report you sent for the CC meeting on April 18, for Fall Creek #4. Thank you, Kristi Watkins JUB Engineers, Inc. From: Sonya Allen[mailto:sallen@meridiancity.org] Sent: Wednesday, April 12, 2017 12:47 PM To: Kristi Watkins <kwatkins@iub.com>; Scott Wonders <swonders@iub.com> Cc: Bruce Freckleton <bfreckleton@meridiancity.org>; Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cicoles@meridiancity.org>; Charlene Way <cwav@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Subject: Fall Creek Sub. 4 - FP H-2017-0034 Staff Report for April 18th Council Mtg Attached is the staff report for the rroposed final plat for Fall Creek Sub. 4. This item is scheduled to be on the City Council agenda on April 18t . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kristi/Scott - Please submit a written response to the staff report to the City Clerk's office (mhill@meridiancity.or , cjcoles@meridiancity.org, cway@meridiancity.org bshiffer@meridiancity.or and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7G PROJECT NUMBER: H-2017-0033 ITEM TITLE: Hill's Century Farm Subdivision No. 6 Final Order for Hill's Century Farm Subdivision No. 6 (H-2017-0033) by Brighton Investments Located South of E. Amity Road and East of S. Eagle Road MEETING NOTES 4p Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVSION NO. 6 – FP (H-2017-0033) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 44 BUILDING LOTS ON 4 COMMON LOTS ON 14.09 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR HILL’S CENTURY FARM SUBDIVISION NO. 6. BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING HILL’S CENTURY FARM SUBDIVISION PHASE 6, LOCATED IN A PORTION OF THE SE ¼ OF THE NW ¼ AND A PORTIN OF THE NE ¼ OF THE SW ¼, SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVSION NO. 6 – FP (H-2017-0033) Page 2 of 3 3/8/2017, by AARON L. BALLARD, PLS, SHEET 1 OF 4,” 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 April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Mike Wardle, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 , 2017. City Clerk Tammy dee d Mayor, Cit Meridian 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 HILL'S CENTURY FARM SUBDIVSION NO. 6 — FP (H-2017-0033) Page 3 of 3 EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 1 STAFF REPORT MEETING DATE: April 18, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 44 building lots and 4 common area lots on 14.09 acres of land in an R-8 zoning district. This is the sixth phase of development of Hill’s Century Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 6 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0033, as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0033, as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located east of S. Eagle Road, midway between E. Amity Road and E. Lake Hazel Road, in the west ½ of Section 33, T. 3N., R. 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 44 single-family residential building lots and 4 common lots on 14.09 acres of land in an R-8 zoning district. The minimum property size in this phase is 8,424 square feet (s.f.) with an average size of 9,487 s.f. A total of 1.77 acres of qualified open space is provided with this phase consisting of the street buffer along S. Stockenham Way, a collector street; parkways along internal local streets; and a large centrally located common area. A pedestrian pathway is proposed as an amenity through the common area. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same; therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. The final plat prepared by KM Engineering, stamped on 3/8/2017 by Aaron L. Ballard shall be revised as follows: a. Note #13: Include recorded instrument number. b. Reference #R3: Include the recorded book and page numbers for Hill’s Century Farm Subdivision Phase 4. 3. The landscape plan prepared by KM Engineering, dated 3/9/2017, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Where storm drainage easements exist in the parkways that preclude trees from being planted, depict the required trees within the adjacent building lot; include a note that states such. 4. Future development shall be generally consistent with the conceptual building elevations included in the development agreement. 5. Install a sign at the end of S. Pinland Avenue at the south boundary of the subdivision and at the end of E. Auckland Street at the east boundary of the subdivision that states these streets will be extended in the future. VII. ONGOING CONDITIONS OF APPROVAL 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. EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 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. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012, Development Agreement #2015-003138; PP-14- 014). 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. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 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 11- 3A-3. 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 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. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. 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 or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. 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. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 4 for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 5 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 3/8/17) D. Proposed Landscape Plan (dated: 3/9/17) EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Phase 6 EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 8 Exhibit C – Proposed Final Plat (dated: 3/8/17) EXHIBIT A Hill’s Century Farm Subdivision No. 6 – FP H-2017-0033 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 3/9/17) EXHIBIT B Sonya Allen From: Mike Wardle <mwardle@brightoncorp.com> Sent: Thursday, April 13, 2017 1:53 PM To: Sonya Allen; Bill Nary; Ted Baird; Machelle Hill; C.Jay Coles; Andrea Pogue Cc: Bill Parsons; David Turnbull; Jon Wardle; Kameron Nauahi Subject: RE: Paramount No. 33 and Hill's Century Farms No. 6 Final Plat Staff Reports for 04/18/17 CC MTG Yes, please; that was my unstated intent! From: Sonya Allen [mailto:sallen@meridiancity.org] Sent: Thursday, April 13, 2017 1:44 PM To: Mike Wardle; Bill Nary; Ted Baird; Machelle Hill; C.Jay Coles; Andrea Pogue Cc: Bill Parsons; David Turnbull; Jon Wardle; Kameron Nauahi Subject: RE: Paramount No. 33 and Hill's Century Farms No. 6 Final Plat Staff Reports for 04/18/17 CC MTG Thanks Mike. I concur with your clarifying statements. Would you like these applications to be placed on the consent agenda? From: Mike Wardle [mwardle@brightoncorp.com] Sent: Thursday, April 13, 2017 11:59 AM To: Bill Nary; Ted Baird; Machelle Hill; C.Jay Coles; Andrea Pogue Cc: Bill Parsons; Sonya Allen; David Turnbull; Jon Wardle; Kameron Nauahi Subject: RE: Paramount No. 33 and Hill's Century Farms No. 6 Final Plat Staff Reports for 04/18/17 CC MTG .All., We have reviewed the staff reports for Paramount Subdivision No. 33 and Hill's Century Farm Subdivision No. 6 and concur with the recommended conditions of approval for both, subject to two clarifying statements: - Paramount No. 33 – Conditions 4.b (plat) and 5.a (landscape plan) cite the requirement for a 35 -foot entryway corridor landscape buffer "as measured from the back of curb." The 25 -foot common lot abutting Meridian Road (Lot 9, Block 68)—in combination with landscaped area, detached sidewalk and future 8 -foot parkway strip within the ROW—provides an actual buffer of 40 feet from back of the future Meridian Road curb. - Hill's Century Farm No. 6 – Condition 3.a notes the requirement for 19 parkway trees to be placed "within the adjacent building lot...." We agree with the requirement but, based on our calculations, the actual number of trees should be 15, not 19. We will verify that number through administrative review with staff and trust that compliance with the condition will reflect the result of that determination. Respectfully, Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7H PROJECT NUMBER: H-2017-0038 ITEM TITLE: Vicenza No. 3 Final Order for Vicenza No. 3 (H-2017-0038) by Cottonwood Development, LLC Located West of McMillian Road Between N. Black Cat Road and N. Ten Mile Road MEETING NOTES G✓ APFROVf� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VICENZA SUBDIVISION No. 3 H-2017-0038 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO VICENZA SUBDIVISION NO. 3 FINAL PLAT TO REDUCE THE NUMBER OF LOTS PERMITTED IN THE PHASE FROM 28 TO 25. BY: COTTONWOOD DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0038 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on April 18, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Vicenza Subdivision No. 3 final plat to reduce the number of lots from 28 to 25, subject to the conditions of approval in the attached Staff Report for the hearing date of April 18, 2017, incorporated by reference. Attached: Staff Report for the hearing date of April 18, 2017 By action of the City Council at its regular meeting held on the day of y 'I , 2017. o�Q�RATEDgGC `�G GSA Attest: AIV C. Jar*,Co1 City Clerk Tarmny de e Mayor, Ci6 oeridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: C ,' 6Y 6c, Dated: S� 3� DOl ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VICENZA SUBDIVISION No. 3 H-2017-0038 Page 2 of 2 Vicenza No. 3 H-2017-0038 - 1 - STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Vicenza No. 3 - MFP (H-2017-0038) I. APPLICATION SUMMARY The applicant, Cottonwood Development, LLC, has requested approval of a modification to the Vicenza No. 3 Subdivision final plat to reduce the number of building lots from 28 to 25. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit A. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017- 0038, as presented during the hearing on April 18, 2017. Denial After considering all Staff, Applicant, and public testimony, I move t o deny File Number H-2017- 0038, as presented in the staff report for the hearing date of April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2017- 0038 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 north of W. McMillan Road; between N. Black Cat Road and N. Ten Mile Road in the NW ¼ of the NW ¼ of Section 27, Township 4 North, Range 1 West, B.M. B. Applicant/Owner: Cottonwood Developments, LLC 2228 W. Piazza Drive Meridian, ID 83646 C. Representative: WH Pacific, Inc. 2141 W. Airport Way Ste. 104 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. Vicenza No. 3 H-2017-0038 - 2 - VI. LAND USE A. Existing Land Use(s): The site is currently vacant undeveloped property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by vacant land, zoned R-4. C. History of Previous Actions: In 2010, the property was granted preliminary plat approval for 301 single-family lots and thirty-eight common lots (RZ-10-004, PP-10-004). In 2016, the property was granted final plat approval of the third phase consisting of 28 single-family lots and 4 common lots (H-2016-0096). VII. STAFF ANALYSIS The applicant is requesting to modify the final plat approved with file #H-2016-0096. The original plat included a total of twenty-eight (28) buildable lots. The applicant now wishes to eliminate three (3) of the buildable lots in order to increase the size of the lots. Further, the modification is desired so the boundary of the plat coincides with a subsequent phase. Per UDC 11-6B-3C, the applicant has ability to reduce the number of buildable lots and still remain consistent with the approved preliminary plat. Staff recommends approval of the requested changes to the final plat as depicted in Exhibit C and in accord with all of the conditions of approval associated with H-2016-0096. VIII. EXHIBITS A. Vicinity Map B. Approved Final Plat C. Proposed Final Plat D. Approved Landscape Plan Vicenza No. 3 H-2017-0038 - 3 - A. Vicinity Map Vicenza No. 3 H-2017-0038 - 4 - B. Approved Final Plat Vicenza No. 3 H-2017-0038 - 5 - C. Proposed Final Plat Vicenza No. 3 H-2017-0038 - 6 - D. Approved Landscape Plan Vicenza No. 3 H-2017-0038 - 7 - Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 71 PROJECT NUMBER: H-2017-0039 ITEM TITLE: Vicenza Subdivison No. 4 Final Order for Vicenza Subdivison No. 4 (H-2017-0039) by Cottonwood Development LLC Located North of W. McMillan Road, Between N. Black Cat and N. Ten Mile Roads MEETING NOTES G✓ 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VICENZA SUBDIVISION No. 4 H-2017-0039 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO VICENZA SUBDIVISION NO. 4 FINAL PLAT TO REDUCE THE NUMBER OF LOTS PERMITTED IN THE PHASE FROM 17 TO 15. BY: COTTONWOOD DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0039 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on April 18, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Vicenza Subdivision No. 4 final plat to reduce the number of lots from 17 to 15, subject to the conditions of approval in the attached Staff Report for the hearing date of April 18, 2017, incorporated by reference. Attached: Staff Report for the hearing date of April 18, 2017 By action of the City Council at its regular meeting held on the day of 6 Y 2017. O�Qo gATEdgVCGs G r jDl W Tammy de e rd Mayor, Ci f Meridian Attest: SEA a 0rhe C. Ja Coles City Clerk 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 MODIFICATION FOR VICENZA SUBDIVISION No. 4 H-2017-0039 Page 2 of 2 Vicenza No. 4 H-2017-0039 - 1 - STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Vicenza No. 4 - MFP (H-2017-0039) I. APPLICATION SUMMARY The applicant, Cottonwood Development, LLC, has requested approval of a modification to the Vicenza No. 4 Subdivision final plat to reduce the number of building lots from 17 to 15. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit A. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017- 0039, as presented during the hearing on April 18, 2017. Denial After considering all Staff, Applicant, and public testimony, I move t o deny File Number H-2017- 0039, as presented in the staff report for the hearing date of April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2017- 0039 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 north of W. McMillan Road; between N. Black Cat Road and N. Ten Mile Road in the NW ¼ of the NW ¼ of Section 27, Township 4 North, Range 1 West, B.M. B. Applicant/Owner: Cottonwood Developments, LLC 2228 W. Piazza Drive Meridian, ID 83646 C. Representative: WH Pacific, Inc. 2141 W. Airport Way Ste. 104 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. Vicenza No. 4 H-2017-0039 - 2 - VI. LAND USE A. Existing Land Use(s): The site is currently vacant undeveloped property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by vacant land zoned R4. C. History of Previous Actions: In 2010, the property was granted preliminary plat approval for 301 single-family lots and thirty-eight common lots (RZ-10-004, PP-10-004). In 2016, the property was granted final plat approval of the fourth phase consisting of 17 single-family lots and 3 common lots (H-2016-0097). VII. STAFF ANALYSIS The applicant is requesting to modify the final plat approved with file #H-2016-0097. The original plat included a total of seventeen (17) buildable lots. The applicant now wishes to eliminate two (2) of the buildable lots in order to increase the size of the lots. Further, the modification is desired so the boundary of the plat coincides with a subsequent phase. Per UDC 11-6B-3C, the applicant has ability to reduce the number of buildable lots and still remain consistent with the approved preliminary plat. Staff recommends approval of the requested changes to the final plat as depicted in Exhibit C and in accord with all of the conditions of approval associated with H-2016-0097. VIII. EXHIBITS A. Vicinity Map B. Approved Final Plat C. Proposed Final Plat D. Approved Landscape Plan Vicenza No. 4 H-2017-0039 - 3 - A. Vicinity Map Vicenza No. 4 H-2017-0039 - 4 - B. Approved Final Plat Vicenza No. 4 H-2017-0039 - 5 - C. Proposed Final Plat Vicenza No. 4 H-2017-0039 - 6 - D. Approved Landscape Plan ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VOLTERRA HEIGHTS SUBDIVISION No. 2 H-2017-0040 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO VOLTERRA HEIGHTS SUBDIVISION NO. 2 FINAL PLAT TO REDUCE THE NUMBER OF LOTS PERMITTED IN THE PHASE FROM 28 TO 26. BY: COTTONWOOD DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0040 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on April 18, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Vicenza Subdivision No. 4 final plat to reduce the number of lots from 28 to 26, subject to the conditions of approval in the attached Staff Report for the hearing date of April 18, 2017, incorporated by reference. Attached: Staff Report for the hearing date of April 18, 2017 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VOLTERRA HEIGHTS SUBDIVISION No. 2 H-2017-0040 Page 2 of 2 By action of the City Council at its regular meeting held on the _____________ day of ________________________, 2017. By:____________________________________ Tammy de Weerd Mayor, City of Meridian Attest: _______________________________ C. Jay Coles City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:____________________________ Dated:________________________________ Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 7J PROJECT NUMBER: H-2017-0023 ITEM TITLE: Volterra Heights No. 3 Final Order for Volterra Heights No. 3 (H-2017-0023) by Cottonwood Development Located South Side of W. McMillan Road and West of N. Ten Mile Road 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 3 – FP H-2017-0023 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY SEVEN (27) BUILDING LOTS AND THREE (3) COMMON LOTS ON 7.68 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 3. BY: COTTONWOOD INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING VOLTERRA HEIGHTS SUBDIVISION NO. 3, LOCATED IN THE NORTHEAST ¼ OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: FEBRUARY 14, 2017, by ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 3 – FP H-2017-0023 Page 2 of 3 TRAVIS P. FOSTER, 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 April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Cara Duskey, 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 wilt toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 2017. oRptED AUG Q UST Q 2�0 �o By: !� KCRY or w Tammy E de MerCIDIAN�-- Mayor, Cit idian IDAHO Attest: s� SEAL Fyr�Ro`th C.Ja oles City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �f , -� �y Dated: '�Z 3/ ;�217 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 3 — FP H-2017-0023 Page 3 of 3 EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 1 STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2017-0023 – Volterra Heights No. 3 (FP) I. APPLICATION SUMMARY The applicant, Cottonwood Investments, LLC, has applied for approval of a final plat consisting of twenty-seven (27) residential lots and three (3) common lots on approximately 9.44 acres in the R-8 (Medium-Density Residential). This is the third phase of development for the Volterra South Subdivision. Note: A concurrent final plat modification of Volterra Heights No. 2 (File # H-2017-0040) is processed and scheduled for the same Council hearing to ensure the boundaries of phase 2 and phase 3 coincide with one another. II. STAFF RECOMMENDATION Staff recommends approval of Volterra Heights Subdivision No. 3 final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0023 as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0023 as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0023 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 near the southwest corner of W. McMillan Road and N. Ten Mile Road in the NE ¼ of Section 34, Township 4 North, Range 1 West. B. Applicant/Owner: Cottonwood Investments, LLC 2228 Piazza Drive Meridian, Idaho 83646 EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 2 C. Representative: Matt Munger, WHPacific Inc. 2141 W. Airport Way, Suite #104 Boise, Idaho 83705 V. STAFF ANALYSIS The proposed final plat consists of twenty-seven (27) residential lots and three (3) common lots on approximately 7.68 acres of land. All of the lots proposed in this phase are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. Open space planned for this phase consists of parkways and two pedestrian pathways. Overall open space with this phase totals approximately 0.33 acres which is consistent with the overall project open space and does comply with the UDC requirements. Because the number of buildable lots for this phase is reduced by two and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved rezone (RZ-10-005), preliminary plat (PP-10-005), time extension (TED-12-002), amended development agreement (MDA-10-009) (instrument #111010393), final plat of Volterra Heights No. 2 (H-2016-0095) and modification of Volterra Heights No. 2 final plat (H-2017-0040). 2. The applicant has until June 8, 2018 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WH Pacific stamped on February 14, 2017, by Travis P. Foster, shall be revised prior to signature of the final plat by the City Engineer as follows: • Note #1: Add five foot (5’) side yard Public Utilities, Drainage, and Irrigation Easements. • Add ten foot (10’) rear yard Public Utilities, Drainage and Irrigation Easements. • Note #8 and #11: Need instrument numbers. 5. The landscape plan prepared by South Landscape Architecture, dated February 8, 2017 shall be revised as follows: • Shift 10-foot multi-use pathway to the south and relocate trees to the north of the pathway to be out of the water main easement of twenty feet in Lot 41, Block 1. • Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. • All landscape improvements approved with the proposed subdivision must be installed prior to releasing occupancy for any homes constructed within the subdivision. Provide an electronic copy of the revised landscape plan with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 3 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 9. Comply with all ACHD conditions of approval associated with the design, installation, maintenance and warranty period for the construction of the permeable interlocking concrete pavement (PICP) system proposed for the local streets set forth in the ACHD memorandum dated May 14, 2013. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 4 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 5 purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Volterra South Subdivision (PP-10-005) C. Proposed Final Plat D. Proposed Landscape Plan EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 7 Exhibit B – Approved Volterra South Subdivision (PP-10-005) EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 8 Exhibit C – Proposed Final Plat EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 9 Exhibit D. – Proposed Landscape Plan EXHIBIT A Volterra Heights No.3 – H-2017-0023 PAGE 10 WHNc�fic April 13, 2017 Josh Beach City of Meridian 33 E. Broadway Meridian, Idaho 83642 RE: H-2017-0023 Volterra Heights No. 3 Dear Josh: I have received your letter of conditions. I have discussed these conditions with the owner/applicant and they have agreed to comply with all listed conditions and requirements for the plat for Volterra Heights No. 3. Thank you for your time and consideration on this project. Please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, a I�� Cara Duskey Project Coordinator 2141 West Airport Way, Suite 104 • Boise, ID 83705 • l 208.342.5400 • F 208.342.5353 • www.whpacific.com Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7K PROJECT NUMBER: H-2017-0022 ITEM TITLE: Vicenza Subdivision No. 5 Final Order for Vicenza Subdivision No. 5 (H-2017-0022) by Cottonwood Development Located North Side of W. McMillan Road and East of N. Black Cat Road MEETING NOTES F1 kP��0YE0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION NO. 5 (H-2017-0022) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY-TWO (22) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND FOUR (4) COMMON LOT ON 7.49 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR VICENZA SUBDIVISION NO. 5. BY: COTTONWOOD DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING VICENZA SUBDIVISION NO. 5, LOCATED IN THE NORTH ½ SOUTH 1/2 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 02/14/2017, DARIN HOLZHEY, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION NO. 5 (H-2017-0022) Page 2 of 3 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 April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” 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 Cit y Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 /' 4 Y , 2017. Attest: C. Jai -Col City Clerk 1,Rp,TED At)G �S T 4Ciw',r W E ID.IAN, IDAHO SEAL/ Y: Tammy de W d Mayor, City Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �, ��i`l CSC Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION NO. 5 (H-2017-0022) Page 3 of 3 Vicenza No. 5 – H-2017-0022 PAGE 1 STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Vicenza No. 5 – H-2017-0022 I. APPLICATION SUMMARY The applicant, Cottonwood Development, LLC, has applied for approval of a final plat consisting of twenty-two (22) buildable lot and four (4) common lots on approximately 7.49 acres of land. Note: The city is processing a final plat modification for an adjoining phase to ensure that the phasing boundaries are consistent. II. STAFF RECOMMENDATION Staff recommends approval of Vicenza Subdivision No. 5 final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0022 as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0022 as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0022 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, Township 4 North, Range 1 West. B. Applicant: Cottonwood Development, LLC 2228 Piazza Drive, Meridian, Idaho 83646 Vicenza No. 5 – H-2017-0022 PAGE 2 C. Owner: Bridgetower Investments, LLC 2228 Piazza Drive, Meridian, Idaho 83646 D. Representative: Matt Munger, WH Pacific 2141 W. Airport Way Ste. 104 Boise, Idaho 83646 V. STAFF ANALYSIS The proposed final plat consists of twenty-two (22) buildable lot and four (4) common lots on approximately 7.49 acres of land. This is the fifth phase of development for the Volterra North Subdivision. Open space planned for this phase consists of three (3) landscaped common lots and a micropath,, which complies with the UDC requirement and with the previously approved preliminary plat. The proposed open space complies with the overall open space and site amenities approved with the Volterra North development. Because the number of buildable lots is being reduced and the common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (PP-10-004), time extension (TED-12-002), final plat (H-2016-0097) and amended development agreement (instrument #111010393). 2. The applicant has until June 8, 2018 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WHPacific stamped on February 14, 2017, by Travis P. Foster, shall be revised prior to signature of the final plat by the City Engineer as follows: Modify Note #1 to include 5-foot side lot line easements for Public Utility, Drainage, and Irrigation. Revise the rear lot line easement from 5-foot to 10-foot width. Note #8: insert the instrument number. Note #11: insert the instrument number. 