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2017-06-06Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 1 of 7 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, June 6, 2017 at 6:00 PM 6:04PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance by Troops 153 & 306 3. Community Invocation by Larry Woodard, Ten Mile Christian Church 4. Adoption of the Agenda Adopted as amended 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. 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 Public Works Week 7. Consent Agenda Approved as noted A. Approve Minutes of May 23, 2017 City Council Regular Meeting B. Chesterfield Subdivision No. 4 Sanitary Sewer and Water Main Easement C. TM Crossing Subdivision No. 1 Water Main Easement No. 1 D. TM Crossing Subdivision No. 1 Water Main Easement No. 2 E. Whitebark Subdivision No. 2 Sewer Easement CITY COUNCIL REGULAR AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 2 of 7 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. F. Final Order for Bainbridge Subdivision No. 5 (H-2017-0043) by Brighton Investments, LLC Located Approximately 1/2 Mile South of W. Chinden Boulevard and 1/4 Mile West of N. Ten Mile Road G. Findings of Fact, Conclusions of Law, Decision and Order for New Beginnings (H-2017-0026) by Chris Fuhrman Located 780 E. Ustick Road H. Findings of Fact, Conclusions of Law, Decision and Order for Rockbury Subdivision (H-2017-0018) by Rock Harbor Church, Inc. Located 6437 N. Tree Haven Way I. Final Order for Gyro Shack at Paramount (H-2017-0059) by Jeff Likes Located 5038 N. Linder Road J. 2nd Addendum to Development Agreement for TM Crossing (MDA-H-2017- 0027) with Brighton Investments, LLC; SCS Investments, LLC; SBG Ten Mile Office No. 1, LLC and SBG Ten Mile Office No. 3, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest ¼ of Section 14, Township 3N., Range 1W K. Development Agreement for Maverik (H-2016-0027), by Maverik, Inc. for Development located at 1515 E. Fairview Avenue on the Southwest Corner of E. Fairview Avenue and N. Locust Grove. L. Surety Agreement between City of Meridian and Maverik, Inc. for property located at Locust Grove/Fairview M. Final Plat for Silverwater North (H-2017-0069) by Trilogy Development Located Southwest Corner of E. Victory Road and S. Mesa Way N. Final Plat for Little Creek Subdivision No. 1 (H-2017-0067) by David Alexander Located 1470 N. Locust Grove Road O. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the “WELL 29 PUMPING FACILITY - CONSTRUCTION” project for a Not- To-Exceed amount of $776,045. P. Approval of Award of Bid and Agreement to SUNROC CORPORATION for the “SIMPLOT RV RELOACTION PAD” project for a Not-To-Exceed amount of $212,546. Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 3 of 7 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. Q. Amendment to January 24, 2017 Subrecipient Agreement Between City Of Meridian and West Ada School District for PY 2015 Community Development Block Grant Funds adjusting grant allocation amount from $65,000 to $80,000 for the Meridian Picnic Shelter Project Vacated R. Resolution No. 17-2016: Reflection Ridge (H-2017-0071) Slope Easement Vacation S. Finance Vendor Payments Made on May 31, 2017 of $698,891.14 T. Finance Vendor Payments of $458,165.63 8. Items Moved From the Consent Agenda None 9. Community Items/Presentations A. Muscular Dystrophy Association: Fill the Boot Thank you B. Mayor’s Youth Advisory Council: Participatory Budgeting C. 2017 CableONE Movie Night Sponsor Recognition 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 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 Continued from May 23, 2017 for Goddard Creek (H-2017- 0007) by Brian Porter Located 2780 W. McMillan Road Continued to June 20, 2017 1. Request: Rezone of 12.38 Acres of Land from R-4 to the R-40 (5 Acres) and the C-C (7.38 Acres) Zoning Districts Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 4 of 7 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. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 12.38 Acres of Land from Office and High Density Residential to Mixed-Use Community 3. Request: Conditional Use Permit for a Self -Storage Facility Consisting of Ten (10) Buildings on Approximately 7.38 Acres of Land in the Proposed C-C Zoning District 4. Request: Conditional Use Permit for a Multi-Family Development Consisting of Eighty-Two (82) Dwelling Units in the Proposed R-40 Zoning District on Five (5) Acres of Land 5. Request: Preliminary Plat Approval Consisting of Twenty-Two (22) Building Lots, and Five (5) Common Lots on 12.38 Acres of Land in the Proposed C-C and R-40 Zoning Districts 6. Request: Amendment to an Existing Development Agreement (Lochsa Falls Inst. #103012598) to Update the Development Plan for this Site from Office to Multi-Family and Self Storage B. Public Hearing for Oxygen Subdivision No. 1 (H-2017-0061) by James A. Kissler, LLC Located 1303 S. Silverstone Way Approved 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on Ten (10) Acres of Land in the C-G Zoning District C. Public Hearing for Oxygen Subdivision No. 2 (H-2017-0062) by James A. Kissler, LLC Located East of S. Eagle Road and North of E. Overland Road on East side of Rackham Way, North of the File Mile Creek Approved 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 4.72 Acres of Land in the C-G Zoning District D. Public Hearing for Oxygen Subdivision No. 3 (H-2017-0063) by James A. Kissler, LLC Located 1260 S. Eagle Road Approved 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 3.77 Acres of Land in the C-G Zoning District E. Public Hearing for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road Approved Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 5 of 7 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. Request: Preliminary Plat Approval Consisting of Ninety-Three (93) Building Lots and Seven (7) Common Lots on 32.59 Acres of Land in the R-8 Zoning District 2. Request: Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site F. Public Hearing for Hastings Subdivision No. 3 (H-2017-0032) by Encore Development, LLC Located 2100 & 2160 W. Everest Lane Approved 1. Request: Combined Preliminary / Final Plat Approval Consisting of Eleven (11) Building Lots on 3.48 Acres of Land in an L-O Zoning District 2. Request: Modification to the Existing Development Agreement to Remove the Number of Buildings that can be Constructed Within the Development G. Public Hearing for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division Continued to November 14, 2017 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements AND Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing, Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts H. Public Hearing to Consider the Conveyance of Certain Real P roperty on E. Pine Avenue near Main Street to the Ada County Highway District for Right of Way Purposes Approved 1. ORDINANCE NO. 17-1730: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER OF E. PINE AVENUE AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. 11. Department Reports Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 6 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. A. Parks & Recreation Department: Hillsdale Park Agreements with the West Ada School District Approved 12. Ordinances A. ORDINANCE NO. 17-1731: AN ORDINANCE (H-2016-0104 – PARAMOUNT DIRECTOR) FOR THE RE-ZONE OF A PARCEL OF LAND BEING A PORTION OF THE NE ¼ OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM TN-C (TRADITIONAL NEIGHBORHOOD CENTER) AND C-C (COMMUNITY BUSINESS DISTRICT) to R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE Approved B. Amended onto agenda: Ordinance No. 17-1732: AN ORDINANCE (H-2016- 0027 MAVERIK) FOR ANNEXATION FOR PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. Approved 13. Future Meeting Topics 14. Executive Session per Idaho Code section 74 -206(1)(f): To communicate with legal counsel for the public agency to discuss the legal rami fications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Vacated Meridian City Council Meeting Agenda Tuesday, June 6, 2017 – Page 7 of 7 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. Adjourned at 10:49pm Meridian City Council June 6, 2016 A meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, June 6, 2017, by Council President Keith Bird. Members Present: Keith Bird, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Sonya Allen, Steve Siddoway, Warren Stewart, Brown, Mark Niemeyer, Baker, Keith Watts 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 _O Mayor Tammy de Weerd Bird: Okay. It's 6:04 and I'd like to call this meeting to order. It's the regular City Council Tuesday night, June 6, 2017, Council meeting and start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance by Troops 153 & 306 Bird: Number two on the agenda is the Pledge of Allegiance and we are going to be led by Troop 306 and Troop 153. If they would come forward and get us on our Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard, Ten Mile Christian Church Bird: Thank you, young men. Item No. 3 is our community invocation by Mr. Woodard from Ten Mile Community Church and if you would take this time to join in the community invocation or a time of reflection. Woodard: It's Ten Mile Christian -- Meridian City Council June 6, 2017 Page 2 of 112 Bird: Ten Mile Christian. What did I call it? Woodard: My prayer tonight is as follows: Our Dear Heavenly Father, we come before you tonight to ask for your protection of our nation and for wisdom by this our City Council. I pray for each of them that they remain wise in their handling of city business . We are listed nationally as one the fastest growing cities in the nation, number 13, and this kind of growth brings a whole new set of issues for the city services, police and fire protection, schools and trying to keep a small town friendly atmosphere in now Idaho's second largest city. We are fortunate to have this Council. They are open to new ideas and progressive in their thinking. Concerns raised by citizens are addressed and not swept under the rug. Keep our youth safe this summer and now that -- and now that school is out. We cringe at what happened to a young man in Nampa just a couple days ago and pray that similar incidents do not happen in Meridian. I pray tonight for his full recovery and prosecution of the two young men who almost killed him. But aside from the local issues, I pray tonight for our nation. In my 80 years I have never seen such a division in national attitudes as I see today. When we pray each City Council meeting and pledge allegiance to the American flag, may we really mean it. We are not a nation of division, but of one people who abhor evil by groups who claim violence is a God given right. I simply ask that you protect our city, its citizens and especially the men in blue who put their lives on the line to safeguard our families each day, in Jesus' name, amen. Item 4: Adoption of the Agenda Bird: Thank you, Larry. Next item is the adoption of the agenda. Mr. Borton. Borton: Mr. President. Item 7-K, H-2016-0027. Item 7-R is proposed Resolution 17- 2016. And Item 10-H is proposed Ordinance No. 17-1730. Ordinance in Item No. 12-A is proposed Ordinance No. 17-1731. And 12-B, which will be -- is being amended onto the agenda as proposed Ordinance No. 17-1732. And Item 14, which is identified as an Executive Session, that item will be vacated and removed from the agenda. Okay. And, Mr. President, Item 7-Q will also be vacated and removed from the agenda. With those amendments I would move that we adopt the amended agenda. Milam: Second. Bird: Okay. We have got a motion and a second to adopt the amended agenda as read or -- yeah. Mr. Clerk. Coles: Mr. President? Meridian City Council June 6, 2017 Page 3 of 112 Bird: All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 5.: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum Bird: Now Item 5 is Future Meeting Topics, Public Forum. 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 active land use development application s. By law no decisions can be made on topics presented under the public comment section , other than the City Council may request that 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 a matter following the meeting. I will open this public meeting up and is there anybody that would like to come forward for a three minute testimony? Testify. Coles: Mr. President? Bird: Have we got sign up? Coles: There was nobody on the sign-up sheet. Bird: Nobody on the sign-up sheet. Would anybody like to come forward? Seeing none, we will close Item 6 then. Milam: Five. Bird: Five. I'm sorry. I can't read. Item 6: Proclamation for Public Works Week Bird: We will now do Item 6, which is a proclamation for Public Works Week and with your permission, Council, I will go down -- this week is Public Works Week, which is a very, very important position on the city. Coles: Mr. President, will you pull the microphone -- Bird: If Mr. Bolthouse will come up, our director. Whereas the dependable delivery of public works service, including supply and distribution of clean, safe water, wastewater collection and treatment and solid waste management is critical to the health, safety and quality of life of the residents of our community and whereas the ability to -- to sustain the quality of these services to independent and understanding and support of informed Meridian City Council June 6, 2017 Page 4 of 112 citizens and whereas planning, design, construction, operation and efficient and reliable Public Works facilities are dependent upon the dedicated and skill of Public Works employees and whereas the staff and leadership of the Meridian Public Works Department and those of our Public Works partners understand the importance of the work they perform and are dedicated to serving the community, therefore, I, Tam my de Weerd, do hereby proclaim the week of June 3rd through June 9th, 2017, as Meridian Public Works Week in the City of Meridian and I will call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing any Pu blic Works Service and to recognize the contribution that Public Works officials make every day to our health, safety, and comfort and quality of life. Thank you. Bolthouse: I do have a couple comments. Thank you. Do you want to take a moment to migrate? Okay. Thank you very much, Council President Bird and the Council Members. I appreciate the opportunity and thank you and gladly accept on behalf of the hundred professionals in our Public Works organization who are tirelessly serving you and the community on our responsibilities. This is the 9th Annual Public Works Week that we have celebrated here in Meridian and we are off to a great start. Saturday we kicked off with our annual Poop Scoot. That's the traditional run to chase the tennis ball through the city onto the wastewater treatment plant and we had a small , but energetic group that participated. We had a great day and very much appreciate support of that. Something unique to that fun run is that our registration fee is food for the food bank and so canned goods -- we brought -- brought in several barrels of food that we were able to give to the -- the food bank. We actually collected about 20 percent more food this year on the fun run. So, that's an important part of that activity and along the way you follow Five Mile Creek and there is all kinds of wildlife and ducks and there was even some rumor that there was an Oregon Duck that actually had a pretty good showing in the race this year, but, you know -- still trying to validate just exactly what route they ran, but did it very, very well. So, no, we appreciate -- appreciate the support and the attendance by the Council to help us kick that off. Tomorrow we continue the week's events with the Go With The Flow Tour. Once again, we got a full bus. Hopefully got a great evening planned for that group. Not only are we picking up the iconic water tower tour and the lift station at South Black Cat, but this year we have added Well 27 and the water treatment facility. So, this will be t he first time we have been able to share with the public some of the technology that we have installed to improve and continue to work on our water quality throughout the city. So, this is our newest installation for water treatment and, then, obviously, we end up at the wastewater treatment facility, the Wastewater Resource Recovery Facility and have a great tour out there. A lot of things going on as we -- as we continue to expand that facility to meet our needs. One of our cornerstone events, then, is Thursday afternoon, which is out here at the City Hall Plaza. That's the Wastewater or, excuse me, the Meridian City Council June 6, 2017 Page 5 of 112 Public Works Expo. Got a growing attendance from -- from our partners throughout the community that work with Public Works. It's a great opportunity for particularly kids to come, get an education on the things that we do in Public Works, fun, food, hands-on experience. So, we look for a great event there. So, once again, we very much appreciate it and in -- in our tradition we develop a commemorative coin. This year's theme of Public Works Week is Public Works Connects Us and I'd like to offer the Council a coin. It's a show of our appreciation. We also give these to each of our partners that participate throughout the week as well. So, I'll take a moment. Bird: Thank you, Dale, for your staff and everything they done and do and the facility that they maintain for us. We certainly appreciate it. I know the community appreciates it. Thank you very much. Bolthouse: Thank you. Look forward to seeing you this week. Item 7: Consent Agenda A. Approve Minutes of May 23, 2017 City Council Regular Meeting B. Chesterfield Subdivision No. 4 Sanitary Sewer and Water Main Easement C. TM Crossing Subdivision No. 1 Water Main Easement No. 1 D. TM Crossing Subdivision No. 1 Water Main Easement No. 2 E. Whitebark Subdivision No. 2 Sewer Easement F. Final Order for Bainbridge Subdivision No. 5 (H - 2017 - 0043) by Brighton Investments, LLC Located Approximately 1/2 Mile South of W. Chinden Boulevard and 1/4 Mile West of N. Ten Mile Road G. Findings of Fact, Conclusions of Law, Decision and Order for New Beginnings (H - 2017 - 0026) by Chris Fuhrman Located 780 E. Ustick Road H. Findings of Fact, Conclusions of Law, Decision and Order for Rockbury Subdivision (H - 2017-0018) by Rock Harbor Church, Inc. Located 6437 N. Tree Haven Way Meridian City Council June 6, 2017 Page 6 of 112 I. Final Order for Gyro Shack at Par amount (H-2017-0059) by Jeff Likes Located 5038 N. Linder Road J. 2nd Addendum to Development Agreement for TM Crossing (MDA-H-2017-0027) with Brighton Investments, LLC; SCS Investments, LLC; SBG Ten Mile Office No. 1, LLC and SBG Ten Mile Office No. 3, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest ¼ of Section 14, Township 3N., Range 1W K. Development Agreement for Maverik (H-2016-0027) , by Maverik, Inc. for Development located at 1515 E. Fairview Avenue on the Southwest Corner of E. Fairview Avenue and N. Locust Grove. L. Surety Agreement between City of Meridian and Maverik, Inc. for property located at Locust Grove/Fairview M. Final Plat for Silverwater North (H - 2017 - 0069) by Trilogy Development Located Southwest Corner of E. Victory Road and S. Mesa Way N. Final Plat for Little Creek Subdivision No. 1 (H - 2017 - 0067) by David Alexander Located 1470 N. Locust Grove Road O. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the “WELL 29 PUMPING FACILITY - CONSTRUCTION” project for a Not-To-Exceed amount of $776,045. P. Approval of Award of Bid and Agreement to SUNROC CORPORATION for the “SIMPLOT RV RELOACTION PAD” project for a Not-To-Exceed amount of $212,546. Q. Amendment to January 24, 2017 Subrecipient Agreement Between City Of Meridian and West Ada School District for PY 2015 Community Development Block Grant Funds adjusting grant allocation amount from $65,000 to $80,000 for the Meridian Picnic Shelter Project Vacated Meridian City Council June 6, 2017 Page 7 of 112 R. Resolution No. 17 - 2016 : Reflection Ridge (H-2017-0071) Slope Easement Vacation S. Finance Vendor Payments Made on May 31, 2017 of $698,891.14 T. Finance Vendor Payments of $458,165.63 Bird: You bet. Next item. Consent Agenda. Mr. Borton. Borton: Mr. President, with Item K being H-2016-0027 and the removal of Item Q. Item R is proposed resolution 17-016, I would move that we approve the Consent Agenda and have the President sign and Clerk attest. Milam: Second. Bird: I have got a motion to approve the agenda as amended and second. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved From the Consent Agenda Bird: We had no items moved from the Consent Agenda. Item 9: Community Items/Presentations A. Muscular Dystrophy Association: Fill the Boot Thank you Bird: So, we got the Community Items/Presentations. A, Muscular Dystrophy Association Fill The Boot thank you. Presenter -- is April here? Gannon: First of all, I just want to thank the members of City Council for taking the time to hear me today and thank you for all of you r support. My name is April Gannon and I am the fundraising coordinator for the MDA Idaho office. We serve over 600 families in southwestern Idaho and cover the City of Meridian. We have a clinic that's multidisciplinary for our families. We also have low closet support groups and a week long summer camp for kiddos living with muscular dystrophy, ALS, and other life- Meridian City Council June 6, 2017 Page 8 of 112 threatening diseases and I wanted to let you know how much we appreciate your support of Meridian Fire Local 4627 Fill The Boot each year. They actually raised over 15,900 dollars in one day this past year. Bird: All right. Gannon: Yeah. And that thanks to their hard work and dedication, as well as the City of Meridian and the community here and I wanted to let you know that, you know, firefighters are longest -- largest standing partners and they have raised over six hundred million dollars for MDA. We have seen a lot of advancements throughout the years. One example is with Duchenne muscular dystrophy. When we started in 1950, the average life span of a kid living with Duchenne muscular dystrophy was only 12 years old. As of today kiddos of -- the average lifespan is into their late 20s and within the last six months the FDA has approved two drugs that are actually fighting the disease itself, not the symptoms. So, we are very excited to see these advancements and they wouldn't be made possible without the dedication from our firefighters that take their time off duty to come out and fill the boot and to support MDA, not only, you know, raising money for us, but also spreading that awareness, so the community knows how much their support is needed. So, we really appreciate their support, your support, and the support of the local community. Bird: Thank you very much. Gannon: Thank you. Gird: We appreciate that. Gannon: Yes. And I wanted to present a plaque to the City Council and, then, also one for the Mayor. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: If I may -- I know we have got a full agenda , but before we move onto the next item, I just wanted to reiterate my thanks to the association for taking their own personal time to do this. I think that's something that's important for our public to be aware that these guys, who work day in and day out, take their own time to go and volunteer and do this and it's a show of how our community supports one another at all levels, and so thank you guys and, please, pass it on to all of your fellow employees Meridian City Council June 6, 2017 Page 9 of 112 and other firefighter. We appreciate them taking time to do this. It's a great cause and I know I have heard from a lot of Council Members that hope they are able to raise a ton a money and it's great to see that we did. B. Mayor’s Youth Advisory Council: Participatory Budgeting Bird: Okay. Item B. Mayor's Youth Advisory -- Baumgartner: Hello? As Mr. Coles passes out a packet for you, I will introduce myself. I'm Lance Baumgartner with the Mayor's Youth Advisory Council participatory budgeting. So, I'm going to be speaking for a little bit. I actually have two presentations for you. So, Council President, I'd like to start with our participatory budgeting process presentation for the fiscal of 2016-2017. Bird: You bet. Baumgartner: So, to begin I will go over a little bit of the basics of the participatory budgeting planning committee or the PB planning committee. The subcommittee comes out of the Mayor's Youth Advisory's government affairs subcommittees. So, we are a subcommittee of a subcommittee and as of that we have about seven to ten individuals that regularly participate on the planning committee and every year we take time to do elections and assignments in which we elect a vice-president -- a vice-chair, a chair, and an historian and as of this year we have also added a scribe to that appointment list and we also -- with the members that participate we also have a few advisors, including Madam Mayor Tammy de Weerd, who is, unfortunately, not here tonight, Councilman Borton and Todd Lavoie, the chief financial officer for the City of Meridian and Jenny Fields, the budget analyst for the City of Meridian. So, this year we have taken quite a few actions and decisions that have changed from years previous. Our timeline was changed quite a bit this year. We developed new criteria for the project application. We developed a new application, which is included in that packet there. We also instituted a plenary project review period in which we reviewed all of the applications to ensure their professionalism and their seriousne ss in regards to the projects, assigning city and community partners to the authors of each individual project to help facilitate the professionalism that's needed in order to conduct this process and we also worked on our communication to the authors of e ach individual topic and, then, working on developing the individual's presentation skills and operating the standard elections for the process. The application development and project eligibility standards. So, this year we adopted a new application model and I know this is a little boring, but for us it was quite exciting and we went from an anonymous submission process to one that incorporated the ability of the authors to fully own and participate in their idea from Meridian City Council June 6, 2017 Page 10 of 112 the beginning of the process to the end of the process and you will see in your packet there an example of the application utilizing fiscal year 2015-2016 example of Tully Park and this new application process allowed us, one, to keep accurate records and in doing so allowed each of the authors to really work with us to develop their idea and prevented us from just taking over the projects as we have in years previous. Furthermore, we develop project eligibility standards, which are as follows: The project does not require the hiring of a new employee, is open to use by all citizens and is located within Meridian and its area of influence. It is a one-time expense and, obviously, the project must be legal. With this new application and the project eligibility standards, we had a great turnout of projects, about 33 serious ones. We get a few unserious ones every year. But 33 that were eligible for consideration. So, we took on two different types of voting this year. We did a preliminary vote and a final vote. So, the preliminary vote was of the three -- 33, excuse me, projects that were reviewed previously by the planning committee and that were eligible for consideration -- of these approximately nine presented. That number seems low and I will explain that number. Several presentations incorporated more than one and in some cases several applications that were either very similar ideas or the exact same idea and two of our final three projects, intergenerational community garden and the memorial plaza at Kleiner Park were both applications that combined several applications. So, with that we have probably 18 total applications represented out of that 33. And out of the preliminary vote we had the top three move forward and those are intergenerational community garden, the sensory park addition, and the memorial plaza at Kleiner Park. And, finally, we had our final vote and of those three, the memorial plaza at Kleiner Park was our selected project. So, I'd like to go over a little bit about what PB does for the community and part of that community that PB reaches out to is the youth. So, the teen factor, really, is a unique factor of participatory budgeting. Participatory budgeting is a new -- new way of engaging a community and is -- as Meridian's adopted it, it has come to the Mayor's Youth Advisory Council to operate this process and with that we have the ability to engage our youth in a way that we have never had before and really what PB does, if you get down to the gist of it, is it builds a sense of community and ownership within the community from the youth's perspective and it illustrates the values of one's civic duty and the responsibility of your own voice and your vote within the community and it's building that civic duty and that community mindedness that PB really s eeks to engage the youth at. So, some of the skills that were gained by all of the participants from the authors, to the planning committee, to anyone that was really touched by this project, which is far and wide, were skills and professionalism, leadership skills, and group communication skills, which are key for our youth success in the near and distant future. Presentation development. Public speaking skills. Developing community relationships and partnerships, which building such networks will push our youth to go farther in the future, open up doors and opportunities that would otherwise be closed to Meridian City Council June 6, 2017 Page 11 of 112 them and build a community in which we develop an attitude of helpfulness and an attitude in which we can seek to improve our city by partnering with local organizations, businesses, and individuals to improve the quality of life we have here in the City of Meridian. Further skills are working within a budget and building the philosophy and responsibility of spending taxpayer dollars appropriately and adequately in terms of their proposed application and developing a project within criteria , where many skills that the youth that -- that were involved in the process gained. So, on a broader perspective, we have several benefits to the community and fore most is the development of our youth. That being said, we have an engagement in civic duty, builds informed citizens and the understanding of local government and its operation . Long lasting improvements to the city are also key benefits. The Tully Park from last year and the future memorial plaza are just a few examples of those and as the process continues into the future , hopefully, we will see more and more amenities that become desirable for the community and, most importantly, for many of us is the retention of our youth. It builds a sense of community roots in our youth as they participate in the process and it draws them back to continue improving Meridian and bring back the talents they garner from the wider world and brings them back into the c ommunity. So, for next year, while it was widely successful this year, we have room to improve for sure. So, we are looking to -- within ourselves to improve the process in terms of a higher level of commitment to the planning committee, a more organized effort to work through the applications faster and quicker, and to accommodate that goal we are adopting a vice-chair position that will operate through the government affairs committee of MYAC. We will also be seeking to begin the process a little earlier to allow professional ideas with inspired talents to really be developed and grow as we had a short period to do so this year. Develop comprehensive expectations for the authors, so that they understand that they will be championing their project all the way through the process and some feedback directly from the planning committee was creating brochures, instructions, and an informational handout about participatory budgeting to authors and the general MYAC council, but also to the wider community. So, they can understand the benefits and the reasons for maintaining participatory budgeting. And the other improvement that we seek to correct as a committee was the lack of commitment to the project from several of the authors and that can be attributed to the youthfulness of the area in which we operate, but we also seek to curb that and provide a level of professionalism that 's appropriate for the city. And, finally, we thought that marketing PB was going to be our biggest task for next year to the general community and general MYAC as well, just so we understand what it is, the value that it has and the benefits it has for our community. And as I conclude and get to a portion of the questions, I'd like to ask that the City Council as you consider next year's budget here shortly, that you would continue to allow PB to have the benefits that it has in society and we are asking that you also give us feedback, so Meridian City Council June 6, 2017 Page 12 of 112 that we can improve our projects in the future. So, with that I would open it up to any questions, comments, concerns, and what have you. Bird: Council, any questions or concerns? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Lance, two years ago, when Youth Council embarked on participatory budgeting I was really cautious. I was not at the forefront of this idea and kudos to the Youth Council, Councilman Borton for -- for pulling me along and you guys continue to improve each year. Just a couple of thoughts. One, I hope everybody had a chance to review the list of ideas here that didn't happen. A lot of these are winners. There is a lot of really -- Baumgartner: Yeah. Cavener: -- great ideas, things that I'm hoping that either the Youth Council can continue to be a champion for or perhaps get in contact with cit y staff, because I think there is some things in here for our community that would make a lot of sense. Suggestion for moving forward. I recognize that while every high school student in Meridian should be in the Youth Council, not every one of them are and I would really encourage you to reach out from your walls and engage the high schools and see if maybe there is another great idea that comes from -- from our schools. Just because they haven't been on Youth Council shouldn't preclude them from participating in this process. Baumgartner: Thank you. Bird: Anything else, Council? Mr. Borton. Borton: Mr. President. Lance, is the request that the funding of 20,000 -- Baumgartner: Uh-huh. Borton: -- continue going forward. Baumgartner: Correct. Yes. Meridian City Council June 6, 2017 Page 13 of 112 Borton: Tell us briefly about the -- the winning item. Baumgartner: Yes. And so I have a following presentation for that specifically. Borton: Okay. Baumgartner: But the winning project was a memorial plaza at Kleiner Park to be placed almost adjacent to the Rock of Honor. The -- and I will get to the specifics of the project here shortly. Borton: Okay. All right. Milam: Mr. President? Bird: Mrs. Milam. Milam: Lance, your presentation was so thorough that you answered all of the questions that I was thinking of during your presentation . So, great job and I love this whole process and how involved you guys are . Last year's project was amazing. I'm very, very proud of it and proud of you guys. So, keep up the effort. Baumgartner: Thank you so much. Borton: Mr. President? Bird: Mr. Borton. Borton: I echo those comments. Your group has done phenomenal work and you're blazing the trail on this in the state of Idaho and your report and this information in particular about the process you go through is really fantastic and some feedback, I guess, to give back is don't necessarily ask for feedback from us. The process -- right -- it's a democratic process where we give the voice to the youth and we try not to taint it in particular by elected officials and -- and steer you towards a good project that we think might make sense, because it's not our voice, that we are trying to hear right now, we are trying to hear yours, so -- and I think you did a great job of keeping us out of that and in creating this list and culling it down to the final selection. That's going to be critical going forward. You have to be vigilant in avoiding influence from -- as to the items of interest, because they have to truly be of interest to your population, MYAC in this case. So, as long as the rules of the road which you described are maintained, we want to hear what your voice says. So, I think that's well done. Meridian City Council June 6, 2017 Page 14 of 112 Baumgartner: Thank you. Bird: Lance, you guys have done a great job with this budgeting and -- in fact, there is a lot of us elected officials that could learn from you. We should get feedback from you. Baumgartner: Thank you. Bird: Thank you very much. Baumgartner: Thank you. And I'm back for the next presentation. If you don't mind, I might grab a sip of water real fast. Bird: Yeah. Baumgartner: I'm going to forget that, but we will try to remember. Cavener: We will remind you. Baumgartner: So, hello again. I'm Lance Baumgartner and it's my privilege and honor to present to you the 2016-2017 participatory budgeting selected project and that is the memorial plaza at Kleiner Park. This also happens to be a project that I submitted and worked in tandem with my partner Logan Denon and I think that's how you say his last name. And so with that I will give you a little bit about that proposed project. So, here we have an overview. This project is proposed at a Kleiner Park, which is immediately adjacent to the Rock of Honor as mentioned before. For those in the audience and City Council, this -- the Rock of Honor is approximately -- very close in the park to the senior citizens center, as well as the south pond and this area, which is highlighted in color, is where the new project will be placed. So, a close up of that. We have a very simple and very peaceful design of a central piece of concrete and paving -- of pavers that will make a circle around a memorial tree. This design is not one that is very bold or ambitious. It falls within the budget very nicely and gives us a good buffer in case we run into any problems or issues. This is an idea that's not necessarily new or inspired from something that has come from abroad. It's just new to Meridian. We as a city do not have a place in which loved ones, family members, companies, organizations can commemorate people for their actions and their character and their lifestyle. And so that's what this really seeks to foster as an area of -- where we can appreciate the members in our community that have really made a difference and that we can also come forward as a community and remember the mission of Julius Kleiner. As the park was dedicated in his honor he also hoped to allow the park to get used and memorialize Meridian City Council June 6, 2017 Page 15 of 112 other people and that's what this addition to the park does, it allows families and so forth to commemorate those they have lost or loved ones and with that I will get into some specifics about the project. So, really, this project -- the very unique quality of it is it's scalable. We will start with the basics in terms of the construction period. We will have the initial development where the memorial tree is put in. The pavers and first ring of bricks will be installed, but as kind of subsequent need and additions are requir ed, there is room in the area and in the design for additions to the plaza to be made. So, as the plaza grows larger and larger, we will be able to expand as needed. Obviously, there is a limit to the expansion and growth area, but we have a good amount of that. But that obviously -- those additions are not included in this budget. Just to highlight that. So, more sections can be added and there is potential for more memorial benches to be added in the future to add to the atmosphere of the plaza. So, the brick purchases, as memorial bricks are purchased -- essentially, they -- they will be installed, but as they are purchased they will be taken out and engraved and replaced back. So, it's a very simple thing, it's an immediate development, we are not waiting for all of the bricks to be sold out to establish this project. And you can see in the picture at the bottom of the screen a little bit of what it looks like. Some of the most famous memorial plazas include the Olympia Plaza for the -- Olympics Plaza in Canada. I can't remember the city at the moment, but it's not a new idea. It's everywhere. And that's kind of where our -- ours is unique, though, is that it takes a new spin off of that . It's not for fundraising for a city or a building or an establishment of its own, it's as -- it's, essentially, a way for families to come together and commemorate those that they have lost, for members of the community that have made a great difference . So, that's the unique flavor of this particular project. So, again, here is an aerial location. The senior citizen center is just to the north of this. The south pond is visible in this picture and the Rock of Honor is immediately to the right of the proposed location. And what you see and read is what will be added and in orange is a second entrance way to the plaza . That's not necessary -- it's part of our contingency funds, so that we don't overspend. So, we have two phases as the first phase is completed we will add that second strip of pavers and so forth. So, the cost breakdown. In total it costs $18,851.25. We got it very precise. This is not the exact bid that we received, but this is the city staff 's estimates and we have a contingency in that of $1,713.75. The sidewalk breakdown costs by far the most with 9,240 being purchased or used from the sidewalks. The brick pavers themselves cost 4,080 dollars and the sandstone benches that will be added around the plaza are 1,400 dollars. The in-house expenses as the Parks Commission seeks to develop this portion of the park, will be adding nine trees and utilizing the several that are already installed in the specific area. So, to give you a breakdown of what it look like, we have here sandstone benches and potential brick patterns . We are still working out the fine details of how the bricks will be placed and how -- the style in which they will be engraved, but as that becomes clear, these are just a few potential Meridian City Council June 6, 2017 Page 16 of 112 options. We have got some fishbone patterns, some square patterns and so forth. And the benches, again, not a precise image, but one that gives a representative understanding of what will be installed . So, we have decided on an oak tree. And, again, these are not perfect pictures, but we have a representation of what it will look like when installed and, then, hopefully 50 years in the future what it will turn into. We decided on an oak tree, because it doesn't attract many pests, it's sturdy, it's stable and can deal with the weather. It's pretty low maintenance and it has a tendency for deep roots, so that it doesn't necessarily crack the pavers and the concrete construction. And it's also a shade tree, which will be very nice for the area as it lacks amounts of shade that would be beneficial and it will also blanket the plaza in shade as well as it grows. So, the design around the tree. Before you get to the pavers you see here on the right image cylindrical circular piece of pave work where the tree might be placed with pavers around it and, then, you see up in the top left images of shrubbery around the tree and, then, below you see a representation of what something in a plaza with an extending pathway might look like. And, obviously, these are not exact images, but they are good representations of what we are looking to accomplish. So, the construction schedule -- and we are in the beginning phases of this. One to two months for the final planning, getting bids, logistics and scheduling for materials and labor and, then, two to three months of construction time and into the future there will just be ongoing maintenance that the Parks Department will be taking on and with that we have everlasting enjoyment of this really serene area that will not detract from the area of the park, but will only add to the atmosphere and the memory of not only the families and the individuals that will be commemorated at the plaza, but also Julius Kleiner. So, with that I will take any questions, comments. Bird: Council? Well, I will start if nobody else -- fantastic. On your brick price, does that include the etching, too, the 4,000? Baumgartner: So, the bricks themselves will be purchased by the family and not -- the purchase price of the bricks will pay for the craving -- the engraving and the labor. Bird: Do you have prices yet on what the bricks are going to cost? Baumgartner: Each individual brick we are trying to get it down as much as possible, but we have estimates of a range from about a hundred dollars to 250 dollars and we will be working to ensure that the engraving is consistent throughout the plaza and the font and whatnot is consistent and when we establish that price it will be far -- somewhere in that range most likely. Meridian City Council June 6, 2017 Page 17 of 112 Bird: From experience, the more you can sell before you start laying, the better off you are. It's tough to go back in and pull them out and come back. Baumgartner: We will definitely consider that. Thank you. Bird: Done a couple of these. Any other questions? Great -- great, Lance. We are going to miss you. Baumgartner: Thank you. Council, thank you for your time and thank you for your help and consistency in participatory budgeting. C. 2017 CableONE Movie Night Sponsor Recognition Bird: Thank you. Next item is 9-C, Cable One. Renee. White: Isn't he an amazing young man? I got the pleasure of watching all of the presentations for that process and he knocked it out of the park and all of the youth council who voted on that project, they recognized the -- the quality of the presentation, so -- so, I am here to acknowledge the sponsors for the 2007 Cable One Movie Night and I realize you have a very long evening ahead of you . Give me just -- I'm going to tell just a really quick story before I thank these sponsors. I recently had the opportunity to go visit a family who has moved from Meridian up to Coeur d'Alene. They have two young daughters, a 14 year old and an 11 year old and I asked them what they were doing and how they like their new community and what they missed and Cable One Movie Night was what they both remembered and what they both missed. I promise I didn't prompt them. It was -- it was dear to their hearts. It created lasting memories, which, of course, is what we set out to do in the parks department. So, with that I will launch into this very impressive list of sponsors. First, Cable One has already come before you, they renewed for another five years and gave us the ability to purchase a brand new projector and I will tell you that that projector -- we test drove it on our first movie night last Friday and the quality is spectacular. So, I thank you all for that budget amendment that allowed us to ensure the picture quality for all of the Movie Nights to come. You might be seeing a few more movies at parks events as well. Let's see. We have two returning season sponsors. That's St. Alphonsus and Mountain -- America Credit Union. I'm going to have to put on my glasses. I was hoping to do it without. All right. Now -- there we go. Every night we have a talented production crew that comes in and they are, obviously, vital to -- to the production of the movie and so I would like to thank VCI Audio Entertainment. They set up the sound and they run the projector. They help make -- make everything happen. We have seven returning nightly sponsors. So, I'm pleased to thank the Meridian Library District, RC Willey, the Median Meridian City Council June 6, 2017 Page 18 of 112 Anti-Drug Coalition, Westside Body Works, New Horizon Academy, and both with two different movie nights, Biolife Plasma Services and Idaho Central Credit Union. And we have four new sponsors. I never have trouble filling these positions. People come out of the woodwork to come and be a part of this event, but that 's Kendall Ford, Heritage Auto Repair, Full Sail Real Estate and Four Seasons Spa and Pool and I will tell you that these sponsors pay the lion's share of what it costs to produce Movie Night. The rest of it is made up in our food sponsorship. So, this is one of the events that is -- the budget is completely covered through sponsorship and the food -- contributions that we get from the commissions. So, thanks to all of them and do you have any questions before I -- Bird: Any questions for Renee? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Renee, mostly I would just like to say thank you. Thank you to all of our sponsors, of course, but thank you to you and your team that do such an amazing job to put on an event that this community just absolutely loves, so -- White: Thank you. Yeah. I appreciate that. We had over 3,000 people at our first one. It's always a bit -- we hit it with a bang. It's fun. Bird: Fantastic. White: Yeah. Bird: What a great community event. White: Thanks to all of you. Item 10: Action Items A. Public Hearing Continued from May 23, 2017 for Goddard Creek (H-2017-0007) by Brian Porter Located 2780 W. McMillan Road 1. Request: Rezone of 12.38 Acres of Land from R-4 to the R-40 (5 Acres) and the C-C (7.38 Acres) Zoning Districts Meridian City Council June 6, 2017 Page 19 of 112 2. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 12.38 Acres of Land from Office and High Density Residential to Mixed-Use Community 3. Request: Conditional Use Permit for a Self - Storage Facility Consisting of Ten (10) Buildings on Approximately 7.38 Acres of Land in the Proposed C-C Zoning District 4. Request: Conditional Use Permit for a Multi- Family Development Consisting of Eighty-Two (82) Dwelling Units in the Proposed R-40 Zoning District on Five (5) Acres of Land 5. Request: Preliminary Plat Approval Consisting of Twenty- Two (22) Building Lots, and Five (5) Common Lots on 12.38 Acres of Land in the Proposed C-C and R-40 Zoning Districts 6. Request: Amendment to an Existing Development Agreement (Lochsa Falls Inst. #103012598) to Update the Development Plan for this Site from Office to Multi-Family and Self Storage Bird: Thank you. Okay. Item 10. Action Items. Item 10-A is a public hearing on Goddard Creek and the applicant has -- requests continuance to June 20th, 2017. Is there a reason to continue it again? Allen: President, the applicant is working with staff to resolve some issues. Bird: Okay. Council, what's your -- is there anybody here that -- Coles: Mr. President, we did have several individuals sign up on the public hearing sign-in sheet as well. Bird: Council, do you want to hear it tonight or -- I prefer to -- when the applicant -- Milam: Mr. President? Bird: Yeah. Meridian City Council June 6, 2017 Page 20 of 112 Milam: Generally in a situation like this we ask if there is somebody that really feels they need to speak about it tonight, if they can't be here on the 20th. But the presentation I think and the feedback is better to have them the night that we are actually having the hearing. Bird: Is there anybody here that would like to testify on Goddard tonight? The public hearing is -- come forward, then, sir. Fleck: Good evening, Council Members. My name is Donald Fleck. I live at 5197 North Black Sand Avenue. Meridian. And I have come before you to request this be denied for the following reasons: Each one of the items listed on the agenda is an extension of the language of the multi-use residential items. After the last meeting where this was overwhelmingly rejected as a multi-residential area, I would recommend that you deny the extension on this and ask them to resubmit a new request for the storage units. I don't see where this extension of this particular point of leaving the multi-use resident would serve any purpose for the residents that live in this community. And I also would like to reaffirm the last two testimonies I have made in this regard and ask that you just put an end to this one at this time. Thank you very much. Bird: Any questions? Thank you. Come forward. Please state your name and address. Pullman: Jean Pullman. 5130 North Goddard Creek Way. And I am just -- I will take just one minute, hopefully. I would like to read this, because last time I was way too nervous and didn't say what I wanted to say. Any continuance for this project -- for this applicant is not warranted. Any approval of this application as one or two parts breaks the development agreement within Lochsa Falls CC&Rs. So, you're either going to break the development or you're not. Why are we going forward with this? I'm a realtor with Silvercreek Realty. Any real estate agent will tell you that not every property sells and is it the responsibility of the City of Meridian to help every property owner make sure their property sells and develops? If so, you're going to have a long line out that door of sellers who can't sell and want Meridian City to help them meeting after meeting after meeting after meeting get this done. So, what -- at our last meeting someone said it sat for 15 years. We are in a brand new development area out there in northwest Meridian. It's just coming. And, again, is it the city's responsibility because a property owner's parcel has sat for 15 years to help them get that done? I don't think so. We have massive new development coming of houses and high density communities coming into that part of the city. Only have to drive one mile. As I testified last time, three -- if you approve this there will be three storage units within one mile. We can all see the City Council schedule. You guys are slammed with applicants. The city is just Meridian City Council June 6, 2017 Page 21 of 112 busting at the seams. I don't know why this one parcel seems to be getting continued hearings, continued hearings. You're either going to vote to break this agreement or you're not -- and rezone it or you're not. And we are hoping here tonight that you will just not give them a continuation on this application and we urge you to vote no to disapprove. Thank you. Bird: Any questions? Come forward if you would like to testify. Tolman: I'm Sheryl Tolman at 2695 West McMillan Road. Directly across the street from where this storage unit is proposed to be built. I know they stated last time they didn't think anybody was opposed to the storage unit. I want to go on record as being opposed. Unfortunately, I can't be here on the 20th. I don't know anybody that would be more negatively affected than me and my family. Traffic is insane and it 's only going to get worse if you put a storage unit with -- I don't know what they are going to do with the -- our telephone that sits right there where they are proposing their entrance. I think it's just going to be a haven for crime and other things. I don't know how the security is proposed for it, but if people from the road can't monitor what's going on -- I have already found abandoned gallons, knives and other things on my lane and I can only imagine it getting worse with -- with people having a place to store things and crime to be committed. I want to go on record that I am opposed to this and that I don't see any good coming from him it. The developers will leave in five years, it won't matter to them. But it will matter to me. It will matter to others I have talked to that are also opposed to this and I hope you will honor the agreement that's already in place for the zoning and Comprehensive Plan. Thank you. Bird: Any questions? Come forward, sir. Caliendo: Good evening, City Council. I'm Michael Caliendo -- Bird: Please state your name and address, please. Caliendo: I'm Michael Caliendo. I'm at 2582 West Divide Creek Street. Bird: Thank you. Caliendo: In Lochsa Falls. At the risk of being pummeled by tomatoes and eggs, I came from California. I grew up in Roseville, California. It was a beautiful area of oak trees, farmland, fruit trees, and it was a very rural community, much like Meridian. My job with the federal government moved me up here in 2007 and I came up here hesitantly, but when I moved up here I realized this was Roseville, California, 1970 all Meridian City Council June 6, 2017 Page 22 of 112 over again. What happened subsequent in Roseville -- I watched within 20 years strip malls, tilt-ups, warehouses, and storage facilities down every main boulevard, which took away the hometown feeling. Also when you move in -- I moved into Lochsa Falls because it has the nice roundabout -- it was the only thing out there at the time and everybody says you're crazy to move way out there. Since, then, a lot of development has come around us, as well as a lot of high-density. Traffic is -- my commute to work has gone from 15 minutes to sometimes up to 40 minutes. So, I am opposed to the storage facility. We have one on Linder, one on Chinden, and one on Ten Mile. One additional one -- four in a two Mile area is ridiculous. The other thing is storage facilities do create a lot of crime, like the others have mentioned, and as well as -- I would like to keep the Lochsa Falls community genre the way it was developed and designed and keep it in its integrity. Thank you for letting me speak. Bird: Thank you. Anybody else? Council, what's your pleasure? Continue? Cavener: Mr. President? I'm going to make the assumption -- Sonya, the applicant's not here? They are not here? Bird: The applicant is not here. Cavener: I don't know if the applicant -- if the applicant's here and wants to have the opportunity to provide response or -- I would just like to hear from the applicant as to -- Bird: The applicant has already requested a continuation to June 20th; right? Nary: Mr. President? Bird: This is the second -- this would be the second continuance? Nary: Mr. President? Mr. President? So, planning staff and myself met with the applicant's architect last week on Tuesday and discussed what -- the direction that Council had provided at the previous meeting and for them to be here tonight -- for what -- what was discussed is the potential of -- of changing the application somewhat -- the discussion was on the storage units only, not providing any type of residential component to this, requires some major redrawing of that. To meet our timeline that would have to have been done by Thursday and Mr. Carpenter said there is no way I can do that by Thursday, because there is a bunch of things that we would have to do to make that happen. So, that's the reason for the continuance. So, he's attempting to meet the Council's direction -- again, as one person wrote yesterday and I responded to -- again, I don't know that he can meet that or not. I mean really until he submits an Meridian City Council June 6, 2017 Page 23 of 112 application that we can evaluate it and -- then it either complies with the ordinance or it doesn't, there really isn't any way for the -- the staff to comment on anything. So, that was the reason. When we met with them on Tuesday there wasn't really any adequate time for him to prepare anything to meet this deadline , of -- which was last week. So, that's the reason as far as I know. Why he isn't here tonight I don't know. Milam: Mr. President? Bird: Mrs. Milam. Milam: Well, then, why is it still listed with the multi-family if -- Nary: Mr. President, Members of the Council, Council Member Milam, remember, this is the -- this is the application that's been noticed and vetted. The Council didn't deny the application, you just didn't approve it. So, it's the same application. So, the request, for example, you had tonight is saying let's just take all that out. That would be starting over. That would require a new notice. That would require a remand. We don't even know that that's necessary at this juncture. So, what's in front of you is what's been properly noticed for you to consider. You still have the ability to deny it. You still have the ability to consider it or remand it. That's what we are waiting on is the applicant to see if they have met the requests the Council's had or not. If they have and it's satisfactory to you, then, you can move forward. If it isn't you can deny it. So, it's -- it really hasn't made any decision points, but we couldn't change this, because this is a notice that the public already has received and is required by code . Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Maybe a comment, then, for Council. Or if the applicant is in the building, but is not in council chambers is are they able to meet a deadline that would -- all these people don't have to come back on -- on June 20th and ask to continue it again, because that I do not have the stomach for and so I don't know if -- someone said the applicant is here or isn't here -- if they are here and would like to provide -- and I don't know for Sonya or for Bill that the applicant has indicated that they would be able to adhere to a deadline, so that they could be here on the 20th. Nary: Mr. President, Members of the Council, Council Member Cavener, in the meeting when Mr. Carpenter indicated that he could not meet a deadline of Thursday of last week, we said the following week is a workshop, we by code don't do land use hearings Meridian City Council June 6, 2017 Page 24 of 112 in there unless it's absolutely necessary and, then, the following week, the 20th, is a normal Council meeting. If that's the one we would set it to can he meet that and he told us he could. So, again, if the Council wants to make it very clear that if you do grant this extension you're not getting another one that's certainly within your prerogative and you have done that previously, so -- Cavener: The public hearing is still open. Bird: Come ahead. Forsyth: My name is Jonathan Forsyth. I'm at 2903 West Apgar Creek Drive, Meridian. Last time we were here on May 23rd, you know, we were trying to come to a conclusion on the application that was submitted for having residential and the storage unit. At that time, you know, it was kind of -- I was kind of blown away a little bit, because Mr. Carpenter actually was able to voice his opinion way after every testimony to try and change his application on the spot, which I was surprised was even an option and there is an agreement in place for that area already and, you know, I have been taking time off of work. This is the third time I have been here. My wife and I have been here to try and just hope to plead with you that we can deny this. I mean there is plenty of reasons. We have brought up so many different reasons over the past few times we have been here. I feel that, you know, that it should be declined. Now, Mr. Carpenter agreed last time on the 23rd that June 6th would be sufficient. Why that's changed I'm not sure. But I still feel that that should be sufficient. You know, I -- we are all used to deadlines. You know, you all have deadlines of your own. You know, I -- I, actually, am in home repair and improvement. My customers expect deadlines to be met and I have to do that, whether it's, you know, cutting my budget or hiring extra people to -- to get the job complete. That's just what we are used to doing. So, I mean I would just urge that, you know, everybody be on the same level there. Any questions? Bird: Any questions? Thank you very much. Forsyth: Thank you. Bird: Is there anybody else that would like to testify? Come on. Fisher: My name is Penny Fisher. I live at 2382 West Apgar Creek Drive, directly adjacent to this property. I'm coming to you today with a request to deny this. The reason why is it was one application and as one application I do not feel that we can just choose and pick and choose what part of the project we like versus which one we don't. We have come out -- this is the third time again. What I would like to be -- seen done is Meridian City Council June 6, 2017 Page 25 of 112 that if they do want the storage units they should come as a separate application and, again, it should come through all the Planning and Zoning and go through that, rather than just changing it and saying, okay, yes, is this okay, this is not. So, again, for those reasons I do ask for you to not continue to -- but to deny this project and if he does again if he wants to make him do a new application. Thank you. Bird: Any questions? Anybody else? Last call. Okay. Council, what's your -- what's your pleasure? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: We pretty consistently continue applications at applicant's request without much question. Given this one we had the opportunity to hear from some additional citizens, but I can understand why the applicant wouldn't be here given how consistently we do continue them at their request and so with that I move that we continue Item H- 2017-0007 to June 20th. Bird: A second? Little Roberts: Second. Bird: Okay. Motion and second to continue to June 20th, 2017. Any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Council Member Palmer brings up an interesting point that we do continue at the request of applicants, as is their privilege. That said, we often have many Consent Agenda items that are a request of development, many of those applicants arrive and sit here in case there is a question from the Council or a request for additional -- or a request for additional feedback and commentary. There is a public hearing that's noticed. If you're the applicant -- if the public has turned out for this -- I am saying I am flabbergasted that the applicant is not here tonight to at least hear from the p ublic and have an opportunity to provide an explanation from their perspective as to why this should be continued. So, I don't know if I'm -- if I'm -- if I would support these -- Bird: Hey. Meridian City Council June 6, 2017 Page 26 of 112 Cavener: Please, no applause. And, again, it's a -- it's a struggle for me to say, yes, let's continue it without that applicant being here to say here is the reasons why. I appreciate the feedback from staff and from Mr. Nary -- I guess Mr. Nary is staff, but I don't know if I'm there personally. Milam: Mr. President? Bird: Any other discussion? Milam: I'm -- I tend to lean towards Councilman Cavener's way of thinking and I -- I wanted to say, you know, first of all, to you, you know, thank you to everybody that came today and, then, you're taking the time and you came a few weeks ago and sat here for hours and hours and we really appreciate that commitment and we think -- I also I believe it is fair to hear out the applicant and -- and to give him a chance to -- to show us the improvements and the changes that he's made in this application. But, on the other hand, I feel it's very disrespectful to you all and to us to be asking for something without even showing a presence. So, I'm on the fence. Bird: Any other discussion? Borton: Mr. President? Bird: Mr. Borton. Borton: You hit the nail on the head, Councilman Woman Milam did and apologies are owed to the public who doesn't have a developer here to at least answer questions for the extension request, whether it's due to architectural or engineering or some third- party that's relied upon -- maybe there is a good reason. We hope there is. I'm supportive of the request to move it to the 20th, but I think I would want the applicant, in addition to addressing all of the concerns that were raised at the last hearing by the public, that the applicant, who probably automatically will, but be reminded to review the hearing from tonight and the members of the public that have shared their concern tonight and be able to be prepared to address those on the 20th. Not being present and giving some justification is probably not the best way to start. The reason for the continuance -- or one of the reasons for the continuance was if there was some mechanism that permitted a portion of the project to pr oceed or not and there wasn't censuses that that was appropriate or even that was possible. But it wasn't the time up here for us to try and dissect that project and the application into pieces and -- not the best way to get -- get the work done. So, if it was continued with reservation that was Meridian City Council June 6, 2017 Page 27 of 112 shared in the open meeting to see if there was some way that might have a viable solution, that clearly has not been decided. I think the continuance to Council Woman Milam's point to at least give the applicant that opportunity to answer that question -- might not be able to answer it. There might not be a solution. But I'm supportive of the 20th and Councilman Cavener's concern that if it were to go to that date, that's got to be the date and if you can't create a solution by then, then, there is your answer. So, I'm supportive of the 20th with those reservations and the direction to the applicant to respond to what the public has shared with us today. Bird: Any other questions? Mr. Clerk. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Maybe a question for Mr. Nary. If -- if this were to be continued, then, this would be the final continuance granted? Does that need to be made in the -- Bird: Motion. Cavener: -- in the motion? Nary: Mr. President, Members of the Council, Council Member Cavener, you certainly can add that to the motion. You could also add if -- I mean the other -- the other impetus many times to get this resolved is if -- if it isn't done you're either not going to grant a continuance or you will grant it or you will consider only a denial. But if you at least put some parameters around that it certainly makes it clear to the applicant what your intention is. Cavener: I don't know if the maker of the motion wants to -- Bird: Maker of the motion want to add that? No. Okay. Call for the question. Mr. Clerk. Roll Call: Bird, nay; Borton, yea; Cavener, nay; Milam, nay; Palmer, yea; Little Roberts, yea. Bird: Motion fails. Fails. MOTION FAILED: THREE AYES. THREE NAYS. Meridian City Council June 6, 2017 Page 28 of 112 Bird: Someone like to run a motion. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we continue H-2017-0007 to June 20th and that it be -- however I need to word it, but that we make a decision and that the applicant is made aware of that -- Bird: That it will not be continued again. Palmer: We won't have a continuance. Bird: Is there a second? Little Roberts: Second. Bird: Okay. Any discussion? Call for the question, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. B. Public Hearing for Oxygen Subdivision No. 1 (H-2017-0061) by James A. Kissler, LLC Located 1303 S. Silverstone Way 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on Ten (10) Acres of Land in the C - G Zoning District C. Public Hearing for Oxygen Subdivision No. 2 (H-2017-0062) by James A. Kissler, LLC Located East of S. Eagle Road and North of E. Overland Road on East side of Rackham Way, North of the File Mile Creek 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 4.72 Acres of Land in the C-G Zoning District Meridian City Council June 6, 2017 Page 29 of 112 D. Public Hearing for Oxygen Subdivision No. 3 (H-2017-0063) by James A. Kissler, LLC Located 1260 S. Eagle Road 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 3.77 Acres of Land in the C-G Zoning District Bird: Item B is a public hearing for Oxygen Subdivision No. 1 and, staff, can we open all of them up on the Oxygen? And C is Oxygen Subdivision No. 2. And Subdivision No. 3. Those three we will open at the same time. Staff. Sonya. Allen: Thank you, Council President, Councilman. I will try to kind of hit these all at the same time. Oxygen Subdivision Sub One consists of ten acres of land. It's zoned C-G and located at 1303 South Silverstone Way, north of Overland Road and east of South Eagle Road south of I-84. This is the vicinity map and short plat for phase one. Phase two consists of 4.72 acres of land, also zoned C-G. The same location generally. And phase number three consists of 3.77 acres of land , zoned C-G also. All of these properties were annexed back in 1995 as part of the development area of the I-84 center, a plan commercial development that never came to fruition . A development agreement was approved in 2015 that included changes to the original provisions of the annexation to accommodate the current development plan . The Comprehensive Plan future land use map designation for this property is mixed -use regional. Each of the short plats before you consist of two building lots and they do all comply with the dimensional standards of the C-G zoning district. All three of the sites do have frontage on Rackham Way, which is currently a local street, at the west boundary of the property. The first Oxygen Sub No. 1 also has frontage on Silverstone Way that is along the east boundary of the site here and there is also a little bit of frontage on East Overland Road. So, ACHD -- we don't have a staff report from them, but I have been in contact with Christy Little and she said that ACHD is requiring the applicant to improve Rackham that abuts the side on the west boundary as half plus 12 feet of a 36 foot wide commercial street with curb, gutter and sidewalk and a temporary turnaround at the end or Rackham with a sign stating the road will be extended in the future . The applicant may need to dedicate additional right of way to construct the improvements. In lieu of improving Rackham Way, the applicant may vacate the roadway and provide cross- access to the parcel to the north. Street buffers are required to be provided along all streets in a permanent dedicated buffer or a common lot depicted on the plat, maintained by the property owner or business owners association. The main issue for Council on these plats is if Council does have a preference one way or the other , if Rackham Way should be improved or vacated, would like to hear from Council on that. Otherwise, no written testimony has been received on these applications . Staff is recommending approval with the conditions in Exhibit B of each of the reports and if you Meridian City Council June 6, 2017 Page 30 of 112 choose not to have Rackham vacated, there are a couple of conditions of approval that would need to be modified, specifically in Oxygen Sub One we would want to modify site specific condition number five, which requires Rackham to be vacated to allow it to remain open and be improved per ACHD standards. In Oxygen Sub Two the site specific condition would be number four that would need to be modified the same. That is all staff has. If Council has any questions. Bird: Council, any questions for staff at this time? Is the applicant here? Thompson: Mr. President, Members of Council, my name is Tamara Thompson, I'm with The Land Group, 462 East Shore Drive in Eagle. Sonya went through real quickly the three and if you're not aware, Silverstone to the north is currently under construction. So, the -- the property owner is the same for all three of these and he's currently constructing that road to the north. So, that will be in soon. This summer. With the -- without having the ACHD staff report and that process to vacate would be a process through ACHD. We would respectfully request that the condition number five on number -- on the short plat number one that that read, basically, the way it is now where it says South Rackham Way that abuts the site shall be vacated and, then, strike the rest of that sentence and say or improve Rackham abutting parcel -- the parcel as half plus 12 feet of a 36 foot commercial street. So, that way we can work with ACHD. The applicant's intent is to vacate and -- but just because that is an ACHD process we would like that or in case that doesn't happen. So, that would be for all three. They all three have frontage on -- on -- on Rackham there. And then -- so that's number one. And, then, number two that would be conditioned number four where that would -- would say that exact same that I -- that I said before, which -- for number one, condition number five. So, number two would be condition number four. And the condition number six on plat two would need to be modified to say if vacated the applicant should coordinate the details of the emergency access with the Fire Department at or near the southwest corner, something to that effect, in case it's not. And, then, number -- number three did not have that condition to vacate or improve -- or to vacate and it seems like we should perhaps add that to the staff report , so it's consistent with the -- with the same language. And with that I will -- we have read the staff report and we agree with the conditions with the modifications that I have just outlined and we respectfully request your approval tonight. Bird: Council, any questions for the applicant? Thanks, Tamara. Thompson: Thank you. This is a public hearing. Mr. Clerk, have we got any sign-ups? Coles: Mr. President, there were no sign-ups for any of these applications. Meridian City Council June 6, 2017 Page 31 of 112 Bird: Okay. Is there anybody that would like to testify? This is a public hearing. Seeing none -- you got a reply, Tamara? Okay. Council, what's your pleasure? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Council, the question is for police. Rackham -- my mic is on. I'm just not eating it. Sorry, Dean. Rackham Way. I live on the south side. To me I see accidents there. I see that as somewhat of a traffic hazard, but I'm not a subject matter expert. Hate to throw out a question to kind of catch you off guard, but thoughts on Rackham Way? Concerns about if it's vacated, support of vacation, any -- any comments to provide? Brown: Mr. President, City Council, Councilman Cavener, I -- I don't have any information to provide you on that right now. Cavener: Thank you. Bird: Any other discussion? Allen: President Bird, Councilmen, if I may add on this. The applicant can only apply to request to vacate the portion that abuts their site. It isn't the entire length out to Overland of Rackham. So, just to clarify. And, then, just another note on that. When -- when the property southwest of this develops at some time in the future, Rackham -- if it remains a public street will likely be relocated further away from the intersection to the east. Bird: Thank you, Sonya. Any other discussion? Questions? Borton: Mr. President? Bird: Mr. Borton. Borton: Sonya, do you have a response to the applicant's proposed language for those modified conditions?. Allen: It was, essentially, the same as mine, so it's fine. Yes. Meridian City Council June 6, 2017 Page 32 of 112 Borton: Okay. Bird: Any other discussion? If not I would entertain a motion to have the public hearings closed. Cavener Mr. President? Bird: Mr. Cavener. Cavener: I move we close the public hearings on -- I'm not prepared. Milam: B, C and D. Cavener: -- in B, C and D. Bird: Okay. Got a second? Milam: Second. Bird: Got a motion and a second to close the public hearings on H-2017-0061, H-2017- 0062 and 207 -- H-2017-0063. Any discussion? If not all in favor say aye? Any opposed? Okay. Public hearings are closed. MOTION CARRIED: ALL AYES. Cavener: Mr. President, I move we approve 10 -B, C and D and include all staff and applicant testimony, including the request for the language related to Rac kham Way on the application. Milam: Second. Bird: I have got a motion and a second to approve B, C and D. Any discussion? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Mila m, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 6, 2017 Page 33 of 112 E. Public Hearing for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road 1. Request: Preliminary Plat Approval Consisting of Ninety- Three (93) Building Lots and Seven (7) Common Lots on 32.59 Acres of Land in the R-8 Zoning District 2. Request: Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site Bird: Okay. Next item is E. It's a public hearing for Caven Ridge Estates, H-2017- 0020, and I will open the public hearing and turn it over to staff. Allen: Thank you, Council President, Councilmen. The next application is a request for a development agreement modification and a preliminary plat. This site consists of 32.59 acres of land, it's zoned R-8, and is generally located south of East Victory Road, east of South Meridian Road and north of East Rumple Lane. This property was annexed back in 2006 with a development agreement and included a preliminary plat for Tenana Valley Subdivision, which was later replatted as Cavanaugh Subdivision. Since that time individual parcels have been sold off and are now under different ownerships and are being developed separately, rather than as a single master planned development as originally envisioned. The property north of the canal is almost fully developed with multi-family and single-family residential homes. The property south of the canal, except for a 22 acre parcel on the west side of Standing Timber Way and the four and a half acre parcel where the existing home is located -- and that is -- if you can see my pointer here -- that piece right there -- is owned by the subject developer. Most of the site amenities for this development were located north of the canal and that would be up in this area here and those south of the canal were on the property where the existing home is located that is now under private ownership . For this reason staff requested the applicant submit a new preliminary plat for the remaining area south of the Ridenbaugh Canal owned by this developer that contains its own amenities. Property boundary adjustments have been approved that have resulted in the cur rent property configuration. The Comprehensive Plan future land use map designation for this property is medium density residential, which is three to eight dwelling units per acre. The applicant is requesting a modification to the current development agreement, which encompasses all of the former Cavanaugh preliminary plat to remove the property owned by this developer and proposes a new development agreement just for the subject property and that would encompass the property that's shown on the map -- map on the left side that's a hatched. A concept plan was submitted that depicts how the 47 acres owned by the applicant located on the east and west sides of Standing Meridian City Council June 6, 2017 Page 34 of 112 Timber Way is proposed to develop. A preliminary plat is proposed for the property on the east side of Standing Timber as shown that consists of 93 building lots and seven common lots on 32.59 acres of land in the R-8 zoning district. The plat is proposed to develop in five phases as shown on this map. The average lot size is 10,550 square feet, with a minimum lot size of 6,955 square feet. The proposed revised plat complies with the UDC dimensional standards. The plat there on the left was the one that was submitted originally with the application and to comply with UDC code provisions a nd the staff report the applicant recently submitted the revised preliminary plat after the Commission hearing. Access is proposed by a local street from south -- Standing Timber Way, a collector street, via East Victory Road. Access will eventually also be provided by a Rumple Lane, currently a private street, at the south boundary of this site when the property to the west develops and a signal is planned for the Meridian Road- Rumple -- which will probably be Harris in the future intersection. Until su ch time access via Rumple will be emergency only. A ten foot wide multi-use pathway is proposed as an amenity along the south side of the Ridenbaugh Canal, along the north boundary of the site and that would be this area right up here . Other amenities proposed consist of a swimming pool with a structure containing restrooms and storage , a large open area, playground equipment and internal pathways. All amenities are required to be constructed with the first phase of development. Parkways with detached sidewalks are proposed throughout the development. Fencing is required to be installed between the pathway and the canal to deter access to the waterway for public safety. Conceptual building elevations have been submitted that shows the pool house and also a concept site plan for that area. Concept elevations were also submitted for the homes proposed to be constructed within this development . Commission did recommend approval of this preliminary plat. Kristi Watkins, J-U-B Engineers, the applicant's representative, testified in favor at the hearing. There was no one testifying in opposition. Dennis Bedient commented on the application. And written testimony was received from Kristi Watkins, the applicant's representative in response to the staff report. Key issues of public testimony where the traffic impact of the proposed development on adjacent streets, standing Timber and Victory, without Rumple Lane being improved as a collector street out onto South Meridian Road, State Highway 69. The applicant only has 25 feet of frontage on Meridian Road, which isn't enough width to construct a public street. So, that's why they aren't proposing a public access. Key issues of discussion by the Commission was the reconfiguration of the southern portion of the plat to comply with block length standards. As you can see here previously this was just one long block face along here and the applicant has broken that up some with these two cul-de-sacs and provided a pathway here on the south side of Pisa to break up the length. Another issue of discussion by the Commission was the concern that providing street frontage through the common area for the outparcel where the existing home is located will reduce the amount of qualified open space, which currently Meridian City Council June 6, 2017 Page 35 of 112 exceeds the minimum requirement at 12 -- 12.6 percent. There is a condition in the staff report that the applicant provide detailed calculations on the open space to verify that its qualified open space calculations are met. The Commission did include one change to the staff recommendation and that was a condition that street frontage via a local street is provided for the outparcel where the existing home is located. Direct access via Standing Timber Way, a collector street, is prohibited. The applicant has -- the applicant has provided street frontage right here to this outparcel as required. A couple of outstanding issues for Council tonight. The ACHD commission held a hearing for this project on May 24th and continue d the project to their June 21st meeting due to concern the project won't have public access via South Meridian Road, State Highway 69, via Rumple Lane. Only emergency access is proposed due to the lack of right of way for a public street. Staff did speak with ACHD staff regarding this matter and staff didn't expect their draft conditions, which are included in the staff report, Exhibit B, section seven, to change as this property just doesn't have enough frontage on Meridian Road for a public street to be constructed. Secondly, the applicant requests a waiver to UDC 11-3A-6A to allow the Ridenbaugh Canal to remain open and not be piped due to the large capacity of the facility and , lastly, include revisions to the staff report as noted in the memo to Council from staff based on the revised plat. You should all have that before you tonight and it is part of the public record . There has been no written testimony received on this application since the Commission hearing. Staff will stand for any questions. Bird: Any questions for Sonya at this time? Is the applicant here? Watkins: Thank you, Council President Bird, Council Members. Thank you, Sonya. That was very detailed. She doesn't leave me with a lot left to talk about, but the developer intends to develop this portion of the project similar to that which was originally approved in 2007. It's intended to compliment the existing single family residence uses that are already there. They own what is now Caven Ridge Estates Phase One. It's almost completely built out and they i ntend to continue this quality development in the future phases of this project. They intend to work with the builder that will provide the same quality of homes and intent to install all the attractive amenities that she listed. I'd like to address the three key issues that were in the summary on page one of the staff report that she reiterated. Bird: Ma'am? Before you go any farther would you give your name and address, please. Watkins: Oh, I'm sorry. I'm Kristi Watkins with J-U-B Engineers. Meridian City Council June 6, 2017 Page 36 of 112 Bird: Thank you. Watkins: 250 South Beechwood Way in Boise. Bird: Thank you. Sorry to interrupt. Watkins: Totally missed that one. So, Item C-I . The reconfiguration of the southern portion of the plat to comply with the block length standar ds, we did resolve that issue and just today we added another pathway as was noted in the memo that you received this afternoon between Lots 51 and 51 to decrease that even further. Item C -ii -- C-2, concern providing street frontage through the common ar ea for the outparcel where the existing home is located, they were afraid that it would reduce the amount of qualified open space. I have not had the opportunity to recalculate it, since we added the pathway between Lot 51 and 52. Before we did that this afternoon we had only decreased the open space by one percent, which took it down from 12.6 percent to 11.6 percent, so we didn't go below the ten. Now having added this pathway back in it's going to go back up. So, we did not go below the ten as far as we can tell. E-1. The ACHD commission held a hearing on the 24th and, then, choose to continue it to June 21st to address some additional concerns. I have three -- three points to make towards that. One, the area on Rumple Lane that would need to be improved is not fronting the applicant's property, nor any other property that they own, so they cannot improve property that does not belong to them. Two, the applicant only owns 25 feet width of the south side on Rumple Lane. This was originally provided as part of the property to create frontage that was needed on Meridian Road to make it a legal parcel when all of those properties were divided out and given two different owners. It's been noted that 25 feet is not enough width to construct a public street or even a safe access way according to ACHD standards. And, three, the applicant has agreed to ACHD's requirement for future improvement of Rumple Lane. They will be dedicating that 25 foot portion of Rumple Lane to ACHD and contributing to a trust for future improvements and a trust to the traffic signal that will be installed at Meridian and Harris . We have done our best in the past few weeks to work with staff and address all the issues that have come up. We intend to comply with the conditions that are set forth in the staff report and that were presented by other agencies that were involved with the review of this project. We appreciate your time this evening and we will stand for any questions. Bird: Any questions for Christy? Not at this time. Thank you. Watkins: Thank you very much. Bird: Mr. Clerk. Meridian City Council June 6, 2017 Page 37 of 112 Coles: Thank you, Mr. President. Brenda Walther signed up as a neutral, but would like to provide testimony. Walther: Mr. President, Council Members, Brenda Walther. I live at 661 East Ionia Drive, the north side -- north side of Ridenbaugh Canal. Right across from where the proposed is to start. Okay. The proposed is on the south side and I live on the north side. And I'm not opposed to this subdivision at all. The concern that I have is with a copse of trees -- I have -- I'm not very literate here, so I got pictures and I can give them to the City Clerk when I'm done. Oh, you can? This is the view from my second story window and as you can see -- well, I'm looking right across the canal at where there is going to be some houses and I know that there is going to be some houses there. Just to the left of me is a copse of trees, very wild copse of trees with good ground cover, scrub brush, and an amazing amount of birds in there and each morning I wake up, I -- I can give you a -- if can work my phone -- the wildlife that is in there is not stuff that -- okay. It's sideways, but this is the view. To the right as the copse of trees and look -- okay, there we go. And you're looking -- I'm looking directly like right in the middle there, so there will be houses there and, then, to the -- I mean to the left is the copse of trees, to the right is the development that's already going in and what I'm concerned about is the birds that are in there and I have -- I will just see if I can -- can you hear that? Come on. Okay. Never mind. Okay. There is the Goldfinch. I know there is two nesting pairs in there. And in the winter, actually, if anybody knows about Goldfinches in the winter, we had a dozen Goldfinches wintering in there, which I am very surprised, because they usually leave Idaho for the summer. We also have the hummingbird. I think this is the broadtail. We have a pair of broadtail. And we have at least two pairs of -- this is the Black-chinned -- this is the Black-chinned hummingbird and we have those in there. In the winter mostly we have the black crowned sparrow. There is a whole flock of those in that copse of trees. And we have a whole flock of quail. Our lovely quail. And why I like that copse of trees, compared to what I call green desert where there is lawn and trees, is because a lot of these birds need cover. They need the scrub brush. They need the brush. So, if you have got a green lawn with a bunch of trees, they are not there and there is a spot -- it's called -- I call it the green desert, that they have put in right before you get to that subdivision to take the place of the trees that they already took off the canal and I call it the green desert, because there is nothing there, except pocket gophers and people with their dogs walking. And I will real quickly -- we house finches. They are the second songbird. The Goldfinches are a beautiful song bird and, then, we also have red-winged blackbirds that are back there and we Jonquils that winter there. And also this guy was sitting on my fence. He comes hunting. Of course with wildlife you got the Cooper hawk -- this is the Cooper hawk that comes and hunts and every once in a while leaves a pile of feathers. Meridian City Council June 6, 2017 Page 38 of 112 Bird: Madam, would you, please, wrap of. Walther: Okay. Bird: Your time is up. Walther: And, then, the last guy is the peregrine falcon. I have seen him in the trees hunting, too. And so I'm just saying that with that copse of trees, this is about the birds and I wanted to raise this issue and speak for the birds, to try to keep that copse of trees, because they don't have a voice here and , hopefully, we can preserve their homes while building a bunch of our own. Bird: Thank you. Any questions? Milam: Ma'am? Cavener: Mr. Chairman? Bird: Ma'am. Milam: Sorry. Mr. President. Oh, I -- Bird: Mrs. Milam. Milam: -- did have a question for you. Are those all photographs that you took? Walther: Yes. No. No. No. No. No. These are photographs that I got off the internet. Milam: Those are some amazing photographs. Walther: Thank you. It's amazing to hear these birds and see them there and this copse of trees has got the scrub brush and t he snag and the -- you know, different things and I was thinking, you know, we don't -- I can't see any other place along this canal right there and it also -- just to -- it also -- there is space for that walking path to be continued from one end to the other in front of that copse of trees. Milam: Could be a nice addition I see. Bird: Thank you. Meridian City Council June 6, 2017 Page 39 of 112 Coles: Mrs. Walther, I will actually need those -- those photographs. Walther: Oh. Sure. Bird: Mr. Clerk? Coles: Thank you, Mr. President. Brett Walther also signed up to testify. B.Walther: Good evening. Thank you, Council. My name is Brett Walther and I'm Brenda's husband. I also live at 661 East Ionia, conveniently. I'm not going to repeat what Brenda said. I just want to add a couple of points from my perspective. We moved in there last year to East Ionia. We are just across the canal from this development. And we -- we have loved living in Meridian. We lived in Boise for 22 years. Came out to Meridian. Enjoy it very much. And one of the benefits I didn't expect was the sounds in the morning or the evening and we truly enjoy that every day and the invocation was interesting, because they spoke about our increased growth and we are losing our small town feel. This little island of life will be gone forever and so will all the birds and we do that in subdivision after subdivision after subdivision and eventually we don't have these sounds anymore. They are gone. We don't have this enjoyment. I totally understand developers have to make a living, that council members have to control growth and accommodate as best they can . All I'm asking is somehow with all these smart people from the developers, through Council and the city, that they find a way to approve this subdivision -- and it's a nice subdivision -- that allows a small island for wildlife and, really, that's our only point is -- is it's -- it's a huge benefit. It doesn't just benefit the birds, it benefits the people, all the neighbors that really enjoy this area and the benefits it provides and just asking that that be considered. Bird: Thank you. Any questions? Thanks. Cole: Next Patrick Thomas signed up to testify. Thomas: Good evening, Council. My name is Patrick Thomas. I live at 3360 South Andros Way in Meridian. I'm on the board of directors of the Redtail Homeowners Association, which is directly south of this -- of the Caven Ridge Estates Subdivision. Directly north. I'm sorry. And I want to get to -- okay. First let me state that we are not opposed to the subdivision. What we are opposed to is the completion of the subdivision without completing Rumple Lane to Meridian Road and what that's going to do -- that's going to cause a lot of traffic on Victory Lane. It's going to flood Victory Lane. Victory Road. Let me go over this map here real quick. This is the subdivision Meridian City Council June 6, 2017 Page 40 of 112 right here in yellow. Can you see this? Okay. This is the subdivision here. This is the Ridenbaugh Canal in blue. This is the portion of Standing Timber that the developer is going to complete. It connects to Rumple Lane. But, then, a portion of Rumple Lane that they have proposed completing only connects to Windstone, which is connecting to the Reflection Ridge Subdivision. We would like them to complete this portion in red to Meridian Road. And so Reflection Ridge Subdivision is outlined in orange on this map. There is right now only one access point to Reflection Ridge and that's Wrightwood Drive that's down here outlined in black. So, what will happen when they complete this section of Caven Ridge, these 93 lots, they are going to complete this section of the road right here in brown, which will connect to Reflection Ridge. So, what's going to happen is not only are all these homes in Caven Ridge going to go down Standing Timber to access Victory Road, but you're going to have a good portion -- a majority of the Reflection Ridge that are going to go down there as well and it's just going to bottleneck Victory Road. And, then, as you can see, you know, Reflection Ridge, it's a lot easier to go direct north to get to the highway down Standing Timber here than it is to go south, this direction. South to Wrightwood Drive to access Locust Grove and, then, you have about a mile of Locust Grove to traverse to get to Victory Road and, then, you have another mile either east or west, to get to Eagle or Meridian Road and so you can see where a lot of the Reflection Ridge homeowners are going to go and one other thing I want to point out -- for the traffic study, they considered Victory Road -- Thompson Engineering, the company that did the study, they considered Victory Road a three lane arterial. If you look at Victory Road, it's only a three lane arterial from Meridian Road east a half a mile. It's a two-lane arterial farther east than that and, of course, on the west side of Meridian Road it's a two-lane arterial. So, that's important, because they use that to determine what the peak p.m. hour count limit is for a three- lane arterial. Seven hundred twenty vehicles. For a two lane arterial it's 575. So, that's kind of an important distinction. And what we want to point out is that when the Thompson Engineers did their traffic study they were looking only at Caven Ridge, what impact Caven Ridge would have on Victory Road. What we are saying is that it's just not Caven Ridge, we have these 38 lots here in Caven Ridge that are already underway. There are approximately a hundred unbuilt lots in Cavanaugh. There are 31 lots in Bannock. Silverwater has three separate subdivisions -- Bird: Sir, can you summarize. Your time is up. Cavener: Mr. President -- Thomas: I have ten minutes. Bird: Oh. Okay. Meridian City Council June 6, 2017 Page 41 of 112 Cavener: I think he's with the HOA. Thomas: I'm with the HOA. Bird: Okay. Thomas: There are a hundred -- approximately 133 lots in Silverwater. So, you have all these subdivisions that are coming into play into Victory Road. But the -- the study was really focused on Caven Ridge only and I'm going to go over some of their numbers here in a second, too. Okay. Subdivisions. Oh. Another thing I want to point out, too, is Bannock Subdivision and the three Silverwaters access Victory Road at a two-lane arterial, not three-lane arterial. Okay. Second slide. This is from page 23 of the full Thompson Engineering report and it basically shows the same subdivision and they stated it's likely that traffic from existing subdivision may use the roads and in Caven Ridge to access Standing Timber Way and Victory Road, as that provides a significantly shorter route to the signal light at Victory Road and Meridian Road. So, they are, basically, saying that Caven Ridge is going to access this way. They are not going to go -- even though it's connected to Reflection Ridge and that's the second access point, they are going to go in this direction and so it's clear that Reflection Ridge will do the same thing. So, this is from their study they are kind of agreeing with, you know, what we are saying here. This is from page three of the ACHD report and it's copied from the Thompson Engineering study. It shows the peak p.m. hour traffic count on Victory Road on January 26th, 2017, was 599. Now, they are stating that this is acceptable level of service for a three lane minor arterial of 720, but it's above the 575 two lane arterial spec limit. In this section of the ACHD report Thompson Engineers estimates the peak p.m. hour impact the proposed development would have on Victory Road . So, they state the additional 93 lots in Caven Ridge East, the proposed development, will generate 93 additional peak -- p.m. peak hour counts based on the Institute of Transportation Engineers Trip Generation Manual, 9th Edition. And this is their statement here. So, each new lot will generate one additional peak p.m. count. A one- to-one ratio. So, if we add those 93 lots to the 599 empirically collected data that they had, that's 692. That's getting close to the 720. And, then, in this section here titled conclusions of the full Thomas Engineering report , this is on page 27, they estimate the peak p.m. impact Caven Ridge Phase One 1 and Caven Ridge East would have on Victory Road. A total of 138 lots. So, when you add those to the 692, you come out with 730. It's ten above the limit and now we are not even counting the other subdivisions that I mentioned. So, if we add those other subdivisions in, then, you look at this spreadsheet here, the left side here is for a three-lane arterial limit. There is three different scenarios here. So, if you look at Caven Ridge East, the 93 lots added to Meridian City Council June 6, 2017 Page 42 of 112 the empirical data, that's 692 total p.m. peak hour traffic counts. You add Caven Ridge phase one, that's 38. Now, you're at 730, like I mentioned before. You're ten above. If you add about 80 percent of the Reflection Ridge lots -- there is 240 lots in there -- about 80 percent coming down Standing Timber into Victory, that's 192 lots. Now you're at 922. You add the Silverwater Subdivisions, another 133, approximately. You can see what happens. Add Cavanaugh there is another hundred there. Add Bannock, 31. Now, we are at 1,186 peak p.m. counts. That's 435 above the 720 limit. So, what they're doing is that, you know, the contractor that was hired looks only at Caven Ridge, not at the rest of these subdivisions that are going to impact Victory Road. If you look on the right side, this side here, for a two-lane arterial of 575 limit, now we are 580 hours above that -- 580 p.m. peak hours. Now, if Rumple Lane were completed now, we are saying that most of Caven Ridge and all of Reflection Ridge now will go Rumple Lane to Meridian Road. It's a lot easier to take a right turn on Meridian Road than it is to go down Standing Timber to Victory, take a left turn across traffic and, then, access Meridian Road. So, if Rumple Lane were completed now, Caven Ridge and Reflection Ridge would go that direction. So, that would take them out of the equation. The total number of hours now above the limit is only 112 . It's still above the limit, but it's much better than the 435. If you look at it as a two-lane arterial, you're at 257. It's pretty high. Now, all these homes are not going to be completed right away. The immediate impact, though, is going to be the Reflection Ridge lots -- homes, because those are -- a lot of those are done and, then, Caven Ridge Phase One and Silverwater Three. So, right away, as soon as they pave the roads in Caven Ridge East, you're going to have 151 excessive peak p.m. hours. Now, one more issue to discussion that was not included in the report that we gave to ACHD last month. The traffic study was done in January. There were 23.7 inches of snowfall between the 1st and the 26 th. I'm sure you're all aware of that. There were 4.3 inches that fell the five days before the 26th when the Victory Road data was collected. ACHD did not clear any of the side streets in January, so all were barely passable. Was January 2017 an ideal of time of year to be doing a traffic study? And, then, last -- we know from last month -- last month's ACHD hearing that the commission cannot f orce the developer to complete Rumple Lane. However, we believe the data we present provides sufficient -- sufficient legal justification for the denial of the developer's proposal. Basically, the infrastructure is not sufficient. It can't handle all that traffic. In addition, based on the total number of homes that will access Victory Road, we recommend that ACHD take a serious look at changing the 2026 to 2030 capital improvement plan -- improvements plan for Victory Road between Meridian Road and Locust Grove from a three-lane arterial to a five-lane arterial to be able to handle this traffic. That's it. Any questions? Bird: Any questions? Meridian City Council June 6, 2017 Page 43 of 112 Milam: Mr. President? Bird: Mrs. Milam. Milam: I don't have any questions, but I was very impressed with the work that you did and good job on -- on that presentation. Thomas: Thank you. Milam: So, that's really interesting. And I don't think that any studies that happened in January should count towards anything, because p eople weren't driving and they couldn't drive, so -- and they stayed home if -- unless they had to be somewhere. Thomas: Even then they had 599 peak p.m. counts on Victory Road, so -- Milam: Yeah. Thomas: -- even restricted as well. Milam: Thank you for your presentation. Thomas: You bet. Cavener: Mr. President? Bird: Mr. -- Cavener: Appreciate your testimony representing your HOA. I say this a lot. Serving on an HOA board is a labor of love and so I appreciate -- I have been in those trenches myself. So, thank you for serving in that capacity. Our process is really designed to encourage interaction between the applicant and stakeholders and it's very evident that you have put in enough time and energy and resources into this presenta tion. Have you shared that with the applicant and what has their response been? Thomas: No, I have not. We, actually, went to ACHD to the meeting last month. I think it was the 24th. And they said there was really no legal grounds to stop them. So , we wanted to present data that would give them legal grounds. So, we looked at it from, you know, the peak p.m. hour counts and that it would exceed. So, there is another meeting scheduled for tomorrow and at noon and we plan to attend that. Although we are not sure we are going to be able to testify. We were told we may not be able to Meridian City Council June 6, 2017 Page 44 of 112 testify. So, I sent them an e-mail. We just found that out about three hours ago, that there is a meeting tomorrow and I don't know why they would do something like t hat, but -- anyway. I sent them an e-mail, said we have some more data, you know, we would like to present this data and this is this numerical data that I presented tonight. So, hopefully, we will be able to do that. Cavener: And I appreciate you sharing this, because oftentimes we get a 300 foot view and are trying to run that with a 3,000 foot view and you definitely put a lot of information together. So, thank you for presenting here tonight. Thomas: Sure. Any other questions? Bird: Thank you. Mr. Clerk. Coles: Denny PB and signed up against. Does not wish to testify. And that concludes the sign-ups. Bird: Okay. Is there anybody else that would like to testify? The applicant? Christy, would you like to -- Watkins: Thank you, Mr. President, Council Members. I'm going to start in order. As far as the trees are concerned, the city arborist did do a site visit out there and they categorized the trees that are along that easement as trash trees. So, they will probably be removed. But they will be replaced by UDC approved trees, according to city standard spacing along the pathway and we can't put the pathway inside the -- the access road to Nampa-Meridian and so where the pathway will run will go pretty much right through where those trees are located. So, they will be moved outside of that and we will be replacing them with trees that will be more appropriate for the area . So, hopefully, the birds will come back. That's the best we can do. As far as the traffic goes, our traffic engineer is here. The gentleman that prepared the traffic study is here, so if you have any questions for him he would be happy to come and address those . The proposal is that this phase -- these phases will be built out over the next two to three years, possibly. Like he mentioned, the -- the houses will not, obviously, all be built at one time, but, hopefully, over that period. We do not know what the intention is from the property owner to the west, whether or not he plans to develop or to sell at some point. So, it's -- it's unclear as to when Rumple would be developed , although we would hope that as this one becomes more built out , that he would choose to continue on with the development and, then, improve Rumple. Do you have any questions? Bird: Any questions for the applicant? Mr. Borton. Meridian City Council June 6, 2017 Page 45 of 112 Borton: Mr. President. Did I hear you right that the proposed ACHD conditions of approval you are in agreement with? Watkins: We are. Yes. One of those conditions includes the dedication of tha t offsite portion that you don't control. Watkins: No. No. We have a 25 foot width that goes along the southern section of Rumple and we would be dedicating that portion. Borton: Okay. Watkins: From the boundary of this preliminary plat out to Meridian. Borton: Okay. Thank you. Bird: Any other questions? Borton: Mr. President. Sorry. Bird: Go ahead. Borton: To that point, then, what was ACHD's concern that there might not be access to Meridian Road if you were willing to do that -- agree to that condition? Watkins: Well, the issue -- the issue is that we only have 25 feet -- Borton: Right. Watkins: -- and that's not a safe -- safe enough width to improve and we can't go about improvements on the north side, because we don't own the property. Borton: Right. Watkins: And so, basically, they would just hold that piece in reserve until that west side would develop out and, then, they would work in conjunction with that property owner to build the full width of the road. Borton: By they you mean ACHD. Meridian City Council June 6, 2017 Page 46 of 112 Watkins: ACHD. Because we would be putting money into a trust for future improvements that would improve that portion at some point when it is wide to be safe. Borton: Mr. President. And until that time the access to Meridian Road would not exist? Watkins: It's an emergency access currently. Borton: The general public couldn't utilize it -- basically, it doesn't exist for the intent and purpose of the residents. Watkins: I couldn't say if they can or can't. They do. Whether or not it's legal I don't know. Borton: Oh. An unimproved dirt road. Watkins: Basically. Yes. Borton: Okay. Bird: Any other questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: In light of probably the most thorough presentation about birds this Council has -- has heard -- and I appreciate your intentions in bringing in the city arborist to provide an expert on -- on trees, oftentimes what we see in our community is long- standing trees get removed because they are identified as a trash tree -- Watkins: Uh-huh. Cavener: -- and they are replaced with a very small tree that will take a significant amount of time to get back to its level of growth. Watkins: That's true. Cavener: I'm hoping that you can provide some clarity to the Council as to the intentions for what the trees are going to look like that are replaced. Should we expect Meridian City Council June 6, 2017 Page 47 of 112 that they are a small sapling is the word that comes to mind -- as opposed to a -- a more established tree? Watkins: Well -- Cavener: And I only bring that up because of -- I think a very valid concern brought by some of our residents. Watkins: I don’t disagree and I have actually attended quite a few hearings where animals are a huge topic. So, that was not a surprise to me, actually. As far as the landscaping goes, you know, it's a pretty standard landscape plan as far as what the city -- city's requirements are. If there is something that needed to be larger scale, I'm sure that we can work with staff on those types of conditions to make sure. I can't answer for the -- for my client at this time as to the size of trees that he would be willing to put in there. They would have to work with their landscape architect to decide as far as the root balls and that kind of thing what could be placed there. But I don't think that that's out of the question. Cavener: Great. Watkins: Okay. Bird: Any other questions? Thank you, Christy. Watkins: Thank you. I'm sorry, would you like to hear from our traffic engineer? Bird: Would you guys like to hear from the traffic engineer? Borton: Mr. President, I would -- Bird: I would, too. Borton: -- at least to the -- answer the question of traffic counts in January versus another month and -- Watkins: Okay. Great. Borton: It would be helpful to -- Meridian City Council June 6, 2017 Page 48 of 112 Thompson: Good evening. My name is Dan Thompson with Thompson Engineers. Business address at 181 East 50th Street in Garden City. Yeah, it was a tough winter for everybody. We actually had to delay the counts on -- for this project a couple of weeks until we actually had a small window that we could get it in there. When we did the counts we had some historical counts from ACHD on their website from '15 -- I think '15 and '16 and we compared our counts to those and in every case we were above their counts. Some of their -- their counts were taking at all different times of the year. So, in our professional opinion those -- we deem that the counts we had were acceptable. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Can you share with us -- you said you had a small window of -- of time. Maybe you could share with us what the road conditions were like during that small window. I can't remember a small window of time in which it was easy to get out of my neighborhood in January. Thompson: Yeah. I really can't remember off the top of my head exactly what we had, but it was -- we had a break in the weather, very short, that we deemed we could at least try and when we took the weather and got the counts we compared it to this historical counts that we had. We didn't have exact turning movement counts at those intersections, but we deemed they were acceptable. And they were accepted by ACHD. Bird: Any other questions? Thompson: Thank you. Bird: Thank you. Council, any questions for staff? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I see Mr. Lucas has joined us yet again and I'm hoping maybe I can pick his brain, if he is willing to -- to share some of his expertise with us. And it's -- as he's coming I will ask the question. I'm sure he will articulate things much better than I am capable of. But I'm fascinated with doing traffic count in the middle of Snowmageddon Meridian City Council June 6, 2017 Page 49 of 112 and we have had ACHD here many times to provide us an update as to the many challenges that your department -- or the ACHD dealt with during the month of January and I'm just curious did you guys do any type of traffic counts during the month of January and were they on par with what you were expecting? Lucas: For the record, my name is Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. Mr. President, Councilman Cavener, I'm not intimately involved in our traffic count program, so I probably am not qualified to answer that question. What I can say is that the ACHD staff who is responsible for reviewing traffic counts and traffic impact studies, reviewed what was submitted and accepted what was submitted by the applicant. Much more than that I really can't provide much -- much commentary. I apologize. Bird: Any other questions for Justin while we have got him on the hotspot? Thanks, Justin. Appreciate it. Council, what's your pleasure? If you have no more questions or anything in the public, I would at least entertain a motion to close the public hearing. Borton: Mr. President? Bird: Mr. Borton. Borton: Move that we close the public hearing on Item H-2017-0020. Little Roberts: Second. Bird: I have a motion and a second to close the public hearing. Any discussion? Hearing none. All in favor say aye. Any opposed? The public hearing is closed. MOTION CARRIED: ALL AYES. Borton: Mr. President? Bird: Mr. Borton. Borton: The Planning and Zoning Commission in the process has done a good job addressing a lot of issues with this project. The Commission In particular addressed some of those concerns that the applicant made note of. So, I would move that we approve Item H-2017-0020, to include the staff memo, proposed edits to the conditions of approval from June 6th, that address condition of approval 1.2.1 and 1.2.2 and with regards to the Ridenbaugh Canal, that the applicant be provided a waiver to UDC 11- Meridian City Council June 6, 2017 Page 50 of 112 3A-6A to allow the Ridenbaugh Canal to remain open due to its large capacity of that facility. Palmer: Second. Bird: We have a motion and a second. Any discussion? Milam: Mr. President? Cavener: Mr. President? Milam: Go ahead. Bird: Mrs. Milam. Milam: I have no problem with this development, but I -- I still am like feeling for those birds and I don't know if there is any way to allow that to -- to remain or how -- it's hard to tell by the pictures like how large that is, if it's going to interrupt the -- the development or if they could both live harmoniously with each other. I guess I should have asked that before we closed the public hearing, so -- otherwise that was turning into a question. Maybe it's a question for the rest of you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I'm probably the last person on earth that would be accused of being an environmentalist, but there -- there has been two times in Idaho when I have noticed and appreciated birds that weren't ju st brown. One time I saw a mountain blue bird. It was really cool. And yesterday in my front yard -- in a tree in my front yard I saw one of those bright yellow birds and I was like, hey, look at that and I live in your subdivision. I imagine it was there because that tree is infested with aphids, that tree is going away, but I -- they are not just in those trees. They are -- there is a ton of trees in these developments, thanks to our requirements. A lot of them are really young, because a lot of -- of the development is young, but they are surviving, you know, throughout the neighborhoods and not -- I imagine not just in that clump of trees right there. So, I'm hoping to still see them as well in the future and I imagine they will stick around. They might just find some other trees while I feed them my aphids right now. Cavener: Mr. President? Meridian City Council June 6, 2017 Page 51 of 112 Bird: Mr. Cavener. Cavener: Question for the maker of the motion. Council Member Borton, the applicant had indicated a -- a willingness to engage with staff and work through to make sure that the type of foliage that goes into that development is supportive of the natural bird wildlife. I assume that in your motion is including staff to work with the applicant on sufficient foliage or not? Borton: Mr. President, it is to the extent that that was the representation that that co- operation -- those efforts would be made. Cavener: Just looking for clarification. Thank you. Borton: Mr. President? Bird: Mr. Borton. Borton: For further discussion -- to Council Woman Milam's point, I think the Walthers brought up a good point, whether a particular tree in this project is saved or not, but -- but Mr. Huff, in our arborist's review, you know, to take into account not only the condition of -- of trees, but perhaps the -- the creatures that live within them and -- and maybe there is an opportunity in the particular development that that -- there can be a request that a -- that's an amenity within the project. At least to have us be open to the idea. It may or may not make sense in certain situations, but I thought an interesting perspective to -- to remind us to think of those types of things as well . So, we appreciate you sharing that. Bird: You know, the sad part of development and stuff is the wildlife and stuff, you know. Most of these subdivisions that we have approved over the last 20 years in the '60s and '70s I shot a lot of pheasants in and it -- it's sad, but, you know what, if it hadn't have been for development and stuff, most of us wouldn't be able to live here. You got to make a living first. And while I love seeing beautiful animals, birds and stuff, they seem to adapt. You go into the subdivisions and we still got the little quail running around, if you can keep the cats away from them. So, it's sad that we have taken away a lot of the area for our wildlife -- and not just birds, but your mountain lions, your coyotes, everything else have been pushed farther back and now they are starting to come back into -- into our subdivisions and stuff. So, it's sad that we have to do this, but I guess it's life, you know. Call for the question, Mr. Clerk. Meridian City Council June 6, 2017 Page 52 of 112 Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. F. Public Hearing for Hastings Subdivision No. 3 (H-2017-0032) by Encore Development, LLC Located 2100 & 2160 W. Everest Lane 1. Request: Combined Preliminary/Final Plat Approval Consisting of Eleven (11) Building Lots on 3.48 Acres of Land in an L-O Zoning District 2. Request: Modification to the Existing Development Agreement to Remove the Number of Buildings that can be Constructed Within the Development Bird: Item F, public hearing for Hastings Subdivision, H-2017-0032. I will open the public hearings and turn it over to Sonya. Allen: Thank you, President Bird, Council. The next applications before you are a request for a combined preliminary and final plat and a development agreement modification. This site consists of 3.48 acres of land, zoned L-O, located at 2100 and 2160 West Everest Lane. This property was annexed with a development agreement back in 2002 and included in the plat and planned development for Lochsa Falls Subdivision. The property was rezoned L-O in 2006. The Comprehensive Plan future land use map designation is mixed-use community. The applicant requests a modification to the development agreement to remove the number of office buildings that can be constructed within the overall Lochsa Falls development. It's currently restricted to a maximum of 11 and that is over the entire purple area that you -- you see there on the -- the map. A combined preliminary and final plat is proposed. Preliminary on the left, final on the right, that consists of 11 building lots on 3.48 acres of land in the L-O zoning district. This is a resubdivision of Lots 44 and 45, Block 49, of Lochsa Falls Subdivision No. 12. The proposed plat is in compliance with UDC standards. A ten foot wide landscaped street buffer and sidewalk is required along West Everest Lane, a private street, as proposed. A cross-access easement is proposed between all lots within the subdivision. The Commission did recommend approval of the -- of the combined preliminary and final plat at their Commission hearing. Kelly Kehrer, KM Engineering, testified in favor at the hearing. No one testified in opposition. Tom Mannschreck and Robin Findell commented. Written testimony was received from Cheryl Walston and Josh and Sarah Lidell, Thomas Mannschreck and Tom Rudd. Key Meridian City Council June 6, 2017 Page 53 of 112 issues were the existing access, parking and high traffic volume in this area via Everest Lane, a private street. Key issues of discussion by the Commission was the ownership of Everest Lane and possible solutions to traffic and parking issues. These were not created by this development. Commission changes to the staff recommendation. The Commission added the DA provision requiring the property owner to install no parking signs along Everest Lane and paint the curb red signifying no parking adjacent to this property. There are no other outstanding issues for Council. Written testimony since the Commission hearing was received from Tina Gosney regarding adequate on -site parking for the development should be provided. Staff will stand for any questions. Bird: Thank you, Sonya. Any questions for Sonya at this time? Is the applicant here? Kehrer: Kelly Kehrer. KM Engineering. 9233 West State Street, Boise, Idaho. And Sonya did a great job of doing a quick recap and from the public testimony that had been received and what we reviewed, it -- it really looked like the issue was less a traffic issue and more of a -- a parking issue from the -- from the neighboring subs spilling out into the roadway where you are having parking along the -- along the street narrowing it down further. Obviously, we are planning on providing adequate parking for our development. In fact, more so than what's provided in code. And so beyond that we agree with the conditions within the staff report and I'd be happy to stand for any questions. Bird: Any questions? Thank you -- Kehrer: Thank you. Bird: -- very much. Any public hearing? Coles: Thank you, Mr. President. Tom Mannschreck signed up to provide testimony. Mannschreck: Thank you, Mr. President, Members of the Commission. Tom Mannschreck. My business address is 413 West Idaho in Boise . My wife and I own about a 10,000 square foot office building at 2270 and 2280 Everest Lane in the business park just west of this development. I'm speaking on behalf of the other owners in the office development. We are -- and also on behalf of Challenger School. I'm not making financial representations, but just as -- as concerned neighbors. First and foremost we support this subdivision. Most of the businesses in the Everest Business Park are destination consumer-type businesses and so having more development in the area is -- is very good for business. There is no question about that. We acknowledge that there is an existing parking problem. We acknowledge and probably speculate that Meridian City Council June 6, 2017 Page 54 of 112 Everest Lane, it being looked at today, would not be developed as a private road. It has no curb, no -- and is simply a very narrow road section and we acknowledge there is both an existing parking problem and traffic volume problem on Everest Lane. There is no question that whatever gets developed in that vacant space between our office park subdivision and Challenger School will increase the traffic and I don't know that -- that a number of smaller office buildings or one large office building will make any difference in that regard and the existing condition is not one the developer created. But it's also very clear that any exist -- any additional development will add further burden to that private road. That burden has been noticed by both Meridian Fire Department and the planning department. There is an e-mail exchange amongst your staff acknowledging that there are -- are safety issues out there. It's very clear under the Uniform Development Code that one of the things the Planning Department can request in a subdivision request such as this is for a traffic study and the language in the code says traffic and parking study. We have discussed that with the developer. I'm authorized certainly on my behalf and others, to participate in that study financially, to help shape that study to -- to deal with the existing issues and plan as best we can for any additional traffic, which will undoubtedly result from additional development. We understand that. We support it. We embrace it. We want it to be the best development we can. So, we support the subdivision. We would ask the City Council to add conditions of approval requiring a parking and traffic study consistent with Uniform Development Code 11-3C-7 for staff to work with the Fire Department and other public safety officials to determine the city's concerns relative to existing safety and future safety issues by virtue of increased traffic, model the traffic and parking study, and improvements if needed to Everest Lane and come up with a reasonable financial sharing for creating those improvements. Thank you. Bird: Any questions? Borton: Mr. President? Bird: Mr. Borton. Borton: I apologize, I thought I heard you say at one point that a larger number of smaller buildings versus a smaller number of larger buildings might be the same, chopping them up into smaller buildings doesn't change much. But, then, the last part was speaking to an increased parking concern that might exist with smaller units, as opposed to larger ones. Mannschreck: Councilman Borton, Members of the Council, if that's what I said it wasn't what I meant to say. Meridian City Council June 6, 2017 Page 55 of 112 Borton: I might have misheard you. I -- Mannschreck: The -- the applicant is here because the allowed use for this site is to develop one single large office building. There would be no action before the city, other than a building permit if that's the use the applicant proposed. We support cutting the lot up into smaller pieces and developing individually owned, in all likelihood, offices and that's very good for commerce and we support that. I don't know enough about traffic engineering to know whether a single 20,000 square foot office building or five 4,000 square foot office buildings generate the same number of cars. What I do know is that any development -- office development of 3.8 acres will general probably several hundred vehicles trips a day on a private street that is already bursting at the seams. Borton: Thank you. Bird: Any other questions? Thank you very much. Mannschreck: Thank you. Coles: Tom Rugg also signed up to provide testimony. Rugg: Mr. President, Council Members. My name is Tom Rugg. My address is 45422 Stewart Creek Road, Pilot Rock, Oregon. I just mainly want to hear -- the last comments that were made I agree with what was said , but before -- before this development really come to fruition I believe we have to address the traffic and parking problem that exists there now. So, I just simply want to say that I agree with the last statements made and wholeheartedly support that. One other thing -- I had wondered if there could be any consideration of an eastbound exit from that proposed development onto Chinden. That would help eliminate quite a little through traffic on -- on West Everest Lane that -- that currently exists from the Challenger School and different things, so -- Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Sir, do you mean north to Chinden or east out of Everest? Because we are all looking at this image, Everest does continue out to Chinden now since this image was taken. Meridian City Council June 6, 2017 Page 56 of 112 Rugg: Right. At the light -- at the lighted intersection. I'm talking about a non-lighted right access -- Palmer: A right-in, right-out -- Rugg: -- going east on Chinden out of that new development. Bird: Right-in, right-out. Palmer: Oh, to be able to turn east on Chinden is what you're saying. Rugg: Yeah. Palmer: Okay. Rugg: To be able to turn. Not across -- not across Chinden, but simply turn east on Chinden. That would possibly eliminate some of the three concerns that we have now. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: The last two people talked about parking concerns and I'm curious if you can kind of share with us where the parking concerns are emerging from . Are they people that are parking on that private street? Is it there is just -- there is not enough adequate parking in the current commercial developments? Share with me a little bit more what you mean about parking concerns. Rugg: Yes. That's -- that's where the problem exists is people having to park on West Everest Lane. I would be hopeful that we can arrive at some solution with the developer to widen that street and provide possibly parallel parking on the south side of it to help alleviate a current situation that's not really tenable . Cavener: Thank you. Bird: Any other questions? Thank you very much. Rugg: Thank you. Coles: There were no other sign-ups, Mr. President. Meridian City Council June 6, 2017 Page 57 of 112 Bird: No other? Is there anybody that would like to testify? Applicant, come on back. Kehrer: Kelly Kehrer. KM Engineering. 9233 West State Street, Boise, Idaho. I can appreciate the want for a traffic study, but I guess I'd first reiterate -- I mean it's really from the pictures that have been provided previously it really looks like a parking issue that's spilling out onto the street and we want to do our part to help mitigate that by actually providing the signage, painting red at the curb along our portion, so that -- that we, you know, try to discourage the -- the parking along the street. The second thing I would point out is that, you know, when this was master plan there -- there was a traffic study that was originally done to look at that, to deal with -- with the parking -- or deal with the traffic and the -- without people parking along the street I think that you're going to find that -- that actually traffic flows freely through there. Further, there is going to be an extra exit out of this now this actually does continue all the way out to both Linder on the east side and ITD where the hand is pointing, Black Rock -- cut right in front of the Black Rock Coffee there is also a right-in, right-out out there now. I can tell you that there is no way in heck that ITD will allow another approach onto the highway through that section. In fact, I was really surprised that right-in, right-out got approved. So, when construction over there clears up, there is going to be other routes to help clear out traffic through this area. The last thing I'd like to point out is West Everest is a private lane and it's not a public street and so we don't have control over the improvements that can be done in there and I know neither do the -- do the neighbors. There was a lot of discussion in the last public hearing about who actually controls Everest right now and I can't even remember what the decision was or if we figured out who exactly owned it. But with that, you know, we are excited to get additional development going here in a place that was approved for this previously and has been waiting to be built out, finish out this -- this office area and this development and I'd be happy to stand for any additional questions. Bird: Any questions? I have one. Kelly, where -- who is -- who is causing the parking problems? Is it all of them up not having enough spaces for their businesses or for the school and are they parking out there on Everest? Kehrer: So, I can't tell you exactly, but I have got my own thoughts on that. You have got a few destination businesses like you said in this development where you have the fitness center, you have a large building that's a -- it's a music academy type thing and, then, you also have a daycare. Both -- all three of those businesses are high volume, right before work, right after work type of businesses that are drawing a lot of parking and so even though -- I don't know if they meet current parking requirements for Meridian, but with the high volume that all those businesses have, you're going to create Meridian City Council June 6, 2017 Page 58 of 112 some congestion and, then, additionally, you know, I don't know, you may have people parking to get into the school. I don't -- I don't know if -- if the Challenger school is having spillover from their lot as well. Bird: Thank you very much. Any other questions? Kehrer: Thank you. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Question for Sonya. Sonya, who owns the private street? Allen: Council President, Councilman, Marty Goldsmith, the developer of Lochsa Falls, is shown as being the owner on the property tax information. If Council doesn't -- Bird: Do you want to -- Mannshreck: Tom Mannshreck again. President, Members of the Council, Marty Smith -- Marty Goldsmith does own the private street. I have known Marty for 25 years. I spoke with him the other day and he acknowledges that it would be good to -- to improve traffic, improve parking in that part of town and he's more than willing to co- operate with a study to looking at this -- it's very clear that the existing parking problem is not something that Mr. Hosack's subdivision is creating. It's also clear that the additional traffic is just going to exacerbate the problem. Mr . Goldsmith is happy to help participate in this solution. Bird: Okay. Thank you. Kelly, you get the final word if you want it. Kehrer: Try to speed things up for you guys. Kelly Kehrer. KM Engineering. You know, I guess I'd just like to say that I don't know what else we would do with Everest Lane, to be perfectly honest. It's built out within its width. I don't know what additional benefit -- I will say that as we go through the city process es I know Sonya is going to be checking our -- as each of these lots develop checking extra hard to make sure that we are complying and providing plenty of parking. So, with that, if there is any more questions I'm happy to answer them. Bird: Thank you. Anymore questions? Thank you. What's your pleasure, Council? Meridian City Council June 6, 2017 Page 59 of 112 Milam: Mr. President? Bird: Mrs. Milam. Milam: Move we close the public hearing on Item 10 -F. Cavener: Second. Bird: Got a motion and a second to close the public hearing on H -2017-0032. All in favor say aye. Any opposed? The public hearing is closed. MOTION CARRIED: ALL AYES. Milam: Mr. President? Bird: Madam Milam. Milam: I move that we approve H-2017-0032 with all staff, applicant, and public testimony, including the Commission changes to staff recommendation. Bird: So I have a second? Cavener: Second. Bird: Second? We got a motion and a second. Any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I appreciate the testimony of the adjacent business owners and a willingness to participate in a traffic study. I have to say, though, I -- I agree with the applicant, I'm not quite sure what a traffic study would tell us that's different than what we already know. You would hope that a new business, while bringing more traffic, coul d also provide more parking, specifically during maybe those peak periods, but I think the application is sound and I do think that the -- the DA provision would help eliminate that on-street parking and eliminate what sounds like to be a pretty significan t traffic hazard in the area. So, I'm supportive. Bird: Thank you, Mr. Cavener. Any other discussion? Hearing none, Mr. Clerk. Meridian City Council June 6, 2017 Page 60 of 112 Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. G. Public Hearing for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements and Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing , Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts Bird: Item G, public hearing for 2017 UDC text amendment, H -2017-0044 by City of Meridian Planning Division. I take it that's you, Caleb? Thank you. Hood: Yes, sir, Mr. President. Sure you want to roll right into this one or do you guys need a five minute break or something? Are we good? Rolling on. Okay. So, this next item on your agenda is UDC text amendment. We in the planning division -- I have been working with Code Enforcement and Legal and Building Division staff. We have shared the -- the proposed changes that I'm going to run through this evening with our developer group to review code changes, as well as BCA. We did not have an in- person meeting. Most of the things we are going to talk about tonight are -- don't really pertain to our regular customers, our developer committee that we established to look at our -- our UDC code, but we did vet these through them and share them with -- with our developer group to review the code amendments. So, there is really three subsections that -- that all of the amendments can fall under and I think I'm going to kind of take them -- lowest hanging fruit, if you will, to maybe the most controversial as of today. So, bear with me a little bit. But, again, there are really kind of three different subtopics within the proposed zoning ordinance amendment. So, the first one is to update -- Palmer: Mr. President? Caleb -- if I might -- Bird: Mr. Palmer. Meridian City Council June 6, 2017 Page 61 of 112 Palmer: My computer doesn't -- isn't tonight letting me switch over to the computer, so I don't know if you might be able to have it on the display. I would have printed it off had we known our 300,000 dollar investment wasn't going to pan out tonight. Hood: I will -- I do plan on using this to -- to go through and highlight some of this. I'm not going to run through all of the changes, but there are definitely some sections that I want to highlight for you -- for you all. I'm going to start with another document I think first when I get there, but -- so, hopefully, everybody can see that. So, again, kind of three different subsections within this. The first one, again, has to do with updating certain sections of the UDC that pertain to timing for occupancy and building permits. So, over the last several months we have had some requests from developers to kind of do things out of order, get occupancy before all the improvements were made or get building permits before a plat records and we have had this discussion. We told you we are going to bring a code amendment back to you to kind of put it more in chronological order, because it was -- it was sort of this, but, then, it talked about this, which really this happened next and so, really, what you see in Section 11-5C-3 -- let me jump there real quick and I think it's at the very end. It's mostly the same information. But, again, it reorders these things to be in a more chronological order about talking about us not issuing building permits for life safety things versus if they are non-life safety issues we can go ahead and issue these, provided we have a surety in place. So, hopefully, this makes it clear to developers and applicants that there is a difference between us needing landscaping being in and us needing roads to be in with fire hydrants. So, again, hopefully, this is ringing some bells and -- and you recall this -- this discussion from a couple of the applicants. But, again, essentially, the information is the same, we have just reordered it again to generally fo llow a chronological order, so -- and, then, this sentence right here just aligns with current practice and resolutions that says that the performance surety is established -- the 110 percent or 115 or 120 percent is established by you all by resolution. So, that's kind of the first -- again, that's the -- that's to me the simple one. No one has really commented on that. Hopefully that helps clarify when you can ask for things out of order in our process. A second subtopic has to do with incorporating new standards for food and beverage products processing. So, we are getting enquiries -- particularly in downtown, but other parts of town, too, for some microbreweries and our code right now really doesn't address microbreweries or distilleries or even wineries, but that's something that's becoming more and more popular and so we were -- we have been asked and -- and kind of saw the need to address that in our code. So, what you see is really several different changes. So, we have added definitions for things like distilleries, winery, brewery and what that means and we put parameters around that and so, okay, if you're going to be a brewery -- a brewery is you're producing a beer. If you're a microbrew -- microbrewery you're -- you know, generally it's a smaller operation. I think we limit it to 5,000 square feet and it's Meridian City Council June 6, 2017 Page 62 of 112 mostly tables and chairs with, you know, brewing kind off on the side. You're not Coors brewing with a couple of bar stools at somewhere to say, oh, this is -- it's more -- it's the opposite; right? So, we say you're food products processing if what your -- your main use is producing this and I'm shipping it to -- and the retail is somewhere else versus I'm more the tasting type of a room and I do that here, but it's more of a craft brewery type of a thing. So, again, we have got definitions and processes and in what zones we believe that's appropriate to do that and not do that. It also clarifies some -- an existing definition. So, right now one of the issues we have -- one of the things we discussed -- I shouldn't maybe call it an issue, but there is some gray area in our code between restaurants, drinking establishments, which common nomenclature is bar. So, restaurants, drinking establishments, and retail wine sales and service -- sales and serving. So, in the retail component we allow you to have drinks -- again, tastings. Sometimes that maybe gets clouded in, okay, what are you mainly doing? Is your main business retail sales for somebody to go and purchase off -- you know, drink off site or are you a bar and maybe they can take a Growler home. You know, that's the -- so, what we have tried to do in this code is clarify that, say if you're doing this, this is what we are going to call you. If you're doing that, this is what we are going to call you, you know, or define you and -- and in the schedule you say you're allowed or you need a conditional use permit and so on and so forth. I will just pause and let you know in that section of the -- in those -- in that vein of changes at the Planning and Zoning Commission they had some concern -- we discussed anyways, so that same topic that I just mentioned, retail beer and wine, sales and serving. So, that's 11-4-3-44. So, here is -- so, everything in this chart that's just black and white is currently adopted code. Anything that's got red and underlined is new proposed text. So, the one that they wanted to talk about and we are questioning -- and I really don't have the right answer and I'm -- they bring up some good points, although at the end of the day they didn't strike this. But, again, we are trying to blur -- trying to make -- to provide more clarity and not blur the line between so much -- this is meant to be a retail store, a wine bar, that you can have a tasting of some wine, but it's not really a bar, if that makes sense. That's kind of what this definition is and we said, okay, if you're mainly retail, we thought you shouldn't be having live entertainment. That seems to blur that line. You're now moving more towards being a bar if you're having -- they said, well, what about occasionally? You know, spring release or something, they have -- I'm like I think that would probably be okay, although this is pretty black and white that says it's prohibited. So, again, that was the topic of discussion. Everything else they were proposing to kind of, again, clarify these different land uses and say, okay, you're a restaurant, you're a bar, you're a retail group. So, I just call that one out, because, honestly, that one to me is marginal, too. I'm just trying to give you a little peek behind the curtain of our thought process and we thought that was -- that was appropriate of staff to where to draw that Meridian City Council June 6, 2017 Page 63 of 112 line. I see Councilman Cavener reaching for his microphone. So, I don't know if he's -- feel free to interrupt. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Clarifying question to help me kind of wrap my head around these Growler Guys on Overland at Locust Grove. Based on this would they be considered a retail store for wine and beer or would they be considered a bar? Hood: So, I will be honest -- and I don't know if this is a confession or not, but I have never been in, so I don't really know what their business model is. We can go to the -- we can go to the -- the definitions. But, again, that's -- that's the idea here. You -- as the business owner or applicant, you tell us what you are and we will say, okay, you can be that, here is the rules. You play by them if that's what you want to be. So, if you're going to be -- there is a bar, a drinking establishment -- so, again, if that model is mainly Growlers to take away, but you can sit there and have a pint , we would call you retail wine and sales and servings. The other thing with that -- and we didn't dwell on it, but there is an hours of operation limitation that typically you don't want to call yourself that . If you're really going to be a bar, most people are going to stay past 10:00 o'clock. Cavener: 10:00 o'clock. Sure. Hood: So, that's the other reason we are, you know -- and, again, I don't know about Growler Guys, but that -- that model for a drinking establishment or a bar -- most of them are going to call themselves a drinking establishment or bar or restaurant. The backstop we kind of have with the restaurant definition is got to go through the state of Idaho -- Cavener: Right. Hood: -- and they check your receipts and so you can't just call yourself a restaurant, but only serve pretzels -- you know, you got to have some food receipts to back that up to say, okay, I'm serving food and can clarify yourself as a restaurant. So -- Cavener: Fair enough. Bird: Okay. Thank you. Any other questions? Meridian City Council June 6, 2017 Page 64 of 112 Milam: Mr. President? Bird: Mrs. Milam. Milam: Sorry, Caleb, but that one really kind of caught me up on -- I was thinking of -- what I had in mind is the Boise Co-op. They are a retail establishment. They sell beer and wine. They also sell pre-made food and have tables for people to sit at . They do wine -- I know they do wine tasting. Hood: I don't know if that's the end of the statement or if there was a question. Milam: So, what, what would they be? Where would they fit into that? Hood: So, they are a retail -- I mean their main use, though, is a grocery store. Retail establishment. It's not unlike -- you know, we do have other banks, financial institutions within those same buildings and they -- you know, it's blurring the line. Growler stations are in a lot of grocery stores now. So, that component is still allowed. Your principally permitted use is still a grocery store or retail store. So, we look at -- again, same thing kind of with the brewery or microbrewery, what are you mainly doing? Milam: I just thought it said something like you cannot sell -- serve food. That was the part that I was looking at was where it said that you could not serve food under retail. Nary: Mr. President? Bird: Mr. Nary. Nary: Mr. President, Council Member Milam, I can maybe add a little bit to that portion of the discussion. So, in the state of Idaho there are two different types of licenses. There is liquor by the drink and, then, there is beer and wine. The state regulates all liquor by the drink and they regulate it both with drinking establishments that only serve liquor and they basically have one set of rules and the easiest one to remember is bars can allow smoking, restaurants can't. So, if you're a restaurant you have to sell -- 40 percent of your sales have to be non-alcohol-related and you can serve food or not, but generally you do and that's how you get your 40 percent. You can serve food in a bar. You can serve a full-scale menu in a bar. The difference of the bar is it's -- there's no one under 21 is allowed and smoking is allowed and it's not considered a restaurant. It doesn't mean they can't serve food. They can still serve food. The co-op has a -- a beer and wine license for retail and they also have a beer and wine license for serving. So, they have both at that location. Some places have only beer and wine licenses for Meridian City Council June 6, 2017 Page 65 of 112 retail sales. There is provisions in the code to allow beer tastings and wine tastings without an additional license, because it's considered to be infrequent and they already have a license to sell it and the -- where we are trying to get some clarity and what we work with planning on is we have some of these places that want to create this sort of hybrid model. They want to be a store, but, then, they want to have a sit down menu. Well, as Caleb said, that 10:00 o'clock is really the backstop that the city uses to say, okay, you're mostly a store, because if you're serving food just until 10:00 o'clock, it doesn't have the same impact on the businesses or the surrounding neighbors as it would be if it is a full-scale restaurant with a bar that's open until 2:00 in the morning. So, those are the kind of ways we sort of differen tiate between those. So, you're allowed to serve food, that's not an issue. But, again, if you want to be a restaurant and you only serve peanuts and pretzels, you're not going to reach that 40 percent threshold and the state's not going to certify you as a restaurant. Does that help at all? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Sorry. Along that line with the co-op and, then, New Vintage Wine is the other one that comes to mind, that do tastings on occasion and occasionally when they do that have live music. So, does that -- with no entertainment, does that shut down that ability to have the two hour wine tasting event and cannot have entertainment or not -- not do it or they are risking their license? Hood: So, what would -- well, the last part of that I guess -- maybe I will let Mr. Nary address, because I'm -- I don't work with ABC quite as much on risking their license. I was going to answer your question -- Little Roberts: Okay. I will take the last part off. Hood: Maybe another way, just to -- I believe, even if -- even if this gets approved the way we are proposing it through the clerk's office, I think you could still get a temporary use to have that -- that -- and it's not temporary use, but the -- maybe C.Jay can help me -- I mean Mr. Clerk can help me out with -- not a citizen's use permit, but like a catering permit or have the live music through another limited duration type of permit to allow that -- particularly if it's going to be outdoor live entertainment. So, I think there is sort of a work around, even here, although we haven't -- I haven't discussed that with legal -- I think through our clerk's office and, again, a temporary use permit type of a permit, you can do those types of things still. My interpretation of that, as overseeing the planning department is that would not be in violation. If the cl erk issues a three day Meridian City Council June 6, 2017 Page 66 of 112 permit to have, you know, spring release and you have some live music and stuff as a three day limited duration type of an event, that does not conflict with this. This is meant to say can't have Wednesday and Saturdays being, you know, karaoke night, because that is not a retail store. Nary: Mr. President, Members of the Council, I could help add to that. So -- Bird: Mr. Nary. Nary: -- to go back to your last question. So, a liquor catering permit is what Caleb is talking about. That's only a service issue in regards to serving alcohol. So, they already have the ability to serve alcohol. So, I'd have to check -- and I can't remember, but either a TUP or a special event activity could be allowed in a place that normally doesn't allow that, because that's -- that's what the purpose of those permits are for. But violating the UDC doesn't affect your liquor license. So, with the state or with the city. So, those are -- those are two separate animals that we deal with. W e deal with UDC through code enforcement, we deal with the permitting through the clerk's office and the ability to revoke that permit or through the state. Little Robert: Thank you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, while I understand -- and correct me if I'm -- if there is more to it, but as I understand it, in order to have live entertainment is to assist in defining what the establishment is, but while doing so it creates additional regulation, which I woul d rather throw out, unless there is -- there is more to it than my simple understanding of it. Hood: So, Mr. President, if I can, again, D -- the proposed D to me is marginal. I think we had good intentions. It may have some unintended consequences for, you know, some of these wine bars that really are mainly a retail component, but they want to occasionally have, you know, someone playing the violin while you, you know, sip your wine or something like that. Do you know what I mean? I mean they are -- that I don't think is an egregious land use issue that should bother your neighbors, because you got somebody -- you know, we were just trying to kind of head that off and, again, draw that distinction between the various uses, but if -- my heart is not broken if D gets struck, because I think it could have potentially, again, some unintended consequences or Meridian City Council June 6, 2017 Page 67 of 112 making more bureaucracy for them to obtain another permit to do that event and have somebody play the cello or whatever. Milam: Mr. President? Bird: Mrs. Milam. Milam: I'm still looking at this -- this same one, the D and E. I just don't see what either one of these -- how they really benefit -- there are already so many restrictions. I don't see what is gained by adding those on there and -- yeah, unless you have a good example of something that's really going to make a difference on, it's just like Councilman Palmer said, is this additional bureaucracy that -- and laws that we don't necessarily need. Hood: So, Mr. President, I don't want to get too specific with any one business, because it's not just one, but we have had some folks that -- depending on where they are at in their zoning, will call themselves this, but are a bar. I mean nine out of ten people would say that's a bar, even though they are complying with maybe A, B and C, their sales -- and we don't check sales and I don't want to check sales . I don't want to check receipts. You could call yourself a retail store and operate, essentially, like a drinking establishment if you're staying open until 10:00 or 10:30 or maybe even 11:00, who really checks it; right? I mean to be honest. So, we are getting some of those folks that come in and are skirting these or -- or not fully complying with that or calling themselves something they are really not by definition. So, again, that's what we are trying to avoid is getting sideways with the state or with a proprietor and saying in year two of your business you're -- that's not how you're operating. You're not doing this. So, we are trying to be more up front and say you can call yourself that, but here is what you can and can't do there, so -- Milam: Mr. President? Bird: Madam -- Milam: And not to dwell on this too long, I'm sorry, Caleb, but -- so adding food would -- that would make them be able to call themselves a bar? Because that's what those two items are, is music and food, and I don't see how either one of those constitutes a bar. Hood: And I guess I look at it the other way and I say that doesn't constitute retail sales to me. I'm looking at it the other way going, well, how is that a retail store. If you're serving -- if you got dinner that's a restaurant. So, I guess -- that's how I'm looking at it; Meridian City Council June 6, 2017 Page 68 of 112 right? But, again, you guys get to make the decisions. So, if D and E go away, we are really trying to help define that, but if you don't think it helps -- Nary: Mr. President? Bird: We are getting -- we are getting into some Idaho liquor laws that I'm sure Mr. Nary will tell you has got a lot of gray areas and somebody that's been a licensed liquor dispensary -- I think that a lot of this stuff we need and I have never known where music or food affected a beer and wine or a liquor license. I mean I don't know of any restaurant that can't have somebody come in play music and do that. So, I don't even know why we are treading that way myself. Milam: That's what I'm saying. Nary: Mr. President? Bird: Mr. Nary. Nary: Mr. President, Members of the Council, I mean if -- if you would like us to go back and -- and kind of scrub through this a little bit more -- because I think one of the things that Caleb hasn't touched in, but we have had issues in the past is, again, not everybody is up front on what their business -- they are doing and we have had issues in the past and I think Mr. Bird, you remember when we had the closet bar problem, where we had some -- little specificity in our code and people were taking licenses and literally taking closets in a building and claiming that was a drinking e stablishment, enough to preserve their license. Now, the state has cracked down on that and the state has created some laws around that and think we on the city side also want to be assured that people use these licenses appropriately. These are commerce and they have a great economic impact on the city when people use them and they have a great disadvantage to city when they don't and so what we're just trying to do is make it really clear what kind of business they are, because where it operates is really -- it ends up being the issue that comes before all of you. If we allow bars in neighborhoods, you're probably going to get a lot of calls. If they start pushing that envelope, we are probably going to get a lot of calls. So, we can certainly scrub through this a little bit more and -- and come up with some maybe better language or clearer language, but I think that was really the intent is we are trying to make sure that those that are primarily retail stores that have an occasional -- you can sit down and try this glass of wine before you buy it -- is different. We did create some of these because of Divine Wine and New Vintage, because of their -- their business model and I think we are just, again, trying to still Meridian City Council June 6, 2017 Page 69 of 112 improve that product. But we can certainly take it back to our group and talk about it a little bit more and see if we have different language to propose to a future meeting . Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President. And while you do that, in my opinion , I don't see why we need to regulate anywhere beyond A and B, because we are saying, A, if you're going to sell beer and wine, have a permit and, B, make sure you don't break any other laws. I don't know if the hours are that important, because the store itself could stay open beyond 10:00, you just have to stop selling alcohol at 10:00 and be open, you have a product. Hood: Mr. President, just -- you're kind of going down the path of what Mr. Nary just said is probably not a good idea and now I'm a ret ail store, which is almost, de facto, a drinking establishment or bar in residential districts. You just opened up bars to be principally permitted, basically, throughout the city. So, I would caution -- again, our main backstop is C, which says you got to stop serving at 10:00. If you take that away, then, they can stay open until 2:00 and that's a drinking establishment. Now, I would say, well, let's get rid of our drinking establishment definition then . And I guess we haven't even really looked at that. But I mean that's, again, what we are trying to -- lines are blurred already. Bird: But, Caleb, most of these -- some of these grocery stores that sell retail liquor -- beer and wine I mean -- they are open all night and I -- I have never known anybody walk in at midnight and pick up a six pack that didn't get sold. Hood: So, just to clarify -- so, the part -- the part that's prohibited is to have the -- the glass after 10:00. You can go into a retail grocery store and still purchase th at until whatever the state law is. Again, in the primary use -- the primary use -- a drinking establishment is for primarily the sale and dispensing of alcohol by the drink or glass . I know some semantics, but these are the types of -- you know, no, I'm primarily take- home Growlers. No, I'm primarily not. Okay. We need some more -- Bird: Let me ask you a question. I just found out a month or so ago what a Growler was. Cavener: I would have shown you. Meridian City Council June 6, 2017 Page 70 of 112 Bird: So, that's how up to date I am. Now, when you go in and get one of those, can you sit -- like at Fred Meyers has got them and I think Fast Eddie's has got them. Can you sit there and drink it? No, you bottle it up and you go just like a retail six pack; right? Hood: Yeah. They put up -- they put a sticker or whatever over the lids, so -- Bird: I just think that we are -- I know the state liquor people have inherited many gray hairs over liquor laws. Hood: And, Mr. -- Mr. President -- Bird: And they are short staffed, but let's let the legislature play with it. Borton: Mr. President? Bird: Mr. Borton. Borton: This is noticed as a public hearing. Bird: Yes. Borton: I don't know if the members of the public are present to provide comment, but -- Bird: I would -- Borton: If they are I would be -- Bird: I think if -- if the truth be known, 90 percent of them out there are here because they think the city is trying to eliminate home-based business and I don't think it's liquor businesses or anything. Hood: Yeah. So, Mr. President, we haven't -- this is only the second of the three that I said, so if you want to take --- Bird: Let's get it done and, then, we can let -- let's get it done, Caleb, and, then, we can let them testify. Hood: Okay. So, then, the third -- the third group of changes to the UDC has to do with establishing an clear procedure for approving, revoking, modifying or denying an Meridian City Council June 6, 2017 Page 71 of 112 accessory use permit and these are commonly known and actually defined in our code right now as home occupations. So, today we sort of have -- well, not sort of. We do have three different processes for someone that wants to run a business out of their home. We have the home occupation that -- doesn't have any customers or clients and today what we have you do, if that's the case -- keep grabbing the wrong mouse. Is we have you come in and sign this statement of compliance and this says -- and this is the big one -- in no way shall the home occupation cause the premises to differ from its residential character. But it goes on to have other things that say you can't have more than two outgoing pick ups. Not a headquarters or main office. So, you can't be, you know, dispatched from there. No retail sales permitted from the dwelling. There are some exceptions to that. But we have people sign this and it's sort of the honor system. Like, yep, I read it, I signed it, we take it in and we file it away. So, there is two -- two people that typically use this. One is the ones that are proactive and they maybe jus t move here or want to start a business and they are like, hey, what do we need to do and it's like, well, what is your business model. Can you comply with these. If so, sign this. The other one that typically signs this is Tom and his group make a visi t to your house, because your neighbor ratted you out and said this guy has a landscape business and he has four people come in the morning and his fleet is there and they dispatch from here, can you look into it. They send them to us, we say can you comp ly with this and they say, sure, and they sign it and they continue to go on and violate the code. We don't have anything to revoke. We didn't issue anything. They just sign something saying, yep, I agree to be a good neighbor. They are still not being a good neighbor. We don't have anything to take it to the next step to say, listen, you're in violation of the code, therefore, it's a misdemeanor or -- or whatever the -- there is really no stick there. So, really, the main purpose for this is to establish a process similar to what we require for other home businesses, like daycares. So, for a daycare we require you to have -- to obtain an accessory use permit. So, your daycare is ancillary to you living in your home. Primarily it's a single-family dwelling. But you also have a home- based business of a daycare. In that case what we require is you to get an AUP and hold a neighborhood meeting with everybody within one hundred feet, let them know I would like to open up a daycare, do you have any concerns, real similar to our development process. The only thing is you guys don't see that. We approve it at the staff level. So, we require the applicant or someone that wants to run a daycare to have this meeting. They submit to us as the planning department -- they basically sign a similar thing saying I agree to be a good neighbor. We issue the permit and we send that to the neighbors, the same one hundred feet and we say we just issued a permit for that property to run a daycare. If you have any problems you have 15 days to let us know and you can appeal that decision. But, again, kind of same honor s ystem. We say you be a good neighbor, be a good daycare operator and, then, there is a process if they want to appeal it and I won't go through all that, but that's really the model we are Meridian City Council June 6, 2017 Page 72 of 112 using is an accessory use permit, requiring anyone that runs -- wants to run a home business to obtain an accessory use permit from the -- community development. That's a 160 dollar application fee. We issue the permit basically -- and this is -- I want to run through this, too, because these are changing. So, we need to talk about that. That's kind of the other thing. So, really, there is kind of two pieces to this. One is the process. It would require somebody to apply and obtain an accessory use permit for home occupations. The other is we are proposing to tweak these standards and some of them are more substantial than others, so I do want to run through that. But that's for really to be consistent in our process, because right now we have this -- this form that you can sign for free, it doesn't cost you a penny. Come in, you sign it, you're on your way. We have the accessory use for home occupation. So, the third one is if you have clients, customers, or employees, you can do this similar thing as daycares. You can apply for the accessory use permit where we require you to meet with a hundred neighbors -- or a hundred -- with property owners property within a hundred feet of your property to explain, hey, I have got two employees that are going to come here , you got any problems with them coming -- working at my house during the day or whatever. But it's the same kind of vetting process through the neighborhood to see if there is any issues with it. We don't get very many of those. Again, most people are like, no, don't have any employees, so -- and you can have, actually, one employee -- one non- resident employee. But it's the client's customers and employees and any variance to that. So, again, what we are looking for is some consistency in the process, so that when code enforcement sends somebody to planning saying, hey, you're in violation, you can't run a business out of your home. It is a residential district, you can't run your business, we are getting complaints, we can direct them to say, yep, if you want to run a business here is the application you need to make sent . Essentially irregardless of the -- the type of business you're running, if it's a daycare or -- and, again, we need to run through the -- the types of use -- ancillary uses you can even have. So, that's kind of the process side and -- and I don't know if Mr. Nary or anyone has anything kind of on the consistency and process that we are trying to obtain from this and we do nee d to spend some time on the actual standards. Nary: Mr. President, Members of the Council. Bird: Mr. Nary. Nary: So, I think -- I think Caleb's covered it really well. I mean that really is the -- the crux of that portion of the change. It's trying to create both standards for people that want to operate home businesses that are consistently applied across the board, because the trouble that we end up with is -- and this is Mr. Baker and his team end up with is how come I can't do this and that guy can do that and it looks kind of the same, Meridian City Council June 6, 2017 Page 73 of 112 because it's really -- the types of home businesses that occur in our city are not just people selling products. It is people doing home repair. People doing vinyl wraps on cars. People doing paint booths in their backyard. People making drapes in their garage. People selling products out of their garage, like it's a retail store. So, I mean there are a variety of different things. But when you look at it from a legal perspective , it's really hard to say you can make drapes, but you can't make something else. You can sell home-based products, like -- like some of the many different types that are out there, or you can have a garage sale every single Saturday for 52 weeks a year . So, that's what we are trying to do is get some clarity, so that we have some way to say here is the standard. Now, one of the things I have read in a lot of the material today from people that are concerned is are we -- is does this code change -- and I'm probably jumping ahead of Caleb, unfortunately. I apologize. Does this code change affect me as a representative of some business going to somebody else's residence and holding some type of gathering to sell products. No, it doesn't. It doesn't address that at all. That's not what they are talking about. It is talking about if you as the representative want to continuously use your residence as the business and operate it like a business in the middle of the neighborhood. So, the folks that have expressed concern that I have read today that this is affecting other businesses and how people operate those businesses by going to other places, renting spaces or going to places -- homes and other stuff to do this type of thing, that's not what this is about. It doesn't have an ything to do with that. It has to do with how you choose to operate your business on your residence and how that, then, impacts your neighbors and, again, we hear all the time about quality of neighborhoods and wanting to maintain the neighborhood feel an d neighborhood character. We on -- on the staff side, Legal, Planning and Code Enforcement, hear many times somebody that operates this thing, it's just me operating one business to teach drums to people all day long. But it isn't just one person, it's o ne person doing that, it's one person painting cars, it's another person repairing cars in the garage and somebody else selling multitude amounts of products out of the garage. So, it isn't one, it's usually many, and that's what we are trying to address is standards, so that we have something to say here is what you need to do consistently and, then, if you don't do it we have to have a means that prevents you from doing it and currently our code is a little outdated in that regard. It was built back in, you know, 2005 when this wasn't a huge issue and it's a bigger issue today. So, that's probably a longer answer to that question than you wanted, but that's kind of the basis of what we are here for, because I think there has been a lot of misunderstandi ng that I have read in the last day or two about people thinking it's affecting one type of thing and it really isn't and if the concern is it might, we can certainly talk about that. But t hat's really the intent behind these changes in regards to this area. Meridian City Council June 6, 2017 Page 74 of 112 Bird: I got two questions and I don't know whether Caleb or Bill wants to answer. Daycare has to be licensed; right? Nary: No. Bird: It -- daycares are not licensed? Nary: No. Bird: Holy cow. Nary: Well, daycares above -- Mr. Bird, to answer your question more specifically, daycares that have more than seven children have to be licensed by the state. Bird: That's what I mean. Nary: The city doesn't license -- Bird: No, we never license -- we never license -- Nary: The city has accessory use permits -- Bird: Yeah. Nary: -- of different -- Bird: Yeah. Nary: -- types that are allowed for all medium and large daycares. Bird: I mean the state. Nary: Yeah. Only after they -- Bird: If they have seven. Okay. I didn't know -- I didn't realize that. And, then, a lot of the things that Caleb is discussing -- I don't know how many times we have had people in here complaining about these and we say that -- well, that's part of your CC&Rs. You got to take care of it and why -- why are we -- why are we -- either we enforce CC&Rs or we let it go like it is and let the subdivisions enforce their own CC&Rs. Meridian City Council June 6, 2017 Page 75 of 112 Nary: Well, Mr. Bird, Members of the Council, I can possibly answer that question. One, not every subdivision is governed by a homeowners association. So, that's one problem. You may recall the gentleman that was in front of you a year or two ago that had a boat that was very problematic to the neighbors and he specifically testified in front of you I moved to a neighborhood that didn't have any CC&Rs, so I could park my boat out here. So, there is the issues that occur of his type in areas that don't have any other means of governance than whether or not the city ops to regulate this or not. Hood: I will also just piggy back on that answer a little bit. There is a life safety issue to this, too. When you talk about retail and offering the general public to come into your home that hasn't been constructed with ingress and egress and ramps and those type s of things, you're into building code issues. So, we talked about before your alcohol laws in the state and getting sideways with them, you're approved for occupancy to live there, not to run a business, and if you start to run a business out of that , you're violating other codes, again, potential life safety issues. I'm not saying people will die or what, but, potentially, that can happen if you don't have -- you know, it's not properly designed and -- depending on what you're doing in there, too. Bird: And I don't disagree -- Hood: -- HVAC and electrical and all that stuff. Bird: Anytime you start messing with life safety you have to come in and -- Hood: Those are typically covered by your CC&Rs. I mean that's something that building codes and land use codes regulate is residential district is meant to live in, commercial districts are meant to do business in. Bird: In the essence of time, if it's okay with the rest of the Council and with Caleb and Mr. Nary, let's let the public hearing start and maybe you can answer the questions as they ask. Hood: Well -- Milam: Mr. President? Oh. I have a question. Cavener: I do, too. Milam: I really have a question I wanted to ask. Meridian City Council June 6, 2017 Page 76 of 112 Bird: Okay. Go ahead. Milam: So, this is where I'm struggling with this. And I definitely see the need for this and I understand why you're doing it, for the most part, for the types of businesses that -- that Bill talked about. However, probably 50 percent of the households in Meridian are somehow directed -- doing some kind of direct marketing business -- to all different extents. Some very, very minor, some might be doing very well at it. I personally -- I get doTerra and I sell it. So, I'm breaking the law. I don't have a permit and so y ou want me to come and pay you 160 dollars and I probably sell less than that a year. So, it doesn't make sense in some situations and I and a lot of -- I know there is just so many different uses and where I don't think that there will be a lot of traff ic and I know they are not making stores out of their homes, but they may have somebody over to pick something up or they might have a small gathering of people and as long as they sell one thing, that, then, makes them a business and now we need to get a permit and pay 160 dollars. So, that's where I'm struggling with this. Hood: So, Mr. President, since we are confessing on the record that we are illegally operating businesses -- Milam: I am. Hood: -- I sell things on e-Bay. I could sell things -- no, that's not what we are talking about. It -- you can still do those things. What we are talking about is when our code enforcement officer gets called, because you now have an open house every day to sell purses or lipsticks or whatever and you have turned your front room into a retail store, we have something that says you can't have a retail store at your house. It really is so just the philosophy of the city has been to react to those complaints. I don't know that -- and this is where I -- again, I'm looking at Tom and maybe even Bill, we are not going to prosecute somebody for, you know, 31 or lip sense, Scentsy or -- it just doesn't -- you know, if you're a good neighbor, the neighbors aren't going to call and rat you out and if you do just because you don't like your neighbor and they do an investigation, they are going to say there is no violation here. You can't tell that I sell things on e -Bay. You know, I'm -- that's a -- is that a business because I made a buck? No. That's not -- so that's not the intent here and so the way we have talked about it and it doesn't read -- I mean this is technically, yes, you should pay turn 160 dollars and get a license to run a home business. Technically you should. But I don't expect everybody -- and I wouldn't even require everybody to do that. It's when there is that issue we have been notified we are going to issue a permit. If we get that call again saying you have employees, we should do a permit that says you guaranteed you weren't going to have employees or whatever you're violating, we could revoke that. That's -- Meridian City Council June 6, 2017 Page 77 of 112 Milam: We can't get the permit without spending 160 dollars. Hood: That's correct. Nary: Mr. Bird? Bird: Yes. Nary: Another thing I guess -- and I know you want to get to the public hearing part, so I don't want to belabor it, but I'm the lawyer, so I have got to give you the lawyer piece. Again, at the end of the day what we are trying to do is establish some standards and those standards are not different than other standards that exist. There is standards for how fast you can drive your car. There are standards when you can turn. There is standards when you cannot turn. There is standards when you can do certain things. Every time you violate that I guarantee you there is nobody in this room that can tell me they got a ticket for going 56 in a 55. Right? There are limits, but yet there are standards as to when enforcement is necessary and when it's appropriate. If the standards that they are asking you to consider are too low, that's fine. That's part of the conversation. If you think there is -- but if you think there shouldn't be any standards I would be more concerned. If you think the standard should be higher when it -- when the threshold of concern from the city should be involved, that's what we are here to talk about. But we are really just trying to create some baseline to say this is what a business looks like -- again, Mr. Baker and his folks don't give a lot of citations for code enforcement. They go out and talk to people, they inform them, they educate them, they will tell them we actually have some standards, we have requirements, you need to do this. They spend a great deal of time educating our citizens on what -- what types of things they can do and how to do it property. So, the concern that I have been reading the last couple days of every person who holds a party is going to get a ticket is not a realistic view of how enforcement occurs. And, again, if the standards need to be higher or different, because that's where your level of concern is, that's what we are here for. Hood: So, Mr. President, I appreciate your -- you know, I'm not trying to delay -- Bird: No. No. Go ahead. Let's -- Hood: I just feel like if we put this -- and I have got it on the screen, but I don't -- if I can kind of go through the proposal and, then, have people react to that. Meridian City Council June 6, 2017 Page 78 of 112 Bird: Okay. That's fine with me, Caleb. Hood: I will try to -- I don't want to gloss over it, but I -- but I understand what you're saying. People have been there for a long time this evening. So, here is really the meat, then, of the changes we are proposing to the home occupation -- and, again same thing. Anything in red is new proposed. Anything that's in black and white is already on the books. So, you can see the changes -- and, again, I'm not going run through all of them, but I will just highlight A, which says, basically, be a good neighbor. Don't make a bunch of noise and cause smells and those types of things. B is really the -- the change to B is based on the International Building Code. The International Building Code restricts in a residential dwelling no more than ten percent or 500 square feet, which -- whichever is more restrictive, to being set aside for a home office and I'm going to emphasize the office part of that , because that's how the code reads in the -- in the International Building Code. I mentioned at the beginning we have been working with Code and Legal and Building and that's from Building. They are like technically they should only have ten percent, not 25. So, that's the main -- that's the main change there. That kind of dovetails in with -- with D, allowed home occupation accessory uses, include, but are not limited to -- and so this is -- it's -- they are not all office uses. You know, an art studio is not an office use. But those are some of the things that -- again, this is just staff saying we think these are the -- the appropriate type of ancillary uses in a home -- and I'm not going to read you the whole list there, but those are the uses we are proposing would be explicitly allowed and would be explicitly prohibited, although it doesn't list every single potential use . It's meant to give a flavor, you know, including but not limited to. There is going to be other -- Growler fill stations weren't a thing 15 -- someone's going to come up with a home occupation thing that we didn't think of. Is it industrial in nature? Is it more of a professional service or personal se rvice? Are you cutting hair? Are you doing nails? Are you a CPA? You know, those types of things are the types of home offices that we are envisioning here. If you're repairing vehicles, that's not what we are talking about. So, that's -- again, I don't want to beat that too much, but that's -- D is a big one. So, that is -- lists the type of uses you -- you can and can't do, although it's, again, not an exhaustive list. E and F -- so, F, just a real quick point on F. Most of the last part of F it says the home occupation shall be conducted by the inhabitants of the dwelling. But if you look at L and M, it actually allows one non- resident employee in L, the -- the new part of that, then, is -- we didn't think it was appropriate in multi -- so, apartment complexes to run a business. We said you shouldn't have employees -- our parking ratios are already less in apartment complexes. To have an employee come to an apartment complex and cut hair or whatever it is, didn't seem appropriate. So, I did want to call that out, too, that we are -- this would be for single family, not for multi-family. Basically prohibit non-resident employees in -- in multi-family dwellings. So, then, jumping back up, then, to G. Really no changes there. Meridian City Council June 6, 2017 Page 79 of 112 It's just -- we are calling all of these accessory uses. That's what most of the changes are here. And H is another pretty big one. So this is one where I'm going to -- Mr. Nary, again, kind of jumped -- jumped ahead with some of the letters and I have go t the list at least as of 4:00 o'clock today everybody I received comments from. But -- but H right now technically -- again, this is -- we have violators today. If you look at this no retail sales permitted from a dwelling. And there are some exceptions, but the first one is get your hair cut there and you want to buy the conditioner or the hair product, you can sell that. You can sell them the hair products. You can't just sell hair products, you got to cut their hair first, but, then, you can also sell them the conditioner or whatever. That's really the -- the exception to retail sales. Two, it's something you -- sorry, I got that backwards. That's two. One is I have honey bees and I make the honey on site and you can -- you can have some honey or I'm a woodworker and I have some of that that I actually make on my -- in my garage or whatever. And, then, the third one is products -- it says sold online. I think this is where we need some discussion , because this is, again, most of the comments I have received -- and, again, confession time. My wife is a Scentsy consultant. So, we are not -- we not saying you can't, but her parties are people come, they look at a catalogue -- she has some samples and you could buy that if you wanted to. We're not classifying that as retail sales. If you like the sample you could take it home. Most -- 90 some percent are placing an order. She gets the order. she packages it up into a little bag or whatever and delivers it. You don't get it that night typically. And that's just my personal experience. That's how the model that I'm familiar with works. So, that's -- three is -- this says right now on the books products ordered online. Well, those aren't ordered online. We are in violation. They aren't ordered online. They are ordered in person. But she's not completing the transaction at the home, so -- we don't have customers or clients and whatever . But -- and -- and it says by mail. So, a lot of this was added for people who are -- here is an example where this most typically applies today. Somebody goes and buys the wine and the cheese and the nuts or the fruit or whatever, they put together gift baskets at the house. They go and buy these things locally or whatever and they ship Idaho Baskets of Goodies to everywhere. You can do that. That doesn't -- the neighbors don't know that that's -- they shouldn't know that that's going on even. And that's -- again, that's the intent. I'm going to jump back. It shouldn't change the residential character. We aren't tr ying to peek in your windows to see what you're doing, but it shouldn't be egregious to the neighbors to say, listen, they are running a business out of their home and that's the intent. So, I'm here to say -- kind of like we did with the first -- maybe three could use some work and massaging in that, to say, you know, parties, you know, that's -- that's what we are -- we are not so -- we are not concerned at all, quite frankly, about the parties. We are concerned -- and this is where the line is starting to get blurred -- the consultant that now has, again, lipstick or whatever, converted their front room and there is a sign out on the main drag that says open house , come to my house and buy Meridian City Council June 6, 2017 Page 80 of 112 lipstick or whatever, you shouldn't be doing that. So, that's where this retail component aspect -- and that's habitual; right? That's every day or every Friday or Saturday -- every weekend it's an open house at your house -- it's not really what should be allowed. So, that's the intent. Whether it reads that way or not, I'll let you decide that. But that's the intent with some of these. So, just quickly moving on. That -- those are the big ones. I and J are essentially the same. K, again, no real big changes there. M is -- is new. The no more than two clients and/or customers. And, again, I think that's some of the -- the concern that -- that I read that -- from when I read the letters that's some of the concern that I actually read was they weren't so concerned about me as a consultant going to someone else's house and having the party, it's me having parties at my house and this one -- again, by the letter of the law you would be in violation. Are there consultants that have parties every Saturday? Maybe. It's probably a better question for Tom. He gets the phone calls, not me necessarily on that, but -- so that one probably requires some more dialogue and I -- again, I imagine the people that are here for this probably want to talk about that. So, with that -- sorry, I -- Bird: No problem. Hood: -- tried to be quick, but there is a lot to it, so -- Bird: Thank you. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Before you jump in, just a couple of clarifying questions that will be helpful for me and maybe set the tone for some of the conversations we are going to have. Caleb, you and your staff do a great job of engaging stakeholders on issues you reference d earlier. BCA. We have got probably the most successful direct sales company in the world in our community. Did we reach out to them, discuss this before tonight? Hood: Mr. Cavener, no, to directly answer your question, no, we did not. Cavener: Okay. Hood: We definitely talked about them. Absolutely. Because that is not the intent is to say -- because we realize -- and I don't know if it's 50 percent, but we realize that this -- there is a large majority or a large percentage of households that do this . So, it was definitely -- I think at probably all of our meetings that came up. Hey, how is this really Meridian City Council June 6, 2017 Page 81 of 112 -- how is it going to be applied? How is it interpreted? Are we really going to say you can have a party? No. So -- Milam: Mr. President? Bird: Mrs. Milam. Milam: I have one more question. First a comment and, then, a question. Caleb, you said -- so, A and B was -- said something about home office and I didn't see anything about -- the word office in that one. Maybe I looked in the wrong place. Hood: So, that's in the building code. So -- and if you look in B -- so, right now in the UDC we allow up to 25 percent of a home to be used for your home business. Milam: Yeah. It doesn't say office. Hood: It doesn't say office, but in the International Building Code -- so, the problems we have is our code says you can have 25 percent. You go to the building department and say, you know what, I got to upgrade my electrical, because I need hair dryers or whatever for my salon and they go -- we can't issue a permit for that, because that's a commercial permit and you're in an R occupied home, we can only allow ten percent of this. So, we are trying to be consistent and not mislead people to say, oh, yeah, just go and convert that section of your home to a -- to commercial. You can't. Building code will prohibit that. So, it's to line up our codes a little bit there. Milam: My -- my question is what about -- just throwing this out there -- creating a different type of permit that created especially for direct marketing? So, it would actually -- so that we are not taking away stuff from the potential real bad kind of businesses that we are going to get complaints from, but allowing the -- the people that are doing this to feel -- for one, feel comfortable, for, two, not spend a fortune, have it be some kind of simple process, but if they still have a permit and, then, can be confident about that as well and it -- but with a little bit -- but just a little bit different guidelines. Some of the same stuff. Hood: I'm open -- I'm open to that and almost the model could be kind of what we do today with this. We need to talk about that in the context of, okay, well, how do we exclude them from -- how do we call them out separately. So, we need to kind of think about that. I'm not asking us to, you know, come up with city code necessarily on the fly, but let's at least brain storm -- Meridian City Council June 6, 2017 Page 82 of 112 Milam: Yeah. Hood: -- potential ways to do that, so -- absolutely. I'm open to -- I'm open to all kinds of solutions. I mean this is really meant to help our code enforcement officer and the -- the neighbor that's complaining that my neighbor and we don't have any way to help them out, where you sort of go, yep, sorry. Milam: No. I get that. And I -- so, I support that for sure. Thank you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: One quick question. Just on -- on E where it mentions no more than two outgoing pick ups per day from a common carrier. So, I'm assuming that would not prohibit -- like is in your case -- your wife delivers them. If customers were to come pick them up, because they are not a common carrier, is it -- would it be all right if 25 people came to pick up their orders? Hood: Again, I would say technically probably no, but how realistic is that -- and if it happens one time that's different. Than if it happens every day 25 people are coming to your house to pick it up -- we had this conversation, too, with code enforcement. They are not going to sit there and stake out a house all day long and count how many times the UPS truck comes. But if the neighbors continually complain that says, hey, they are having 25 people come and pick stuff up every day and they go out there for a few hours and, yeah, there is a substantial -- we are going to say, listen, you can't have this many pick ups per day. Is that a common carrier? I don't know. I guess that's more of a legal question. They are not the same person. But that is retail sales. Right? And we are in another section now that says retail sales are prohibited. Palmer: Thanks. Bird: Mr. Clerk, we got any sign-up for public testimony? Coles: Thank you, Mr. President. We do. Kevin Priest signed up again and does not wish to testify. Rebecca Priest signed up against. Does not wish to testify. Theresa Wier signed up against and does not wish t o testify. Eric Wallentine signed up against and would like to testify. Bird: Okay. Eric. Meridian City Council June 6, 2017 Page 83 of 112 Hood: So, just quickly, as he's coming up, we do have a list -- I do have a list and typically I would read that to you of all of the public testimony we ha ve received to this point. I did put it in a -- a summary sheet, so I just -- if you're in here and you just signed up and you don't want to testify, we got about 25 different letters from f olks saying they are concerned about this. So, I have got about 25 different letters from folks saying they are concerned about this. So, I just wanted that to be on record and it is part of the record that we have got. Bird: And I would ask -- I would ask in the public testify -- testifying that we stay to the subject, please. Eric. State your name and address. Wallentine: Eric Wallentine. Address is 2886 South Tagish Way. You were my coach 42 years ago and you're -- Bird: Was it that many years ago? Wallentine: You seem a lot shorter now. Bird: I was a young man. Wallentine: So, first of all, I don't -- I'm not -- I don't participate in -- my daughter just finished participating in the multi-level marketing, so that's not why I'm here. But I found out on Facebook that this was happening. I s aw the requirement of the two, you know, customers and immediately I thought that would have -- that would have wiped out both -- if I would decide to follow the law that would have wiped out my first two businesses that served as seed companies for the two businesses that I run today. All four have been successful and I think that's the -- my biggest concern is I teach classes -- I'm a facilitator right now with an entrepreneur group. I have done peer groups. I have been on boards. And I just think, you know, we can't do anything -- we -- not anything, but we can't do things that are going to stifle, you know, new small businesses. I mean there are some businesses I shouldn't run out of my home, but if I read the -- the requirements and the changes, then, I should never have run my remote control business out of my home, because I was in my garage, you know, fixing equipment. Now, what's equipment? Is it a bulldozer or is it a remote control? So, that's where -- if a reasonable person -- I think that's the standard we have to take here is take the standard of a reasonable person. If I'm a reasonable person and I read through those rules, how many businesses are not going to start in their garages, because they read those rules and say, oh, oh, I can't do that -- if they want to follow the law. And I don't think we should put people in a position where they have to say, well, I'm not going to Meridian City Council June 6, 2017 Page 84 of 112 follow the law, I'm going to escape through and hopefully they won't catch it. You won't catch me. You're not going to come in my garage. But the thing that -- the phrase that really bothers me -- and I'm not picking on you, Caleb -- I just remember your name, because that's my son's name. But the -- the phrase that really gets to me is when we say, well, technically, no. Technically we are not going to do that. What that means is we can do that, because you're breaking the law and that's what really bothers me. So, the two things in this that -- I and alluded to this a little bit -- is the equipment repair and rental. That one would have negated my first business -- or second business. The other business I did was we did waffle irons out of our home and I would take these waffles irons to places and you would see them in hotels where you make yourself waffles in the morning, and we would supply things out of that and I had a delivery once a month. It wasn't a lot of traffic. I took it to them, but I did have a couple of occasions where I had five or six people come together to meet with me in my home. Th at wasn't -- nobody knew it. My -- my neighbors didn't know it. They didn't complain. And it was very quiet. And, then, I have a guy that lived down the street from me that drives up and down with -- he has trucks -- he has six cars parked out front of the house all the time, because he's doing construction. That's where his teams come and pick up their trucks. So, there is a -- there is a clear differentiator here and I would just ask that we -- that we differentiate those. I don't think two peop le -- I don't think two clients and their customers is a reasonable line. That the one that really bothered me. Besides the -- the what is an equipment repair and so I think those are the two things that I -- I thought they were D and J, but you said the y were M later in the -- in the conversation. I have a bunch of notes here, but I'm not going to read them, because I think what I just said covers what I'm trying to say. Bird: And your time is up, Eric, so would you summarize. Wallentine: I don't get ten minutes? Bird: Yeah. Wallentine: That's it. It's just -- those two were the toughest things I -- things I had a problem with, so -- Bird: Thank you very much. Cavener: Mr. President? Bird: Yes. Meridian City Council June 6, 2017 Page 85 of 112 Cavener: Question if I may. You said two is not a reasonable number and I think that -- I think you see a -- with the Council you ask as a question -- you ask us a question, get seven different reasonable answers. So, it's an arbitrary term. I'm curious to what -- what a reasonable amount of customers is to you? Wallentine: I think it depends on how many of those people are staying -- I mean if I have two people coming throughout the day and they are coming and going, but there is not a stack of cars out in front of my house, I don't think anybody is going to complain about that. I don't think a reasonable neighbor would come in and say, hey, you know, he had eight people at his house today, but they were all there separately. Now, if I had eight cars pull up at 8:00 o'clock in the morning -- like my business now has 110 employees. We have paydays and they all come to the office on payday. And so that's not reasonable. I mean I'm not going to have a 110 or even ten people coming to my home at once. So, it just depends if they are staggered. Defining that is a difficult thing and I get that. Milam: Mr. President? Bird: Mrs. Milam. Milam: I'm pretty sure -- so, it's very clear that it says two at a time. So, exactly that. Two could be there at 10:00 a.m., two could be there at 11:00, you could have those people coming all day, but only two at each time. So, exactly the way you just described a good situation is what that document says. Wallentine: The thing that ran through my mind is that I did have six people on o ne occasion -- actually, a few occasions and I had five people, but it wasn't a whole boat load of cars. I am more concerned about -- I mean I -- I do talk to these small business owners that are just trying to get started and think they are not going to go do what I did and rent an executive suite on my third business. Milam: I had a business meeting at my home. Wallentine: So -- Palmer: Mr. President? Bird: Mr. Palmer. Meridian City Council June 6, 2017 Page 86 of 112 Palmer: Mr. President. Eric, question for you. So, having the exp erience that you have, have -- running businesses out of your home and with your neighbor you said down the street that has lots of cars there -- Wallentine: They were all legal, by the say. Every one of them was legal, so -- Palmer: And so -- I know. I don't doubt -- with that experience -- and this is also an outstanding question that I would love to hear lots of people's opinions on, understanding that most, if not all of you are going to say this goes too far. I'm curious if you feel like there are -- if there is something we should do -- if we should be tweaking this to -- to figure out ways to eliminate some of the other ones that we brought up that have been issues or if we need to just back away and let the free market do its thing. Wallentine: I must live in a good neighborhood, because I know that there are people around me running businesses out of their homes and I don't see the impact of it. So, I can't speak to that as far as what's the line -- I do have the one neighbor that -- he and I will have a chat, but I will deal with that on a personal basis and he will have to go get an office or he will have to go get a shop, but, otherwise, I can't really tell you what my line would be. Palmer: Thank you. Bird: Thank you. Thanks, Eric. Mr. Clerk. Coles: Cindy Lee signed up against and does not wish to testify. Elizabeth Bright signed up against and does not wish to testify. Norman Stoddard signed up against and does not wish to testify. Cheryl Stoddard signed up against and does not wish to testify. Eric Ritter signed up against and would like to testify. Bird: State your name and address, please. Ritter: My name is Eric Ritter. I'm general counsel for Scentsy, the aforementioned most successful direct sales company in the world. Bird: Thank you. Ritter: We are located at 21 -- or 2901 East Pine, as all of you probably are well aware. As you're also probably well aware, Scentsy generates about 500 million dollars in revenue a year that supports 840 employe es in our Meridian campus. Those employees have an average salary of 51,000 dollars a year and our annual payroll Meridian City Council June 6, 2017 Page 87 of 112 approaches 43 million dollars a year and that's just at our Meridian location, that's not our other location. We also have in Meridian 216 consultants who participate in home based sales. Now, I want to be crystal clear that all of that success that we have had is based on the sales of these consultants in their home and we have some real concerns about the way this legislation is drafted, primarily along the lines of -- and the number has changed in the various things, so let me make sure I have got it right. M -- can I control this computer or am I -- M -- it was J in one version, L, which is multi-family use -- I don't know where it is here. We have concerns about D and we have concerns about B. So, concerns about B, D, M and L. And we have -- these concerns are the same concerns that Eric articulated first. Number one, having a limitation on only two clients just isn't feasible for the majority of our consultants if they are having a home based party. They are going to have ten or 15 people there. Now, the only difference between their parties and your neighborhood barbecue or your family barbecue on a Sunday is the fact that there is Scentsy products there as Caleb alluded to. I think that there is already adequate code to address the type of issues that people are complaining about. We already have noise ordinances. We have parking ordinances. Those are things that the city enforcement -- code enforcement officers can enforce if those are the problems. Nobody really has a problem with people having guests in their house, whether or not they are participating in a commercial venture. Number two, we have concerns about the prohibition on any clients being able to participate in a multi- family dwelling. So, you know, I look at this as sort of a regressive tax. If you're in the lower percentage of the income bracket you're more likely to be in a residential dwelling. If you happen to be a Scentsy consultant in that dwelling you can't ever have a party in your house and I just don't think that creates a level playing field, it creates one that disadvantages people that are trying to start off and get ahead. I think, finally, in D , the limitation to ten percent, that's an International Building Code, because that's the IRS regulation for home tax deductions. It really has no effect whether I'm using my entire living room for a party or whether I get to use my home office, which is only a ten by ten room. I just think that that's too restrictive and is not actually based on a life and safety issue, but is present because of IRS regulations. And with that, like I said, I do think there is ways to come about the actual problems. Wh at are we actually trying to solve here. If we are talking about cars and noxious uses, you can prohibit it based on the type of activity. Is it dealing with hazardous materials? Does it have proper disposal? I mean there is already regulations to cove r all this. Let's enforce the regulations we already have and not create, again, with all due respect -- technically, yes, you're violating the regulations, but we are just going to look the other way, because at some point somebody won't look the other way and, then, we are going to end up, you know, hurting what has been, both in my life and the lives of all 260 consultants in the valley and the 140 employees that are based here, a very sustaining and dearly bought living. Meridian City Council June 6, 2017 Page 88 of 112 Bird: Thank you. Any questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: The previous individual providing testimony, same question I'm going to ask you. In your opinion what's the appropriate amount of people that should be allowed? Ritter: Well, we have maximum occupancy standards in the International Fire Code that's been adopted by the city based on square footage. In a residential that divisor I think is the square footage divided by seven. So, that's what I would say. I would say look to the code you already have. You already have maximum numbers of people. Cavener: Thank you. Bird: Thank you. Any other questions? Thank you for your testimony. Mr. Clerk. Coles: Carolyn Smith signed up against and would like to provide testimony. Bird: Okay. Smith: Hello. My name is Carolyn Smith and I live at 2715 South Hibernation Place in Meridian, Idaho. I have been an independent consultant for Scentsy -- independent Scentsy consultant for eight and a half years and a resident of Meridian fo r 11 and a half years and I have to reject the changes to the home based business ordinance. I am disabled, but I don't look like I am. Working from home allows me the opportunity to stay off disability and contribute to this community. In fact, a home -based business is about my only option. Scentsy has changed my life for the better. It has allowed me to stay home and raise my daughter and has given me the opportunity to help others. I'm like so many people who cannot afford child care, so a direct sa les opportunity allows them to still contribute to the family income. And the customers who love our products and if I had more time to prepare for tonight I could have brought some with me, because I'm sure they would like to express that they like the c onvenience of being able to come to my home. These changes currently proposed to the city ordinance scare me. To have no more than two people allowed at my home at one time would significantly hinder my ability to successfully conduct my business in Meri dian. In fact, it would put me out of business and I would once again have to go through the foreclosure process and I can't go through it again. If every town across America had similar legislation Scentsy would crumble and all of the towns to create th is legislation, Meridian City Council June 6, 2017 Page 89 of 112 the last place I would think would be so willing to hurt Scentsy would be Scentsy's own hometown Meridian. Hopefully it was not the intent of the planning commission to hurt Scentsy, a company that gives so much to this community, but it was just not thought through. Scentsy sales are significant and a large portion of their sales are generated through customers who come to our homes and take part in our home -based parties and open house and that includes taking product home. It's not jus t about ordering. There are people who can't afford shipping -- that are going to refuse to pay shipping and the likely convenience and want to come by and smell our products or if it's Lulu Stockings, to feel the fabrics and so forth. Please consider how Scentsy -- how Damsel In Distress which is also based in Meridian, how all the other home-based businesses, such as Pampered Chef , Cookie Lee Jewelry, Mary Kay, Avon, 31, Lipsense, LuLaRoe, doTerra, Tupperware, et cetera, bringing a lot of revenue for this community. That loss of revenue would severely impact our city and the lives of so many families like mine. Scentsy touts itself as family-friendly, a positive place to live and, please, please keep it that way. Thank you. Bird: Thank you. Any questions for the young lady? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Thank you for coming here tonight and sharing your testimony. At the beginning of your testimony you indicated that you object to all the changes. Smith: Oh. Cavener: And I just want to make sure if that was your testimony, that's fine. I just -- I wanted to give you a chance to clarify if that wasn't your intent. Smith: I reject the ten percent. There are people who own maybe homes of only a thousand square feet and need a home office and that's going to be more than ten percent of their home. It doesn't affect me, but it affects others. The two people at one time -- I do hold open houses, which I have been told is one of the situations that is being considered against. I don't have them every weekend. Scentsy has a rule we are only allowed to have two public open houses a month and I'm lucky if I have a chance to have more than one a month . That does generate some traffic, but typically I have about six people come to my house. I will have nobody for four hours and, then, three people will show up at one time and I will be in violation. I -- sorry, I'm trying to remember all of the rules. So, I -- obviously, one of them is not up for debate. It's Meridian City Council June 6, 2017 Page 90 of 112 already legislation. The retail sales. But definitely the number of people -- it is a consideration. Cavener: Thank you for that clarification. I appreciate it. Smith: Thank you. Bird: Thank you. Any other questions? Thank you, young lady. Smith: Thank you very much. Coles: Mr. President, the rest of the sign -ups all indicated they did not wish to provide testify. So, I can read those names into the record if that is your preference. Bird: If you would like to, I would appreciate that. Coles: Absolutely. Tricia Miller signed up against and does not wish to provide testimony. Reed Brimhall signed up against and does not wish to provide testimony. Jeff Pruitt signed up against and does not wish to provide testimony. Robert Reeder signed up against and does not wish to provide testimony. Heidi Thompson signed up against and does not wish to provide testimony. Owen Thompson signed up against and does not wish provide testimony. Elaine Anderson sign up against and does not wish provide testimony. Kareem Betalli signed up against and does not wish to provide testimony. Carrie Motley signed up against and does not wish to provide testimony. Jessica White signed up against and does not wish to provide testimony. Richard Steele signed up against and does not wish to provide testimony. Tanya Steele signed up against, does not wish to provide testimony. Lonnie Leavitt Barker sign up against and does not wish to provide testimony. Lisa Patton signed up against and does not wish to provide testimony. Stephanie Marchello signed up against, does not wish to provide testimony. And Casey Lyon signed up against, does not wish to provide testimony. That is all the sign-ups, Mr. President. Bird: Thank you, Mr. Clerk. This is a public hearing. If you didn't sign up or -- and would like to provide testimony, please, come forward. Come on up. Miller: I actually wrote no, but I changed my mind. My name is Tricia Miller and I live at 2571 West Astonte Drive in the City of Meridian. I am a fairly new resident, four months here, now in the state of Idaho. I wanted to address having an open house with some regular hours each weekend. The last two weekends -- let me back up just a little bit. I am an independent fashion retailer for a company called LuLaRoe, which we provide Meridian City Council June 6, 2017 Page 91 of 112 women and children's and men's clothing and I left a state where I had a very established business, a very established clientele, and regular in-home parties in my home. I came to a state with no friends, no family, just my husband and my six children. Having open house hours has allowed me to reach out to the community with a sign that I responsibly set out and pick up immediately when it's over in my subdivision . It has allowed me to meet people in my neighborhood. It has allowed me to reach out to the community and let them know -- come to my home, I can provide you with a service, the service of clothes that make you feel amazing, clothes that make your family pictures -- you will look beautiful. It has allowed me to be a mom. I have six children from ages 21 down to four years old. My oldest is an autistic adult. He has a small part time job also in the City of Meridian. He will never drive. By allowing me to have set open house hours where I can be a mom and not have nap times interrupted or say I'm only going to have people allowed to come over to my home from these hours to these hours, allows me to say, hey, 3:00 o'clock, we are done, we can go to the pool or we can go do this or my son knows on these days don't schedule to work these times, because I cannot drive you. He will never drive. That will not happen because of his disability. It allows me to not have to pack up 1,500 pieces of clothing that takes me three hours to pack to leave to go somewhere else and to spend an additional two hours setting up for a party somewhere. So, having these things in my home allows people to come over and experienced a one-on-one personal styling session where I make women feel amazing every single day. By taking those open house hours away from me really prohibits my ability to show other women -- as being a leader in the company of 80 girls underneath me, it takes away that ability to show that they, in turn, can turn around and go make thousands of dollars every single month, which I do, and I put a lot of money in my bank account and provide for my family where my husband sometimes cannot. So, by taking that away in a new community, especially for me, really, really hurts my business and clothing is much better in person. So, when people can come over and touch it and feel it, they just love it. So, that's pretty much it. As far as tax structure goes, that's also something right now -- I'm in an HOA subdivision, but one day I would love to buy a home on property where I can have a Lula Cottage as we call it and have my clothing up and have kind of a little type of boutique that people can come into and feel like they can shop at home and as far as life safety goes, that's what business insurance is for. Thank you. Bird: Thank you. Any questions? Cavener: Mr. President? Bird: Mr. Cavener. Meridian City Council June 6, 2017 Page 92 of 112 Cavener: Tricia, thanks for coming and providing some testimony specifically from your industry. I became -- well, I should say my wife has become very familiar with your company and that packages that we have at our house somewhat frequently. But as a result I have also noticed in Meridian business owners setting up shop in parking lots and on public streets. Miller: Yes. Cavener: And specifically the public streets is something that concerns me and I think that this Council is trying to get a very pragmatic approach to some of these presentations, but setting up a business on a public street to me is concerning and I'm hoping that maybe you can address if that is part of the business model , if that is the case of a bad apple or maybe I guess just address that particular element that seems to be popping up more frequently in our community. Miller: Okay. Well, part of the business mode l is creating urgency and it is creating -- we as retailers we buy wholesale, we do not get to pick the prints that we get, we can order sizes and styles, but we do not know -- when we get a box of inventory it is like Christmas Day to us. It is a big surprise. So, then, we turn around and we create urgency and that is part of the business model with LuLaRoe is to get that product out there. We only have 5,000 -- up to 5,000 of any one individual print across the board for say this sweater. There is only 5,000 of them in the United States. That's it. So, when I get that the need is to create urgency and get out there and get our product in front of people, because, obviously, it's better in person than maybe my bad lighting as you would see online on a Facebook group. Now, I apologize, because her name just escaped me right now, but the clerk that -- so, I contacted her recently, because you can get something called a mobile sales permit in the City of Meridian and I believe her name is Nancy -- am I correct? Bird: Yes. Miller: Okay. So, I have recently contacted her. Now, that is the legal way to go about it and she has issued some of those permits. I have talked to her extensively about it and she has invited me personally to come and sit with her and explain more about it, because she is getting more and more calls about this . Now, if I open my trunk and I have a garment rack in the back of my trunk and I have clothes hanging there , I am within the legal use of that permit to go ahead and sell out of the back of my car. Getting those clothes out say under an easy up and setting up in a parking lot , that I am not familiar with, unless it is something set up with the business -- that is the part that may be does need to be addressed of what those fine lines are, because I'm very much Meridian City Council June 6, 2017 Page 93 of 112 a rule follower, but I'm also a fly by the seat of my pants kind of girl. So, if I had a trunk full of clothes and people -- I'm at the park with my kids and people want to look at them and, you know, I just start -- I have a rack and I'm just setting him up, I'm going to do it if I don't think that I'm breaking any rules , but I don't and I have not yet, because I don't feel like -- I didn't know -- I honestly did not know the laws or the rules in regards to that. So, maybe something like that can be put in place. But, again, it's going to -- you're getting now down to a LuLaRoe Consultants can, but maybe Scentsy consultant can't or Tupperware -- you know, if you don't want to get into all this, you know, picking and choosing on which businesses can and can't. Bird: Thank you. Cavener: Thank you. Miller: You're welcome. Bird: Any other questions? Thank you very much. Miller: Thank you. Bird: Is there anybody else that would like to testify? Please come forward. J.Pruitt: My name is Jeff Pruitt. 14518 West Barclay Street. I'm also with LuLaRoe and there is a couple things that I just want to pick up on . I don't know all your names, but Council Milam -- Milam? Milam: Milam. J.Pruitt: That of the 160 dollars. And to me -- first off, I agree with her we should not have to pay that and, then, two, what's the cost breakdown of that 160 dollars? Why is it 160 dollars? Why isn't it ten, twenty, thirty. Why is it 160? I don't know. And that's a question I would like -- maybe he can answer. It seemed to me, too, that the bigger issue that I -- that I was hearing personally is the rate at which the customers are coming to the home; right? That's the big topic. To me, like the very first gentleman that spoke, it shouldn't really depend on the type of business -- business, in my opinion. Because how many have started were -- Steve Jobs; right? He started in the garage. There's so many instances where people start in their garage and grow bigger. In LuLaRoe I have a four car garage with over 6,000 pieces of inventory. Retail sales like he's saying. That is our full-time income. I do this full-time with my wife now. We make a full-time income off of selling women's clothes. Did I ever think that was my career? Meridian City Council June 6, 2017 Page 94 of 112 No. I was an accountant prior to this. Now I sell women's clothes. But a lot of what he was saying would shut us down. Right now it would shut us down on -- on what we do. We have two days a week where customers come to our house for two hours. Sometimes I get 30 to 50 women show up -- showing up at my house. But I like Eric, the lawyer from Scentsy said, there is already code that addresses these issues. There is parking codes. There is -- relevant to your question. There is a certain number of people that can be in your house at a specific time , right, per square footage. So, I think a lot of the things were like nitpicking and micromanaging of a lot of these things. Even back to the liquor license. My brother owns his own bar. Like they are so governed already -- in my opinion, leave me alone. There is so many state laws that already govern what they're doing, let them be governed and let's not nitpick down to the smallest minute details where we can't even run our own businesses the way we want to run them, because that's why we live in America; right? It's that freedom that we have continually to run our businesses the way we want and still be governed , obviously, to a degree. One other thing, too. After -- and I didn't know a lot of these rules or laws or ordinances existed either, I will be honest. But one of the other things was my business depends on my neighbors approval . A hundred feet. What if my neighbors hates my guts, but I'm trying to start a business. Now, I can't start that business because my neighbors don't like me? Luckily my neighbors like me right now and they know what I'm doing and they -- the women come over to my garage all the time. So, they are big supporters. But what if it was someone else? And now they can't, because I didn't take them cookies and a glass of milk; right? So, there is so many things that it's -- it's based on someone else's judgment of me. My suggestions are this, based off of Council Milam -- Milam: Milam. Pruitt: Milam. We will get it at the end. Is create a separate ordinance specific to this industry, because we don't have catalogs that we can order from . Like our customers, we are a different type of direct sales company. There's no catalog. So, we have to carry our entire inventory. And, then, like Eric said, enforce the current state and city codes that are already in place. That would be my suggestions. And, then, I really liked what Council Cavener said about get into the field. Did they go out and ask the current field that's already existing out there, like Scentsy, the biggest one. That would be my suggestions. Bird: Okay. Thank you. Pruitt: Yeah. Meridian City Council June 6, 2017 Page 95 of 112 Bird: Any questions? Thank you very much. Is there anybody else that would like to testify? This is a public testimony, Council -- public hearing. Do you -- what's your pleasure? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I don't know how the rest of the Council feels, but I would hope maybe we could at least keep the public hearing open for the meantime. We may have some discussions that may spur some feedback and if this Council would -- Bird: Fine with that. Any discussion? Milam: Second. Bird: Mrs. Milam? Milam: If you need that -- so -- Cavener: Discussion. Milam: Oh. Go ahead. Cavener: No. Go ahead. No, you go. Bird: Well, do something. Little Roberts: Mr. President? Cavener: Go ahead, Ann. Bird: Mrs. Little Roberts. Little Roberts: I would just like to go on record that I appreciate you all being here and everything and I don't think any of this was ever intended to even remotely come across as not being business-friendly. I also run the Meridian chamber and we work really, really closely with the city to make sure that -- I mean we run our Young Entrepreneurs Academy and we are encouraging kids to -- at 14 and 16 to start businesses in their homes and create entrepreneurs that can be out and creating their own businesses. Meridian City Council June 6, 2017 Page 96 of 112 So, I don't think that any of this was an intent at all to come across as not being business-friendly in the community of Meridian. Bird: Thank you. Mr. Borton. Borton: Mr. President. This is, although lengthy, fantastic. It's -- the distinguishing characteristic, at least for this discussion, is it's not a -- it's not a meeting in public that we are having, it's a public meeting and part of this process -- and I appreciate all of the staff's work on this -- is to get through this stage and grind and get the written letters and get the public comment that each of you provided with your own diverse backgrounds and reasons to raise concerns that some or all of us might not have -- have seen. It's exactly what we are supposed to do. I think it's been extremely helpful for me. Early on in this discussion there was -- there was a recommendation or a comment about tabling this, sending it back to staff and address all of the concerns that we are going to hear. I think it's a fantastic idea. There is no way that I'd go forward with approving this right now. There has been some fantastic input of unintended consequences that have been raised in writing and here that I'm -- that I think our staff appreciates, too. The intent of what we are trying to address, we need to make sure that we don't create, you know, create more regulation that's unnecessary and harm a lot of the -- the citizens and businesses that our community depends on. So, I think it's been fantastic. I appreciate the information. I wouldn't vote against it -- my recommendation would be to remand it back to staff and to try and work through some of these concerns, reach out to some of these -- whether it's Scentsy or other providers that our residents utilize and try and come up with some alternative language that addresses all those concerns, if there were to be any change at all. Bird: Thank you, Mr. Borton. Mr. Palmer, do you have something to say? Palmer: Yeah, Mr. President. Ever since I was first running back in 2015 I have always put my cell phone number on all my literature and I have it on the city website and no one has ever called me until today. It's fantastic. My phone is ringing off the hook. And the great thing was I was agreeing with almost everything -- and usually I get e-mails after things and people are pretty upset with me, everything everyone has called me about I was -- I as on board. So, thank you for calling. Please keep doing it. I echo Councilman Borton. I feel like we -- as I am far from an environmentalist and I'm far from a guy who loves regulation, I'm very pro business, pro property rights, in every possible way. There hasn't been a development project that's come before us yet since I have been on Council that I voted against and so I want to make sure that we are not hampering anyone's ability to -- to build a business and to be able to grow it -- I know Micron was started in a garage and it's obviously not in a garage anymore. And so I Meridian City Council June 6, 2017 Page 97 of 112 would like to -- to continue to have Meridian as an opportunity for people to be able t o start in their home and stay there if that works or grow out if they -- if they need to. But there are circumstance -- paint booths, people painting their cars next to other people's homes. There are situations that we do need to find a remedy to and so while we can't just throw this all out, I think -- again, echo Councilman Borton, definitely we need to make some tweaks and all of your input was very valuable. So, thank you for enduring with us and providing the testimony. Bird: Anything else? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: So, today was kind of a unique day to Council Member Palmer's comment, because at about 1:00 o'clock today someone -- maybe good intentions or not, I think created a panic on social media and like Councilman Palmer, my phone number has been on every piece of my campaign material and for the first time ever my voicemail box is full. I can't take anymore messages, as my wife text me and told me no, because she was trying to leave me a voicemail. And part of that frustrated me, because I think that we as a Council have been pretty even handed and I think you have -- hopefully you have heard a lot of that this evening. So, it's frustrating -- there was this -- what I thought was an unneeded sense of panic and, boy, why is somebody doing this? But the result has been really fantastic and specifically to Ms. Smith, I don't think that if this panic wouldn't have been created that you would have been here tonight and I'm really glad that you were here tonight, because I really enjoyed hearing your very candid testimony and it created food for thought , because the challenge is is that -- and we have talked about this a lot, is that we all have our opinions about what's acceptable and what's not and what might be acceptable to Council Member Palmer is going to be obtrusive to me and as a Council it's our goal to weigh reducing regulation, so that your business can be successful at the expense of our community standards . We heard from people and all of our issues tonight people have got up and said I have moved to Meridian. Well, you have moved to Meridian because we are a pretty remarkable community and we have something to offer and we wouldn't be remarkable if we didn't have standards and so we have go t to work through staff with this and I hope staff will engage some of the folks that are here tonight, we will engage some subject matter experts, because when I hear I want to open a retail business in my garage , with all due respect, I don't think that gels with our community standards and if that's what you want to do, maybe Meridian isn't the best place to open a retail business in your garage in our neighborhood. But that doesn't mean that we need to paint with such broad brush Meridian City Council June 6, 2017 Page 98 of 112 strokes and so I recognize it's a challenge for staff whether it's helpful or a hindrance -- I'm willing to sit at the table and work through this. I think you have heard from a lot of people that are here to do that tonight. I know this was probably not intended to be a first of many steps on all three of the subjects that we have talked about tonight, but I feel that it is. I think Council Member Borton recommended that we remand this back to staff to work through. That's something I'm very supportive of. I don't know if any other Council member has any other comments -- if they do I want to make sure there is time for that. But if -- if there is not, then, I would be happy to make a motion. Bird: Mr. Cavener, I want to -- I think that -- I think that we -- I think that we got some faults leads out there and even I have to admit that I wasn't sure of what we were trying to do, but the worst thing I can see -- and -- and it happens way too often is we want to micromanage everything and you can't do it -- the regulations -- most -- every one of us up here worked -- work or do work for small businesses or we wouldn't -- and that's how you make your living and regulations, micromanaging kills those kind of things. I definitely think this needs to go back. I think planning needs to get with people -- developers and BCA aren't the right ones to talk about working out of your house. You need to get with the Scentsy's, the Mary Kay's, those -- those people that are -- I have known a lot of women that helped their family and bought a lot of toys and stuff for their family through Mary Kay and all this kind of stuff. I think there is a way that we can have regulations, but we can also be sensible and have decent businesses out of it. That's my say. Now what do you want to do? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Unless there is any other comments -- Hood: Maybe just one comment or maybe two. Bird: You bet. Hood: First is I appreciate Councilman Cavener somewhat volunteering to serve on this committee. I guess part of the -- the struggle that I have to some degree is I don't mean -- we have people here that testified tonight and -- I don't have a list of -- I can get a hold of Scentsy. I know how to get a hold of Scentsy. But the ma and pa's, th at's -- some of the -- we don't have a business registry. We don't require that. But I can reach out to some of the folks -- if they are interested. I don't know if they are. But I need -- I don't know how to put together this group I guess is what I'm saying. I'm used to working with Meridian City Council June 6, 2017 Page 99 of 112 the developers, you know, so -- I appreciate and I agree, I just don't know who that is, so -- Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Caleb, I think we have been inundated with communication from people in our community. Many of them are here tonight. I would imagine that many of them would be happy to reach out and offer -- maybe all of them are able to, maybe we only need a fraction of them, but I think that -- I wouldn't be surprised if you would hear some people that would volunteer. It sounds like you're going to reach out the Scentsy, which is great. Someone indicated in their testimony tonight that there is another direct sales company -- I think Damsel In Distress that is located here in the valley. They may be another organization to connect with. I think start there. Hood: Okay. So, I'm going to start I think with the folks that have sent the e-mails and the letters already, as well as -- Bird: I think there is 25 e-mails. Hood: If you don't -- if you didn't -- you know, most of them did leave an e-mail or a phone number and I -- I don't want this to get too big, though, either; right? I'm not going to do all 216 or however many there were. That's just -- it's going to be chaos. But, you know, ten or 12 or 15, something manageable, right, that we can kind of work through some of these things. So, I just want to kind of -- the expectation, make sure we are on the same page here and, then, I have a council liaison, too, so I will let you guys arm wrestle over that, who is going to co-serve on this or whatever. Bird: I think -- I think he ought to be volunteered. Hood: It's decided then. The other thing I would just request, as you -- because this seems to be where it's going, is as you -- if you continue it, a date certain to me makes some sense. Let the people know when we are going to pick this up again. Three months. Four months. There is -- from my standpoint -- and, again, I will look to Code Enforcement and Legal -- if they have more urgency than I do -- I don't think we are in a rush to change things. Three, four, five, six months. Whatever you think. But some date certain. If you can look at your calendar when you continue this to a date certain, I will defer what date that is to you, but -- Meridian City Council June 6, 2017 Page 100 of 112 Cavener: Okay. I can put that in a motion. I think I'm fine with that. Bird: Just a second. Tom, we have sat here -- you're the -- you are the enforcement. Have you had a lot of complaints and stuff over what we have been discussing? Baker: Well, when it comes to do -- oh, thank you. When it comes to home occupations we do get quite a few complaints on home occupations. I was just looking through my numbers and they are not near as high as I -- I envisioned them to be and I think the reason is when we do get a complaint, the people that complain about them are very passionate, but as they make the statement that -- they make statements to us that, hey, I moved -- this is a residence, it's not meant to be a business, why do I have all these cars parked in front of my house. Now, to the gentleman from Scentsy that mentioned we have parking codes, a lot of the people park legally, so there is nothing we can do about the actual parking of them. To go back to -- and if I'm saying too much here, please -- Bird: No. No. Go ahead, Tom. Baker: Is to go back to what people were wondering about as far as ticketing and writing citations to home occupation people that are conducting home occupations. We -- that's not how the UDC works. That's not how we work. We don't write -- we don't -- it's not even in our code that we can do that. We can't write you a citation. The other thing is when it comes to Scentsy and other businesses like that -- so, I don't want this to come across as Scentsy got a -- some type of an exemption, because it wasn't, but my understanding since I have been here -- almost ten years now -- we have never tried to prosecute any type of -- well, actually, I have to say, we -- I don't even recall us getting a complaint on a Scentsy or any modeled business that's like Scentsy and when I say that I mean -- I don't know too much about your business, so if I'm -- if I'm speaking incorrectly here, please -- please forgive me. But where you have people come to your house to have like a party where you're looking at products and , then, they order things and, then, they come back or you take them there. I was always under the understanding that that model of business didn't -- did not violate our home occupation standards and it wasn't regulated by home occupation standards. The one exception -- and I hate to say this -- has to do with the blue jeans. We did get a complaint on the blue jeans where -- and it wasn't you, it was many years ago, and I don't even think it was your product. It might have been something else, because that doesn't sound familiar. But the person had boxes and boxes in the garage and they were selling them retail out of their house and it was -- you can see how murky these waters can get, as we are talking about all this. It was decided in that case -- it was my case -- that it was too similar to the Scentsy model, to the Tupperware model, to the Terra model, to delve Meridian City Council June 6, 2017 Page 101 of 112 in and try to enforce our code, because it was too similar and the lines were too blurred. So, the decision was made to just -- to back off, unless we just had overwhelming evidence to the contrary. Now, the vast majority of home occupation -- excuse me, I'm getting kind of tired here. Home occupation complaints that we get are the vehicle paint booths that I think Mr. Palmer mentioned. The vehicle repair and we get a lot of daycare complaints that people are turning around improperly and so we do have a lot of people here that have showed up, but what we don't see are the people that are calling to say I live in this neighborhood, I bought this home and I didn't expect there to be a drapery factory across the street from me or this other type of business where, you know, people are coming all the time to buy things. Those are the types of complaints who get to -- from other -- on the other side of it and I think Mr. Cavener kind of was alluding toward that. I don't want to put words in your mouth , but it kind of sounded like that's where he was going with what he was saying. Very eloquently. So, I think the portion of this that we really ought to pay attention to was the permit process. This -- that is drastic. It -- without that portion of this -- that component of this code -- and I'm not saying it has to be done exactly like that, because Caleb, in all fairness, he did mention that, as -- as Mrs. Milam pointed out, maybe certain types or levels of occupation could have a different level of permit processing and goes back to what the gentleman brought up -- and forgive me if I'm not supposed to be pointing, but I just want to make sure we know where I'm talking about here. The gentleman brought up about what do those fees go to. Well, with certain permits -- Caleb -- he said in our meeting that, you know, they -- certain types of home occupations -- one part require the amount of work, so maybe we can have a different level of permit. But I can tell you from a code enforcement standpoint and knowing what the -- what Meridian expects of our neighborhoods, I am very thankful that we are making this attempt. I'm very thankful to Caleb, I'm very thankful to Bill that they have -- they have taken this on, because it is very hard. It's not easy to please everybody, to make sure that everybody has a fair shake. We are trying, I promise you that, and this is not intended to hurt anybody's business, it's intended to try to walk that line between what Mr. Cavener said regarding keeping our neighborhoods looking like neighborhoods and satisfying the citizens that are complaining, because they are out there, I promise, and we were making this up and they are very frustrated when they say, well -- we tell him they have a permit. Well, they're not doing what the permit says and there is no process here. There hasn't been since I have been here. There was no process to try to revoke that permit or do anything with it. The only process we had was to write a violation letter and, then, have it go to City Council as it's spelled out in there and you guys decided whether or not and how many of -- how many times has that happened? Probably zero. So, we need to -- we need to streamline that process, so we can better serve that side of our -- of our citizenry that is frustrated that people are violating their home occupations and that they are -- they are not following the rules. So, I am really thankful Meridian City Council June 6, 2017 Page 102 of 112 that you guys have -- we have finally tackled this. It's -- it's a huge, huge thing for the community. I really am thankful that we are trying to tackle it. And, you know, to go to the nice young lady you were putting it -- that has the operation -- the open house. I have been looking at those -- I have been looking at those signs on Overland all the way up into Bear Creek for years now and how many times -- I don't even recognize your face. I'm sorry, where are you? You're -- I don't -- yeah. Hi. I don't even recognize you. You probably -- I have never been to your house because of that, because we try to exercise due diligence when it came to that. We were to ld the Scentsy model, once again, not giving the exemption to Scentsy. We are not singling them out to say, hey, it's okay for Scentsy, no one else. It's that particular model did not violate our home occupation standards and, therefore, we left them alo ne. It sounds to me like what you were doing may have, if we wanted to get nitpicky on it and, you know, like -- like the other gentleman said, technically, you know -- well, sometimes there are gray areas in city code and we -- we do our darnedest to make sure that we enforce our city code with the intent of our City Council and our Mayor and to make sure that we are doing it fairly and we never ever go after people and try to maliciously go after businesses, but one case -- what was your product? The jeans that you're selling? He said he's become very successful. I have a case over in -- in Red Feather. That -- the one on Ustick. It was a hospice business and she started out in one little tiny room and she became so successful that every single room in her house was filled up with personnel to help -- not -- not sick people, they weren't conducting the actual -- they were actually -- that was their office building and she had no idea -- back when she asked about it, she -- they called the business, they said, sure, you can do that. It was that long ago. But it has became so successful. So, what she ended up having to do is move out of her house, because they were having literally conventions of a hundred people that would come to that house and cars parked everywhere. Most of them legally. We couldn't do anything about the way they were parked. She had to move out of her -- out of her house and in -- she had to get a commercial warehouse to -- and you know what she said to me? I went and saw her one day. You said, you know what, that was the best thing you ever did for me, because once I moved into that -- that -- that office space I was actually able to even expand better and my business became even bigger and bigger and she thanked us. So, the re are flip sides to these matters. Sorry for being long-winded. I just -- I have been hearing a lot of passion here. We are not out to get Scentsy. We are not out to maliciously get anybody. That's not what this is about. It's to try to provide equity. That's all. Bird: Thank you, Tom. Council? Mr. Cavener you got a -- you want to continue the public hearing or are we going to close the public hearing and then -- Meridian City Council June 6, 2017 Page 103 of 112 Cavener: I -- Mr. Bird, if -- unless there is an objection, I would just move t hat we keep the public hearing open and we -- Bird: I don't disagree. Cavener: -- and continue it to -- here is the date. November 14th, 2017. That give us six months and, then, I would -- I would like to ask staff to establish a stakeholder group to look at this issue, involve individuals from the direct sales industry, as well as those that work in the beer and wine, retail, on premise industry and perhaps, if it's appropriate, maybe some goals of that group, potentially be to maybe establish a direct sales definition that could be included in with the -- with this proposal. Palmer: Second. Bird: Second? Cavener: I see Mr. Hood is rubbing his -- Bird: Any discussion. Hearing none -- Cavener: Mr. President, if I may? Bird: Yeah. Cavener: I just want to give Mr. Hood an opportunity to answer -- ask a question or clarification before we vote. Hood: Poker face, I guess. Cavener: We should be playing cards. Hood: Yeah. I will do whatever -- I'm just trying to envision how that works two subcommittees and, similarly, I'm not quite sure from the beer and wine side of things who to -- and I definitely wouldn't mix that up into one work group I don't think. That seems like that's just too different groups. Milam: I agree. Hood: And so I'm trying to figure out how you envision that working in your motion, how that plays out in real life. Meridian City Council June 6, 2017 Page 104 of 112 Nary: Mr. President? Bird: Mr. -- Nary: How about -- we will take the lead on the beer and wine stuff , since we deal with that both of the licensing side and include as part of that discussion and we know who the contact folks are to talk to on that. If the planning folks would take the lead on the home occupation stuff, we could probably get that -- Bird: I think that's very good. Cavener: While one group was much more vocal here tonight, I think both of those are issues that we both -- we discussed -- Bird: And I think Mr. Nary spent about two years on a liquor thing, so he's very familiar with liquor laws. Okay. Got a continuance to November 4th, 2017 -- Cavener: 14th. Bird: 2017. November 14th, 2017. Cavener: It's a workshop session. I thought that would be best to go with. Bird: That's great. If I said 2014, we have passed that. All in favor sa y aye. Any opposed? See you the 14th of November. MOTION CARRIED: ALL AYES. Cavener: Thank you all for being here. H. Public Hearing to Consider the Conveyance of Certain Real Property on E. Pine Avenue near Main Street to the Ada County Highway District for Right of Way Purposes 1. ORDINANCE NO. 17-1730: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER OF E. PINE AVENUE Meridian City Council June 6, 2017 Page 105 of 112 AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE Bird: Okay. We got a public hearing to consider the conveyance of certain real property on East Pine Avenue next to Main Street to the Ada County Highway District for right-of-way purposes. Mr. Nary, I'm sure you're lead in that. Nary: Yes. Thank you, Mr. President, Members of the Council. What this is -- this is the final step in conveying a portion of right of way to the Ada County Highway District. This area on Pine -- Pine is going to be widened in 2018, so this is a portion they need as part of that widening project. It is a major amount of property of the city. It's 44 square feet and there is no cost, because of our waiver -- our fee waiver agreement that we have with the Ada County Highway District. All of the noticing has been done. All of the noticing that's required has been taken care of. This is just the opportunity for any public comment and, then, an ordinance is attached to your agenda to approve to move this and make this conveyance complete. Any other -- to know where this is for the record purposes, this is the public parking lot that is behind the Meridian Cycles. That -- that building on Main Street, that portion of the public parking lot -- or portion of that lot is public. This is a portion of the driveway. So, they are going to take some of that as part of the right of way and, then, they will rebuild the driveway. Bird: I think, what, half of that lot is public and the other half is -- Nary: The western -- or the eastern half of that lot is a public plot and the western half is attached to the building, so -- Bird: Council, any questions for Mr. Nary? If not, would you read the ordinance by title only. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1730: An ordinance authorizing the conveyance of certain city-owned real property to the Ada County Highway District for right-of-way purposes located near the southeast corner of E. Pine Avenue and N. Main Street; authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents Meridian City Council June 6, 2017 Page 106 of 112 necessary to complete the transaction; providing for a waiver of the reading rules and providing an effective date. Bird: You have heard it by title only. And I -- does anybody want it read in its entirety? Seeing none -- oh, you got to close the public hearing first. Does anybody want to testify on it? Coles: There were no sign-ups on the public hearing sign-in sheet. Bird: I'm sorry, I got ahead of myself. Milam: Mr. President. I move that we close the public hearing on 10-H. Bird: Do I have a second? Cavener: Second. Little Roberts: Second. Bird: All in favor? Any opposed? MOTION CARRIED: ALL AYES. Bird: Now the ordinance. Milam: Mr. President. I move that we approve ordinance number 17 -1730 with suspension of rules. Cavener: Second. Bird: Okay. We got a motion to approve ordinance number 17-1730 and a second. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 11: Department Reports Meridian City Council June 6, 2017 Page 107 of 112 A. Parks & Recreation Department: Hillsdale Park Agreements with the West Ada School District Bird: Okay. Department Reports. Steve, you stayed awake this long? Siddoway: Stayed up for my 45 seconds with you. This item probably could have been on Consent -- Milam: Oh, man. Siddoway: -- but the reason why it's not is because it was on Consent a couple of months ago and we pulled it off of Consent to address a specific issue that Councilman Borton had found and brought to our attention that the agreement had not addressed the maintenance of the parking lot at Hillsdale being clarified as the responsibility of the school district. We did make that clarification. I wanted to come before you and just verify that we did work with Councilman Borton and the school district to get those changes made. School board has approved those changes and sent them back to us for your consideration and approval. There are two agreements that we are asking for your approval for tonight. The first one being documenting the school's right to use the park and the second is the city's right to use the school's parking lot . And with that I will stand for any questions. Bird Any questions for Steve? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, Steve, I think we should probably spend 20 or 30 minutes on this to justify you being here until late. Or would you rather go home? Siddoway: I think I would rather go to sleep. Palmer: So, then, do we just approve it -- approve the agreement in a motion? Is that what this means or -- Bird: I would -- I would think that has to come back as a resolution, don't it? Siddoway: I don't think it's a resolution. Meridian City Council June 6, 2017 Page 108 of 112 Bird: Where is Mr. Nary at? Little Roberts: I think he's in the hall. Siddoway: I believe it's an approval for the Mayor to sign and the Clerk to attest is what I believe is -- Bird: Is this already an agreement that's been drawn up? Siddoway: And signed by the school district. Yes. Bird: Oh. Okay. Well, then, yeah, it's an agreement already. So, that's what we need. Approve the agreement. Siddoway: And there are two separate agreements. Milam: Here it comes. Let's look through it. Palmer: I will let somebody else do it then. Bird: I will take a motion. Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move that we approve both agreements, the one for the -- using -- allowing the school to use the park and a second one allowing us to use the parking lot for parks. Milam: Second. Bird: Okay. We got a motion to approve and a second. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Siddoway: Thank you very much. Meridian City Council June 6, 2017 Page 109 of 112 Item 12: Ordinances A. ORDINANCE NO. 17-1731: AN ORDINANCE (H-2016-0104- PARAMOUNT DIRECTOR) FOR THE RE-ZONE OF A PARCEL OF LAND BEING A PORTION OF THE NE ¼ OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM TN-C (TRADITIONAL NEIGHBORHOOD CENTER) AND C-C (COMMUNITY BUSINESS DISTRICT) TO R-15 (MEDIUM- HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE Bird: Thank you, Steve. Ordinance 17-1731. Would you read that by title only, Clerk. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1731: An ordinance file number H-2016-0104, Paramount Director, for the re-zone of a parcel of land being a portion of the NE ¼ of Section 25, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho; establishing and determining the land use zoning classification from TN-C (Traditional Neighborhood Center) and C-C (Community Business District) to R-15 (Medium-High Density Residential) zoning districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date Bird: Council, you have heard this by title only. Is there anybody that would like it in its entirety? Hearing or seeing none, Mrs. Milam. Milam: Okay. Mr. President, I move that we approve Ordinance No. 17 -1731, with suspension of rules. Cavener: Second. Meridian City Council June 6, 2017 Page 110 of 112 Bird: I have got a motion and to approve this and a second with suspension of rules. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. B. AMENDED ONTO AGENDA: ORDINANCE NO. 17-1732: AN ORDINANCE (H-2016-0027 MAVERIK) FOR ANNEXATION FOR PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT “A” AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. Bird: Mr. Clerk, would you read 17-1732. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1732: an Ordinance, file number H-2016-0027, Maverik, for annexation for part of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to C-C (Community Business District) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, Meridian City Council June 6, 2017 Page 111 of 112 as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Bird: Council and audience, you have heard this by title only. Is there anybody that wants it read in its entirety? Seeing none, Mr. Palmer, would you make a motion. Palmer: Are you sure? Bird: You got to do something. Palmer: Yeah. I haven't done anything tonight. I just got a text from the Mayor accusing me of taking some of her candy. Told her, no, I was leaning back over to put her pen back. Then, Mr. President, I move that we approve Ordinance 17 -1732 with suspension of rules. Is that what -- Bird: Yeah. Palmer: Yeah. That. Milam: Second. Little Roberts: Second. Bird: You heard -- we got a motion and a second on Ordinance No. 17 -1732. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 13: Future Meeting Topics Bird: Any future topics? Seeing none -- Item 14: Executive Session per Idaho Code section 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, or controversies not yet being litigated but imminently likely to be litigated. Meridian City Council June 6, 2017 Page 112 of 112 Bird: Item 14 was vacated. So, I would entertain a motion to adjourn. Little Roberts: So moved. Cavener: Second. Bird: All in favor? Any opposed? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TPS DE WEERD ATTEST: C.JAY 6OLEUCITY CLERK 6 / �o / �l � DATE APPROVED ,SED AUGUST 0 City of w E IDIAN�-- IDAHO SEAL ') Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics -Public Forum (up to 30 Minutes Maximum) 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: April 19, 2016 Item # Project Number: 5 Project Name: Public Forum (30 Minutes Maximum) Pleaseour rint name For Against Neutral Do you wish p Y g to testifv (Y/N) Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Proclamation for Public Works Week MEETING NOTES L,, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS The Office of the Mayor P R O C L A M A T I O N Whereas, the dependable delivery of public works services including; supply and distribution of clean safe water, wastewater collection and treatment, and solid waste management, is critical to the health, safety and quality of life of the residents of our community; and, Whereas, the ability to sustain the quality of these services is dependent on the understanding and support of informed citizens; and Whereas, planning, design, construction and operation of efficient and reliable public works facilities are dependent upon the dedication and skill of public works employees; and, Whereas, the staff and leadership of the Meridian Public Works Department and those of our public works partners, understand the importance of the work they perform and are dedicated to serving this community. Therefore, I, Tammy de Weerd, do hereby proclaim the week of June 3rd through June 9th, 2017, as Meridian Public Works Week in the City of Meridian, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works services and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. Dated this 6th day of June, 2017 _________________________ Tammy de Weerd, Mayor Keith Bird, City Council President Joe Borton, City Council Vice-President Anne Little Roberts, City Council Genesis Milam, City Council Luke Cavener, City Council Ty Palmer, City Council Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 23, 2017 City Council Regular Meeting MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council May 23, 2017 Page 99 of 99 De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1729 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 12-B. Mr. Clerk. 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. Item 13: Future Meeting Topics De Weerd: Item 13. We have a couple of upcoming event. Hands Only CPR class Wednesday -- this Wednesday. I know Councilman Borton is going to be taking our -- one of our CPR -- thank you for doing that. Bird: When it is? De Weerd: It on Wednesday at 1:00 p.m. at the Public Safety Training Center Hands Only CPR. On Wednesday. Take Me Fishing trailer will be a Kleiner Park on Thursday from 4:00 to 8:00. Love to see you take your poles out there. And our senior advisory board is having their fire safety presentation on Saturday, May 27th from 10:00 to noon at the Public Safety Training Center and we have our Memorial Day Celebration Monday, the 29th, at 10:30 the Rock of Honor. Any items under this future meeting topics? If not, I would entertain a motion to adjourn. Bird: So moved. Milam: Second. MOTION CARRIED: ALL AYES. MEETING A JOURNED AT 10:45 P.M. (AUDIO RE991RDIWON ILFQF THESE PROCEEDINGS) A1AVQD TA DATE APPROVED ATTESTi) C. dAY CaES, CITY CLERK O��O�ATCD A VCL ~G 90 yCity of A IUAH4 � V �, SEAL Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Chesterfield Subdivision No. 4 Sanitary Sewer and Water Main Easement MEETING NOTES c✓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 ADA COUNTY RECORDER Christopher D. Rich 2017-051915 BOISE IDAHO Pgs=5 LISA BATT 06/08/2017 12:51 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this (� day of20between �i%J60,Qjt.lhe parties of the first part, and hereinafter called the Grantors, and the City of N1 ridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines fi•om time to time by the Grantee; NOW, TI-IEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after snaking repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement: THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITN SHEREOF, the said parties of the first part have hereunto subscribed their sign,afu-114the,lary and year first herein above written. President gg39 5�e til io��t � B oa Address eAj `)eve10Cr b,+, LhC -Secretary STATE OF IDAHO ) ss County of Ada ) On this ` day of (V) , 201 , before me, the undersigned, a Notary Public in and for said State, personal y appeared T An 4 L4, h. a , known or identified to me to be the President and, cretaW of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. t407.4 m Sanitary Sewer and,'t�eP9t�a4As IDA .. CD -/,// � NOTARY PUBLIC FOR IDAHO Residing at: B 01 ,P. T Commission Expires:% / t R REV. 08/15/16 GO�poRAT�4q �� Gc GRANTEE: CI Y OF MERIDIAN ,l � w P�` rha rR�ASURE�P���-� -Atte y C,(j Coles, City Clerk Approved By City Council On: Z 64 ` STATE OF IDAHO, ) ss. County of Ada ) On this �0+11 day of ��( j�� , 201, before me, the undersigned, a Notary Public in and for said State, personally appeared 4at�e4and C.Jay Coles, known to X131 J C00AI � me to be the-M*y-E -and City Cleric, respectively, of the City of Meridian, Idaho, and who f31 i 0'10W executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) '*A -V- •. r '.,z • • • •••� STA'PE �.