5. The landscape plan prepared by South Architecture dated February 8, 2017 is approved as submitted. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. Vicenza No. 5 – H-2017-0022 PAGE 3 9. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 10. Applicant shall be required to construct a second water main connection to W. Gondola Drive via their proposed off-site route in order to provide necessary fire flows to the proposed development. 11. Applicant has proposed 12 inch water main in Joy Way and Anatole St. which is consistent with water modeling requirements. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan Vicenza No. 5 – H-2017-0022 PAGE 4 approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Vicenza No. 5 – H-2017-0022 PAGE 5 Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Volterra North Subdivision (PP-10-004) C. Proposed Final Plat (dated: 02/14/2017) D. Proposed Landscape Plan (dated: 02/08/2017) Vicenza No. 5 – H-2017-0022 PAGE 6 Exhibit A – Vicinity Map Vicenza No. 5 – H-2017-0022 PAGE 7 Exhibit B – Approved Volterra North Subdivision (PP-10-004) Vicenza No. 5 – H-2017-0022 PAGE 8 Exhibit C – Proposed Final Plat (dated: 02/14/2017) Vicenza No. 5 – H-2017-0022 PAGE 9 Exhibit D. – Proposed Landscape Plan (dated: 06/20/16) Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 7L PROJECT NUMBER: H-2017-0021 ITEM TITLE: Vicenza Subdivision No. 6 Final Order for Vicenza Subdivision No. 6 (H-2017-0021) by Cottonwood Development Located North Side of W. McMillan Road and East of N. Black Cat Road 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION NO. 6 (H-2017-0021) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FORTY (40) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND FOUR (4) COMMON LOT ON 14.88 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR VICENZA SUBDIVISION NO. 6. BY: COTTONWOOD DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 18, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING VICENZA SUBDIVISION NO. 6, LOCATED IN THE NORTHWEST ¼ OF The SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION NO. 6 (H-2017-0021) Page 2 of 3 02/14/2017, TRAVIS P. FOSTER, 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 April 18, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 2017. �Q0Rk EU AUG�S �t�oc,SEAJL T� r'I Attest: O �i� � �v W. C. Jay Coles City Clerk By: ITammy de eer Mayor, C& oA4eridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: �Z 3,/ �IOl ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION NO. 6 (H-2017-0021) Page 3 of 3 Vicenza No. 6 – H-2017-0021 PAGE 1 STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Vicenza No. 6 – H-2017-0021 I. APPLICATION SUMMARY The applicant, Cottonwood Development, LLC, has applied for approval of a final plat consisting of forty (40) buildable lot and four (4) common lots on approximately 14.88 acres of land in the R-4 zoning district. Note: The city is processing a final plat modification for an adjoining phase to ensure that the phasing boundaries are consistent. II. STAFF RECOMMENDATION Staff recommends approval of Vicenza Subdivision No. 6 final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0021 as presented in the staff report for the hearing date of April 18, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0021 as presented during the hearing on April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0021 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, Township 4 North, Range 1 West. B. Applicant: Cottonwood Development, LLC 2228 Piazza Drive, Meridian, Idaho 83646 Vicenza No. 6 – H-2017-0021 PAGE 2 C. Owner: Bridgetower Investments, LLC 2228 Piazza Drive, Meridian, Idaho 83646 D. Representative: Matt Munger, WH Pacific 2141 W. Airport Way Ste. 104 Boise, Idaho 83646 V. STAFF ANALYSIS The proposed final plat consists of forty (40) buildable lot and four (4) common lots on approximately 14.88 acres of land. This is the sixth phase of development for the Volterra North Subdivision. Open space planned for this phase consists of one common lot. The proposed open space complies with the overall open space and site amenities approved with the Volterra North development. Because the number of buildable lots is the same and the common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11- 6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (PP-10-004), time extension (TED-12-002), final plat (H-2016-0097) and amended development agreement (instrument #111010393). 2. The applicant has until June 8, 2018 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WH Pacific stamped on February 14, 2017, by Travis P. Foster, shall be revised prior to signature of the final plat by the City Engineer as follows: Modify Note #1 to include 5-foot side lot line easements for Public Utility, Drainage, and Irrigation. Revise the rear lot line easement from 5-foot to 10-foot width. Note #8: insert the instrument number. Note #11: insert the instrument number. 5. The landscape plan prepared by South Architecture dated February 8, 2017 is approved as submitted. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 9. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. Vicenza No. 6 – H-2017-0021 PAGE 3 10. Applicant is proposing two water main connections to the existing main in W Gondola Drive which is consistent with water modeling. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting Vicenza No. 6 – H-2017-0021 PAGE 4 that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface Vicenza No. 6 – H-2017-0021 PAGE 5 or well water for the primary source. If a surface or we ll source is not available, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Volterra North Subdivision (PP-10-004) C. Proposed Final Plat (dated: 02/14/2017) D. Proposed Landscape Plan (dated: 02/08/2017) Vicenza No. 6 – H-2017-0021 PAGE 6 Exhibit A – Vicinity Map Vicenza No. 6 – H-2017-0021 PAGE 7 Exhibit B – Approved Volterra North Subdivision (PP-10-004) Vicenza No. 6 – H-2017-0021 PAGE 8 Exhibit C – Proposed Final Plat (dated: 02/14/2017) Vicenza No. 6 – H-2017-0021 PAGE 9 Exhibit D. – Proposed Landscape Plan (dated: 02/08/2017) Vicenza No. 6 – H-2017-0021 PAGE 10 Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 7M PROJECT NUMBER: H-2017-0040 ITEM TITLE: Volterra Heights Subdivision No. 2 Final Order for Volterra Heights Subdivision No. 2 (H-2017-0040) by Cottonwood Development, LLC Located North of W. McMillian Road Between North Black Cat Road and North Ten Mile Road 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VOLTERRA HEIGHTS SUBDIVISION No. 2 H-2017-0040 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO VOLTERRA HEIGHTS SUBDIVISION NO. 2 FINAL PLAT TO REDUCE THE NUMBER OF LOTS PERMITTED IN THE PHASE FROM 28 TO 26. BY: COTTONWOOD DEVELOPMENT, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0040 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on April 18, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Vicenza Subdivision No. 4 final plat to reduce the number of lots from 28 to 26, subject to the conditions of approval in the attached Staff Report for the hearing date of April 18, 2017, incorporated by reference. Attached: Staff Report for the hearing date of April 18, 2017 By action of the City Council at its regular meeting held on the r> day of ,2017. �QO pTEDAVG� S O � 2� '$ By: Citv or W Tammy de W er EIDIAN!�-- Mayor, Cit eridian IDAHO Attest: x� SEAL n C. lay Col City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �2 Dated: ,V 3z )9/2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR VOLTERRA HEIGHTS SUBDIVISION No. 2 H-2017-0040 Page 2 of 2 Volterra Heights No. 2 H-2017-0040 - 1 - STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Volterra Heights No. 2 - MFP (H-2017-0040) I. APPLICATION SUMMARY The applicant, Cottonwood Development, LLC, has requested approval of a modification to the Volterra Heights No. 2 Subdivision final plat to reduce the number of building lots from 28 to 26. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit A. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017- 0040, as presented during the hearing on April 18, 2017. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2017- 0040, as presented in the staff report for the hearing date of April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2017- 0040 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 south of W. McMillan Road; between N. Black Cat Road and N. Ten Mile Road in the NE ¼ of Section 34, Township 4 North, Range 1 West, B.M. B. Applicant/Owner: Cottonwood Developments, LLC 2228 W. Piazza Drive Meridian, ID 83646 C. Representative: WH Pacific, Inc. 2141 W. Airport Way Ste. 104 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. Volterra Heights No. 2 H-2017-0040 - 2 - VI. LAND USE A. Existing Land Use(s): The site is currently vacant undeveloped property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by vacant land zoned R4. C. History of Previous Actions: In 2010, the property was granted preliminary plat approval for 194 single-family lots, 22 common lots, 7 commercial lots and 3 office lots (RZ-10-004, PP-10-005). In 2016, the property was granted final plat approval of the second phase consisting of 28 single-family lots and 7 common lots (H-2016-0095). VII. STAFF ANALYSIS The applicant is requesting to modify the final plat approved with file #H-2016-0095. The original plat included a total of twenty-eight (28) buildable lots. The applicant now wishes to eliminate two (2) of t he buildable lots in order to increase the size of the lots. Further, the modification is desired so the boundary of the plat coincides with a subsequent phase. Per UDC 11-6B-3C, the applicant has ability to reduce the number of buildable lots and still remain consistent with the approved preliminary plat. Staff recommends approval of the requested changes to the final plat as depicted in Exhibit C and in accord with all of the conditions of approval associated with H-2016-0095. VIII. EXHIBITS A. Vicinity Map B. Approved Final Plat C. Proposed Final Plat D. Approved Landscape Plan Volterra Heights No. 2 H-2017-0040 - 3 - A. Vicinity Map Volterra Heights No. 2 H-2017-0040 - 4 - B. Approved Final Plat Volterra Heights No. 2 H-2017-0040 - 5 - C. Proposed Final Plat Volterra Heights No. 2 H-2017-0040 - 6 - D. Approved Landscape Plan Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7N PROJECT NUMBER: H-2017-0037 ITEM TITLE: Avebury Subdivision Final Order for Avebury Subdivision (H-2017-0037) by AD800, LLC Located North Side of E. Pine Avenue, West of N. Locust Grove Road MEETING NOTES �✓i A P F R 0 V E 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR AVEBURY SUBDIVISION H-2017-0037 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C APRIL 18, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO AVEBURY SUBDIVISION FINAL PLAT TO MEET THE REQUIREMENTS OF STORM DRAINAGE. BY: AD800, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0037 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on April 18, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Avebury Subdivision final plat to meet the requirements of storm drainage, subject to the conditions of approval in the attached Staff Report for the hearing date of April 18, 2017, incorporated by reference. Attached: Staff Report for the hearing date of April 18, 2017 By action of the City Council at its regular meeting held on the �L day of /1 4 V , 2017. pRPTEDgbG �0 ', By: Tammy de W4/eridian City of Mayor, City Attest: (-�1 E IDIAIV Z C�AHO � SEAL C. A'ay Col, City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �f 49Le� Dated: 3 l ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR AVEBURY SUBDIVISION H-2017-0037 Page 2 of 2 Avebury H-2017-0037 - 1 - STAFF REPORT Hearing Date: April 18, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Avebury Subdivision - MFP (H-2017-0037) I. APPLICATION SUMMARY The applicant, AD800, LLC, has requested approval of a modification to the Avebury Subdivision final plat to construct additional storm drainage in an existing common lot. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit A. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017- 0037, as presented during the hearing on April 18, 2017. Denial After considering all Staff, Applicant, and public testimony, I move to de ny File Number H-2017- 0037, as presented in the staff report for the hearing date of April 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I mo ve to continue File Number H-2017- 0037 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV.APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the north side of E. Pine Ave.; west of N. Locust Grove Road, in the northeast ¼ of Section 7, T. 3N., R. 1E. B. Applicant/Owner: AD800, LLC 408 S. Eagle Road Ste. 103 Eagle, ID 83616 C. Representative: Breckon Land Design P. O. Box 44465 Garden City, ID 83714 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. Avebury H-2017-0037 - 2 - VI. LAND USE A. Existing Land Use(s): The site is currently vacant undeveloped property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by City and County residences zoned R-4, R-15 and R1 in Ada County. C. History of Previous Actions: In 2015, the property was rezoned from L-O to R-15 and granted a preliminary plat approval for 15 single-family lots and five common lots (RZ-15-008, PP-15-007). In 2016, the property was granted final plat approval for 14 single-family lots and 4 common lots (H-2016-0108). VII. STAFF ANALYSIS The applicant requests approval to modify the final plat in order to accommodate additional storm water drainage as required by ACHD. ACHD required the modifications to the final plat so that the storm drainage is maintained on a common lot. The applicant’s proposal adds a common lot (Lot 16, Block 1) along the east boundary to accommodate the storm drainage as required by ACHD. Further, the applicant has consolidated two (2) of the common lots (Lots 6 and 7, Block 1) into a single common lot (Lot 6, Block 1) as part of the modification; the number of buildable lots has not changed with the request. Because the number of buildable lots has not changed and the amount of common open space has increased, Staff finds that the plat is generally consistent with the previously approved final plat. Staff recommends approval of the requested changes to the final plat as shown in Exhibit D and E. VIII. EXHIBITS A. Vicinity Map B. Approved Final Plat C. Proposed Final Plat D. Approved Landscape Plan E. Proposed Landscape Plan Avebury H-2017-0037 - 3 - A. Vicinity Map Avebury H-2017-0037 - 4 - B. Approved Final Plat Avebury H-2017-0037 - 5 - C. Proposed Final Plat Avebury H-2017-0037 - 6 - D. Approved Landscape Plan Avebury H-2017-0037 - 7 - E. Proposed Landscape Plan Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 70 PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement for Contribution to City of Meridian Tour Buddy Computer Application and the Historic Preservation Commission with the Meridian Downtown Business Association 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 AGREEMENT FOR CONTRIBUTION TO CITY OF MERIDIAN TOUR BUDDY COMPUTER APPLICATION AND THE HISTORIC PRESERVATION COMMISSION WITH THE MERIDIAN DOWNTOWN BUSINESS ASSOCIATION This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CITY OF MERIDIAN TOUR BUDDY COMPUTER APPLICATION AND THE HISTORIC PRESERVATION COMMISSION ("Agreement") is made this _Ly day of Apr, ( , 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), the City pf Meridian's Historic Preservation Commission ("HPC") and Meridian Downtown Business Association ("MDBA"), an association of businesses primarily located in the downtown business district of the City of Meridian. WHEREAS, City and MDBA desire that partnership be formed between the City, HPC, and the MDBA to create and supply a Computer Application through the company Tour Buddy ("TOUR BUDDY APP") for a parallel use for the app to provide a tour experience using the Historic Meridian Downtown Walking Tour and a co -located tour highlighting members of the MDBA; WHEREAS; the APP is being constructed currently and will be ready to launch in May of 2017; and WHEREAS; the intent of the parties is to co -locate their respective tours jointly, neither parry is responsible for the content of the others'; and WHEREAS; both parties agree that they will only modify, change, remove, amend, or otherwise address the content that is theirs in the APP; WHEREAS; neither party is a co-sponsor of the content of the app by the partner entity and is not responsible for the Ianguage, offers, discounts, or promotions of the others'; and WHEREAS, MDBA is willing to contribute to City on annual basis fifty percent 50% of the annual maintenance cost for the APP, beginning on or after October 1, 2017; 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, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. APP production. Between the effective date of this Agreement and September 30, 2017, City agrees to provide MDBA with access to the APP to allow them to upload their content; B. Invoice MDBA. Upon renewal of this Agreement for October 1, 2017 and thereafter on an annual basis the City shall provide one (I) invoice to MDBA by March 1, in the amount of fifty percent (50%), of the annual maintenance fee for the continuation of the AFP (for March of 2018 it is currently anticipated to be five hundred dollars ($500.00)) Any increase in the cost of the maintenance shall be communicated to MDBA as soon as possible prior to MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CITY OF MERIDIAN TOUR BUDDY COMPUTER APPLICATION AND THE HISTORIC PRESERVATION COMMISSION WITH THE MERIDIAN DOWNTOWN BUSINESS ASSOCIATION PAGE 1 OF 3 March 15, annually. II. MDBA'S RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MDBA shall provide payment to City in the amount of ten thousand dollars ($10,000.00). B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDBA's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDBA governing board for such purpose. Failure to appropriate the funds shall be grounds for termination of this Agreement. III. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2017 and may be renewed annually thereafter. B. Ownership of the APP. The Tour Buddy App is the intellectual property of the CITY and the CITY has the right to continue with the APP at its sole choosing, with or without the MDBA as a partner, in accordance with the termination clause below. C. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDBA: Meridian Downtown Business Association City Clerk O c� Grove , Board President ATTN: Arts & Culture Specialist ADDRESS 33 E. Broadway Avenue Meridian ID 53642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. D. Entire agreement; modification, This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. E. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, non -appropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest, by providing thirty (30) days written notice. If MDBA is the terminating parry, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. If City is the terminating parry, MDBA shall be entitled to reimbursement for a pro -rata share of MDBA's contribution for any concerts that have not been presented at the time of termination. MEMORANDUM OF AGREEMENT FOR CONTRI13LMON TO CITY OF MERIDIAN TOUR BUDDY COMPUTER APPLICATION AND THE HISTORIC PRESERVATION CONMSSION WITH THE MERIDIAN DOWNTOWN BUSINESS ASSOCIATION PAGE 2 OF 3 F. 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. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Lav, The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, and State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of November, 2017. MERIDIANDOWNTOWNBUSINESS ASSOCIATION '' yy 610HATURE (v1Gk Gfod2I Tn rP* eAt DYIPRM knniP'.Tau:� CITY OF MERIDIAN: o�QoRATEDAUO& Attest: m of o w Tamm ' de Wee , ayor IDAHp � P, SEAL Clerk ASLMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CITY OF MERIDIAN TOUR BUDDY COMPUTER APPLICATION AND THE IllSTOIUC PRESPRVATION COMMISSION WITHTHL• NIERIDIANDOWNTOWN BUSINESS ASSOCIATION PAGE 3 OF 3 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7P PROJECT NUMBER: ITEM TITLE: Irrigation Crossing Agreement with the Bureau of Reclamation at the Farr and Mcbirney Laterals for the Lake Hazel/Locust Grove Roads Waterline Extension MEETING NOTES t ; r pp h Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 of 2 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: BRENT BLAKE DATE: April 27, 2017 SUBJECT: IRRIGATION CROSSING AGREEMENT WITH THE BUREAU OF RECLAMATION AT THE FARR AND MCBIRNEY LATERALS FOR THE LAKE HAZEL/LOCUST GROVE ROADS WATERLINE EXTENSION REQUESTED COUNCIL DATE: May 1, 2017 I. RECOMMENDED ACTION A. Move to: 1. Approve the crossing agreement with the Bureau of Reclamation. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Brent Blake, Project Manager 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 III. DESCRIPTION A. Project This project entails the construction of approximately 8,400-feet of new water main along S. Locust Grove Road and E. Lake Hazel Road. The design of the waterline shows that three irrigation facilities must be crossed during the construction phase. The irrigation facilities are owned by the Bureau of Reclamation and operated by Boise Project Board of Control. Therefore, a fully Page 2 of 2 executed agreement between the City of Meridian and the Bureau of Reclamation is needed prior to initiating construction. IV. IMPACT A. Strategic Impact: The agreement will allow the City to construct and maintain the above described waterline and provide necessary water infrastructure to valued customers. Extension of the waterline is in direct alignment with the Public Works mission to anticipate, plan, and provide exemplary public services and facilities that support the needs of a growing community. B. Fiscal Impact: No Costs (FY2017) V. ALTERNATIVES A. The Council could decide to not approve the agreement contract which would result in the cancelation of the project. VI. TIME CONSTRAINTS Time is of the essence with regard to Council’s approval due to the need for water services at the future South Meridian Regional Park located on the south side of E. Lake Hazel Road. Additionally, the construction of the irrigation facility crossings must be complete prior to March 15, 2018. VII. LIST OF ATTACHMENTS A. Agreement documents with exhibits. Approved for Council Agenda: ______________ Date RETURN TO: - Contract No. 7-07-11-L3845 Bureau of Reclamation Attn: MSF 6125 230 Collins Road Boise, ID 83702 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Arrowrock Division, Boise Project, Idaho CONSENT TO USE THIS CONSENT TO USE, hereinafter referred to as Consent, made the day of 2017, pursuant to the Act of Congress June 17, 1902 (32 Stat: 388; 43 U.S.C. §391), and act a endatory thereof or supplementary thereto, collectively referred to as the Federal Reclamation Laws, specifically, Section 10 of the Reclamation Project Act of 1939 (53 Stat. 1196), between the UNITED STATES OF AMERICA, hereinafter called the United States, by and through the Bureau of Reclamation, Department of the Interior, hereinafter referred to as Reclamation, and CITY OF MERIDIAN, hereinafter referred to as Consentee. WITNESSETH, THAT: WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho, the United States, pursuant to Federal Reclamation Laws, constructed, operates, and maintains certain irrigation works hereinafter referred to as the Farr Lateral and McBirney Lateral; and WHEREAS, said Farr Lateral and McBirney Lateral, are operated and maintained by the Boise Project Board of Control, hereinafter referred to as the Board, under a repayment contract with the United States; and WHEREAS, the Consentee desires the United States to give consent to construct, install, operate and maintain a 12 inch water main pipeline, under and across the Farr Lateral and McBirney Lateral; and WHEREAS, the proposed use has been reviewed and determined to be compatible with project purposes. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do mutually agree as follows: CONSENT AND LEGAL Subject to the terms and conditions of this Consent, the United States does hereby consent to the Consentee, or its agents, installation, operation and maintenance of a 12 inch water main pipeline in a 24 inch steel casing crossing in three locations; across the Farr Lateral on the north side of Lake Hazel Road and east of Locust Grove Road, located in a portion of the Slh of Section 32, Township 3 North, Range 1 East; across the Farr Lateral on the east side of Locust Grove Road and north of Lake Hazel Road, located in a CTU: 7-07-11-L3845, City of Meridian Page 1 of 8 portion of the SW'/4 of Section 32, Township 3 North, Range 1 East; and across the McBirney Lateral on the east side of Locust Grove Road and north of Lake Hazel Road, located in a portion of the SWI/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, and shall be installed in the manner and at the locations shown on the attached Exhibits A, B, C, and D, by this reference made a part hereof. 2. SUBJECT TO FEE OWNER APPROVAL Unless the Consentee is the underlying fee owner, this Consent is subject to Consentee securing approval of the underlying fee owner to cross or use the identified portion of Reclamation's right of way. By executing this document the Consentee acknowledges this notice and assumes all liability, if any, in this regard. FEES The Consentee has provided an application to obtain this Consent in conformance with Title 43 of the Code of Federal Regulations, Part 429 and a payment of $100.00 for the application fee and $330.00 for administrative fees is hereby acknowledged. C�1v* I The term of this Consent is to be perpetual from the date of this document, subject to the terms and conditions herein. SPECIAL STIPULATIONS Consentee agrees that the construction, installation, operation and maintenance (O&M) shall be conducted as follows: a. The Consentee shall notify the Board at least seven (7) days prior to beginning construction work. b. Consentee's structures shall be constructed, operated and maintained by the Consentee without cost to the United States or its assigns, and in such a manner as to cause no interference with the normal operation of project facilities. All construction, reconstruction and maintenance work performed by the Consentee upon the premises of the United States shall be undertaken only at times, according to plans, and in a manner satisfactory to the authorized official. C. All backfill placed in the facility or its embankments shall be placed and compacted to the satisfaction of the authorized official. The facility and appurtenant structures shall be restored by the Consentee to a condition at least as good as before the work was accomplished. d. This Consent is limited to the crossing, construction, installation, operation and maintenance of a 12 inch water main pipeline in 24 inch steel casing crossing in three locations; across the Farr Lateral on the north side of Lake Hazel Road and east of Locust Grove Road, located in a portion of the SIh of Section 32, Township 3 North, Range 1 East; across the Farr Lateral on the east side of Locust Grove Road and north of Lake Hazel Road, located in a portion of the SWI/4 of Section 32, Township 3 North, Range 1 East; and across the McBirney Lateral on the east side of Locust Grove Road and north of Lake Hazel Road, located in a portion of the SWI/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian. In accordance with Idaho Code section 42-1102, et seq, additional encroachments onto the right of way by CTU: 7-07-11-1,3845, City of Meridian Page 2 of 8 public or private roads, utilities, fences, gates, pipelines, structures, or other construction or placement of objects, need specific written permission from the United States or its successor or assign. Encroachments of any kind placed in such right of way without express written permission shall be removed at the expense of the person or entity causing or permitting such encroachment upon the request of the owner of the right of way. e. Any alteration in design of the facilities to be constructed, or any alteration, modification, or reconstruction of facilities, once the original work is accepted by Reclamation, its successors or assigns, must be approved in writing prior to commencing any work on facilities in the area subject to this Consent. 