•• NOTARYMaL&" OR I AHO Residing at: i Commission Expires:3 A8'.)da2. Sanitary Sewer and Water Main Easement REV. 08/15/16 Legal Description Chesterfield Subdivision No. 4 - City of Meridian Sewer & Water Easement An easement parcel located in the SE Y4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at a brass cap monument marking the northeast corner of said SE %, from which a 5/8 inch rebar marking the northwest corner of said SE % bears N 89°31'47" W a distance of 2655.37 feet; Thence N 89°31'47" W along the northerly boundary of said SE % a distance of 1801.65 feet to a point; Thence leaving said northerly boundary S 9°53'14" E a distance of 791.48 feet to the POINT OF BEGINNING; Thence S 88047'15" E a distance of 30.00 feet to a point; Thence S 1012'45" W a distance of 100.00 feet to a point; Thence N 88047'15" W a distance of 30.00 feet to a point; Thence N 1°12'45" E a distance of 100.00 feet to the POINT OF BEGINNING; This parcel contains 3,000 square feet (0.069 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 30, 2017 Land Surveying and Consulting \QNP� LANDS 1 118 0 A 3b1to-Z'�� / F0F� 5 tiToN W NPS Chesterfield Subdivision No. 4 Job No. 17-13 CHESTERFIELD SUBDIVISION NO. A CITY OF MERIDIAN SEWER AND WATER EASEMENT- EXHII C 1/4 BASIS OF BEARING 2655.37' W. PINE AVE. N 89'31'47" W 1/4 ----------------------- 1801.610aii i r •t n LINE TABLE LINE # LENGTH DIRECTION Lt 30.00' S88'47'15"E L2 100.00' S112'45"W L3 30.00' N88'47'15"W L4 100.00' N1'12'45"E \O�px LA Nis %S T G'A o 11118 0 U) 13o�(-7 s� z n�/��r� O F 0 60 120 240 0/V W. N w'. m L1 cli L3 i a ELa:n Land Surveying and Consulting 231 E. STH ST., STE, A MERIDIAN, ID 83642 1208128&2040 1208128&2557 FaX www, I a n ds 01 u 60n s, blz 0 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: TM Crossing Subdivision No. 1 Water Main Easement No. 1 MEETING NOTES 91 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051911 BOISE IDAHO Pgs=5 LISA BATT 06/08/2017 12:49 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMEN THIS INDENTURE, made this J -Ll' day of May, 2017, between SCS Investments LLC, an Idaho limited liability company and Brighton Investments LLC, an Idaho limited liability company, as tenants in common, and Ten Mile Crossing Inc., an Idaho corporation, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WEEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs, perforining maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures, However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Maui Easement REV. 08/15/16.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: S nvestments LL By Steven C. Smith, Manager STATE OF IDAHO ) . ss. County of Ada ) 4��ZW nigh on Investment LLC By David W. Turnbull, Manag' g Me er Ten Mile Crossing Inc. By David W. Turnbull, President On this day of May, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven C. Smith, known or identified to me to be the Manager of SCS Investments LLC, and David W. Turnbull, known or identified to me to be the Managing Member of Brighton Investments LLC, and the President of Ten Mile Crossing Inc., respectively, and that the limited liability companies and corporation executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. AMANDA HHY (SE L) � OTARY PUBLIC NO GARY PUBLIC F R IDAHO STATE OF IDAH Residing at: Commission Expires: 51120 0 Water Main Easement REV. 08115/16.doe GRANTEE: CITY F MERIDIAN lei P of al G'ounl `L P Attest6y C.J Coles, City Cleric Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) / vGN r � ("P ' Aw S�11 �°4� i1 s On this day of, j Uyle, , 20 1-7 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy dg�and C,Jay Coles, known dei �' Go��ct� tome to be the'�nd City Cleric, respectively, of the City of Meridian, Idaho, and who lmd executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. am -Q M bjq�L NOTARY PUBLIC I A 0 a�� Residing at: Commission Expires: 30 -2049 - Water 0`204a Water Main Easement MV. 08/15/16,doc �Xk 1 b i+ A CITY OF MERIDIAN WATER LINE EASEMENT No.1 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land for the purpose of a City of Meridian Water Line Easement being a Portion of the SW 1/4 of Section 14, Township 3 North., Range 1 West., BM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 1/4 Corner of Section 14, Township 3 North., Range 1 West., BM,, being Monumented with an Aluminum Cap; From which, the Southwest Corner of said Section 14 bears, South 00030'10" West, 2659,45 feet which is being monumented with a Found Aluminum Cap; Thence, South 67°18'10" East, 1116.14 feet to the POINT OF BEGINNING: Thence, South 89011'34" East, 392.40 feet to a point; Thence, South 0004856" West, 5.08 feet to a point; Thence, South 89°11'34" East, 88.58 feet to a point; Thence, North 00°45'30" East, 16.51 feet to a point; Thence, South 89014'30" East, 20.00 feet to a point; Thence, South 00045'30" West, 16.53 feet to a point; Thence, South 89°11'34" East, 215.36 feet to a point; Thence, North 00°45'30" East, 16.51 feet to a point; Thence, South 89014'30" East, 20.00 feet to a point; Thence, South 00°45'30" West, 16.53 feet to a point; Thence, South 89°11'34" East, 245.91 feet to a point; Thence, North 00°45'30" East, 32.69 feet to a point; Thence, South 89014'30" East, 20.04 feet to a point; Thence, South 00048'26" West, 52.71 feet to a point; Thence, North 89011'34" West, 609.86 feet to a point; Thence, South 0004856" West, 356,43 feet to a point; Thence, North 89°11'04" West, 20.00 feet to a point; Thence, North 00°48'56" East, 361.50 feet to a point; Thence, North 89°11'34" West, 372.41 feet to a point; North 00°50'32" East, 20.00 feet to the POINT OF BEGINNING: Said Parcel of Land contains 0.65 Acres (28,593 Sq. Ft.) more or less. Lawrence H. Koerner, PLS 8251 tF tit,srPip Timberline Surveying �1r,°��r,,, 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 4655687 , 16006 TM Water Line Easement Nal Description,doc Page 1 7/06�fb"'� f 5A,tbli- z BASIS OF BEARING i� en 800030'16°UV-2659A6' hy'�Vi C n � a 00 o a W^ Q a l / / 01 z il N00"48'WE . 361.60' pRO�P/0- 001,-4 may' oo -4 6) W N A o oa- T g ci W azz ZI (N (n a�d� n SII I°� b �-ym� � I (wLn o rA (� (m z +� ( a ,Np o ±� I t°Oo I ( a �. cn Q) �~ tJ -� Lrno z C/) M cmX ®M> Z hoz z� il N00"48'WE . 361.60' pRO�P/0- 001,-4 may' oo -4 6) W N A o oa- T g ci W azz ZI (N (n a�d� n SII I°� V a� ( (n A 4H ci W ZI (N (n SII I°� b � I (wLn o rA (� (m z +� ( a ,Np o ±� I t°Oo I ( a �. ow .yi �~ tJ Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: TM Crossing Subdivision No. 1 TM Crossing Subdivision No. 1 Water Main Easement No. 2 MEETING NOTES uy APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051908 BOISE IDAHO Pgs=5 LISA BATT 06/08/2017 12:49 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this /�' day of May, 2017, between SCS Investments LLC, an Idaho limited liability company and Brighton Investments LLC, an Idaho limited liability company, as tenants in common, and Ten Mile Crossing Inc., an Idaho corporation, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures, However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV, 08/15/16.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: nvestments LL By Steven C. Smith, Manager STATE OF IDAHO ) . ss. County of Ada ) nigh on Investment LLC By David W. Turnbull, Manag' g Me er Ten Mile Crossing Inc. By David W. Turnbull, President On this day of May, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven C. Smith, known or identified to me to be the Manager of SCS Investments LLC, and David W. Turnbull, known or identified to me to be the Managing Member of Brighton Investments LLC, and the President of Ten Mile Crossing Inc., respectively, and that the limited liability companies and corporation executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, ND A R: YPI AMANDA .OTARY PUBLICSTATE OF IDAHO NO QA.RY PUBLIC F R IDAO� Residing at: Commission Expires: 15 20 ?,--2--, Water Main Easement REV. 08/15/16.doc GRANTEE: CITY OF MERIDIAN Tflffeii Xtell C),) Attes y C, Coles, City Clerk / / Approved By City Council On: 1lel�l STATE OF IDAHO, ) : ss s�qL "0400�/ County of Ada ) On this lD day of , une— —,20 LI—, before me, the undersigned, a Notary Public in and for said State, personally appeared nd C,Jay Coles, known Cm M, C to me to be the�and City Clerk, respectively, of the City of Meridian, Idaho, and who Pz` executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •••0.0066040••• ti�NE �•. 07 ■ • •ovr��.• Du-�=l.(Ja�L NOTARY PU`��FOR IDAHO jdg-kj Residing at: , Commission Expires: 3'a8'a aP- Water Main Easement REV, 08/15/16,doe CITY OF MERIDIAN WATER LINE EASEMENT No. 2 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land for the purpose of a City of Meridian Water Line Easement being a Portion of the SW 1/4 of Section 14, Township 3 North., Range 1 West,, BM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 1/4 Corner of Section 14, Township 3 North., Range 1 West., BM., being Monumented with an Aluminum Cap; From which, the Southwest Corner of said Section 14 bears, South 00°30'10" West, 2659.45 feet which is being monumented with a Found Aluminum Cap; Thence, South 59°27'03" East, 1620.92 feet to the POINT OF BEGINNING: Thence, South 89°11'04" East, 1074.34 feet to a point; Thence, North 45°48'56" East, 34.39 feet to a point; Thence, South 46°07'51" East, 120.79 feet to a point; Thence, South 89°44'45" East, 65.34 feet to a point on the North-South Center of -Section Line of said Section 14; Thence along said North-South Center of Section Line, South 00°35'28" West, 25.00 feet to a point; Thence leaving said North-South Center of Section Line, North 8904445" West, 76.20 feet to a point; Thence, North 46007'51" West, 106.63 feet to a point; Thence, South 45°48'56" West, 20,58 feet to a point; Thence, North 89°11'04" West, 1084.69 feet to a point; Thence, North 00048'27" East, 25.00 feet to the POINT OF BEGINNING: Said Parcel of Land contains 0.74 Acres (32,274 Sq. Ft) more or less. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 A LA, X 41 16006 TM Water Line E=asement No.2 Description.doo nage 1 7/06116 ().dp(o � N c � it a g Oo C� o ➢ R O BASIS 8F BEARING . �800°30'1 QV - 2&59.45' --,rT.v i !CPO F'ROfi�.sS z I I � D C3 z 00 N w S z CD nm X C7 A p -a r— �I tn�Z (/) II II II z �z M 0 z UD (D m �CITI�7 2 Z . o.. Z ... z N BASIS 8F BEARING . �800°30'1 QV - 2&59.45' --,rT.v i !CPO F'ROfi�.sS z I I � C3 z 00 N w z CD Q �I II II II z m I� I o N Q0 I I :2 fil C3 z z Q Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Whitebark Subdivision No. 2 Sewer Easement MEETING NOTES M APPROVEr Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051966 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/08/2017 02:04 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT I THIS INDENTURE, made this day of S v , 2017, between Dennis H, Wells, an individual, dealing with his sole and separate properly, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that lie will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement which would interfere with the use of said easement, for the purposes stated herein. Sewer Main Easement REV. 08/15/16 T HE GRANTOR hereby covenants and agrees with the Grantee that, should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of, any public street, then, to such extent such right-of-way and easement hereby granted which 11'es within such boundaiy they or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. TIDE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons wbomsoever. IN WITNESS WHEREOF,, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. GRANTOR: Dennis R, Wells 2350 E.Atnk Road,, Meridian, ID 83642 STATE OF IDAHO )ss County of Ada On this . a Notary Public in and for said day of ore me- the undersign.ed 2017, ,before State, personally appeared Dends H. Wells, known or identified to me to be the sole owner that executed the within instrurnent, and acknowledged to ine that he executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year Est above writtem (SEAL) My Commission- T,r 1 ---YK Sewer Main Easeinent REV. 08/15/16 GRANTEE: CITY OF MERIDIAN G�PORArFo \�G q(}GL lC� lil, CSA GNB ��rm��`cic�-Wec��};-Ib4agrn` � m 0 40 T��ASURE`�P�v Attest by C, Jay Coles, City Clerk Approved By City Council On: STATE OF IDAHO ) ) ss County of Ada ) j On this l6 day of 2017, before me, the undersigned, a Notary Public in and J�ei for said State, personally appearedTA-M �1:L and C, JAY COLES, known to me to be the 13; -Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within CuUn,n'C instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. rrrrrrr NOTARY PUBLIC FOR IDAHO (SEAL) /' Residing at: • 1'C7BL1�, , •, My Commission Expires:.3-dR' aba� ••'•I vF 19 i •• *10100"90 Sewer Main Easement REV. 08/15/16 EXHIBIT A April 27, 2017 Description for City of Meridian Sanitary Sewer Easement Weals Property - Section 29, T.3N., RAE., B.M. An easement located in the SW 1/ of Section 29, T, 3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows; Commencing at the southeast comer of the SW 1/4 of said Section 29, from which the southwest corner of said SW % bears North 89°4347" West, 2645.03 feet; thence along the south line of said SW 1/ North 89°4347" West, 327.46 feet to the POINT OF BEGINNING; Thence continuing along said south line North 89°43'47" West, 58.00 feet; Thence leaving said south line North 0096' 13" East, 102.89 feet to a point of curvature; Thence 54.25 feet along the are of a curve to the right, said curve having a radius of 204.00 feet, a delta angle of 15'14'17", and a long chord bearing North 07°53'22" East, 54.10 feet to a point of compound curvature; Thence 58.10 feet along the are of a curve to the right, said curve having a radius of 150.00 feet, a delta angle of 22°11'30", and a long chord bearing North 26'36'15" East, 57.74 feet to a point oftangency; Thence North 37°42'00" East, 192.70 feet to a point of curvature; Thence 90.84 feet along the are of a curve to the left, said curve having a radius of 150.00 feet, a delta angle of 34°42'00", and a tong chord bearing North 20°21'00"East, 89.46 feet to a point of tangency; Thence North 03°00'00" East, 247.73 feet to a point of curvature; Thence 120.98 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 34°39'31", and a long chord bearing North 20°19'46" East, 119,15 feet to a point oftangency; Thence North 37°3931" East, 24.56 feet to a point on the southerly boundary of Messina Meadows Subdivision No, 5, as filed for record in Book 107 of Plats at Pages 14972 through 14974, records of Ada County, Idaho; Thence along said southerly boundary South 51°29'42" East, 50.01 feet; Thence leaving said southerly boundary South 37°39'31" West, 23.82 feet to a point of curvature; Thence 90.74 feet along the arc of a curve to the left, said curve having a radius of 150.00 feet, a delta angle of 34°39'31", and a long chord bearing South 20119'46" West, 89.36 feet to a point of tangency; Thence South 03°00'00" West, 247.73 feet to a point of curvature; Thence 121.13 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 34°42'00", and a long chord bearing South 20°21'00" West, 119.28 feet to a point oftangency; Thence South 37°42'00" West, 157.25 feet to apoint of curvature; Thence 114.32 feet along the arc of a curve to the left, said curve having a radius of 175.00 feet, a delta angle of 37°2547", and a long chord bearing South 18°59'07" West, 112.30 feet to a point oftangency; Thence South 00'16'13" West, 99.65 feet to the `O�A� t a No s POINT OF BEGINNING. Containing 45,195 SF, more or less. 1s TR .GAG 4 11118 A q[Ze SIV W . HP 170129-wel is e as e. docx EXHIBIT B I¢ •J I� fJ') 30' 29 31T32 WELLS PARCEL, o / MES N 37'39'31" Espay / 24.56 %� CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD Cl 54.25 204.00 15'14'17" N 07'53'22" E 54.10 02 58.10 150.00 22'11'30" N 26'36'15" E 57.74 C3 90.84 150.00 34'42'00" N 20'21'00" E 89.46 C4 120.98 200.00 34'39'31" N 20'19'46" E 119.15 05 90.74 150.00 34'39'31" S 20'19'46" W 89,36 C6 121.13 200.00 34'42'00" S 20'21'00" W 119.28 C7 - 114.32 175.00 37'25'47" S 18'59'07" W 112.30 I¢ •J I� fJ') 30' 29 31T32 WELLS PARCEL, o / MES N 37'39'31" Espay / 24.56 %� SANITARY SEM EASEMENT 95,195 SF �% /^� .,`� L LA a�yPNp 5` isTF U a. N1111 � fIr I I� yr OF �5 w O� W . �I Ioi SM O OI I�O� POINT OF BEGINNING z 58..001 327.46', N 89'43'47" W 2645,03' (BASIS OF BEARING) INA MEADOWS SUBD. 7./5 37'39'31" W` E. AMITY RD. 29 1/4 SCALE 1"=100' MERIDIAN CITY SANITARY SEWER DWG.DATE 04/26/17 AND WATER EASEMENT EFINEERING PROJ. No, 170117 WELLS PROPERTY SOLUTIONS SHEET 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 29 1029 N. ROSARIO ST., STE. 100 T.3N., ME., B.M. MERIDIAN, IDAHO 83642 174117-1VElLSEA$E.D1VG bkti ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 w 0 �d I pN ' to . j SANITARY SEM EASEMENT 95,195 SF �% /^� .,`� L LA a�yPNp 5` isTF U a. N1111 � fIr I I� yr OF �5 w O� W . �I Ioi SM O OI I�O� POINT OF BEGINNING z 58..001 327.46', N 89'43'47" W 2645,03' (BASIS OF BEARING) INA MEADOWS SUBD. 7./5 37'39'31" W` E. AMITY RD. 29 1/4 SCALE 1"=100' MERIDIAN CITY SANITARY SEWER DWG.DATE 04/26/17 AND WATER EASEMENT EFINEERING PROJ. No, 170117 WELLS PROPERTY SOLUTIONS SHEET 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 29 1029 N. ROSARIO ST., STE. 100 T.3N., ME., B.M. MERIDIAN, IDAHO 83642 174117-1VElLSEA$E.D1VG bkti ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Bainbridge Subdivision No. 5 Final Order for Bainbridge Subdivision No. 5 (H-2017-0043) by Brighton Investments, LLC Located Approximately 1/2 Mile South of W. Chinden Boulevard and 1/4 Mile West of N. Ten Mile Road MEETING NOTES IRI 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 BAINBRIDGE SUBDIVISION NO. 5 – FP H-2017-0043 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 23, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY SIX (26) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND FOUR (4) COMMON AREA LOTS ON 7.56 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO. 5 BY: BRIGHTON DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0043 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 25, May 2, 16 and 23, 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 “PLAT OF BAINBRIDGE SUBDIVISION NO. 5, LOCATED IN A PORTION OF THE SOUTH ½ OF THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 3/24/2017, by AARON L. BALLARD, PLS, SHEET 1 OF 3,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 5 – FP H-2017-0043 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 May 23, 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 Jon 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 --�U Attest: C.J , Coles City Clerk 2017. Go�QpRATEOgOC G� i fitti.o/' a rn jD S ANS M day of fir, City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �� / (�/ Dated: -7/ A971 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 5 — FP H-2017-0043 Page 3 of 3 EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 1 STAFF REPORT MEETING DATE: May 23, 2017 (Continued from April 25, May 2 and 16, 2017) TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge Subdivision No. 5 – FP (H-2017-0043) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for final plat (FP) approval of 26 single-family residential building lots and 4 common lots on 7.56 acres of land in the R-8 zoning district for the sixth phase of Bainbridge Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 5 final plat 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-2017-0043 as presented in the staff report for the hearing date of May 23, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0043, as presented during the hearing on May 23, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0043 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 approximately ½ mile south of Chinden Blvd. and ¼ mile west of N. Ten Mile Road, in the NE ¼ of Section 27, T. 4N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 2 D. Representative: Michael Wardle, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 26 single-family residential building lots and 4 common lots on 7.56 acres of land in an R-8 zoning district. The minimum property size in this phase is 8,328 square feet (s.f.) with an average size of 9,762 s.f. A total of 0.45 of an acre of open space is proposed with this phase consisting of parkways and landscaped common lots. A micropath is proposed as an amenity. With the final plat for Phase 4, two additional building lots were included on the plat than were shown on the approved preliminary plat; the first three phases contained the same number of building lots. The qualified open space in Phase 3 exceeded that shown on the approved preliminary plat, while that in Phase 4 decreased by 0.41 of an acre; and Phases 1 and 2 were the same. Because the number of building lots increased and the area of qualified open space decreased on previous final plat phases, the applicant was required to submit an updated conceptual plat depicting what’s already been platted and what is planned to be platted in future phases to ensure overall substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C. The applicant submitted an updated conceptual development plan with an open space exhibit for the overall development that depicts a total of 561 building lots and 31+/- acres (or 16.2%) of open space (see Exhibit E). Compared to the approved preliminary plat which depicts a total of 551 building lots and 31.5 acres (or 16.5%) of open space, the updated concept plan exceeds the approved number of building lots by 10 and is short approximately half of an acre (or 0.3%) of open space. The shortage of open space is primarily due to the removal of the 15-foot wide open space/pedestrian corridor along the southern boundary of the site where an irrigation easement exists that Council approved to be placed within building lots rather than a common lot; additional common area has also been added which helped to replace this area. The applicant anticipates the 10 excess building lots will either be deleted through future phases, or be included in a new preliminary plat with another 2.5 acre parcel in the north central area of the development which the applicant is trying to acquire. The shortage of open space can also be addressed at that time, although staff finds it in substantial compliance with that shown on the approved preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011). Because the number of building lots and common area in this phase is the same as shown on the preliminary plat staff finds the proposed plat to be in substantial compliance as required by the UDC. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-05-058, Development Agreement #106141058), rezone (RZ-13-005) and preliminary plat (PP-13-011) applications approved for this site. 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 previous phase final plat (by September 20, 2018), in accord with UDC 11-6B-7. EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 3 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 KM Engineering, stamped on 3/24/17 by Aaron L. Ballard, shall be revised as follows: a. Note #14 includes Lot 10, Block 9 as having an ACHD storm water drainage system but it doesn’t appear that it does; revise accordingly. b. Correct street names to comply with the March 22, 2017 Ada County Street Name Review. 5. The landscape plan prepared by KM Engineering, dated 3/24/17, shall be revised as follows: a. Where an ACHD storm drainage easement exists that would preclude trees from being planted within the parkway, trees should be planted in the front yard of the adjacent building lot; include a note accordingly. 6. All fencing installed on the site must be consistent with the standards listed in UDC 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. 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 accor dance with the UDC. 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 EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 4 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 Devel opment 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. 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 EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 5 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 B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 3/24/17) D. Proposed Landscape Plan (dated: 3/24/17) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 5/15/17) EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 6 Exhibit A – Vicinity Map ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââ R-4 R1 RUT R-15 R-8 L-O RUT R-4R-15 R-4 R-8 R1 C-C R-4 RUT L-O R-8 R-8 L-O R-4 RUT R-4 R-8 L-O C-G C-C R-8 R-8 L-O C-N R-15 R-15 R-15 L-O R-8 R-8 L-O R-2 L-O R-8 N T E N M I L E R D W M C M IL L A N R D W CHINDEN BLVD N L O N G L A K E W A Y W CHINDEN BLVD N G O D D A R D C R E E K W A Y N B L A C K C A T R D W LOS FLORESDR N S A N V I T O W A Y W WOLF RAPIDS ST W WOLF RAPIDS DR N D A L L A S A V E WSTARHOLLOWDR N T H R E E LI N K S L N W BOULDER BAR DR N S I L V E R S P R U C E A V E N E L M S T O N E A V E W AVILLA DR N S E A C L I F F A V E W TANGO CREEK ST W SUNNY COVE ST W LOST RAPIDS D R W EVEREST ST N SE A W I N D A V E W PHILOMENA ST W LOS FLORES ST W VANDERBILT DR W TANGO CREEK DR W WAPOOT ST N J O Y W A Y N T A N G O R A P I D S W A Y N B I G C E D A R A V E N V E R C E L L I W A Y W SELWAY RAPIDS L N N E Y N S F O R D A V E W DAPHNE ST W ROOT CREEK ST W LOS FLORES ST W ANATOLE DR N J A Y K E R W A Y N RUSTIC OAK WAY N PENN C R O S S W A YWSTARHOLLOWDR NTI G N E S A V E WLOSFLORESST W D I T C H C R E E K DR N T R E E F A R M W A Y N A D A L E AV E W LOST R APIDS ST W APGAR CRE E K D R W DITCH CREEK ST W CEDAR GROVE ST W DIVIDE CREEK ST N B L A C K S A N D A V E W GONDOLA DR W ROOT CREEK ST W LADLE RAPIDS ST W CEDAR GROVE ST W VANDERBILT DR W DIVIDE CREEK ST W BAY OAK ST W KELLY CREEK DR W WAPOOT DR W APGAR CREEK LN W EVEREST LN W GRAND TETON DR W G L ADE CREEK DR W G LADE C R E EK ST N F A I R B O R N A V E W RATTLESNAKE DR W CEDAR GROVE ST W WAPOOT S T W RAVENNA ST W DAPHNE ST W RIVA CAPRI ST W SAND WEDGE S T N E X E T E R A V E N L O N I C E R A W A Y W LOS FLORES CT W MILANO ST N S I L V E R M A P L E A V E N L E V I L N N L O N G L A K E W A Y W BAY O A K S T W RAMBLIN CT W DIVIDE CREEK DR W SELWAY RIVER LN W MILANO DR W HUNGRY C R E E K D R W MALTA DR W B ALAT A C T W LARRY LN N T R E E H A V E N W A Y N D O U B L E E A G L E L N N ELISHA AVE N S A L V I A W A Y N J O Y A V E N C A R L E S E A V E N B O L S E N A A V E N A S I S S I W A Y N W H I T E C A P L N N L E V E N H A M A V E N T O S C A N A A V E N S I L V E R E L M W A Y N C O R T O N A W A Y N A R E Z Z O A V E N B L A C K S A N D A V E N L O L O P A S S A V E N L O L O P A S S W A Y NMOONDR U M M E R W A Y N E X E T E R A V E W TURI N C T N S P U R W I N G LN N MA P L E S T O N E A V E N S T A N L E Y CR E E K A V E N J O Y S T N B L A C K S A N D A V E N S P U R W I N G W A Y 4N1W21 4N1W22 4N1W23 4N1W28 4N1W27 4N1W26 4N1W33 4N1W34 4N1W35 Chinden Blvd. EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 7 Exhibit B – Preliminary Plat (dated: 4/30/13) EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 8 Exhibit C – Proposed Final Plat (dated: 3/24/17) EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 9 Exhibit D – Proposed Landscape Plan (dated: 3/24/17) EXHIBIT A Bainbridge Subdivision No. 5 – FP H-2017-0043 10 Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 5/15/17) EXHIBIT B Sonya Allen From: Jon Wardle <jwardle@brig htoncorp.com> Sent: Friday, May 19, 2017 3:21 PM To: Sonya Allen Cc: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill; Mike Wardle; Kameron Nauahi Subject: RE: Bainbridge Sub. 5 - FP H-2017-0043 Attachments: Bainbridge Sub 5 - FP H-2017-0043 Staff Report.pdf Sonya, We are in agreement with the conditions of approval, and ask that it be placed on the consent agenda. Thank you. Jon Wardle Brighton Corporation I www.brightoncorp.com Direct 208.287.0518 1 Cell 208.871.9361 Email jwardle@brightoncorp.com From: Sonya Allen[mailto:sallen@meridiancity.org] Sent: Friday, May 19, 2017 3:04 PM To: Jon Wardle Cc: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject: Bainbridge Sub. 5 - FP H-2017-0043 Importance: High Jon, Please review the attached staff report and let me know if you're in agreement with the conditions of approval. Thanks, Sonya Allen I Associate City Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-55331 Direct: 208-489-05781 Fax: 208-489-0578 (:>lr''E IL Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law, Decision and Order for New Beginnings (H-2017- 0026) by Chris Fuhrman Located 780 E. Ustick 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0026 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.00 Acre of Land with an R-4 Zoning District; and Short Plat Consisting of Two (2) Building Lots on 0.73 of an Acre of Land in an R-4 Zoning District, by Chris Fuhrman. Case No(s). H-2017-0026 For the City Council Hearing Date of: May 23, 2017 (Findings on June 6, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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-2017-0026 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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 and zoning is hereby approved with the requirement of a development agreement; and short plat is hereby approved per the provisions in the Staff Report for the hearing date of May 23, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0026 - 3 - 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. 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 May 23, 2017 By action of the City Council at its regular meeting held on the (Y 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: C.Jtcole City Clerk day of sum , VOTED `leA 119 VOTED VOTED VOTED A VOTED /`-'`� VOTED Y4t VOTED l3l�j �rlliL Ptr�-,GE� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: / 7 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0026 - 4 - EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 1 STAFF REPORT Hearing Date: May 23, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: New Beginnings – AZ, SHP (H-2017-0026) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Chris Fuhrman, has submitted an application for annexation and zoning (AZ) of 1.00 acre of land with an R-4 zoning district; and a short plat (SHP) consisting of 2 building lots on 0.73 of an acre of land in a proposed R-4 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and SHP application with the requirement of a development agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 20, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Pat Tealey, Applicant’s Representative ii. In opposition: None iii. Commenting: Jim Brocket; Carol Evans, Justin Laurendeau; Michael Morrison; Matt Gerosin; Jane Amy; Paul Spirk iv. Written testimony: Chris Fuhrman, Applicant (in agreement with staff report); Richard and Alane Holloran; Jan Brocket; Laurie Bower v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern/objection regarding the use of future dwellings on the proposed lots – public testimony was against housing for abused women and children (although the applicant did not proposed this type of use). ii. Concern that the City might force-annex adjacent lots if this property is annexed. c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 2 The Meridian City Council heard these items on May 23, 2017. At the public hearing, the Council approved the subject AZ and SHP requests. a. Summary of City Council Public Hearing: vii. In favor: Pat Tealey, Applicant’s Representative viii. In opposition: None ix. Commenting: Matt Garrison; John Villanueva x. Written testimony: Chris Fuhrman, Applicant (in agreement with staff report) xi. Staff presenting application: Sonya Allen, Bruce Chatterton xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern and confusion regarding the type of housing proposed for this development and that the applicant didn’t talk to them directly to clarify the issue. c. Key Issues of Discussion by Council: ii. None di. Key Council Changes to Staff/Commission Recommendation ii. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0026, as presented in the staff report for the hearing date of May 23, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0026, as presented during the hearing on May 23, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0026 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 780 E. Ustick Road, in the SW ¼ of Section 31, Township 4 North, Range 1 East (Parcel No.: S0531347001) B. Owners: Chris Fuhrman 1737 E. Summerfalls Drive Meridian, ID 83646 C. Applicant: Same as owner D. Representative: Donna Ahmed, Tealey’s Land Surveying 12594 W. Explorer Drive, Suite 150 Boise, ID 83713 EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 3 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and a short plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation & zoning request and only before the City Council on the short plat request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 7, 2017 (Commission); May 5, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: March 23, 2017 (Commission); April 25, 2017 (City Council) D. Applicant posted notice on site(s) on: April 7, 2017 (Commission); May 10, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned R1 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential properties in Weaver Acres Subdivision, zoned R1 in Ada County 2. East: Rural residential properties, zoned R1 in Ada County 3. South: E. Ustick Road and single-family residential properties in Bedford Place Subdivision, zoned R-8 4. West: N. Curt Drive and single-family residential properties in Hollybrook Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A new sewer main intended to provide service to the subject property is currently under construction as part of a joint ACHD/City of Meridian capital project. New service locations have been coordinated into the construction plan. 2. Location of water: A water main intended to provide service to the subject property currently exists in E Ustick Road. New service locations have been coordinated into the construction plans for the joint ACHD/City of Meridian capital project. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low Density Residential). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 4 The applicant proposes to develop the site with 2 residential units which will result in a gross density of 2.74 dwelling units per acre and a net density of 3.36 dwelling units per acre consistent with the LDR FLUM designation. Policies: 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) The proposed low density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide street buffer with landscaping is required along E. Ustick Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential use should be compatible with existing residential uses that abut the site.  “Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access for this site should be provided via N. Curt Drive; access via E. Ustick Road, an arterial street, is prohibited.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 5-foot wide detached sidewalk is required to be constructed on this site along E. Ustick Road, which will provide a safe route to community gathering places and Settler’s Park to the west.  “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) The proposed development is contiguous to the City. City sewer and water service is available and will be extended by the applicant upon annexation of the property in accord with UDC 11-3A-21.Utility stubs are being provided to the property with the widening of Ustick Road. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are listed as a permitted use in the R-4 zoning district. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 5 C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning: The applicant has applied for annexation and zoning of 1.00 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR and the policies in the Comprehensive Plan as noted. 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 pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation included in this report in Exhibit B, staff recommends a DA. The applicant has submitted a conceptual development plan, included in Exhibit A.2, showing how the site is proposed to develop with 2 residential building lots for 2 single-family homes, a common driveway for access to the homes and landscaping. 2. Short Plat The applicant has submitted a short plat application consisting of 2 building lots on 0.73 of an acre of land in a proposed R-4 zoning district (see Exhibit A.3). Note: ACHD is currently in the process of widening E. Ustick Road to 5 lanes with curb, gutter, bike lanes, and detached sidewalk between Linder and Locust Grove Roads. Concept Plan: A conceptual development plan was submitted that depicts the building envelope and setbacks, orientation of the lots and structures, and the common driveway as required by UDC 11-6C-3D.7. Both lots meet the setback requirements of the R-4 district. Existing Structures: There are no existing structures on this site. Dimensional Standards: Future development on the site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. Lot 1, Block 1 is 10,961 square feet in size and the Lot 2, Block 1 is 17,556 square feet which exceeds the minimum lot size of 8,000 square feet in the R-4 zone. Further, the proposed lots meet the minimum street frontage requirements. In the R-4 district, the minimum single story home size is 1,400 square feet and two story homes must be 800 square feet per story. On the submitted concept plan, the applicant has identified the square footages of the homes that are proposed to be constructed within this development. Lot 1, Block 1 is proposed to develop with a 2,600 square foot home and Lot 2, Block 1 is proposed to develop with a 2,800 square foot home consistent with the aforementioned standards. Staff finds the proposed short plat complies with the dimensional standards of the R-4 district. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 6 Access: Access is proposed for both lots via N. Curt Drive. A 30-foot wide cross-access easement is proposed for Lot 1 across the flag portion of Lot 2. Direct lot access via E. Ustick Road is prohibited as set forth in UDC 11-3A-3; include a note on the plat accordingly. Common Driveway: Common driveways are required to be constructed in accord with the standards listed in UDC 11-6C-3D. The applicant states the driveway will be 20-feet wide, 115- feet long, and have a paved surface capable of supporting fire vehicles and equipment in accord with these standards. Further, UDC 11-6C-3D.5 requires a 5-foot wide landscape buffer along the north boundary of the common driveway, if solid fencing is proposed. Parking: The UDC (Table 11-3C-6) requires a minimum of 4 parking spaces per unit for 2, 3 and 4 bedroom units; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad. A 2-car garage is proposed for each unit