6. UNRESTRICTED ACCESS The United States officers, agents, and employees shall at all times have unrestricted access and ingress to, passage over, and egress from all of said lands, to make investigations of all kinds, dig test pits and drill test holes, to survey for and construct reclamation and irrigation works and other structures incident to Federal Reclamation Projects, or for any purpose whatsoever. Reclamation will make every reasonable effort to keep damages to a minimum. HOLD HARMLESS The Consentee agrees to indemnify the United States for, and hold the United States and all of its representatives harmless from, all damages resulting from suits, actions, or claims of any character brought on account of any injury to any person or property arising out of any act, omission, neglect, or misconduct in the manner or method of performing any construction, care, operation, maintenance, supervision, examination, inspection, or other activities of the Consentee. PROTECTION OF UNITED STATES INTERESTS The Consentee shall construct, operate, and maintain its structures in a good workmanlike manner, as determined by Reclamation, to ensure that the authorized uses are compatible with the Reclamation purposes for which the land rights were acquired, and to protect the interests of the United States. The Consentee shall insure compliance with all laws, regulations, and orders of the United States, and any other public authority affecting such works. 9. TERMINATION This Consent, a use authorization, will terminate and all rights of the Consentee hereunder will cease, and the Consentee will quietly deliver to the United States possession of the premises in like condition as when taken, reasonable wear and damage by the elements excepted: a. At the end of the term of this Consent. b. Reclamation may, at any time and at no cost or liability to the United States, if Consentee fails to comply with any of the terms and conditions hereof, or upon mutual agreement of all parties. C. The United States, acting through Reclamation, Department of the Interior, reserves rights to construct, operate, and maintain public works now or hereafter authorized by the Congress without liability for termination of the use authorization or other damage to the Consentee's activities or facilities. CTU: 7-07-11-L3845, City of Meridian Page 3 of 8 d. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent in the event of a natural disaster, a national emergency, a need arising from security requirements, or an immediate and overriding threat to public health and safety. e. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent, for activities other than existing authorized private exclusive recreational or residential use as defined under 43 CFR § 429.2 if Reclamation determines that any of the following apply: i. The use has become incompatible with authorized project purposes, project operations, safety, and security; ii. A higher public use is identified through a public process described at 43 CFR § 429.32(a)(1); or iii. Termination is necessary for operational needs of the project. f. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if Reclamation determines that the Consentee has failed to use the use authorization for its intended purpose. Further, failure to construct within the timeframe specified in the terms of the use authorization may constitute a presumption of abandonment of the requested use and cause termination of the use authorization. g. Reclamation may, at any time and at no cost or liability to the United States, terminate this Consent if the Consentee fails to comply with all applicable Federal, State, and local laws, regulations, ordinances, or terms and conditions of any use authorization, or to obtain any required permits or authorizations. 10. NOTICES a. Notices served under this Consent shall be in writing and may be delivered by personal delivery; via recognized delivery services such as United Parcel Services (UPS) or Federal Express (FedEx); or by deposit in the United States Mail, postage prepaid, as certified mail, return receipt requested, and addressed as follows: UNITED STATES Deputy Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702 (208) 383-2200 CONSENTEE Mayor City of Meridian 33 E. Broadway Ave Meridian, ID 83642 (208) 376-7330 Manager Boise Project Board of Control 2465 Overland Road Boise, ID 83705 (208) 344-1141 b. Any notice delivered by personal delivery shall be deemed received by the addressee upon actual delivery. Any notice delivered by certified mail or delivery service shall be deemed received by the addressed on the third business day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this paragraph. This paragraph shall apply where notice is required under this Consent, and no specific requirements are set forth. Where this Consent provides for a specific notice in a different manner, the more specific requirements shall prevail. CTU: 7-07-11-L3845, City of Meridian Page 4 of 8 C. The parties hereby designate the Deputy Area Manager of the Snake River Area Office, Bureau of Reclamation; Manager of the Boise Project Board of Control; and the Mayor of the City of Meridian, as their respective authorized representative for this Consent. These individuals shall have authority to take any action allowed or required under this Consent, on behalf of their employer. The parties may change their designated representatives at any time by giving notice of such change in accordance with this Article. 11. INCREASED COSTS If the construction, operation, or maintenance of any or all of such structures and facilities of the United States across, over, under, or upon said right of way should be made more expensive by reason of the existence of improvements or works of Consentee thereon, such additional expense is to be estimated by the Reclamation, whose estimate is to be final and binding upon the parties hereto. Consentee will make payment thereof to the United States or any of its successors or assigns within (30) days after demand is made upon Consentee for payment of any such sums. As an alternative to payment, Consentee, at its sole cost and expense and within the time limits established by the United States, may remove or adapt its facilities constructed and operated by it on said right of way to accommodate the aforementioned structures and facilities of the United States. Consentee shall bear any costs incurred by the United States occasioned by the failure of Consentee to remove or adapt its facilities within the time limits specified. 12. REMOVAL OF STRUCTURES Upon expiration, termination, or revocation of the Consent, the Consentee shall remove all structures, equipment, or other improvements made by it from the premises at no cost to the United States. Upon failure to remove any such improvements within sixty (60) days of expiration, termination, or revocation, any remaining improvements shall, at the option of the United States, be removed or become the property of the United States. The Consentee shall pay all the expenses of the United States, or its assigns or successors, related to removal of such improvements. 13. DISCOVERY OF CULTURAL RESOURCES The Consentee shall immediately provide an oral notification to Reclamation of the discovery of any and all antiquities or other objects of archaeological, cultural, historic, or scientific interest. The Consentee shall follow up with a written report of their finding(s) to Reclamation within forty-eight (48) hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins, human remains, funerary objects, and artifacts discovered as a result of activities under this authorization. The Consentee shall immediately cease the activity in the area of the discovery, make a reasonable effort to protect such discovery, and wait for written approval from Reclamation before resuming the activity. Protective and mitigative measures specified by Reclamation shall be the responsibility of the Consentee. 14. HAZARDOUS MATERIALS a. The Consentee may not allow contamination or pollution of Federal lands, waters, or facilities. The Consentee has the responsibility for care, operation, and maintenance by its employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. Substances causing contamination or pollution shall include, but are not limited to, hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers, or any other pollutants. CTU: 7-07-11-L3845, City of Meridian Page 5 of 8 b. The Consentee shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and directives and standards, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored, or disposed of, on or, in Federal lands, waters, or facilities. C. "Hazardous material" means any substance, pollutant, or contaminant listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et sea., and the regulations promulgated pursuant to that Act. d. Upon discovery of any event which may or does result in contamination or pollution of Federal lands, waters, or facilities, the Consentee shall initiate any necessary emergency measures to protect health, safety, and the environment and shall report such discovery with full details of the actions taken to Reclamation. Reporting may be within a reasonable time period. A reasonable time period means: within twenty-four (24) hours of the time of discovery if it is an emergency, or by the first working day if it is a non- emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering public health and safety or the environment. e. Violation of any of the provisions of this Article, as determined by Reclamation, may constitute grounds for termination of this Consent. Such violations require immediate corrective action by the Consentee and shall make the Consentee liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected as a result of the violation. f. The Consentee agrees to include the provisions contained in paragraphs (a) through (e) of this Article in any subcontract or third -party contract it may enter into pursuant to this Consent. g. Reclamation agrees to provide information necessary for the Consentee using reasonable diligence, to comply with the provisions of this Article. 15. THIRD PARTY RIGHTS This Consent is granted subject to all rights previously acquired by third parties. 16. SEVERABILITY Each provision of this Consent shall be interpreted in such a manner as to be valid under applicable law, but if any provision of this Consent shall be deemed or determined by competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or invalid as to the remainder of such provision or any other remaining provisions, or of this Consent as a whole. 17. BINDING The provisions of this Consent shall apply to, and bind, the successors and assigns of the parties hereto, but no assignment or transfer of this Consent or any part or interest therein shall be valid until approved by Reclamation. CTU: 7-07-11-L3845, City of Meridian Page 6 of 8 18. OFFICIALS NOT TO BENEFIT No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon. written. IN WITNESS WHEREOF, the parties hereto have executed this Consent the day and year first above CONSENTEE B Title Nat lor UNITED STATES OF AMERICA By Melanie J. Paquin Deputy Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702-4520 t. This Consent has been considered and is hereby approved by the Boise Project Board of Control the day of , 2017. By 0,v Tim Page, Ma ger ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of Ada ) h On the : day of 2017, personally appeared before me, the undersigned notary, Tim Page , known to me to be the official of the Boise Project Board of Control who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said Board, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in anJ for the State of Idaho�� "" Residing at fv�,�(41 (m My commission expires 0 11:%1 � Page 7 of 8 ACKNOWLEDGEMENT STATE OF IDAHO ) )ss County of —( ) --�-' �Op the day of , 2017, personally appeared before me 1 Gl m rn �E' W G2 , to me 1 vn to be the official of the City of Meridian, that execute"e within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0 09608@0 N& •ilo /� • •j.A• ;9 LIC •® - - - p ®• •e• OF IDA •• •••ease•• STATE OF IDAHO ) )ss County of Ada ) kk: Notary Public in and for the State of Idaho Residing at My commission expires - ACKNOWLEDGEMENT On the day of , 2017, personally appeared before me 9LANIE PAQt =�; A)IN —o me known to be the official of the United States of America that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 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Naz y 1 N I. 01, a CLhi O C Q O 0 1 -o O o eSo� :3-D z m .. . A 0 N N ozz AF(p MIN Nzw I &TAR/ LANE im II D g.q S¢ g i7.� pY 6lil'i'll ~u' P/L ir $ ga'� �YEs3e NN Nm ti "ggg� 0> 0-0 O o x N C O Na z 7F ({ 1587 t7 2. •_' O z '�CY0.SGRI SSI O 6 j u Ge) = r" CITY OF MERIDIANNO. REV ISIONS� ryJECT PR ITEM WE 6023 ^ " ^ _ T �`� pp�ONm CIVIL SURVEY CONSULTANTS, INC. S5jOW LOCUST GROVE AND LAKE HAZEL x� WATERLINE coxst7L�rc ENGINEERs AND r.Arm SU1tvE7roRs Yt1624 EXTENSION �9f`�°'` ° LOCUST GROVE WATERLINE PLAN 2893 S. MERIDIAN ROAD MERIDIAN, 642 o 0 O '�Y �P _ a - STA. 221+00 TO MARY LANE ll"" <312 - - MPRrnrEU J, PEI.. Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7Q PROJECT NUMBER: ITEM TITLE: Equipment Parking Agreement with Retail West Properties (RWP) Meridian LLC. for Public Works Week Expo 2017. MEETING NOTES 9 ij k! I �. E Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 of 2 Mayor Tammy de Weerd City Council Members: Joe Borton Keith Bird Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Katey Jones, EIT – GIS Analyst DATE: April 24, 2017 SUBJECT: Equipment Parking Agreement with Retail West Properties (RWP) Meridian LLC. for Public Works Week Expo 2017 I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary License Agreement for equipment parking with RWP Meridian LLC 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Katey Jones, PWW Expo Chair 489-0385 Jared Hale, PWW Expo Sub-Chair 489-0370 Garrick Nelson, PW Staff Engineer 489-0358 Susie Deardorff, PW Admin Division Manager 489-0361 II. DESCRIPTION A. Background This year, as in years past, we have coordinated with the owner of the empty dirt lot at 502 N. Main Street, to park a piece of heavy equipment with a sign advertising the upcoming Public Works Week Expo. The term of the agreement is from May 23 rd to June 10 th , 2017. Page 2 of 2 IV. IMPACT A. Strategic Impact: By having the equipment and sign out the Friday before the event, we hope to inform the public that Public Works Week is starting, and get them excited to join us for the Expo on June 8th . B. Fiscal Impact: Temporary License Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the Temporary License Agreement with RWP Meridian LLC, making it so we would be unable to advertise the event in this manner. VI. TIME CONSTRAINTS Council’s approval will allow for the timely return of the signed license agreement to RWP Meridian LLC. VII. LIST OF ATTACHMENTS A. Temporary License Agreement (Parking) Approved for Council Agenda: ______________ Date TEMPORARY LICENSE AGREEMENT THIS AGREEMENT made and entered into this _ day of /M4 Y , 2017, by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City", and RWP Meridian LLC, hereinafter called "RWP". WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to publicize the event in the downtown Meridian area, and WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would accommodate public parking and a piece of heavy equipment upon which City could attach a temporary sign, and WHEREAS, RWP is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of the property for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, RWP hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 502 North Main Street, Meridian, Idaho. The property subject to this agreement is generally depicted on Exhibit A (referred to herein as the "licensed premises"). 2. TERM OF AGREEMENT This temporary license is granted for a term to begin on May 23, 2017 and expiring on June 10, 2017. 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to parking of one piece of heavy equipment, such as a tractor, upon which the City may affix a temporary sign. City agrees to comply with all applicable regulations for parking heavy equipment and the placement of temporary signs pursuant to the laws and regulations of the City of Meridian and any other governmental authority with appropriate jurisdiction. Temporary License Agreement 4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for restoration or repair of the licensed premises necessitated by damage caused by City's use under this Agreement. INDEMNIFICATION AND INSURANCE To the extent permitted by law, City hereby agrees to defend and hold RWP 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 maintenance, use, and occupancy of the licensed premises by City, its invitees, agents, and employees. If any claim, suit or action is filed against RWP for any loss or claim described in this paragraph, City shall defend RWP and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however RWP shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to save and hold harmless RWP. In the event the insurance minimums of the Idaho Tort claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 6. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To RWP: RWP Meridian LLC 199 North Capitol Blvd. #300 Boise, ID 83702 To City: City of Meridian City Clerk 33 East Broadway Meridian, ID 83642 B. Notice shall be either delivered or sent by certified 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. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. Temporary License Agreement - 2 - 7. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to RWP in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. 8. APPROVAL BY CITY COUNCIL REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. Attest: C. JW Coles, City Clerk RWP Meridian By:_ Its: X11 CITY OF MERIDIAN By: Tammy,e eerd, Mayor Temporary License Agreement - 3 - EXHIBIT "A" Parcels to be used: R10090000360; 810390000340 Temporary License Agreement - 4 - Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7R PROJECT NUMBER: ITEM TITLE: Mini Heavy Equipment Rodeo Agreement with Coastline For Public Works Week Expo 2017 MEETING NOTES L✓i 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 Page 1 of 2 Mayor Tammy de Weerd City Council Members: Joe Borton Keith Bird Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Katey Jones – GIS Analyst DATE: April 24, 2017 SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH COASTLINE FOR PUBLIC WORKS WEEK EXPO 2017 I. RECOMMENDED ACTION A. Move to: 1. Approve the License and Indemnity Agreement with Coastline for the Mini Heavy Equipment Rodeo 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Katey Jones, PWW Expo Chair 489-0385 Jared Hale, PWW Expo Sub-Chair 489-0370 Garrick Nelson, Staff Engineer 489-0358 Susie Deardorff, PW Admin Division Manager 489-0361 III. DESCRIPTION A. Background For the past four years the Mini Heavy Equipment Rodeo has been a focal point of the Public Works Week Expo. This year, we are working primarily with Coastline to keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo. IV. IMPACT Page 2 of 2 A. Strategic Impact: The City Hall east parking lot will be closed for the expo and the mini heavy equipment rodeo. The rodeo will take place in the center of the parking lot, and will be roped off using traffic cones and caution tape. The equipment will be live and operational, so it can be quickly moved, if necessary. B. Fiscal Impact: License and Indemnity Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the License and Indemnity Agreement with Coastline; this will prevent the Mini Heavy Equipment Rodeo at City Hall. VI. TIME CONSTRAINTS Council’s approval will allow for the timely return of the signed license agreement to Coastline. This will allow Coastline to prepare properly for the Mini Heavy Equipment Rodeo. VII. LIST OF ATTACHMENTS A. License and Indemnity Agreement (Rodeo) Approved for Council Agenda: ______________ Date LICENSE AND INDEMNITY AGREEMENT with Coastline Equipment for the 2017 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT is made this day of, 2017 ("Effective Date"), by and between Coastline Equipment whose address is 2000 E. Overland Road, Meridian, Idaho (hereinafter "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 8, 2017 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City Hall east parking lot (referred to herein as the "Property"); and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: Up to two mini excavators will be on site for the public to test their skills at operation of the equipment in a competition setting. The setup will include plastic swimming pools filled with water and a "fishing" competition with the bucket and arm of the excavator. The area of operation will be delineated with traffic candles and caution tape for public safety. B. Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit "A" attached hereto and incorporated herein. C. Term of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 8, 2017, along with sufficient time to set up and tear down immediately before and after the time period set forth herein. II. INDEMNIFICATION; INSURANCE. A. Indemnification. In consideration of Licensee's fee -free access to and use of Property, LICENSEAND IDEMNITYAGREEMENT Page 1 of 5 Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph and shall file such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As -is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. LICENSE AND IDEMNITYAGREEMENT Page 2 of 5 F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current condition of the Property. I11. GENERAL PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable law, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any tern, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. 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 by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department Attn: Katey Jones 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Coastline Equipment 2000 E. Overland Road Boise, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. LICENSE AND IDEMNITYAGREEMENT Page 3 of 5 F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and farther shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. I. Applicable 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. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LICENSEE Coastline Equipment Bob Nemec Branch Manager CITY OF MERIDIAN: G Tammy de Werd, Mayor Attest Ci Clerk (� IL�ttv v LICENSE AND IDENINITYAGREEMENT Page 4 of 5 SAMPLE COASTLINE EQUIPMENT PARTICIPANT LIABILITY WAIVER CO A TLI NE 2000 East Overland Road, Meridian, m 83642 MAN Equipment l (208) 886-3337 Phone JOHN DEERE (208) 888-3088 Fax 001a than Jerons a * Lake Fork Liability Release Form Name of Business or Organization, Coastline Equipment and City of Meridian Activity or Event- City of Meridian Public Works Exposition Equipment Rodeo Participant's Name (Printed) I understand that participation in the above Activity or Event may be hazardous for the above-named participant. In signing below, I assume risk of harm or injury which may occur to the participant as a result of participating in the above-named event or activity. I hereby release (business or organization name) Coastline Equipment and the City of Meridian and their officers, employees, or agents from any liability, costs and damages resulting this individual's participation. If the participant is a minor I agree that the minor has my consent to participate in the event or activity. also give my consent forthe business or organization to seek emergency treatment for the minor if necessary, and I agree to accept financial responsibility for the costs relatedto this emergency treatment. Participant's signature 1 Date Name of Parent or Guardian 1 Signature of Parent/Guardian / Date LICENSE AND IDEMNITYAGREEMENT Page 5 of 5 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7T ITEM TITLE: / 7- X16 PROJECT NUMBER: Resolution No.: A Resolution Declaring the Intent to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located near the SE Corner of E. Pine Avenue and N. Main Street; and Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1-7 — � l 6 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES A PORTION OF CERTAIN REAL PROPERTY LOCATED NEAR THE SE CORNER OF E. PINE AVENUE AND N. MAIN STREET; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of 44 square feet of certain real property from the City to the District for right-of-way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located near the SE corner of N. Main Street and E. Pine Avenue, as legally described in the attached Exhibit A. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY -PAGE 1 of 5 Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. Section 3. That the City Cleric is hereby instructed to publish a summary for this declaration of intent, and establish a public hearing date to review the proposal to convey the real property in the form set forth in Exhibit B. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2017. ADOPTED by the City Council of the City of Meridian, Idaho, this 2nd day of May, APPROVED by the Mayor of the City of Meridian, Idaho, this 2nd day of May, 2017. APPROVED: C. ID Iq W Mayor Ta de Weerd ATTEST: By: C& Col , City Clerk RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 2 of 5 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 3 OF 5 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 4 OF 5 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 5 OF 5 EXHIBIT B SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN : On the 2nd day of May, 2017, the City Council of the City of Meridian approved Resolution No. ___________ declaring the intent of the City to convey to the Ada County Highway District approximately 44 square feet of real property located near the SE corner of N. Main Street and E. Pine Avenue in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property without consideration because it is in the City’s best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, June 6, 2017 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. Publish: 19 th day of May, 2017 C.JAY COLES, CITY CLERK Meridian City Council Meeting DATE: Mav 2,2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Approval for Finance to Pay Vendor Payments of $397,899.42 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 7U DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ADA COUNTY PARAMEDICS 220/AHA Instructor manuals for G. Wardien - Qty 8 290.95 01 General Fund ADA COUNTY PARAMEDICS 220/AHA Manuals for S. Warren & Z. Mason - Qty 16 621.90 01 General Fund ADA COUNTY PROSECUTOR DR16-4599, 15% of $825.00 from Auctioned Vehicle, CR# 29786 123.75 01 General Fund ADA COUNTY PROSECUTOR DR16-7517, 15% of $1390.00 in Awarded Cash, CR#29787 4/26/17 208.50 01 General Fund AMERICAN LUNG ASSOCIATION of the Mountain Pacific Refund, STAND Donation To MYAC, Not Participating FY17 375.00 01 General Fund ASSOC OF IDAHO CITIES Registration, 5 Finance Employees, Spring District Meeting, 175.00 01 General Fund ASSOC OF IDAHO CITIES Registration, S. Siddoway, 2017 AIC Conference, Boise ID, 6/ 295.00 01 General Fund BILL SCHULER Per Diem, W. Schuler, NFA Course-Cultural Competence in Risk 442.50 01 General Fund BOISE FITNESS EQUIPMENT 220/Repair treadmill @ St. 4 340.00 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St 5, detergent, towels 179.24 01 General Fund BRADY INDUSTRIES, LLC.220/St. 2 Truckwash & Janitorial 327.26 01 General Fund BRADY INDUSTRIES, LLC.220/Truckwash & Janitorial for ST. 1 375.67 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Alignment after Ramming Incident for Unit # 524 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Cabin Air Filter for Unit # 99 89.56 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires and Front Brakes for Unit# 524 1,133.46 01 General Fund BSN SPORTS, INC.football & soccerball giveaways for 2017 Unplug Be Outside;4 148.85 01 General Fund CABLE ONE 112461900, Cable Service City Hall, 4/15/17-5/14/17 36.75 01 General Fund CHIEF SUPPLY CORPORATION Fingerprint Kits for New Patrol Cars - Qty 6 407.43 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES Printing Bookmarks for Substance Abuse, Impound Reports 929.16 01 General Fund CLIMA-TECH CORPORATION Moved the Thermostat in 2nd Flr Data Room @ PD 157.50 01 General Fund CLOVERDALE NURSERY topsoil for Chateau Park - qty 3 yards 54.00 01 General Fund CLOVERDALE NURSERY topsoil for Chateau Park - qty 4 yards 72.00 01 General Fund CLOVERDALE NURSERY topsoil for Storey Park - qty 3 yards 54.00 01 General Fund COMPOST WEST, INC compost for Gordon Harris Park - qty 130 2,080.00 01 General Fund COMPOST WEST, INC compost for Kleiner Community Garden - qty 25 475.00 01 General Fund CROP PRODUCTION SERVICES grass seed for Storey Park - qty 2 152.00 01 General Fund D & B SUPPLY Dog Food for K9 Randy 44.09 01 General Fund D & B SUPPLY Spray Paint for Hillsdale Park Groundbreaking 4/7/17 - Qty 2 0.02 01 General Fund DILLABAUGH'S FLOORING AMERICA Repair Flooring Problem in Mens Locker Room @ PD 175.00 01 General Fund ELITE EXTRICATION & EQUIPMENT 220/Annual TNT Rescue Equipment Service 3,900.00 01 General Fund ENHANCED TELECOMMUNICATIONS Kleiner security camera upgrade at restroom building 261.56 Date: 4/27/17 11:23:26 AM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund FLAHERTY CUSTOM HOMES Refund, C-SHELL-2016-0008, Partial Police Impact Fee & Fire 715.68 01 General Fund FOUR SEASONS SPA & POOL, LLC chlorinator for Generations Plaza water feature x 1 119.95 01 General Fund H.D. FOWLER COMPANY credit on sewer grade ring for Storey Park - qty 1 (30.77) 01 General Fund H.D. FOWLER COMPANY irrigation fittings for Storey Park - qty 10 6.70 01 General Fund H.D. FOWLER COMPANY sewer grade ring for Storey Park - qty 1 62.44 01 General Fund HALE INDUSTRIES INC 220/Prev Mtnc Ice Machine 1,064.75 01 General Fund HALE INDUSTRIES INC 220/Prev Mtnc on Ice maker, St. 4 181.90 01 General Fund HILAREY JOHNSON instructor fee - Martial Arts 3/7-4/7/17 - qty 20 604.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for A. Catic 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for C. Dozier 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for D. Gomez 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for G. Kortan 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for K. York 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for L. Sunada 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for M. Payne 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for R. Allison 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for R. Ellis 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for R. Rhoades 25.00 01 General Fund IDAHO ASSOC OF SCHOOL RESOURCE OFFICERS IDASRO Membership for S. Harper 25.00 01 General Fund IDAHO POWER 2205054725, Police Power April 2017 -2,734.27 01 General Fund INSIGHT PUBLIC SECTOR, INC.Apple 9.7-inch iPad Pro Wi-Fi + Cellular Tablet 32GB 9.7 680.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas April 2017 3,692.66 01 General Fund JAYKER WHOLESALE NURSERY plants for roundabout islands at Settlers Park - qty 113 861.35 01 General Fund JAYKER WHOLESALE NURSERY plants for Settlers Park planter beds - qty 46 357.70 01 General Fund JOHN S OVERTON Expense Report, J. Overton, IAAI Training Conference, Las Ve 25.00 Date: 4/27/17 11:23:26 AM Page: 2 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund KEN WELBORN Expense Report, K. Welborn, IAAI Training Conference, Las Ve 25.00 01 General Fund LAETITIA CAMPBELL Per Diem, L. Campbell, WSHNA Training Conference, Portland O 224.00 01 General Fund LEGACY FEED & FUEL 220/One Stihl MS 461 Rescue chainsaw 1,133.92 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications, April 2017, 268238-5 1,054.03 01 General Fund MARY E GEAGAN 17-0088, 16-0362, Growing Together professional svs 1,000.00 01 General Fund MARY E GEAGAN 17-0133 Health Sciences & Tech professional services 2,125.00 01 General Fund MCDOWELLS SPECIALTY REPAIRS Sunvisor Tint on New Windshield for UNit #11 20.00 01 General Fund MERCER HEALTH & BENEFITS 17-0060, Health & Benefits Consulting April 2017 4,166.67 01 General Fund MERIDIAN CHAMBER of COMMERCE 4/18/17 Meridian Chamber luncheon for S. Siddoway 15.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, R. Simison, Government Affairs Committee Meeting, 12.00 01 General Fund MERIDIAN TREE SERVICE INC tree trimming at Fire Station #2 1,175.00 01 General Fund MERIDIAN TREE SERVICE INC tree trimming at Fire Station #4 600.00 01 General Fund MERIDIAN TREE SERVICE INC tree trimming at Fire Station #5 700.00 01 General Fund MERIDIAN TROPHY Employee Longevity Name Plates for R. Cunningham & B. Day 25.00 01 General Fund MINUTEMAN, INC.keys for Community Center - qty 6 21.60 01 General Fund OFFICE DEPOT, INC.Bandages, Knee/Elbow, Co 5.78 01 General Fund OFFICE DEPOT, INC.Highlighter, Pckt, 12pk, Ass Mousepad, Wristrest, Gel 14.19 01 General Fund OFFICE DEPOT, INC.Mouse, Wireless M325, Blac 16.66 01 General Fund OFFICE DEPOT, INC.Rubberbands & Gold Seals - Qty 3 6.74 01 General Fund OFFICE TEAM Temp Position - A. Kulig, Week Ending 4/7/17, 15 Hours 277.35 01 General Fund OXARC, INC.220/Medical Oxygen - Qty 2 16.30 01 General Fund PAIGE MECHANICAL GROUP, INC.220/Disconnect broken water fountain & cap line, St. 1 195.00 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for rental tractor for Kleiner Community Garden 8.00 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for Skidsteer 28.60 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank 3 235.64 01 General Fund PAUL'S MERIDIAN STINKER emissions test on 1997 Ford Taurus license C14033 15.00 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 14 51.02 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 5 83.02 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 67.89 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 16 62.91 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 17 75.83 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 18 & equipment 20.51 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 25 83.16 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 31 & Storey equipment 56.44 Date: 4/27/17 11:23:26 AM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 71.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 6 68.99 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 7 48.20 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Storey golf cart 5.63 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for truck 30; diesel for Skidsteer 83.80 01 General Fund PLATT lamp for Community Center light - qty 1 10.55 01 General Fund PLATT lamps for Community Center lights - qty 35 161.95 01 General Fund PLATT Lamps for gym lights for Homecourt - qty 122 558.76 01 General Fund PLATT Tube Lights for the K9 Building - Qty 30 78.60 01 General Fund PORTAPROS, LLC 220/PortaPotty rental, 4-7 to 4-13, 2017 for Training Burn 50.25 01 General Fund PORTAPROS, LLC 220/rent porta potty for training burn 85.00 01 General Fund PRO FORCE LAW ENFORCEMENT Evidence Crime Scene Lights - Qty 2 184.00 01 General Fund SHERI DOYLE-STASZEL instructor fee - JumpJive,PreschoolFun/Plus 2/21-4/6/17 x 33 894.40 01 General Fund SIGNS, ETC 220/City training, CPR Program, AED Stickers, Qty 24 115.20 01 General Fund SIGNS, ETC Name sign for PW Directors door 22.00 01 General Fund SILVER CREEK 8th Street Park electrical grounding parts - qty 2 33.33 01 General Fund SILVER CREEK pop-up sprays for all parks - qty 450 364.05 01 General Fund SILVER CREEK ribbon cables for Maxicom cell phones - qty 6 160.38 01 General Fund SONNTAG RECREATION INC Kleiner playground repair parts - qty 17 845.80 01 General Fund SPECIALTY CONSTRUCTION SUPPLY drain bags for Storey Park - qty 2 84.00 01 General Fund SPORTSMANS WAREHOUSE Binoculars for Detectives - Qty 2 254.98 01 General Fund SPORTSMANS WAREHOUSE Binoculars for Impact Team/Detectives - Qty 8 1,019.92 01 General Fund SPORTSMANS WAREHOUSE Pants, Qty 2, for New Hire - T. Koehler 89.98 01 General Fund SUMMERWIND SKIPPERS INC jump rope giveaways for 2017 Unplug & Be Outside x 20 60.00 01 General Fund SUNBELT RENTALS manlift rental for City Hall flagpole repair 4/7/17 203.60 01 General Fund SUNBELT RENTALS Skidsteer rental for Bark Park rock 4/6-4/7/17 319.41 01 General Fund TATES RENTS (GENERAL OFFICE)220/Sheetrock panel lift, rented for training 45.00 01 General Fund TATES RENTS (GENERAL OFFICE)220/Trailer to haul training supplies to training burn 74.56 01 General Fund TATES RENTS (GENERAL OFFICE)Kleiner Echo trimmer repair 40.00 01 General Fund TATES RENTS (GENERAL OFFICE)mulch blades for Settlers John Deere 1600 mower - qty 7 135.51 01 General Fund TATES RENTS (GENERAL OFFICE)tractor rental for tilling Kleiner Community Garden 4/6/17 346.69 01 General Fund TATES RENTS (GENERAL OFFICE)trash pump rental for Settlers Splash Pad 4/5-4/8/17 144.00 01 General Fund THE COBLE COMPANY Award Ribbons for PD - Qty 33 422.13 01 General Fund THE COBLE COMPANY Soft Badges for shirts & Coats - Qty 300 782.00 01 General Fund THE TURF CORPORATION sod for Storey Park along Franklin Road - qty 2600 710.00 Date: 4/27/17 11:23:26 AM Page: 4 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund TOBIN JONES Jacobsen 548 PTO Driven Seeder/Aerator 3,350.00 01 General Fund TONY FORD Per Diem, T. Ford, WSHNA Training Conference, Portland OR, 5 224.00 01 General Fund TURF EQUIPMENT & IRR., INC.drag attachments for Toro 3040 - qty 3 3,287.00 01 General Fund UNIFORMS 2 GEAR Replace Damaged Pants for M. Price 82.50 01 General Fund VLCM Misc Charges Lot# 214821-390670-1 297.38 01 General Fund VLCM ShoreTel IP485G Speakerphone 297.38 01 General Fund WEIDNER & ASSOCIATES 220/PPE, 24 True Fit Hoods 1,076.22 01 General Fund WEIDNER & ASSOCIATES 220/Repair on SCBA Compressor 785.15 01 General Fund WESTERN SPECIALTIES, INC.door hardware for Tully Park - qty 3 432.67 01 General Fund WINEGLASS ARTS DEVELOPMENT, INC.17-0271, MAC 2017 Concerts On Broadway Production Services - 5,000.00 01 General Fund WW GRAINGER, INC 220/Fluorescent light bulbs, Qty 108 196.56 01 General Fund WW GRAINGER, INC 220/Traffic cones, qty 12 197.64 01 General Fund WW GRAINGER, INC 220/Wedge Anchors, pkg of 50 28.06 01 General Fund YOUNG REMBRANDTS instructor fee - Elementary Drawing 3/13-4/10/17 x 3 132.00 Total 01 General Fund 62,908.27 07 Impact Fund MATERIALS TESTING & INSPECTION 17-0279, Testing & Inspection Services for Reta Huskey Park, 387.00 Total 07 Impact Fund 387.00 20 Grant Fund governmental BOISE METRO DIGITAL PRINTING CDBG Senior Resource Guide PY2015 - Qty 925 2,500.00 20 Grant Fund governmental CITY OF BOISE - CITY PRINT & MAIL SERVICES Printing Bookmarks for Substance Abuse, Impound Reports 446.90 Total 20 Grant Fund governmental 2,946.90 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Analytical Contract Services 5,282.00 60 Enterprise Fund AWWA-AMERICAN WATER WORKS ASSN AWWA membership renewal for W Stewart, 00559072, 7/1/17-6/30 215.00 60 Enterprise Fund BACKFLOW SUPPLY Supplies 80.66 60 Enterprise Fund BENJAMIN A. LINDSEY Refund, 4655071002, Wat/Sew/Trash, 1779 E Daulby St, Custome 102.81 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS Replaced CC Scanner at Station #1 87.72 60 Enterprise Fund BOISE RIGGING SUPPLY Safety harness 639.39 60 Enterprise Fund BOLEN'S CONTROL HOUSE Secondary clarifier parts for stock 196.73 Date: 4/27/17 11:23:26 AM Page: 5 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0219, SCADA Support for Well 31, 2/25/17-3/31/17 712.50 60 Enterprise Fund CAREER UNIFORMS 2 Shirts and vest for Al Christy 76.15 60 Enterprise Fund CAREER UNIFORMS Summer cap sample 13.00 60 Enterprise Fund CH2M HILL ENGINEERS, INC 16-0179, Well 23 Test/Production design service 2/25-3/31/17 7,829.79 60 Enterprise Fund CH2M HILL ENGINEERS, INC 16-0277, 17-0182, WWRF PLC4 & Reuse PLC Upgrades - Final Inv 6,824.87 60 Enterprise Fund COASTLINE EQUIPMENT COMPANY Equipment Rental, Base Loader, 1/23/17-2/26/17 2,874.30 60 Enterprise Fund COASTLINE EQUIPMENT COMPANY Equipment Rental, Base Loader, 2/27/17-3/24/17 2,928.30 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Part to bring control of gate into SCADA 174.00 60 Enterprise Fund CSS GROUP Lift Station Maintenance 193.82 60 Enterprise Fund CUES Cable assy; pig tail 12 pin; cable assy motor & trans for 4,407.72 60 Enterprise Fund CUES Part to repair camera transporter transmission on CCTV Van 1 434.28 60 Enterprise Fund DIGLINE, INC.Line Wat/Sewer Maintenance 1,763.01 60 Enterprise Fund DREW DOWSETT Refund, 0550020402, Wat/Sew/Trash, 665 E Painted Hills Dr, C 64.45 60 Enterprise Fund E C POWER SYSTEMS Building Maintenance 341.50 60 Enterprise Fund E C POWER SYSTEMS Well Maintenance & Repair 1,418.63 60 Enterprise Fund E C POWER SYSTEMS Well Maintenance & Repairs 3,915.48 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Syringe filters 640.76 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. New Vehicle Labor & Supplies for Installation 2,953.98 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. New Vehicle Parts & Labor 2,953.98 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. New Vehicle Parts & Labor for Installation 2,953.98 60 Enterprise Fund FERGUSON ENTERPRISES INC.Equipment 1,920.20 60 Enterprise Fund FERGUSON ENTERPRISES INC.Equipment Supplies 157.73 60 Enterprise Fund FERGUSON ENTERPRISES INC.Line Wat/Sewer Repair 2,485.79 60 Enterprise Fund FERGUSON ENTERPRISES INC.Parts to install new 2 inch water line with shut off & drain 847.71 60 Enterprise Fund FIRE EXTINGUISHER CO Labor & parts for annual fire extinguisher testing & repairs 1,824.78 60 Enterprise Fund GOBLE SAMPSON ASSOCIATES, INC.SS cover protection plate, casing protection plate, radial 2,139.14 60 Enterprise Fund GRANITE EXCAVATION, INC 16-0323, Five Mile Trunk relief, service to 2/28/17 31,035.36 60 Enterprise Fund HACH COMPANY Service contract for UVAS sensors & LDO probes 7,244.92 60 Enterprise Fund HAZEL ASPHALT, LLC Line Wat/Sewer Repair 2,816.00 60 Enterprise Fund HD SUPPLY WATERWORKS Line Wat/Sewer Repair 5.94 60 Enterprise Fund HD SUPPLY WATERWORKS Line Wat/Sewer Repairs 54.48 Date: 4/27/17 11:23:26 AM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund IDAHO RECOVERY SPECIALIST Towing for Vehicle, Lic# C14229 80.00 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas April 2017 9,051.43 60 Enterprise Fund JOHN & KARA ENGLUND Refund, 0815132504, Wat/Sew/Trash, 4039 N Legacy Woods Ave, 77.95 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svc 3/1-31/17 Beniton office-1 sheet inv#1 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svc 3/1-31/17 Dollar Tree 1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svc-3/1-31/17 S.Meridian YMCA/Hills Cent Farm 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 2/1-3/31/17 Goldengrove Sub 9 sheets 2,340.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 2/1-3/31/17 Oaks So.Sub#5-8 sheets 2,080.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 2/1-3/31/17 Southridge phs#3-8sheets 2,080.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 2/1-3/31/2017 Roundtree Pl.Sub-3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 3/1-31/17 Driven Auto-1 sheet;inv#1 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 3/1-31/17 Maverick 2 sheets inv#1 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs 3/1-31/17 Movado Rd Imp-3 sheets inv#1 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs-2/1-3/31/17 NW Neuro Hlth Svc-1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs-2/1-3/31/17 TM Crosssing H20 line-3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs-3/1-31/17 Citadel 4-2 sheets inv#1 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs-3/1-31/17 Laurels Townhs Sub 1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0018 QLPE Svcs-3/1-31/17 Whiteacre Sub#2-1 sheet inv#1 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.Consturction Standards Drawings service 1/1-3/31/17 316.25 60 Enterprise Fund KEMIRA WATER SOLUTIONS, INC 17-0090 Pax-14 12,796.50 60 Enterprise Fund LEIF & SHANNON CHASTAINE Refund, 0909019404, Wat/Sew/Trash, 114 W Cornell Ct, Custome 53.80 60 Enterprise Fund LYTLE SIGNS, INC PWW 2 yard signs 24.00 60 Enterprise Fund LYTLE SIGNS, INC Yard signs for Public Works Expo - Qty 17 403.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135, WRRF Capacity Expansion, service 3/20-4/2/17 1,688.40 60 Enterprise Fund McCALL INDUSTRIAL 3/4 inch x 1 inch SS nipple & 3/4 inch close nipple 6.10 Date: 4/27/17 11:23:26 AM Page: 7 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund McCALL INDUSTRIAL 3/4 inch x 1 inch SS nipple, 1-1/4 inch x 6 inch SS nipple & 38.60 60 Enterprise Fund McCALL INDUSTRIAL Nipple, elbow, close nipple 66.60 60 Enterprise Fund MCLERAN WELL DRILLING, LLC 17-0148, 17-0261, Well 15A Reconstruction Phase 1 -Final Inv 32,983.00 60 Enterprise Fund METROQUIP, INC.Water spray hand gun for camel hydrocleaner C16390 246.64 60 Enterprise Fund MODERN PRINTERS Printing & Binding 721.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 16-0229, Tertiary Crane Design, service thru 3/24/17 1,080.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 16-0322,WRRF Centrate Modifications, service through 3/24/17 7,795.75 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0218, WRRF Boise River outfall Pump Desitn, 3/24/17 30,996.50 60 Enterprise Fund NATURES CHOICE Grounds Maintenance 1,500.00 60 Enterprise Fund O'REILLY AUTO PARTS Extension, hex bits set 52.97 60 Enterprise Fund O'REILLY AUTO PARTS Manhole pullers for vactor truck C19957 19.98 60 Enterprise Fund OFFICE TEAM Contract labor week ending 4/21/17, Riann Melton, 37.25 hrs 694.34 60 Enterprise Fund OFFICE VALUE - MERIDIAN Office Supplies 50.03 60 Enterprise Fund OXARC, INC.17-0057, Soduim Hypocholorite Delivery - Qty 1181gl 1,967.03 60 Enterprise Fund OXARC, INC.Well Maintenance & Repair 666.77 60 Enterprise Fund PACIFIC BACKFLOW 17-0080, Backflow Device Testing - Qty 26 575.00 60 Enterprise Fund PACIFIC BACKFLOW 17-0080, Backflow Device Testing - Qty 8 184.00 60 Enterprise Fund PACIFIC BACKFLOW Backflow repair 15.00 60 Enterprise Fund PLATT Building Maintenance, Light Bulbs for Admin Bldg - Qty 12 58.56 60 Enterprise Fund PLATT Parts to install 2 inch water line with shut off & drain at 5.86 60 Enterprise Fund PLATT Parts to install No Access Sign 86.33 60 Enterprise Fund PLATT Parts to replace bad ballast at open bay storage #2 94.57 60 Enterprise Fund PLATT Return lithonia surface mount (58.05) 60 Enterprise Fund POLLARDWATER.COM Credit for Tax Charge (15.03) 60 Enterprise Fund POLLARDWATER.COM Line Wat/Sewer Repairs 284.84 60 Enterprise Fund RONALD & LISA KERN Refund, 2404185402, Wat/Sew/Trash, 1260 N Rutledge Pl, Title 141.21 60 Enterprise Fund RYAN & ALLISON STALEY Refund, 0909901404, Wat/Sew/Trash, 1517 W Crescent Ct, Title 33.59 60 Enterprise Fund SHERWIN-WILLIAMS CO.Well Maintenance & Repair, Paint - Qty 11 98.89 60 Enterprise Fund SHERWIN-WILLIAMS CO.Well Maintenance & Repair, Paint - Qty 16 187.64 60 Enterprise Fund SIGNS, ETC No Access sign 221.54 60 Enterprise Fund SIMPLEX GRINNELL Service contract to test & inspect fire alarm & sprinkler 449.23 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Equipment Rental 368.50 Date: 4/27/17 11:23:26 AM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Post to install No Access Sign 100.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC 2in PVC 80 Socket x socket elbow 12.40 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Bushing, close nipple, adapter & cap 28.70 60 Enterprise Fund STATEFIRE DC SPECIALTIES, LLC Labor & parts to repair alarm at dewatering bldg 375.00 60 Enterprise Fund STATEFIRE DC SPECIALTIES, LLC Labor to repair ground fault issue with fire system panel at 127.50 60 Enterprise Fund STATEFIRE DC SPECIALTIES, LLC Labor to replace horn/strobe on alarm @ chemical feed bldg 149.32 60 Enterprise Fund SUSIE DEARDORFF Per Diem, S. Deardorff, PNCWA Public Communications Camp, Tr 80.00 60 Enterprise Fund WESTERN STATES EQUIPMENT CO 17-0207, Purchase of Front End Loader, S/N H2400214 109,850.00 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor & parts to replace battery in vactor truck C19957 409.28 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Registration, 5 Employees, Load Bank Training, Meridian ID, 618.00 60 Enterprise Fund WW GRAINGER, INC 2 inch socket x male thread cam-lok coupling 63.00 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 monthly copier lease for Mar 2017 156.60 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for Mar 2017 157.15 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080, Monthly Lease 3/17 & Additional Copies 2/28-4/3/ 845.15 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741285 monthly copier lease for Mar 2017 265.97 Total 60 Enterprise Fund 331,657.25 Report Total 397,899.42 Date: 4/27/17 11:23:26 AM Page: 9 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7V PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10014.F to Keller Associates for the "WELL 32 PUMPING FACILITIES DESIGN" project for a Not -To -Exceed amount of $89,920.00. 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 Page 1 Memo To: C.J Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Dean Stacey Date: 4/27/2017 Re: May 2 nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 2nd City Council Consent Agenda for Council’s consideration. Approval of Task Order 10014.F to Keller Associates for the “WELL 32 PUMPING FACILITIES DESIGN” project for a Not-To-Exceed amount of $89,920.00. Recommended Council Action: Award of Task Order 10014.F to Keller Associates, Inc. for the Not-To-Exceed amount of $89,920.00 Thank you for your consideration. City of Meridian Purchasing Dept. TASK ORDER NO. 10014.E Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (CITY) AND KELLER ASSOCIATES (ENGINEER) This Task Order is made this 'day of1, 2017 and entered into by and between the City of Meridian, a municipal corporation organi ed under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (Keller Associates, Inc.), hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 1A) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10014.E is as follows: u;. f 1 ► Well 32 Facilities Design SECTION 1 - PROJECT UNDERSTANDING The City has installed Test Well 32 and intends to drill Production Well 32 and construct a new well production facility to provide additional water supply for the south Meridian area. Work on the production well is expected to start this winter and be completed by others before April of 2017. Significant expansion is expected in the coming years and additional water supply will be necessary to provide adequate domestic supply as well as fire flows. The Engineer shall provide professional services related to the design of the new pumping facility and site improvements. The well is located in a field approximately 1,100 feet west of 388 West Harris Street in Meridian, Idaho. All building and site improvements shall be approved by the Greycliff Subdivision Homeowners Association (HOA). It is anticipated the well building may have more architectural features than a basic well house in order to conform to HOA requirements and to generally match surrounding planned home architecture. It Is anticipated preliminary building, site and landscape plans will have to be submitted to the HOA for review and approval prior to the completion of the production well. This scope assumes the production facility will be a standard well house facility. Any required treatment or blending facilities (if needed) will be designed and constructed in the future as a separate task order. The City water distribution system is expected to be available for connection to this facility by the time the pumping facility construction is complete. A new flush line will part of the design. This flush line will convey water to an onsite detention pond with an offsite flush line to a canal or irrigation ditch. 1'age 1 of 10 Task Order 10010 WELL 32 FACHA TILS DENGN KELLER ASSOCIATES The project will consist of (1) Preliminary design of the well house facility including submittal of preliminary engineering report to the ldaho Department of Environmental Quality and responding to agency comments.(2) Coordinating the exterior design of the facility and landscaping with lhe developer or Architectural Committee.(3) Completion of final design and preparing a construction document package for City's use in obtaining bids for construction of the well house facility. Major Tasks The Engineer will perform the following tasks on the Well Produclion Facility Proiect at Well 32: Task 1 - Poject Management and Administration Task 2 - Survey and Mapping Task 3 - Preliminary Engineering Report Task 4 - Design for 50%, 90% and 100o/o Submittal Task 5 - Bidding Assistance Task 6 - Agency Coordination and Permitting sEcTtoN 2 -OWNER INFORMATION. RESPONS lBlLlTlES and PROJECT A SSUMPTIONS 1. The City will provide to the Engineer the following for Well 32: a. Water quality information for Well 32 from the June 2016 test well construction. Water quality testing to also include a total chlorine demand test. b. Pump test information for Well 32 including recommended design flow rates and draw down. c. Complete water system modeling and recommend design discharge pressure. d. A legal description for the existing Well 32 lot. e. Provide SCADA l/O standards and guidance to the Engineer on the requirements of lhe instrumentation and controls and SCADA systems for the project.f. Standard City PLC specifications for incorporation into the project.g. Standard City equipment list to be incorporated into the project. h. Secure access to the site for surveying.i. Provide Title Reports for all properties that will be encroached upon by the proposed project.j. Provide City GIS mapping for the project area. 2. The City will provide the following during any bidding or procurement process: a. All bidding and contract documents including, bul not limited to, advertisement for bids, bid forms, contacts/agreements, condition of the contract, award, bonding and insurance requirements. Task frcr l00l4.f WELL 32 FACILITIES DESICN KELLER ASSOCIATES Page 2 of l0 b. lncorporate the Engineer's technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction and startup of the well production facility. c. The city will advertise (and pay for adverlisement costs) and distribute the Bidding and Contract Documents lo prospeclive bidders. d. city will administer the bid process, including issuing addenda and chairing the pre-bid meeting. e. Following a review of the bids received for the construction of the well production facility, the City will award and execute a conkact with the successful bidder. 3. The City will: a. Provide ongoing review of the Engineer's work and timely consideration of design issues within a time acceptable to the City and the Engineer. b. Pay for all permits and fees needed for the project. c. Provide project manager to serve as a liaison wilh other City departments and divisions to facilitate the project reviews and approval process. d. Coordinate with ldaho Power for new electrical service. e. Obtain required permit for flush discharging into canal or ditch. 4. Assumptions: a. The new well production facility will consist of a well building and onsite detention pond with off-site flushing pipe to a ditch or canal discharge point. No treatment or mixing facilities will be included, however, consideration in the site layout will be provided to add future treatment facilities. b. Well 32 will produce approximately 2,000 gpm. c. All flushing water trom the well will be disposed of onsite in a new detention pond, and / or a flush line to a local canal and ditch. An outflow control box and gravity overflow will be designed to connect to existing irrigation canal. City will coordinate with the canal company and perform necessary permitting for connection to existing irrigation system.d. Liquid Sodium Hypochlorite storage will be needed inside the well building.e. Stormwater will be stored onsite in swales or the detention pond.f. lt is assumed that a fire suppression (sprinkler) system will not be required.g. A new electrical service will be provided at the site capable of accepting the electrical loads associated with the demands for equipment, building, and associated appurtenances. City will assist in coordination with ldaho Power for new service. h. Well electrical controls will include SCADA controls in accordance with Meridian's control system standards. Design of well electrical controls for SCADA will be by Engineer or their sub-consultant in accordance with City standards.i. Programming, startup, and SCADA integration will be provided by the Engineer or their sub-consultant in a future task order during the construction phase of this project.j. Engineer will provide design with the City of Meridian's asset management nomenclature included. k. No environmental investigations or permitting, other than those specifically listed in Task 6 will be required.l. Consultant shall be entitled to rely, without need for independent verification, on the accuracy and completeness of information provided by Owner, Owner's consultants and contractors, information from public recrrds, and information ordinarily or customarily Page 3 of l0 TEsk Ordcr l00l4.f WELL 32 FACILITIES DESIGN KELLER ASSOCIATES SECTION 3-SERVICES TO BE PE RFORMED BY ENGINEER Research and Utility Request: Research available land monuments, plats, records of survey, righlof-ways, and recorded easements on the project site. Contact utility companies prior to survey via DigJine to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field, or located by the utility or Owner. Survey Control: Establish survey control at the site and along the outfall line alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.l.S. system, and vertical control based on NAVD 1988. Right-of-ways (ROWs) will be established and shown on the base map using Ada County G.l.S. data. Any land monuments will be located and shown where found from visual observations during the fleld survey. Well lot lines will be developed from field measurements and recorded plat information- TBM's: Establish temporary construction benchmarks (T.B.M.'s) at two locations on the well lot. Task 1: Project Management and Administration The Engineer will provide project management and administration required for this Task Order. lt is anticipated that the effort will include overall project planning, management, scheduling, coordination of efforts, internal design team meetings, and the day-to-day administrative tasks. The project management budget assumes six (6) months of design and bidding services. Tr.rk Ordcr l00l4.f WELL 32 FACILITIES DESIGN KELLER ASSOCIATES Page 4 of l0 furnished by others, including, but not limited to specialg contractors, manufacturers, suppliers, and publishers of technical standards. m. Gonsultant's opinions of probable cost represent Consultant's judgment as an experienced and qualified design professional. Since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Owner's and other contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable cost prepared by the Consultant. n. There will be one bid package and a single bid process. o. Traffic conkol plans and ACHD permitting will not be required. 5. Construction Services a. Services during construction of the well production facility are not included in this Scope of Work. A separate scope of work and associated budget will be prepared after the bidding of the construction of the well production facility. Deliverables for this Task o Detailed invoices Task 2: Survey and Mapping The Engineer will provide lopographical survey and prepare base mapping for lhe design of the well production facility at the proposed well sile evaluated in the 2016 Well 32 Concept Layouts Technical Memorandum. lt is anticipated that the effort will include: . Production Well location stake: Survey and install a stake showing the requested location of the Production Well.. Topographic Survey: Complete topographic survey as previously described herein. For the purposes of lhis scope and fee proposal, it is assumed that survey will include existing observable features such as building corners, sidewalks, fences, edge of roadways, pbwer poles, and utility boxes, found property pins, and structures. Existing utilities shail be located to the extent that they are visibly marked by the utility companies.o Base Mapping: Prepare topographic mapping in Civil 3D 2016 at a,l" = 20' scale, Z2"x34". Topographic features will be depicted using accepted the Engineer standard symbols. Topographic features will be shown on the design plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utitities, edge of pavement, face of curb, sidewalks, skiped roadway centerline, guard rails, signal poles, signs, mail boxes, face of retaining walls, telephone risers, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on Project. Property lines will be shown based on Ada County G.l.S. mapping. Contours at one-haff foot (1/2') intervals will be generated. Deliverables for this Task . Base mapping pdf wilh O.S-foot contours intervals of the project site, including existing utilities that are identified by Dig-tine and/or City Staff. Task 3: Preliminary Engineering Report The Engineer will prepare a preliminary engineering report (PER) for the facility in compliance with ldaho Department of Environmental Quality (lDEe) rules IDAPA s8.01.08, seition 503. A conceptual design for a well house will be developed and reviewed in a workshop meeting with the City. The workshop will address: . Building and equipment layout and equipment selection. Site layoutr 30% design drawings:o Title Sheeto Site Civil Plano Design Criteriao P&lD o Building Layout & Concept Floor Plano Building Elevation. Operation and mainlenance considerationso Site source power evaluation The results of the workshop will be developed into a PER for City and IDEQ review. The PER will identify design criteria, site constraints, code requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and conkol of the facility. A geotechnical report for use in footingffoundalion and stormwater facility design will be completed and included in the PER. A general building and equipment layout plan will be included. A conceptual level cost estimale will also be provided in the PER. Six (6) copies of the PER will be submitted to the City for initial review. Following the City's review, the report will be updated and provided to the City for submission to the IDEQ as the Preliminary Page 5 of l0 Task Ordcr lml4.f WELL 32 FACILITIES DESTCN KELLER ASSOCIATES Engineering Report for agency review. The Engineer will incorporate applicable IDEQ comments and publish a final PER to IDEQ and the City. Deliverables for this Task . Draft PER for City Review. Final PER for City and IDEQ Approval Task 4: Design lor 50o/o,907o and 100% Submittal The Engineer will prepare civil, mechanical, electrical, architec,tural and structural design and lrePare plans and specifications for the construction of a well production facility at Well 32. The facilities included in the design will be as described in the PER from Task 3. DLsign elements will include the following: 1. Electrical power and controls for the new well facility. lt is assumed the new facility will be equipped with variable frequency drives, automatic transfer switch, and standby power.2. CMU buildings to house the new well, with the ability to expand footpdnt in the iuiure for a - treatrnent facility (if applicable), and blending facilities (if applicable).3. Lighling, heating, and ventilation for the new facility. Lighting is assumed to be industrial, chemically resistant fluorescent lighting. Heating is assumed to be ceiling-mounted industrial electrical space heaters. Ventilation will be provided bywall and ceiling vents. Cooling is assumed to be provided by a split-coil air-conditioning unit.4. On-site yard piping improvements needed for the new production facility.5. on-site detention pond for well discharge storage with off-site flush line in approved easement. Subtask4.l: 50% Desion The. Engineer will develop preliminary design plans based on the approved pER. The preliminary design plans will include a site plan, building floor plan, piping and equipment plan, building elevations, and preliminary electrical and mntrol plan. The s0% design package will include preliminary technical specifications (not including architectural, mechinical or electricall and a preliminary Opinion of Probable Construction Cost. Deliverables: . 50o/o Complete preliminary design plans, six (6) copies at half-size (1 1,'x17") to City. . Preliminary Opinion of Probable Construction Cost. o Attend a 50% design workshop to review documents with the City. Drawings and specifications will be submitted to the City for review and approval at 50%, 90% and 100% completion. Up to six (6) hard copies of the 50% and 90% submitta[s will be provided to the city, and ten (10) sets of the '100% submittal, plus an electronic copy (pDF and AutocAD in accordance with GIS Standard) of the 100% submittal, will be provided to the City. The City wi1 submit final drawings and specifications to the lDEe for review and approval. An engineerb opinion of probable construclion cost will be updated and submitted wiih the 90% doiuments. The City may require up to ten days for review of the g0o/o submittal and IDEQ will require up to 42 days for review of the 100% submittal. Task Ordcr l00l,l.f WELL l2 FACILITIES DESTON KELLER ASSOCIATES Page 6 of l0 Prepare preliminary architeclural building phn, sile plan and landscaping plans for submittal to the HOA for review and approval. Subtas k 4.2: 90% Aoencv Rev iew Desion. Plans and ifications The Engineer will finalize design of structures, equipment, major plant piping, process, site plan to allow final detailing of the same during the 100% design activities. Specific activities, and work products from 90% design including the following: Civil o Finalize building and major site element horizontal locations.. Finalize floor/control levels and finished grades.e Define contractor staging, storage, and off-site access corridors.o Finalize on-site detention pond sizing, layout and design.. Prepare site grading, drainage, landscape planso Prepare yard piping and drain layouts.. Prepare access road revisions to building-. Preparetechnical specifications.. Erosion and sediment control plan in accordance with City of Meridian requirements and standards. Architectural o Finalize building floor plan and elevations for building.. Finalize the structural design concepts for the building.. Review applicable codes for the building with City Building, Plumbing, and Electrical Officials and the Fire Marshal. Complete building and fire code analysis.. Preparetechnicalspecifications. Structural . Complete structural design for new building and selection of materials of construction. Prepare framing plan for building.r Prepare final floor plan for building.. Preparetechnical specifications. Process o Final major equipment sizing calculations.o Coordinate with instrumentation and control system (l&CS) on completion of P&lD's. Mechanica I r coordinate with architeclural and structural team on preparation of building layouto Assemble catalog cuts for all major process equipment. complete equipment data sheets or equipment list on all major equipment items.o Coordinate with l&CS in the finalization of P&lD's.r Finalize ancillary equipment sizing and line sizing calculations (chemical storage, feed and delivery systems, etc.).. Final equipment selection (type, size, weight, and arrangement). Tlst Ordsr l00l4.f WELL 32 FACILITIES DESIGN KELLER ASSOCIATES Page 7 of l0 . Finalize selection of piping materials.. Preparetechnicalspecifications. HVAC/PIumbing . Energy compliance documents for the mechanical systems.. Prepare mechanical specifications as required.. HVAC load calculations and sizing of HVAC systems as required.o Ductwork sizing and layout.o Assist in obtaining approval of mechanical/plumbing documents from reviewing agencies. lnstrumentation and Control . Design control system to current City standard.. Develop P&lD.o Prepare instrumentation and control specifications as required. Electrical . Service load and standby power calculations.o Site lighting.o lnterior lighting.r Power distribution.. Energy compliance documents for lighting systems.. Prepareelectricalspecifications. Quality Control The Engineer will perform quality control (QC) reviews done by a senior engineer to provide an independent review of the 90% design concunent with design submittal to City. 90% Design Workshop The Engineer will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. The Engineer will implement City and agency review comments from the 90% review as warranted. Completion of the final design will include plans, technical specifications, bid schedule and the Engineer's Opinion of Probable Construction Cost. These items will be submitted to the City for bidding purposes. Subtask 4.3: 100% Conkact Document Preparation The Engineer wlll complete final technical contract drawings and specifications for competitive bidding. Key activities during this phase will include: Design ilanagement r Conduct final reviews and incorporate g0% design review comments. Contract Document Completion . Prepare final mnstruction drawings.. Prepare final technical specifications.. Prepare final calculations.. Complete final checking and coordination review, agency permitting compliance reviews. TE k frcr l00l4.f WELL 32 FACILITIES DESIGN KELLER ASSOCIATES Page 8 of l0 lncorporation of Final Review Commente The Engineer will modify the contract documents to reflect all agreed upon 90% review comments from the City, IDEO, and the Engineer's quality conkol review. The final documents will then be provided to the City for submission to the IDEQ for review and approval, These plans will be incorporated into the building permit package in Task 6. Task 5: Bidding Assistance The Engineer will assist the City during the bidding process for the construction of the new well production facility in responding to technical questions from prospective bidders. The City will facilitate the bidding process. The Engineer will assist the City in responding to technical questions that the City is unable to answer through review of the Conhact Documents for City's use in preparation of addenda. Engineer will attend a pre-bid meeting onsite. Deliverables for this Task . Written responses to technical questions submitted during the bidding Task 6: Agency Coordination and Permitting The Engineer will assist the City with agency approval process. The Engineer shall submit the plans, on behalf of the City, specifically limited to the following:. DEQ Plan Approval. Complete the DEQ Checklist and submit copies of the design for review. The Engineer shall address requested changes to the plans and specifications based on their review.. Ctty of Meridian Building Permit. Complete the Building Permit application and submit copies of the design for review. The Engineer will meet with the Building Department to discuss their review of the plans, if necessary. Required comments will be integrated into the plans and resubmitted for review and approval. This process is estimaled to take one (1) month. This excludes revisions that require modification to the base design. Construction Phase Services Services during construction of the well production facility are not included in this scope of work. The Engineer will submit a separate scope and budget for these services prior to the start of construction activities. TIME OF COMP LETION and COM PENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City on or about April 20, 2017. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date 1 Project Management and Administration 2 Survey and Mapping 30 days after NTP for this task s6.610 Task Ord6 l00l4.f WELL 32 FACILITIES DESICN KELLER ASSOCTATES Page 9 of l0 Compensation Ongoing throughout project $8.320 3 Preliminary Engineering Report 60 days after receiving Well 32 pump test results $14,990 4 Design for 60%, 90% and 100% Submittal 30 August, 2017 $48,180 5 Bidding Assistance - Construction of the Well Production Facility Dependent on City's Scheduling $7,200 6 Agency Coordination, Meetings and Permitting Ongoing through Tasks 2 through 9 $4,620 7 Construction Services TBD TBD TASK ORDER TOTAL $89,920 The time and materials, not -to -exceed amount to complete all services listed above for this task order, is eighty nine thousand nine hundred twenty dollars ($89,920.00), No compensation will be paid over the not -to -exceed amount without prior approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and the Engineer's current Rate Schedule, and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services and Payment Schedule. CITY OF MERIDIAN D, MAYOR Dated: --7'/ Approved by Council: Attest, C, Purchasing #pproval BY: KEITf4NfATt§,`PU--r"c�sing Manager City Project Manager q12 -7 7 1'flSk Order 10014f WELL 32 FACIIHIES DE'S16N Kr,,[,Li---R ASSOCIATES KELLER ASSOCIATES, INC. BY, DAVID KIN�ZER, VICE ESIDE Dated: T E 0 A -4- (11 CRY or EPID W , 14AI �Nq 4*,, 0AHa SEAL Depal nit App �Ov, B Y: WARREN STEWART, City Engineer Dated:—..-,. '/ z. 1 117 Page 10 of 10 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A++ Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding N/A N/A I. PROJECT INFORMATION 4/24/2017 12/1/2017 2017 3/29/2017 Public Works Well 32 Pumping Facilities Design V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION 9/24/2014 April 27, 2017 Council N/A VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 3/30/2017 VII. TASK ORDER SELECTION (Project Manager to Complete) Received estimated cost of Task Order, reviewed work breakdown with cost and reviewed with engineer manager. Also compared to previous like contracts and validated that cost were valid and acceptable. N/A Award based on Low Bid Highest Ranked Vendor Selected $89,920 Dean Stacey If yes, has policy been purchased? Engineer - Keller Associates, Inc III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96176 10014.f TASK ORDER 1A RFP / RFQ BID City Of, Moridian statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 3490 - ilater Coltstluction P!oj6ct6 60 - Ent€!p!i!6 Fltrd From 10/1/2016 Th\o[gh 9/30/201'7 Budqet with Amendmen E s Capital Outlay Well +32 capital Total Capital outlay 561,252,!5 561,252.L5 461t 386.29 461,386 -29 Current Year Actuaf Budget Remainioq Percent of Budget Remaining 99,865.86 99, 865.86 11 -19\ 11 -19\ 96t16 DEPT EXPENDITURES TOTAL EXPENDlTURES 561,252.15 567 | 252 .75 451,385.29 461,386.29 99,865. 99, A65 .86 86 11.79t 11 . t9\ Date. 4/24/11 09:05:Ot Au IDSOS Viewing Business Entity Page I of2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summary ] I Get a certificate of existence for KELLER ASSOCIATES. INC, ] I Monitor KELLER ASSOCIATES. INC. business filinqs ] KELLER ASSOCTATES, rNC. 131 SW 5TH AVE STE A N4ERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 02 Oct 2007 Origination/Authorization: Current Registered Agent: ROD J LINJA 131 SW 5TH AVE SUITE A MERIDIAN, ID 83642 Organizational ID / Filing C7752A2 N umber: Number of Authorazed Stock 15000 sharess Date of Last Annual Report: 09 Sep 2016 Annual Report Due: Oct 2Ot7 Original Filing: I Help Me Print/View TIFF ] Filed 02 Oct 2OO7 INCORPORATION View Imaoe f pDF format) rma Amendments: I Helo lvle Print/View TIFF ] Amendment Filed O2 May ARTICLES 2OO8 RESTATET\4 ENT Annual Reports: View Imaoe (PDF format) View Imaoe TIFF format) I Help Me Print/View TIFF ] View Document Online View Document Online D n lin REPO RT REPORT REPORT REPORT REPORT t Report for year 2016 ANNUAL Report for year 2015 ANNUAL Report for year 2014 ANNUAL Report for year 2013 ANNUAL Report for year 2012 ANNUAL View Document Online o lin PD rm View Imaoe (TIFF format) View Document Online View Document Online Report for year 2012 CHNG RA/RO Report for year 2011 ANNUAL REPORT Report for year 2O1O ANNUAL REPORT https ://www.accessidaho.org/public/sos/corpiC I 752 82.html 4/2712017 .ACORD" KELLASS.Ol CERTIFICATE OF LIAB!LITY INSURANCE 01to3t2017 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY Al'iENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLOER. IMPORTANT: It the certlflcate holder is an ADDITIONAL INSURED, the pollcy(les) must have AODITIONAL INSUREO provlslons or be endorsed. lf SUBROGATION lS WAIVED, sublect to the tErms and conditlons ofthe pollcy, certaln policles may.squire an ondoEomont. A slatEment on this csrtificate does not confer rights to the certificats holdgr in llou of such endorsoment(s). rNsu&Et!Is)A!f 9Eq!!!!q!!EE49 E LNURER A : Travelers lndemnity q9 qf Am. rNsuRER B:Travelens lndemnity co !!.r!c8EBA,T@yelelg qasualty and surety rNsuRER p :xL specialty lnsuralcqQQ: 256s8 (20814s4-1114 llcorp,com PROOUCER The Hartwell Corporation PO Box 400 Caldwell,lD 83606 25665 31194 37885 K6ller Associates, lnc. 13i SW sth Ave, Ste A Merldlan, lO 83642 INSURER E INSURERF COVERAGES CERTIFICATE NUMB EVI N MBER THS ]S TO CERTIFY THAT THE POLIC]ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR IHE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREI\4ENT, TERI\,{ OR CONOITION OF ANY CONTRACT OR OTHER DOCUIVENT WTH RESPECT TO WHICH TH]S CERTIFICATE MAY BE ]SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUAJECT TO ALL THE TERI!,IS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LI[4ITS SI]OWN MAYHAVEEEEN REOUCED BY PAIO CLAIMS, POLICY NUMBER LIMITSAODL SUAR 1,000,000 1,000,000 1o,0oo 1,000,000 2,000,000 2,OOO,OOO I $ I PERSONAL AX 12t01t2016 12t01t2017x x 6804H9539s2 AAOVINJURY $ COMMERCIAL GENERAT LIABILITY CLA MS,MAOE X OCCUR cGD38'1 GEryEEAL AGGREGATE PROOUCTS COMP/OPAGG GEN'L AGCREGATE LIMITAPPLIES PER: PoLrcY J( tE& L Loc OTHER EACFi OCQ\]E8E!QE ! DAMAGE TO RENTED PREMISES (Ea oadre@) - $ MEPEIi,IA!ro.€o€rson) t B autoltogrLe Lngruw X ar.,"r euro OV\NEOAIITOSONIYi - r.,rneo. ] AIJTOSONLY ! X CAT353 1,000,000COMB NED S NGLE L MIT X BA-7877L468 C X uiasneLrA rrae X EXCESS LIAB oeo X nererrror $ 4,000,000 4,OOO,OOOcuP-896' X179 10,000 ! 1 2t0't I 20't 6 1 2101 I 201 7 sOCCUR CLALMS MADE EACH OCCURRENCE AGGREGATE C woRxERs coMPENsATroN AND EMPLOYERS' UAAILITY ANY PROPR ETOR/PARTNER/EXECUTIVE OFF CER/MEMBER E^CLUDEOT {Mandalorv in NH) I yes, descnbe lnder DESCR PTION OF OPFRATiONS be ow 12t01t2016 1,000,000 x OTH E8 $ STATUTEY/N N N/A 1210112017 Er EAcFr AccroENr 1,000,000 1,000,000E L DISEASE POLICY LIMIT g D Prolessional Liabili D $100,000 deductiblo 0PR9909212 oPR99092 t2 1210112016'1210'112017 Each Claim 1210112016 1210112017 Aggregate 2,000,000 2,000,000 oEscRlPTroN oF oPERAnONS / LOCAIONS / VEHTCLES {ACORD 1 01 , Addrron.r Romrk. Schedore, my bo rttached lf morc sp.co l3 requlrcd) General Engineering Servjces City of Mo.idian 33 E Broadway Ave Ste 106 Meridian, l0 83642 SHOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN ACCOROANCE WTH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVE X.--X'11,4L CERTIFICA CAN LLAT N O 1988-2015 ACORD CORPORATION. All rights reserved. x xx \x INSUREO 12J0112016 12n112017 eoorlv rr.t.tuny (pe, pe,6onr - BOOILY INJURY (Pg ACCOENU PBOPERTY DAMAGE(o acod r) q ! $ s SCHEOULEO AUTOS IBlott9l,t9 uB-9722Y081 E.r. orseAse, E eMproved s ACORD 25 (2016i03) The ACORD name and logo are registe.ed marks of ACORD COMMERCIAL AUTO THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under lhe following: BUSINESS AUTO COVERAGE FORM cENERAL OESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any iniury, damage or medical expenses described in any of lhe provisions oF this endorsement may be excluded or limited by another endorsemenl to the Coverage Part, and these coverage broadening provisions do not apply to the extenl thal coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to lhese coverages. Read all the provisions of lhis en- dorsemenl and lhe rest of your policy carefully lo determine nghts, duties, and what is and is nol covered. A. BROAD FORM NAMEO INSUREO H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF B. BLANKET ADDITIONAL INSUREO C. EMPLOYEE HIREO AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F- HIREO AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A, BROAO FORM NAMED INSURED The following is added to Paragraph A.1., Who ls An lnsured, of SECTION ll - COVEREo AUTOS LIABILITY COVERAGE: Any organization you newly scquire or form dur- ing the policy period over which you mainlain 50o/o or more ownership interest and that is not separalely insured for Buslness Auto Coverage. Coverage under this provision is afforded only un- trl the 1801h day afler you acquare or form the or- ganization or the end of lhe policy period, which- ever iS earlier. B. BLANKET AODITIONAL INSURED The followng is added lo Paragraph c. in A.1., Who ls An lnsured. of SECTION ll - COVEREO AUTOS LIABILITY COVERAGE: Any person or organization who is required under a writlen contracl or agreement between you and lhat person or organizalion, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- lional insured is an "insured" for Coyered Autos Liability Coverage, but only for damages lo wnich USE - INCREASEO LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASEO LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEOGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the exlent lhal person or organization qualifies as an "insured" under the Who Is An lnsured provision contained in Section ll. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who ls An lnsured. of SECTION ll - COV- ERED AUTOS LIABILITY GOVERAGE: An "employee" of yours is an "insured" while operatjng an "auto" hired or rented under a contracl or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5.. Other lnsurance, of SECTION lV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed lo be cov- ered "autos" you own: ('l) Any covered "auto' you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a conlract in an "employee's" name, wilh your 00219? cA T3 s3 02 15 Page 1 ot 4O 2015 The Travelers lndemnrly Company All nghls reserved. lncludes 6opyr ghled materLal ol lnsurance Services Office. lnc wilh its permission permrssron while performing dutres related to the conduct of your busr- ness However. any "auto" that is leased. hired renled or borrowed wilh a driver is nol a covered "aulo '. D. EMPLOYEES AS INSURED The following is added to Paragraph A.1.. Who ls An lnsured. of sEcTtoN [ - covEREo AuTos LIABILITY COVERAGE Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own. hire or borrow in your business or your personal affairs E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2). Of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to 53.000 for cost of bail bonds (rn- cluding bonds for related traffic law vrola- tions) requrred because of an "accadent" we cover We do nol have lo furnish lh€se bonds 2. The following replaces Paragraph A.2.a.(4). Of SECTION II - COVEREO AUTOS LIABIL. ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including aclual loss of earnings up to 5500 a day be- cause of trme ofl from work F, HIRED AUTO - LIMITED WORLOWIDE COV. ERAGE - INDEMNITY BASIS The tollowing replaces Subparagraph (5) in Para- graph 8.7.. Policy Period, Coverage Terrilory, Of SECTION IV - BUSINESS AUTO CONOI. TIONS: (5) Anywhere rn the world, except any country or jurisdiction while any trade sanction. em- bargo, or similar regulation imposed by lhe Uniled Slates of America applies to and pro- hibits lhe lransaclion of business wilh or wrlhin such country or lurisdiclion. for Cov- ered Aulos Lrability Coverage for any covered "aulo" thal you lease, hire. renl or borrow wilhoul a driver for a period of 30 days or less and thal is not an "auto" you lease. hire. rent or bofrow lrom any of your "employees", partners (if you are a partnership). members (if you are a Iimited liability company) or members o, therr households (a) With respect to any clarm made or "surl" brought outsade lhe united states of Amenca. lhe lerrilories and possessrons of lhe United Stales of America Puerto Rico and Canada: (i) You musl arrange to defend the "rn- sured" against, and tnvestigate or set- lle any such claim or ''suit" and keep us advised of all proceedings and ac- ltons (ii) Nerther you nor any other rnvolved "insured" will make any seltlement wilh0ul our consenl (iii) We may, at our discretion, pa(icipate in defending the "insured" agarnsl. or in the settlement of. any claim or "suit". (iv) We will reimburse the "rnsured" For sums that the "insured" legally rnust pay as damages because of "bodily injury" or "properly damage" lo which this insurance applies thal lhe "in- sured" pays with our consenl, bul only up to lhe limil described in Para- graph C.. Limits Of lnsurance. of SECTION II - COVEREO AUTOS LIABILITY COVERAGE, (v) We will rermburse lhe "insured" for the reasonable expenses incurred v./ilh our consent for your investiga- lion of such claims and your defense of the "insured" against any such ''suil". but only up lo and included within lhe limil described in Para- graph C.. Limits Of lnsurance. oF SECTION II _ COVEREO AUTOS LIABILITY COVERAGE, and no| In addrtion to such limit. Our duly to make such paymenls ends when we have used up the applicable limit of rnsurance rn payments for damages. settlements or defense expenses. (b) This rnsurance is excess over any valid and collectible other insurance available to the "insured" whelher primary, excess contrngenl or on any other basis (c) This insurance is not a substitute for re- quired or compulsory Insurance in any country outside the uniled stales. its ter- ritories and possessions, Puerto Rico and Canada. P a\e 2 of 4 cA T3 53 02 l5 COi/N,IERClAL AUTO O 20l5 The Travelers lndemnrly Company All I thts reserY€d lncludes copyfighted malerral ol lnsurance Servrces Olfrce. lnc wth rls permrssron ^::- You agree lo maintain all required or compulsory insurance in any such coun- try up lo the minrmum limils required by local law Your failure lo comply v,4lh compulsory insurance requirements will not invalidate the coverage afforded by this policy. but we will only be liable to lhe same extenl we would have been liable had you complied with the compulsory in surance requiremenls. (d) lt rs understood thal we are nol an admi! ted or authorized insurer outside the United States of America. its terrilories and possessions, Puerlo Rico and Can- ada We assume no responsibilrly for the furnishing of cenificates of insurance, or for compliance rn any way with the laws of olher counlries relating to insurance. G. WAIVER OF DEDUCTIELE - GLASS The following rs added to Paragraph D.. Deducti- ble, of sECTloN lll - PHYSICAL DAMAGE GOVERAGE: No deduclrble for a covered "auto" will apply to glass damage if lhe glass is repaired ralher than replaced H. HIREO AUTO PHYSICAL DAMAGE _ LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, o, SEC- TION III - PHYSICAL OAMAGE COVERAGE: However, lhe most we will pay for any expenses for loss of use is S65 per day, to a maximum of 9750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASEO LIMIT The following replaces lhe first sentence rn Para- graph A,4.a., Transporlation Expenses, of SECTION III - PHYSICAL OAMAGE COVER. AGE We will pay up to $50 per day lo a maxrmum of $1.500 for temporary transportation expense in- curred by you because of lhe tolal theft of a cov- ered "aulo" of the private passenger lype. J, PERSONAL PROPERTY The following is added lo Paru$aph A.4., Cover- age Extensions, of SECTION lll - PHYSICAL OAMAGE COVERAGE: Personal Property We will pay up to 5400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured": and COMi/ERCIAL AUTO (2) ln or on your covered "auto". This coverage applies only in the evenl ol a total thefl ol your covered "auto". No deductibles apply to this Personal Property coverage. K, AIRBAGS The rollowing is added to Paragraph 8.3.. Exclu- sions. of SECTION lll - PHYSICAL OAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" lo one or more airbags in a covered "auto" you own lhat in- flate due to a cause olher lhan a cause of "loss" set forth in Paragraphs A.l.b, and A.1.c., but onlY: a. lf that "auto" is a covered "aulo" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war ranty: and c. The airbags were nol intentionally inflated We will pay up lo a maximum of S1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The lollowing is added to Paragraph 4.2.a.. ol SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized represente- tive prompt notice of the "accidenl" or "loss" ap plies only when the "accident" or "loss" is known to: (a) You (if you are an individual). (b) A parher (if you are a partnersh,p), (c) A member (if you are a limiled liabihly com- panv): (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization) i or (e) Any 'employee" authorized by you to give no- trce ol the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transter Of Rights Of Recovery Against Others To Us, Of SECTION IV - BUSINESS AUTO CONDI. TIONS: 5. Transfer Of Rights Ol Recovery Against Others To Us We waive any right of recovery we may have againsl any person or organization to the ex- tent required of you by a writlen contract signed and execuled prior to any "accident" or "loss", provided lhat the "accident" or "loss" arises out of operations conlemplated by cA T3 53 02 15 O 2015 The Travelers lnderhnrly Company Allrghls reserved. tncludes copyrighted maleflal ol lnsurance Servrces Oltice. lnc wth rts permrssron Page 3 of 4 COMMERCIAL AUTO such contract The waiver applies only to the person or organization designated in such contracl N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added lo Paragraph 8.2., Con- cealment, Misrepresentalion, Or Fraud. of SECTION IV - BUSINESS AUTO CONOITIONS The uninlentronal omission of. or unrrrlenlronal error in. any information given by you shall not preiudice your righls under lhis ansurance How- ever lhrs provrsion does nol affecl our righl lo col- lecl additional premrum or exercrse our righl ot cancellalion or non-renewal. g2015The T(avelers ndemnrly Company Allri9htsleserYed. lncludes copyr!ghted malenal of lnsurance Servrces Orrice lnc wlh rls permrssron Page 4 ol 4 cA T3 53 02 1s COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) h. This insurance does not apply to 'bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "properly damage" that occurs before the end of the period of time for which the "\/ritten contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4,a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specillcally agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Pan must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs: and (2) The "personai injury" for which coverage is sought arises out of an otfense committed: after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. cG D3 81 09 15 @ 2015 The Trevelers lnd€mnily Company. All righls reserved. lncludes ths copyrighted materialof lnsurance Servicos Ofllco, lnc., with its permission Page 1 of 2 This endorsement modilies insurance provided under the following: COMiiIERCIAL GENERAL LIABILITY COVERAGE PART 1, The following is added to SECTION ll - WHO lS AN INSURED: Any person or organization that you agree in a "!,/ritten contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury". "property damage" or "personal injury": and b. lf, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection \rith premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or a9reement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured speciflcally is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". 9, ln the event that the Limits of lnsurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section lll - Limits Of lnsurance. COMN,4ERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. we waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily iniury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the 'bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 ol 2 O 2015 The Travelers lndemnity Company. All rights reserved. lncludes the copyrighled malorial of lnsurance Services Office, lnc., wilh ils permission cG D3 81 09 ls IDSOS Viewing Business Entity Page I of2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summary ] I Get a certificate of existence for KELLER ASSOCIATES. INC, ] I Monitor KELLER ASSOCIATES. INC. business filinqs ] KELLER ASSOCTATES, rNC. 131 SW 5TH AVE STE A N4ERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 02 Oct 2007 Origination/Authorization: Current Registered Agent: ROD J LINJA 131 SW 5TH AVE SUITE A MERIDIAN, ID 83642 Organizational ID / Filing C7752A2 N umber: Number of Authorazed Stock 15000 sharess Date of Last Annual Report: 09 Sep 2016 Annual Report Due: Oct 2Ot7 Original Filing: I Help Me Print/View TIFF ] Filed 02 Oct 2OO7 INCORPORATION View Imaoe f pDF format) rma Amendments: I Helo lvle Print/View TIFF ] Amendment Filed O2 May ARTICLES 2OO8 RESTATET\4 ENT Annual Reports: View Imaoe (PDF format) View Imaoe TIFF format) I Help Me Print/View TIFF ] View Document Online View Document Online D n lin REPO RT REPORT REPORT REPORT REPORT t Report for year 2016 ANNUAL Report for year 2015 ANNUAL Report for year 2014 ANNUAL Report for year 2013 ANNUAL Report for year 2012 ANNUAL View Document Online o lin PD rm View Imaoe (TIFF format) View Document Online View Document Online Report for year 2012 CHNG RA/RO Report for year 2011 ANNUAL REPORT Report for year 2O1O ANNUAL REPORT https ://www.accessidaho.org/public/sos/corpiC I 752 82.html 4/2712017 Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 7W PROJECT NUMBER: ITEM TITLE: Subrecipient Agreement Between City Of Meridian and Meridian Development Corporation for PY 2016 Community Development Block Grant Funds in an amount not to exceed $60,000 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 PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 2 OF 12 C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to provide up to five (5) Units of Service. For the purposes of this Agreement, “Units of Service” shall be defined as a set of engineered drawings and specifications of a public sidewalk facility that is compliant with the Idaho Standards for Public Works Construction, the Americans with Disabilities Act, the design guidelines of the Ada County Highway District, and the Davis- Bacon Act (with regard to engineer’s construction cost estimate). 2. Performance measures. This project will provide design professional and engineering services related to the design of public sidewalks in an area serving LMI residents predominantly. D. Staffing not funded. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City’s review of Subrecipient’s submitted documents for accuracy and completion, as well as an on- site visit from City’s CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or after May 1, 2017 and end on December 30, 2017. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a monthly Progress Report, in the form and content as required by City. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. Monthly Progress Reports must be submitted even if there is no draw to accompany it for the month. Any issues or updates relevant to the activity will be included in progress report. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City’s PY16 CDBG funds in an amount not to exceed sixty thousand dollars ($60,000) to design sidewalk facilities for parcels at the locations defined in Section I.A. of this agreement. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. Subrecipient does not intend to expend any funds PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 3 OF 12 other than CDBG funds on this project. 2. Accounting Standards. Subrecipient agrees to comply with 2 CFR § 200.302, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 3. Certification of financial management system. Payments shall be contingent upon HUD’s certification of Subrecipient’s financial management system in accordance with 2 CFR § 200.302. 4. Closeout. Subrecipient’s obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 5. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and federal regulations as applicable. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non-Federal entities that expend $750,000 or more in a year have a single or program-specific audit. Subrecipient shall be willing to allow inquiries from the City about the Subrecipient’s financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. 6. Suspension and Debarment. Pursuant to 2 CFR Part 180, specifically, without limitation, 2 CFR section 180.220, Subrecipient is prohibited from contracting with any party that is suspended or debarred. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 4 OF 12 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient’s accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed sixty thousand dollars ($60,000). Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD-1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than December 29, 2017 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget (“OMB”) concerning the Dun and Bradstreet Data Universal Numbering System (“DUNS”), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, (2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation (2 CFR § 170.320). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the procurement of professional services and shall maintain, and shall provide to City upon request, records related to services procured with funds provided hereunder. 2. Procurement Standards. Subrecipient shall procure all services in accordance with the requirements of 2 CFR § 200.318. E. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 5 OF 12 specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Financial records, as required by 2 CFR § 200.333and 24 CFR § 570.502; e. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City’s responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention . Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City’s final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 6 OF 12 compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority-Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 7 OF 12 570.200(j). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland “Anti-Kickback” Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 2 CFR § 200.318(c)(1), which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. I. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 8 OF 12 grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: “This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure.” IV. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Development Corporation Attn: Christopher Pope Attn: Ashley Squyres, Administrator CDBG Program Administrator 104 East Fairview Avenue, #239 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements.” D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Workers’ Compensation. Subrecipient shall provide required Workers’ Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the insurance requirements of 2 CFR § 200.310. G. Amendments. The parties hereto may amend this Agreement at any time provided that such PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 9 OF 12 amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. The parties shall make every effort to duly consider and accommodate amendments of this Agreement necessitated by a change in or nonconformance with Federal, state, or local government guidelines and policies resulting in a change in the funding, scope of services, or schedule of activities to be undertaken as part of this Agreement. H. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for material noncompliance. In accordance with 2 CFR §§ 200.338 and 200.339, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement or failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 5. City shall provide written notice to Subrecipient of any material non-compliance and Subrecipient shall have thirty (30) days to cure any non-compliance. If said material non- compliance is cured within this time period, then Subrecipient shall not be deemed to be in non-compliance with this Agreement. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. I. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 10 OF 12 J. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. K. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. L. Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. M. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. N. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party’s right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. O. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Development Corporation ktj' R� Dan Basalone, Chairman CITY: City of Meridian By: Tammy de W r- Mayor- `�GOFtPORArE c ��Z/ Nathan Mueller, Secretary Attest: y Col City Clerk PY 16 SUBRECIPIENT AGREEMENT — MERIDIAN DEVELOPMENT CORPORATION PAGE 11 OF 12 PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 12 OF 12 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 7X PROJECT NUMBER: ITEM TITLE: Final Plat for Tree Farm Subdivision No. 1 (H-2017-0036) by M3 Companies, LLC Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road MEETING NOTES 9 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: May 2,2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Youth Advisory Council Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS May 2, 2017 Council Chambers MAYOR’S YOUTH ADVISORY COUNCIL UPDATE Friday, April 21 Very successful Helped to raise nearly $1200 for Idaho Suicide Prevention Hotline FOOD FRENZY Final decision will be made 5/8 Voting between intergenerational community garden and memorial plaza at Kleiner Park PARTICIPATORY BUDGETING General Council Meeting 5/8 Will vote for next year’s Executive Council COMING UP Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Ada County Assessor's Office Annual Report 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: May 2,2017 ITEM NUMBER: 10A PROJECT NUMBER: H-2017-0042 ITEM TITLE: Maverik Public Hearing for Maverik (H-2017-0042) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Modification to the Development Agreement to Allow for a Time Extension of Three (3) Months to Obtain the Necessary Signatures on the Development Agreement 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 CityCouncilMeeting May 2,, 2017 Item #10A: Maverik Zoning/Aerial Map New Language for Development Agreement ►5.2 The property is encumbered by certain billboard leases, which leases are attached as Exhibit C to this Agreement. The lessor and lessee of such billboard leases have provided written confirmation that: (1) the billboard leases terminate at the end of September, 2027; and (2) the lessee under the billboard leases will “remove everything above ground level of said billboard structures within 30 days of the Lease(s) ending.” A copy of the foregoing written confirmation is attached as Exhibit D to this Agreement. To ensure such billboard structures will be removed, concurrently with the complete execution of this Agreement, substantially similar in form to the Surety Agreement attached as Exhibit E to this Agreement. Item #10B: Holy Apostles Catholic Church Annexation & Zoning Vicinity/Zoning Map Site Plan Item #10C: Oaks South Rezone Vicinity/Zoning Map â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â â }} } } }} } } }} } } } } }} !( XY R-8 RUT R-15 R-8 R-4 L-O R-8 R-8 R-15 R-15 R-4 R-8 I-L R-4 W MCMILLAN RD N B L A C K C A T R D N M C D E R M O T T R D N E L M S T O N E A V EWAVILLA DRW PHILOMENA ST N R U S T I C O A K W A Y N O A K S T O N E A V E W DAPHNE ST W LOS FLORES ST W ASTONTE ST W L O S FLORES ST N SU N F I E L D AV E N A D A L E A V E N E L M S T O N E AV E N N A O M I L N W T O R A N A DR W TORANA ST W KOSTALOTA LN W GRAND RAPIDS ST W LESINA ST N B A Y L O R L N W JORDAN LN W LAZY D I A M O N D C L N WLEDGERWOODLN W BECKY DR W GONDOLA DR N E L I S H A A V E N B A S S W O O D A V E N M A P L E S T O N E A V E N E L I S H A AV E W ASTONTE DR N C H R I S T I A N AV E N MA P L E S T O N E AV E N J O Y S T N O A K S T O N E A V E Fivemile Cre e k E i g h tmile Lateral WestTapSublateral West Tap Sublateral W e s t T a p S u b l a t e r a l Eightmile Lateral WestTap Sublateral Fivemile Creek Feeder SkyPilot Drain R u tle d g e L a t e r al W e s t TapSublateral West Tap Sublateral Fivemile Creek Zoning Exhibit Map Changes to Agenda: None Item #10A: Maverik (H-2017-0042) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 3.83 acres of land, zoned RUT in Ada County, located at 1515 E. Fairview Avenue. History: In 2016, the property received annexation (H-2016-0027) approval however; the development agreement was never signed by the applicant to conclude the annexation process. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant requests an amendment to the Development Agreement (DA) to extend the expiration of the development agreement; the original expiration date was 12/21/2016. The reason for the delay in signing the DA was so the applicant and the City Attorney’s office could collaborate on an appropriate DA provision for the removal of the billboard signs based on the motion stipulated by City Council during the hearing. The original solution required the approval of the billboard company. They were unwilling to agree to the requirement of removal. The applicant has now provided a different solution and has granted the City license to enter and remove the billboards if necessary when the leases expire in 2027; therefore; the applicant is requesting an extension to sign the agreement. Because a specific time was not requested by the applicant, staff recommends the applicant execute the signature on the development agreement by June 2, 2017. Proposed Language: 5.2 The property is encumbered by certain billboard leases, which leases are attached as Exhibit C to this Agreement. The lessor and lessee of such billboard leases have provided written confirmation that: (1) the billboard leases terminate at the end of September, 2027; and (2) the lessee under the billboard leases will “remove everything above ground level of said billboard structures within 30 days of the Lease(s) ending.” A copy of the foregoing written confirmation is attached as Exhibit D to this Agreement. To ensure such billboard structures will be removed, concurrently with the complete execution of this Agreement, substantially similar in form to the Surety Agreement attached as Exhibit E to this Agreement. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0042, as presented in the staff report for the hearing date of May 2, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0042, as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0042 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #10B: Holy Apostles Catholic Church - AZ (H-2017-0019) Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 14.6 acres of land, zoned RUT in Ada County, located at the southeast corner of E. Chinden Blvd. & N. Meridian Road. Comprehensive Plan FLUM Designation: MU-C (Mixed Use – Community) Summary of Request: The applicant requests annexation & zoning of 16.32 acres of land with a C-C zoning district consistent with the MU-C FLUM designation. A site plan was submitted that depicts how the site is developed with a 52,220 s.f. church and accessory structures (SFR home & food pantry), parking and access; all of the existing structures are proposed to remain. One full access exists via Meridian Road; and another full access exists via Chinden Blvd. which is shared with the Zamzow’s property to the east; no new accesses are proposed. Parking exists on the site that exceeds UDC standards. A 35’ wide landscaped street buffer is required along N. Meridian Rd. and E. Chinden Blvd., both entryway corridors; a 10’ wide multi-use pathway is required within the buffer along Chinden within a public pedestrian easement. The applicant should reserve all necessary ROW as required by ITD for the future widening of Chinden Blvd. outside of the required street buffer. Connection to the City sewer system is required within 60 days of annexation into the City; connection to City water is not required due to the terms of the 2007 agreement between the City and United Water. To ensure compliance with UDC standards for site improvements, a CZC is required to be submitted within 60 days of annexation. Commission Recommendation: Approval with a DA per the staff report Summary of Commission Public Hearing: i. In favor: Tamara Thompson, The Land Group ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, The Land Group v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0019, as presented in the staff report for the hearing date of May 2, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0019, as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0019 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #10C: Oaks South - RZ (H-2017-0010) Application(s): Rezone Size of property, existing zoning, and location: The rezone area consists of a total of 0.84 of an acre of land, zoned L-O, R-15 and R-8, located at the SEC of W. McMillan Road and N. McDermott Road. History: This property was annexed in 2013 & included in the preliminary plat for the Oaks South development. Summary of Request: At the request of Staff, the applicant submitted the subject rezone application to “clean up” the existing zoning in the development so that the zoning coincides with the lot configurations shown on approved and future final plats. This will eliminate lots having dual zoning. The rezone is for 0.005 acre from L-O to R-8; 0.001 acre from L-O to R-15; 0.04 acre from R-15 to L-O; 0.22 acre from R-15 to R-8; 0.19 acre from R-15 to R-4; 0.31 an acre from R-8 to R-4; and 0.07 acre from R-4 to the R-8 zoning district. The proposed zoning is consistent with the MDR FLUM designation in the Comprehensive Plan. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Travis Jeffers, JUB Engineers ii. In opposition: None iii. Commenting: None iv. Written testimony: Kristi Watkins, JUB Engineers v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0010, as presented in the staff report for the hearing date of May 2, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0010, as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0010 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: May 2, 2017 Item # 10A Project Number: H-2017-0042 Project Name: Please print your name 41 ve-ij t Maverik For ( Against I Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 10B PROJECT NUMBER: H-2017-0019 ITEM TITLE: Holy Apostles Catholic Church Public Hearing for Holy Apostles Catholic Church (H-2017-0019) by Roman Catholic Diocese of Boise Located Southeast Corner of E. Chinden Boulevard and N. Meridian Road 1. Request: Annexation and Zoning of 16.32 Acres of Land with a C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: May 2, 2017 Item # 10B Project Number: H-2017-0019 Project Name: Holy Apostles Catholic Church Please print your name For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 10C PROJECT NUMBER: H-2017-0010 ITEM TITLE: Oaks South Public Hearing for Oaks South (H-2017-0010) by Thomas Coleman Located South of W. McMillan Road and East of N. McDermott Road 1. Request: Rezone of 0.005 Acre from L -O to R-8; 0.001 Acre from L -O to R-15; 0.04 Acre from R-15 to L -O; 0.22 Acre from R-15 to R-8; 0.19 Acre from R-15 to R-4; 0.31 an Acre from, R-8 to R-4; and 0.07 Acre from R-4 to 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: May 2, 2017 Item # 10C Project Number: H-2017-0010 Project Name: Please print your name Oaks South For Against Neutral Do you wish to testifv (Y/N) Ti?avis ,,J E)77FErzs I X I I I Y Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 1 OD PROJECT NUMBER: ITEM TITLE: Public Hearing: Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department 1. Resolution No. /� ` �)Qlf : Adopting Updates to the Water Meter & Water System Repair Fee Schedule of the Meridian Public Works Department; Authorizing the Public Works Department to Collect such fees; and Providing an Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1-7— c� 6 // BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING UPDATES TO THE WATER METER & WATER SYSTEM REPAIR FEE SCHEDULE OF THE MERIDIAN PUBLIC WORKS DEPARTMENT; AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on May 2, 2017, the City Council of Meridian held a hearing on the adoption of the proposed Meridian City Public Works Department Fee Schedule as set forth in ExhibitA hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian City Public Works Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian City Public Works Department, as set forth in Exhibit hereto, is hereby adopted. Section 2. That the Public Works Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on July 3, 2017 upon its passage and publication. ADOPTED by the City Council of the City of Meridian, Idaho this �- day of May, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2017, APPRO VED - ATTEST: Tammy de Mayor `�a r qv_ . y Cole City Cleric I uP 06 41V 0 ADOPTION OF MERIDIAN PUBLIC WORKS DEPARTMENT FEE SCHEDULES PAGE 1 OF 3 Exhibit A WATER METER AND WATER SYSTEM REPAH2 FEE SCHEDULE Description Fee Meter Adaptor Kit (*a) $80.00 Single port MXU - 520M $149.73 Dual port MXU - 520M (*b) $85.50 3/4 inch meter $154.73 3/4 inch meter (short) $145.62 1 inch meter $196.88 1 1/2 inch meter $841.36 2 inch meter $991.81 4 inch turbo meter $2,414.76 4 inch compound meter $3,089.10 1 1/2 Inch Meter (Irrigation) T2 $841.36 2 Inch Meter (Irrigation) T2 $991.81 4 Inch Turbo Meter (Irrigation) T2 $2,414.76 3/4 Inch Meter (Reclaimed) $168.52 1 Inch Meter (Reclaimed) $236.52 1 1/2 Inch T-2 Meter (Reclaimed) $964.05 1 1/2 Inch C-2 Meter (Reclaimed) $1,399.48 2 Inch T-2 Meter (Reclaimed) $1,139.78 2 Inch C-2 Meter (Reclaimed) $1,611.70 4 Inch T-2 Meter (Reclaimed) $2,716.39 4 Inch C-2 Meter (Reclaimed) $3,200.11 Hydrant Meter $1,349.95 Backflow Assembly $398.65 Hydrant Meter 3/4" w/ Backflow $1,748.60 3/4 inch angle valve $76.16 Padlock $7.43 2 inch gate valve for hydrant meter $149.00 Meter Setter 3/4 Inch $242.50 Meter Setter 1 Inch $442.00 Meter Setter 1.5 Inch $955.84 Meter Setter 2 Inch $1,113.46 Service Truck, Heavy Duty (per trip) $27.58 Service truck, Light Duty (per trip) $13.15 Equipment, Heavy Duty (per hour) $12.23 Equipment, Light Duty (per hour) $6.01 Residential Meter Lid and Ring $159.00 Hydrant Meter Swivel and Screen $477.37 Hydrant Meter Register Lid $8.15 Hydrant Meter Gate Valve Handle 2" $3.30 Fire Hydrant $1,630.50 1 Inch Angle Valve $139.97 1.5 Inch Angle Valve $225.80 2 Inch Angle Valve $266.44 Meter Pit Upgrade to Traffic Rated $382.53 Lid Only - 24" Manhole Cover $130.71 Grade Ring - Top 4" $40.00 Grade Ring - Bottom 2" $29.33 ADOPTION OF MERIDIAN PUBLIC WORDS DEPARTMENT FEE SCHEDULES PAGE 2 OF 3 Manhole Ring $141.43 CMP $104.50 Non -traffic Rated Standard Lid & Ring $80.00 Non -traffic Rated Meter Tub/Tile for Single/Double Services $97.13 Hydrant Break -Away Kit $180.00 Hydrant - 6" Extension $473.00 Valve Box - 16" Top Section $73.64 Valve Box - 26" Top Section $83.06 Valve Box - 36" Bottom Section $85.62 Valve Box Extension Riser 1-6" $18.57 Valve Lid $15.00 Meter Tub 36" $98.00 Meter Tub 42" $97.13 Traffic Rated Lid 20" $256.00 1" IP Compression x 3/4 MIP Brass fitting $38.11 3/4 FIP x FIP Brass Curb Stop Valve $61.76 1"x 1 I PE Compression x Compression Grip Coupler $48.79 1" IP 20OPSI Poly Pipe Per linear Ft. $0.53 3/4" IP 20OPSI Poly Pipe Per linear Ft. $0.36 Hourly charge, service call $44.44 (*a) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2 -inch setter is specified and a 2 -in meter will be used when the project is built out. However, only a 1 1/2 -inch meter is initially needed, requiring an adaptor kit the water division presently pays for. (*b) Charge is half the cost of a dual MXU for dual meter installation in a single common meter vault. (Full replacement cost of a dual port MXU is $171.00.) ADOPTION OF MERIDIAN PUBLIC WORI{S DEPARTMENT FEE SCHEDULES PAGE 3 OF 3 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice is hereby given pursuant to the laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, May 2, 2017, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new fees, and increases to fees collected by the Meridian Public Works Department, as set forth below. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Cleric prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Description Existing Fee Proposed Fee -Single port MXU - 520M $85.00 $149.73 Dual port MXU - 520M *b) $144.00 $85.50 3/4 inch meter $146.00 $154.73 3/4 inch meter short - $145.62 1 inch meter $183.00 $196.88 1 1/2 inch meter $399.00 $841.36 2 inch meter $542.00 $991.81 4 inch turbo meter $2,052.00 $2,414.76 4 inch compound meter $2,884.00 $3,089.10 1 1/2 Inch Meter (Irrigation) T2 - $841.36 2 Inch Meter (Irrigation) T2 - $991.81 4 Inch Turbo Meter (Irrigation) T2 - $2,414.76 3/4 Inch Meter(Reclaimed) - $168.52 1 Inch Meter Reclaimed - $236.52 1 1/2 Inch T-2 Meter Reclaimed - $964.05 1 1/2 Inch C-2 Meter (Reclaimed) - $1,399.48 2 Inch T-2 Meter Reclaimed - $1,139.78 2 Inch C-2 Meter (Reclaimed) - $1,611.70 4 Inch T-2 Meter(Reclaimed) - $2,716.39 4 Inch C-2 Meter(Reclaimed) - $3,200.11 Meter - $1,349.95 -Hydrant Backflow Assembly - $398.65 Meter 3/4" w/ Backflow - $1,748.60 -Hydrant 3/4 inch angle valve $15.00 $76.16 Padlock $4.35 $7.43 2 inch gate valve for hydrant meter $79.00 $149.00 Meter Setter 3/4 Inch $91.00 $242.50 Meter Setter 1 Inch - $442.00 Meter Setter 1.5 Inch - $955.84 Meter Setter 2 Inch - $1,113.46 Service Truck, Heavy Du (per tri) $25.00 $27.58 Service truck, Light Duty (per tri) - $13.15 Page 1 of 2 Equipment, Heav Du (per hour) $25.00 $12.23 Equipment, Li ht Du(per hour - $6.01 Residential Meter Lid and Rin - $159.00 Hydrant Meter Swivel and Screen - $477.37 Hydrant Meter Register Lid - $8.15 Hydrant Meter Gate Valve Handle 2" - $3.30 Fire Hydrant - $1,630.50 1 Inch Angle Valve - $139.97 1.5 Inch Angle Valve - $225.80 2 Inch Angle Valve - $266.44 Meter Pit Upgrade to Traffic Rated - $382.53 Lid Only - 24" Manhole Cover - $130.71 Grade Rin - To 4" - $40.00 Grade Rin - Bottom 2" - $29.33 Manhole Rin - $141.43 CMP - $104.50 Non -traffic Rated Standard Lid & Rin - $80.00 Non -traffic Rated Meter Tub/Tile for Single/Double Services - $97.13 Hydrant Break -Awa Kit - $180.00 Hydrant - 6" Extension - $473.00 Valve Box - 16" Top Section - $73.64 Valve Box - 26" Top Section - $83.06 Valve Box - 36" Bottom Section - $85.62 Valve Box Extension Riser 1-6" - $18.57 Valve Lid - $15.00 Meter Tub 36" - $98.00 Meter Tub 42" - $97.13 Traffic Rated Lid 20" - $256.00 1" IP Compression x 3/4 MIP Brass fitting - $38.11 3/4 FIP x FIP Brass Curb Stop Valve - $61.76 1 "x I "IP PE Compression x Compression Grip Coupler - $48.79 1" IP 20OPSI Poly Pipe Per linear Ft. - $0.53 3/4" IP 20OPSI Poly Pipe Per linear Ft. - $0.36 Hourly charge, service call $35.00 $44.44 (*b) Charge is half the cost of a dual MXU for dual meter installation in a single common meter vault. (Full replacement cost of a dual port MXU is $171.00.) DATED this 14th day of April, 2017. C. JAY COLES, CITY CLERK PUBLISH on April 21, 2017 and April 28, 2017. Page 2 of 2 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: May 2, 2017 Item # 10 Project Number: Project Name: Fee Schedule Public Works Please print your name For Against Neutral Do you wish to testify (YIN) Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Department Reports A. Purchasing: Review of Recently Received Bids and Current Construction Environment and Award of Construction Contracts to the Following: 1. L2 Excavation for a Not -To -Exceed Amount of $85,712.90 - E. Williams Street Sewer Line Replacement 2. L2 Excavation for a Not -To -Exceed Amount of $81,679 - Amity Water Line Extension Locust Grove East3. Star Construction for a Not -To -Exceed Amount of $138,926 - Water Main Replacement - S. Heidi Place, W. Kimra Street MEETING NOTES c✓ 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 Page 1 Memo To: CJ Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Date: 4/26/17 Re: May 2nd City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the May 2nd City Council Agenda under Department Report . Review of Recently Received Bids and Current Construction Environment and award of Construction Contracts to the following: L2 Excavation ($85,712.90 - $81,679) & Star Construction ($138,926). E. Williams St. Sewer Line Replacement to L2 Excavation, Inc. $85,712.90 Amity Waterline Extension – Locust Grove East to L2 Excavation, Inc. $81,679.00 Water Main Replacement S. Heidi Pl., W. Kimra St. - End to Star Construction, LLC $138,926.00 Recommended Council Action: Approve the 3 Construction Contracts above . Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $85,713 Garrick Nelson If yes, has policy been purchased? L2 Excavation / Civil Survey III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 95000 10716.b TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) N/A 4/26/2017 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved I. PROJECT INFORMATION N/A 17 4/12/2017 PUBLIC WORKS E. WILLIAMS STREET SEWER LINE REPLACEMENT V. BASIS OF AWARD 4/6/2017 April 13, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Only one bid received. N/A N/A N/A N/A Goodstanding 20467 4/30/2017 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A++ Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Limited Liability Co 20467 6/30/2017 I. PROJECT INFORMATION 4/24/2017 9/15/2017 2017 3/7/2017 Public Works Water Main Extension Amity - From Locst Grove to 610' East V. BASIS OF AWARD 4/24/2017 May 1, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A April 26, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 4/24/17 UNSIGNED Award based on Low Bid Highest Ranked Vendor Selected $81,679 Dean Stacey If yes, has policy been purchased? Construction Contractor - L2 Excavation/Engineer - JUB Engineers, Inc / Josh Elliot III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96140 10560.b TASK ORDER N/A RFP / RFQ BID CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A++ Payment and Performance Bonds Received (Date): Rating: A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Limited Liability Co. C-14428 9/30/2017 I. PROJECT INFORMATION 4/26/2017 3/1/2018 N/A 2017 3/21/2017 Public Works Water Main Replacement, Heidi Place - From W Kimra St. to End V. BASIS OF AWARD 4/24/2017 May 1, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A April 28, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 4/26/2017 Award based on Low Bid Highest Ranked Vendor Selected $80,870 Dean Stacey If yes, has policy been purchased? Construction Contractor - Star Construction/Engineer - Riedesel Engineering / Jeremy Robbins III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 95000 10445.b TASK ORDER N/A RFP / RFQ BID CONTRACT FOR PUBLIC WORKS CONSTRUCTION AMITY WATERLINE EXTENSION — LOCUST GROVE EAST PROJECT # 10560.13 M4' THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 1' day of ttln 2017, 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 L2 Excavation, LLC, hereinafter referred to as "CONTRACTOR", whose business address is 2817 Brandt Ave. Nampa, ID 83687 and whose Public Works Contractor License # is C -020467-A-4. INTRODUCTION Whereas, the City has a need for services involving Waterline Installation; 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 1. 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, state and city laws, ordinances, regulations and resolutions. The Contractor AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 1 of 13 Project 10560.8 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 underthis 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 $81,679.00. 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. 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. AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 2 of 13 Project 10560.13 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 $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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 $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 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 AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 3 of 13 Project 10560.8 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 forwork 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: 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 AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 4 of 13 Project 10560.13 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 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 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 the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 5 of 13 Project 10560.13 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 per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 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 amendments which shall be executed with the same formalities as this Agreement. AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 6 of 13 Project 10560.8 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: http://www.meridiancitY.org/enviranmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments.- Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 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. AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 7 of 13 Project 10560.6 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 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 AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 8 of 13 Project 10560.6 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 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. AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 9 of 13 Project 10560.13 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 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-489-0417 CONTRACTOR L2 Excavation, LLC Attn: Eric Bird 2817 Brandt Ave. Nampa, ID 83687 Phone: 208-800-0330 Email: eric@I2excavation.com Idaho Public Works License #020467-A-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 L2 Excavation, LLC BY: AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 10 of 13 Project 10560.6 Dated: � / ;�- / �0 l 7 Approved by Council: Attest: C.JAY LES, ity Clerk Purchasing Appro, at BY: KEITH TTS, Purc asing Manager Dated::�z ���' 7 Project Manager Dean Stacey Dated Deparftint WARREN STEWART, City Engineer AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST Project 10560.13 Dated: /17 page 11 of 13 .....=1:1:1 SCOPE OF WORK REFER TO INVITATION TO BID PW -1727-10560.B ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1727-10560.B, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current 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 — Amity Waterline Extension by.JUB Engineers dated September 2015 (9 pages) • Supplemental Specifications and Special Provisions and/or Technical Specifications by JUB Engineers dated September 2015 (99 pages) AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 12 of 13 Project 10560.6 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $81,679.80. AMITY WATERLINE EXTENSION — LOOCUST GROVE EAST page 13 of 13 Project 10560.6 IDSOS Search Results IDAHO SECRETARY OF STATE Search Results Search Result Summary [ New Search ] Search Results 1 through 1 ( L2 EXCAVATION, LLC ... L2 EXCAVATION, LLC ) L2 EXCAVATION, LLC FView Detailsl Organizational ID / Filing number: W140450 2817 BRANDT AVE NAMPA, ID 83687 Idaho Secretary of State's Main Page Page 1 of 1 Lawerence Denney, Secretary of State Filed 25 Jul 2014 LIMITED LIABILITY COMPANY EXISTING State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(a)sos.idaho.gov https://www.accessidaho.org/public/sos/corp/search.html 4/26/2017 ® A� R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 4/24/2017 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 Ballenger Insurance P O BOX 450 NAMPA ID 83653 CONTACT NA : Jared Curl ME a/aNE Ext); (208) 466-8944 NC No; (208)465-0539 ADDRESS: Jared@ BALLENGERINSURANCE . COM INSURERS AFFORDING COVERAGE NAIC # INSURER A'Auto -Owners Insurance Company INSURED L2 EXCAVATION LLC 2 817 BRANDT AVE NAMPA ID 83687 INSURER B :STATE INS. FUND INSURERC: INSURER D : INSURER E: INSURER F: nnvconr_cc !1C0TICIr1AT9: All IMRFIRvrTA 641900172 REVISIUN NUMt3tK: vv�ivww THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS AUTHORIZED REPRESENTATIVE X COMMERCIAL GENERAL LIABILITY Anna Scott/ANNA EACH OCCURRENCE $ 1,000,00 - 0 DAMAGE -TORENTED PREMISES (Ea occurrence) $ 300, 00 A CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 10,000 X 57991743-16 9/15/2016 9/15/2017 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY PRO LOC JECT OTHER: HAUTL $ 1,000,000 AUTOMOBILE LIABILITY Ea OaccideDtSINGLE IMIT $ 1 , 000 , 000 BODILY INJURY (Per person) $ A X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON- WNED 49-991743-00 9/15/2016 9/15/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4 000 000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE 49-991-743-01 9/15/2016 9/15/2017 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE X I STATUTE I I EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000. B MBERIn NH) EXCLUDED? ❑NIA O (Mandatory (Mandatory in NH) 646592 8/12/2016 8/12/2017 E.L. DISEASE - POLICY LIMIT I $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) PROJECT: AMITY WATERLINE EXTENSION. LOCUST GROVE EAST, LOCATED IN MERIDIAN IDAHO. r+coTlcir'Arc un! ncD CANCFI I ATION (208)898-5501v� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MERIDIAN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33 E. BROADWAY AVE STE 106 ACCORDANCE WITH THE POLICY PROVISIONS. MERIDIAN, ID 83642 AUTHORIZED REPRESENTATIVE Anna Scott/ANNA ©1988-2014 AGURD GUKPUKA I IUN, All rlgnls reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD vIV INS025 (201401) CONTRACT FOR PUBLIC WORKS CONSTRUCTION E. WILLIAMS STREET SEWER LINE REPLACEMENT PROJECT # 10716.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 18th day of April, 2017, 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 L2 Excavation, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 2817 Brandt Ave. Nampa, ID 83687and whose Public Works Contractor License # is 020467. INTRODUCTION Whereas, the City has a need for services involving Sewer Line Replacements; 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 1. 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, state and city laws, ordinances, regulations and resolutions. The Contractor E. WILLIAMS STREET SEWER LINE REPLACEMENT page 1 of 14 Project 10716.6 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 $85,712.90. 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. 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. E. WILLIAMS STREET SEWER LINE REPLACEMENT page 2 of 14 Project 10716.6 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 60 (sixty) 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 $500.00 (five 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 90 (ninety) 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 $500.00 (five 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 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 E. WILLIAMS STREET SEWER LINE REPLACEMENT page 3 of 14 Project 10716.6 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: 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 E. WILLIAMS STREET SEWER LINE REPLACEMENT page 4 of 14 Project 10716.13 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 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 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 the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. E. WILLIAMS STREET SEWER LINE REPLACEMENT page 5 of 14 Project 10716.6 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 per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 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 amendments which shall be executed with the same formalities as this Agreement. E. WILLIAMS STREET SEWER LINE REPLACEMENT page 6 of 14 Project 10716.6 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: http://www.meridiancity.org/environmental.asr)x?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 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. E. WILLIAMS STREET SEWER LINE REPLACEMENT page 7 of 14 Project 10716.6 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 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 E. WILLIAMS STREET SEWER LINE REPLACEMENT page 8 of 14 Project 10716.6 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 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. E. WILLIAMS STREET SEWER LINE REPLACEMENT page 9 of 14 Project 10716.13 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 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 L2 EXCAVATION, INC. Purchasing Manager Attn: Eric Bird 33 E Broadway Ave 2817 Brandt Ave. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-800-0330 Email: eric@I2excavation.com Idaho Public Works License #020467-A-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. CIT ®F -N eRWtk L2 EXCAVATION, INC. BY:BY: TAMMY de E D, MAYOR ERIC BIRD, VICE PRESIDE Dated: � / D- / ;b 1:7 E. WILLIAMS STREET SEWER LINE REPLACEMENT Project 10716.8 Dated: 4 Z11 1 page 10 of 14 Approved by Council Attest: CJ COL S, CITY C ERK S/ a- / ?0/7 I � W I'�11i St°, '�L �° Purchasing Approval Depart F. ent Ap oval, BY:BY; F f m KEITH WATTS, Purchasing Manager WARREN STEWA T, City Engineer Dated:: 1-11/ // V% Project Manager Garrick Nelson Dated:: /17 E. WILLIAMS STREET SEWER LINE REPLACEMENT page 11 of 14 Project 10716.13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1724-10716.B ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1724-10716.B, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current 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 — E. Willams Street Sewer Line Replacement by Civil Survey Consultants dated 1-26-2017 (s pages) • Special Provisions and/or Technical Specifications by Civil Survey Consultants dated 1-26-2076 (32 pages) E. WILLIAMS STREET SEWER LINE REPLACEMENT page 12 of 14 Project 10716.13 Exhibit B MILESTONE / PAYMENT SCHEDULE E. WILLIAMS STREET SEWER LINE REPLACEMENT page 13 of 14 Project 10716.8 1001.4.2.A.1. Staging Area 1 EA $1,150.00 1006.4.1.C.1. Inlet Protection 2 EA $127.00 1103.4.1.A.1. Traffic Control 1 LS $2,460.00 2010.4.1.A.1. Mobilization 1 LS $8,150.00 SP -1 Lawn Sod Restoration 285 SIF E. WILLIAMS STREET SEWER LINE REPLACEMENT page 14 of 14 Project 10716.6 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WATER MAIN REPLACEMENT — S. HEIDI PL., W KIMRA ST to END CONSTRUCTION 1=.0111=101F:Atf)��=3 M6VTHIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of -6±:!j1, 2017, 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 Star Construction, LLC, hereinafter referred to as "CONTRACTOR", whose business address is PO Box 157 Star, ID 83669 and whose Public Works Contractor License # is C-9431. INTRODUCTION Whereas, the City has a need for services involving water main replacement; 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 1. 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. WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 1 of 14 Project 10445.b 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor underthis 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 $138,926. 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. WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 2 of 14 Project 10445.b 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in 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 $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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 $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WATER MAIN REPLACEMENT— S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 3 of 14 Project 10445.b 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. WATER MAIN REPLACEMENT— S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 4 of 14 Project 10445.b 9. Indemnification and Insurance: 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 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 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 WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 5 of 14 Project 10445.b or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 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 per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 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 WATER MAIN REPLACEMENT— S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 6 of 14 Project 10445.b between the CITY and CONTRACTOR, shall be incorporated in written 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: http://www.meridiancity.org/environmental.aspx?id-13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 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 WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 7 of 14 Project 10445.b 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 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. WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 8 of 14 Project 10445.b 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 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. WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 9 of 14 Project 10445.b 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 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 STAR CONSTRUCTION, LLC Purchasing Manager Attn: Ancil Irminger 33 E Broadway Ave PO Box 157 Meridian, ID 83642 Star, ID 83669 208-489-0417 Phone: 208-286-9198 Email: starconstructionllc@gmail.com Idaho Public Works License #14428 -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. WATER MAIN REPLACEMENT— S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 10 of 14 Project 10445.b CITY OF MERIDIAN TAMM d� RD . O- Dated:— � Approved by Council: 7 2 - Attest: C.JAY gOLES, 61ty Clerk Purchasing Approval BY: KEITHTT` u t g Manager f Dated::Z Z-1 7 Project Manager Dean Stacey Star Construction, LLC BY: t Dated: BY: WAWRr=N STEWP RT, ity Engineer Dated:: 3 % WATER MAIN REPLACEMENT- S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 11 of 14 Project 10445.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1728-10445.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1728-10445.b, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current 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 — Water Main Replacement S. Heidi PI., W Kimra St to End Construction BY Riedesel Engineering March 2017 (9 pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by Riedesel Engineering dated March 17, 2017 (19 of pages) WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 12 of 14 Project 10445.b Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $138,926.00. 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 WATER MAIN REPLACEMENT S.HEIDI PL., W KIMRA to END CONSTRUCTION per IFB PW -1728-10445.b NOT TO EXCEED CONTRACT TOTAL ....................... $138,926.00 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. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No. Description Quantity Unit Unit Price TYPE P SURFACE RESTORATION FOR WATER MAIN AND SERVICE LINES FOR 1 OPEN TRENCH - 2-1/2" CLASS III AC 703 LF $41,477.00 PAVEMENT (includes road base, pit run, sidewalk, and landscaping) 2 WATER MAIN PIPE - 8" C-900 430 LF $33,970.00 3 WATER MAIN FITTING - SIZE 8" - TYPE 22.5 2 EA $960.00 or 45 DEGREE BEND 4 WATER MAIN FITTING - SIZE 8"x6" - TYPE 1 EA $350.00 Reducer 5 VALVE - SIZE 8" - TYPE GATE VALVE 3 EA $5,880.00 6 3/4" DOUBLE WATER SERVICE 6 EA $31,680.00 CONNECTION, includes meter 7 STORMWATER POLLUTION PREVENTION 1 LS $719.00 PLAN 8 CONSTRUCTION TRAFFIC CONTROL 1 LS $4,200.00 9 MOBILIZATION 1 LS $11,300.00 10 INSTALL NEW WATER SERVICE LINE (meter 48 FT $600.00 to building) 11 6" HYDRANT 1 EA $4,800.00 12 20 LF OF 6" HYDRANT LINE 20 LF $900.00 WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 13 of 14 Project 10445.b 13 6" VALVE 1 EA $1,400.00 14 VALVE BOX AND LID 1 EA $90.00 15 BOLLARDS 2 EA $600.00 WATER MAIN REPLACEMENT — S HEIDI PL.,W KIMRA ST to END CONSTRUCTION page 14 of 14 Project 10445.b Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Public Works: Budget Amendment for Idaho Power Infrastructure Buyout: WRRF Not -to - Exceed $2,500,000 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 WR R F E l e c t r i c a l P o w e r Di s t r i b u t i o n S y s t e m Hi s t o r y , I s s u e s , a n d O p t i o n s La u r e l e i M c V e y 5/ 2 / 2 0 1 7 Ag e n d a • Cu r r e n t S y s t e m • Ex p a n s i o n P r o j e c t s I m p a c t • Ba c k u p P o w e r O p t i o n s • Re c o m m e n d a t i o n s Pr i m a r y P o w e r L i n e s - O v e r h e a d Pr i m a r y P o w e r L i n e - U n d e r g r o u n d Se c o n d a r y P o w e r L i n e - O v e r h e a d & U n d e r g r o u n d Tr a n s f e r S w i t c h Ci t y B a c k u p G e n e r a t o r s Id a h o P o w e r - P r i m a r y M e t e r Cu r r e n t S y s t e m Cu r r e n t S y s t e m Ba c k U p P o w e r • Ci t y o w n s c e n t r a l i z e d g e n e r a t i o n ce n t e r • Wh e n l o s e m a i n l i n e p o w e r , u s e I d a h o Po w e r l i n e s t o t r a n s m i t p o w e r • Un i q u e a r r a n g e m e n t o MO U s i g n e d i n 2 0 0 5 Ma i n l i n e P o w e r • Id a h o P o w e r o w n s p r i m a r y p o w e r l i n e s • Ci t y p a y s a m o n t h l y f a c i l i t y f e e $ 6 , 5 0 0 / m o n t h , t h i s f a c i l i t y f e e w i l l r i s e t o ~ $ 1 3 , 0 0 0 / m o n t h wi t h e x p a n s i o n p r o j e c t o Id a h o P o w e r : • Am o r t i z e s i n s t a l l v a l u e o v e r 3 1 y e a r s • Ow n s t h e l i n e s , e v e n a f t e r 3 1 y e a r s • Re s p o n s i b l e f o r m a i n t e n a n c e a n d r e p a i r • Ci t y p a y s f o r e l e c t r i c i t y u s e d i n a d d i t i o n t o t h e f ac i l i t y f e e Ca p a c i t y E x p a n s i o n a n d H e a d w o r k s P r o j e c t • 20 1 5 - B e g a n w o r k i n g w i t h I d a h o P o w e r o n s y s t e m up g r a d e s t h a t w o u l d s e r v e t h e C a p a c i t y E x p a n s i o n a n d He a d w o r k s o Pl a n n e d f o r I d a h o P o w e r t o d e s i g n , c o n s t r u c t , a n d o wn t h e e x p a n d e d s y s t e m o Co n t i n u e p a y i n g i n c r e a s e d f a c i l i t y c h a r g e • Mi d - 2 0 1 6 - I d a h o P o w e r p r e s e n t e d c o s t s f o r l o n g t e r m de s i g n a n d c o n s t r u c t i o n o MO U w o u l d b e v o i d e d w i t h p e n d i n g e x p a n s i o n p r o j e c t s o Su g g e s t e d t w o o p t i o n s t o t h e C i t y • Bu y t h e p r i m a r y p o w e r d i s t r i b u t i o n s y s t e m • Di s p e r s e C i t y b a c k u p g e n e r a t o r s a n d r e m o v e f r o m I d a ho P o w e r ’ s di s t r i b u t i o n s y s t e m o Pr o g r e s s o n e l e c t r i c a l d e s i g n & c o n s t r u c t i o n f o r C a pa c i t y Ex p a n s i o n / H e a d w o r k s P r o j e c t s w a s h a l t e d p e n d i n g a f in a l d e c i s i o n b a s e d o n on e o f t h e t w o o p t i o n s Fi n a n c i a l A n a l y s i s o f O p t i o n s • Ev a l u a t e d t w o r e c o m m e n d e d o p t i o n s • An a l y s i s w a s v e t t e d t h r o u g h P W a n d C i t y F i n a n c e De p a r t m e n t • Op t i o n # 1 ( D i s t r i b u t e d B a c k u p G e n e r a t o r s ) o NP V = $ 4 . 4 4 M i l l i o n • Op t i o n # 2 ( B u y O u t S y s t e m ) o NP V = $ 2 . 9 0 M i l l i o n Re c o m m e n d e d O p t i o n • Op t i o n # 2 : S y s t e m B u y o u t • Fi n a n c i a l • Re l i a b i l i t y • Fu t u r e C o n t r o l & F l e x i b i l i t y • Co n t r a c t e d S e r v i c e O p t i o n s • Co n d i t i o n & C a p a c i t y o Se r v e n e e d s f o r c u r r e n t p l a n n i n g h o r i z o n ( ~ 1 0 - 1 5 y r s ) Op t i o n 1 Op t i o n 2 Ti m i n g i s C r i t i c a l Fe b 2 0 1 7 FY 1 7 Oc t 2 0 1 7 FY 1 8 Ap r i l 2 0 1 8 FY 1 8 Oc t 2 0 1 8 FY 1 9 Am e n d m e n t Pr o c e s s & Co u n c i l Ap p r o v a l Co M Sy s t e m Ow n e r s h i p Co M De s i g n o f Ne w E l e c t r i c a l S y s t e m Co M Co n s t r u c t i o n o f Ne w E l e c t r i c a l S y s t e m Po w e r Ne e d e d f o r Ne w P r o j e c t s June 2019 FY19 Be g i n S y s t e m B u y O u t Co n s t r u c t i o n o f P r o j e c t s - 3 0 M o n t h s Am e n d m e n t • FY 1 7 B u d g e t I m p a c t s o Ti m i n g I m p o r t a n c e o CI P I m p a c t s • Am e n d m e n t C o s t s I n c l u d e s : o Sy s t e m B u y o u t C o s t s o De s i g n a n d c o n s t r u c t i o n o f s y s t e m e x p a n s i o n ( C a p a c i t y a n d H e a d w o r k s ) o Up g r a d e ( s a f e t y a n d s e r v i c e a b i l i t y ) o f t r a n s f e r s w i t c h o Sp a r e c r i t i c a l e q u i p m e n t Qu e s t i o n s C I IDIA Publi*c IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Laurelei McVey NVRRY Superintendent DATE: 04/21/17 SUBJECT: Idaho Power Infrastructure Buyout: WRRF REQUESTED COUNCIL DATE: May 2, 2017 I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer 1. Approve a budget amendment in the amount of $2,500,000 to proceed with purchase of the existing electrical distribution infrastructure at the WRRF from Idaho Power; design, purchase and install modifications to assume control of same electrical infrastructure. Complete the design and construction of any additional needed infrastructure to meet WRRF expansion projects. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Laurelei McVey, WRRF Superintendent 489-0259 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 489-0372 III. DESCRIPTION A. Background In 2005 the City entered into a memorandum of understanding (MOU) with Idaho Power indicating the City could utilize Idaho Power's primary power lines for transmission of backup power generation. In 2015 the City began working with Idaho Power to upgrade electrical power distribution to serve the capacity Page I of 3 expansion and headworks projects now underway. In mid -2016, Idaho Power informed the City the MOU would be voided with the current expansion projects in progress. A safety concern was raised by IP regarding a transfer switch used to isolate back-up power generated by the plant's backup generators in the event of a power failure. This issue was addressed by the City, however IP asserts a decentralized back-up power distribution system must be installed if they are to continue to own and service the supply lines at the plant. The cost to undertake this effort is estimated at $1.3M and at the conclusion, the COM will still be responsible for a monthly facility charge that is double our current fee. B. Proposed Project Purchase the existing primary power distribution system from Idaho Power. Design and construct the additional electrical infrastructure to satisfy the needs of the WRRF capacity expansion. Additionally, money will be allocated to update the back-up power transfer switch. The COM will assume control of the maintenance, repair and emergency response of all electrical infrastructure after the primary power meter to the WRRF . IV. IMPACT A. Strateic Impact: This request allows the COM to maintain its current back-up power generation facility. It also allows the COM to control future expansion of the system. B. Fiscal Impact: A NPV analysis shows the COM saves approximately $1.5M over the long-term by owning the electrical system. Project Costs: Fiscal Year 2017 IPC Buy-Out/Equipment $1,708,502 Design & Constructiony~~ .�,.__._..._.._..._._._w_.....__....__....._.._.._�w�__... b$79�1,498 Total $2,500,000 a Project Funding Fiscal Year x Account Code / Codes 2017 3590-92100 $2,500,000a Total Funding $2,500,000 w__.___A_r_______A-rw____-_-_..-_-v_. Page 2 of 3 V. ALTERNATIVES: The City could choose to have Idaho Power maintain ownership of the electrical supply system. This would require the decentralization of the plant's back-up power system at a cost of about $1.3M. In addition, the City would continue to pay the monthly facility charge which will increase from $6,000 per month to about $13,000 per month. VI. TIME CONSTRAINTS Power is needed for the new expansion projects as early as Sept of 2018. Current estimates of the "Buy -Out" process and design/construction of the new electrical system suggest completion in the summer of 2018. To ensure there are no negative impacts to the current capacity expansion work, it is important these funds be made available as soon as possible. This will allow enough time to complete the efforts of the IPC Buy -Out and the electrical system expansion ahead of the need for electric supply to the WRRF expansion projects. Approved for Council Agenda: � ZS Date Page 3 of 3 m _ cu O r F- C) N LL W c L cu_ C: U/ j L. •> O' C w 4— E :—O O p .Q- � v LL U O L a r ��'�1 w'; f� N Ul V V� W v rn L � a, a � W 3 v v � � i+ W ^� W � I C Q O O h OE _ m _ cu O r F- C) N LL W c L cu_ C: U/ j L. •> O' C w 4— E :—O O p .Q- � v LL U O L a r Y I" bA O O c O a� E H N G O 0 n N N O •O O O O O O O O O O O O O O L a � o 0 ''' 0 0 0 0 0 0 00 0 0 0 rn rn m rn rn m rn m m rn rn m m m m m N m N m m m m m m m � m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 LD o 0 0 0 w 0 0 0 0 0 I. LL o ■ o■ o ■ r- - f� N Ul V V� U � 3 z z � C O OE _ O C CQ 0 N N N vo a, wY hp @ In > W E Q V O Q E L U � IL W D. W O O O O O O O O O lD O ch .-i N m Ln O N O N ei N O m N 0 N 0 N 0 N 0 -4 N N N N N N N 0 0 o O O o 0 Cl m rn m rn m rn m Ln m Ln m Ln m Ln m Ln m Ln m Ln m Ln m 0 0 0 0O o 0 0 0 0 0 0 0 0 0 Y I" bA O O c O a� E H N G O 0 n N N O •O O O O O O O O O O O O O O L a � o 0 ''' 0 0 0 0 0 0 00 0 0 0 rn rn m rn rn m rn m m rn rn m m m m m N m N m m m m m m m � m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 LD o 0 0 0 w 0 0 0 0 0 I. LL o ■ o■ o ■ r- - f� V� O z z z O O Ln N T E 4/25/2017 9:37 AM Total Amendment Cost - Lifetime Prior Year(s) Fiscal Year Fiscal Year Funding 2017 2018 Personnel Operating Capital Tota I $ 2,500,000 City of Meridian FY2017 Budget Amendment Form Fiscal Year Fiscal Year Fiscal Year 2019 2020 2021 Title: $ - $ 2,500,000 $ - $ - $ - $ - Total Estimated Project Cost: $ 2,500,000 Evaluation Questions Please answer all Evaluation Questions using the financial data referenced above. Department Name: Public Works Idaho Power Buy -Out: WRRF Electrical System Instructions for Submitting Budget Amendments: > Department will send Amendment with Directors signature to Finance (Budget Analyst) for review �^ Department will add Amendment to Council Agenda using Agenda Manager Sofh.,are > Finance vJll send Amendment to Council Liaison for signature i Council Liaison will send signed Amendment to Finance > Finance (Budget Analyst) vJ11 send approved Amendment to the Mayor for acknowl edgernent/approval Mayor will send Amendment to the City Clerk's office `r After Council approval, the City Clerk will forvdard to Finance (Budget Analyst) 1. Describe what is being requested? A budget amendment in the amount of $2,500,000.00 is being requested to purchase the current Idaho Power electrical system infrastructure at the WRRF, update the back-up power transfer switch and design and construct additional electrical capacity to support the current WRRF capacity expansion efforts. 2. Why was this budget request not submitted during the current fiscal year budget cycle? F. ....... �.�_..._......... ... _ _ Idaho Power's concerns regarding the WRRF back-up power supply were unknown during FY17 budget cycle planning. 4 S 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? _ Timing related to the availability of electric supply for the WRRF capacity expansion is critical. Design and construction of this project cannot begin until funds are allocated. Waiting until FY18 budget approval will delay the project by over 6 months at a minimum, thus negatively impacting the project's schedule. 4. Describe the proposed method of funding? If funding is split between Funds (i.e. General ,Enterprise, Grant), please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. -- ----- ---- ..... ----- - ---_.. ------------ ......... -, _ _ _ Enterprise Fund 100% 5. Does this request align with the Department/City's strategic plan? If not, please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes, please describe the necessary resources to be provided by other departments. Yes, Purchasing for the contract & Legal to draw up the Buy-out documentation. 7. Does this Amendment include any needed Equipment or Software that will utilize the City's network? Yes or No No 8. Is the amendment going to result in the disposal of an asset? (Yes or No) No 9. Anv additional comments? Total Amendment Request $ 2,500,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. MJ. ..J. .�.. ,.. M.9M.n7,'Hn'+MMw.eu.....nnn.:...n.n..n9n�....n�...............�,....�..+.�.r...,..,^+OM.a0.e4!w.aaroMu..HMM:MM.^C.. ^9.rw" n.,w........ �1.'+'HM?tl.: leleeMeu.....� ...,........ ...,..v..�......,..n,.�n.n..,....-nnMA.nne...�-...n.V n.,.v naroar.M!a en..v......�........... ........... City of Meridian FY2017 Budget Amendment Form S:\AdminBusOps\BusOps\BudgetRates\Activity Reports_5 years\2017\Idaho Power WRRF\FY2017 Budget Amendment Form—IPC—WRRF Buy0ut_041417_AF Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 11 D PROJECT NUMBER: ITEM TITLE: Mayor's Office: Budget Amendment for Allumbaugh House for a Not -To -Exceed Amount of $3,503. MEETING NOTES 1W 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 0 K CD E w J W a m D 3 CD3 (D a T O W ul O W �I-I-Iit 01010101010 O O O o 0 0 O N n 0 0 0 C C o 0 0 00 N 0 cCL co 42 N N n w N w N C N N w O N w w w N www A A A" � Do A DD A DD A Do A 0o A d O DD A oD A v 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 �C 0 0 0 my w 0 0 0 0 0 v a K 0 0 n m< 00 0 0 00w D fD m m cm rt m — d r� O V 0 0 0 0 0 0 0 0 O y 0 0 0 0 0 O O Gl 0 0 Gl v N �I-I-Iit 01010101010 v f{D N M N @ 0 -A m 0 0 0 o � • ._1 h 0 N O M m ewt ao X m m C CL c mm w im w 0 w 1^ O O O O o 0 0 O N 0 0 0 0 O N N N N co 42 N N n w N w N N N N w O N w w w N www A A A" 0o Do A DD A DD A Do A 0o A d DD A DD A oD A 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 O O O .c. m M C O v a K 0 m n m< 00 0 is 00w D fD m m cm rt m — d O V 0 0 0 0 0 0 0 0 O v f{D N M N @ 0 -A m 0 0 0 o � • ._1 h 0 N O M m ewt ao X m m C CL c mm w im w 0 w 1^ O O O O o 0 0 0 0 0 0 0 0 � N N N N co 42 N N co w N w N N N N NN O N w w w N www A A A" 0o Do A DD A DD A Do A 0o A DD A DD A DD A oD A 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 O O O m* m M C O v 3 0 m n m< 00 0 is 00w D fD m m cm rt m — d O V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 D v N C (D 3 -Ln c aQ0 C m 0 w w Ln C) 'O O # G1 0 N i a 0 O 7 m m 0 O m fD n 0 M N 0 m 3 m 0 G, 0 OQ 0 0 0 0 0 0 0 0 N 3 3 � N N N N co 42 N N co w co co co a co co O O O O O OO (D `D m O A A A A A A A A N O N O N O N O N w N N N N N N N In N w N N N N O A 1- O O Ol O O O O O O 0 O O O m* m M C O v 3 0 m n m< 00 0 is '^ D fD m m cm rt m — d (D m 3 o CD N n D 0 O O 0 0 a v N Dq (D -Ln m ChD N 3 3 � m m C ` 3 � ? ' 0 w T 3 3 m m m 3 fD 3 0 a Q. 3 o n a a n 2 07 (D `D m o cn 3 0 0 c m ��ry o ` D'c 0 o rt m m b ham. N n. D v n Yx # N 4 Li Ll S..S ra O ❑ © a O O (D N �r i�` f wog 3 3 po m m 4 aco,r_ o S © El C:) 0 0 m ChD N D o 3 a n m 3 � a Q. o 3 CD c m O N S..S D a 3 tr w 4 aco,r_ S cc N fD fD rt d 11` Meridian City Council Meeting // E DATE: May 2,2017 ITEM NUMBER: TS PROJECT NUMBER: ITEM TITLE: Meridian Strategic Plan Resolution No. 17-2009: A Resolution Adopting the City of Meridian Strategic Plan Focus Areas and Goals MEETING NOTES ,�e (10 V4� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RESOLUTION ADOPTING CITY OF MERIDIAN STRATEGIC PLAN FOCUS AREAS AND GOALS – PAGE 1 OF 1 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING THE CITY OF MERIDIAN STRATEGIC FOCUS AREAS AND GOALS. WHEREAS , the City Council discussed the concept of creating a City Strategic Plan (Plan) on May 13, 2014; approved a budget amendment to begin the process on June 10, 2014; approved an agreement with Leadership Advisors for their assistance in developing a Plan on July 22, 2014; and discussed the development, methodology, and creation of the Plan at City Council meetings on October 14, 2014, April 14, 2015, April 28, 2015 and May 5, 2015; and WHEREAS , on May 5, 2015 the Mayor and City Council of the City of Meridian approved the adoption of the City of Meridian Strategic Plan 2016-2020; and WHEREAS , the purpose of the City of Meridian Strategic Plan Focus Areas and Goals is to establish a clear vision for the City of Meridian and set appropriate strategic objectives to guide fulfillment of the vision; and WHEREAS , the City of Meridian Strategic Plan Focus Areas and Goals will align appropriate resources and deployment decisions to achieve the strategic objectives and allows for the creation of measures that ensure attainment of those objectives within the specified time frames. WHEREAS , the Mayor and City Council of the City of Meridian hereby approve the adoption of the City of Meridian Strategic Focus Areas and Goals. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the City of Meridian Strategic Plan Focus Areas and Goals as set forth in Exhibit A, as attached. Section 2 . The Mayor will report progress towards the Goals of the Plan to the City Council semi-annually in the months of March and October ADOPTED by the City Council of the City of Meridian, Idaho, this ___ day of May, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this ___ day of May, 2017. APPROVED: ATTEST: By: Mayor Tammy de Weerd C.Jay Coles, City Clerk Meridian City Council Meeting DATE: Mav 2,2017 ITEM NUMBER: 11C PROJECT NUMBER: ITEM TITLE: j7 l � Mayor's Office: Resolution No. : Appointing Jonathan Wardle to the Impact Fee Advisory Committee MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Strategic Plan Focus Areas and Goals Objective key Description 1 Strategic Growth Good growth fuels a city. Meridian promotes growth that enhances its vision, is family-focused, properly planned, financially viable, and diverse; complimenting our infrastructure goals. 1.A Facilitate the development and growth of Meridian’s downtown culminating in a strong, diverse community core. 1.B Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. 1.C Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted Area of City Impact. 1.D Develop and sustain the connections that shape and serve our community. 2.A Influence the location and retention of family-wage jobs in close proximity to where people live. 2 Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. 2.B Partner with others to develop a qualified workforce that meets the needs of targeted industries. 2.C Promote a diverse and sustainable economy. 3 Responsive Government The successful government of the 21st century possesses superior talent and technology and is service driven, approachable and responsive. Meridian will epitomize those qualities. 3.A Elevate the engagement of the community with local government. 3.B Establish a comprehensive workforce development and retention program for the City. 3.C Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. 3.D Improve operational efficiency and organizational excellence. 3.E Enhance transparency and decision-making of City government. 4 Safe and Healthy For a community prosper it must be safe, secure and healthy. Meridian is focused on growth and enhancing the existing quality of life its people enjoy. 4.A Establish Meridian as a premier safe community. 4.B Establish Meridian as a premier healthy community. 4.C Promote and advance social services that strengthen the socio-economic well-being of the community. 5.B Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. 5.C Foster the infusion of arts in our community. 4.D Establish a comprehensive Health and Safety Program for the City of Meridian. 4.E Advance sustainable and environmentally healthy practices throughout the City. 5.A Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. 5 Culture, Arts and Recreation Culture is the heart of a community. Meridian is dedicated its motto, “built for business, designed for living.” That means an active culture that allows people to work, live, play and raise a family. CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JONATHAN WARDLE TO THE IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code § 10-7-11 provides that Impact Fee Advisory Committee members shall be appointed by the City Council, and that two or more members of the committee shall be active in the business of development, building or real estate; and WHEREAS, the City Council of the City of Meridian deems the appointment of Jonathan Wardle to further the objectives of the Impact Fee Advisory Committee, and to be in the best interest 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 Jonathan Wardle is hereby appointed to the Impact Fee Advisory Committee. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2017. ADOPTED by the City Council of the City of Meridian, Idaho, this 2nd day of May, APPROVED by the Mayor of the City of Meridian, Idaho, this 2nd day of May, 2017. %NcoRPgr APPROVED: y FO Rn' -4 Mayor T m de Weerd ATTEST: � ® w IC Coles,V'ity RESOLUTION APPOINTING IMPACT FEE ADVISORY COMMITTEE MEMBER PAGE I OF I Meridian City Council Meeting DATE: May 2,2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: 12 Executive Session per Idaho Code Sections 74-206(1) (f), to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation MEETING NOTES tV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 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: Mav 2,2017 ITEM NUMBER: 13 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS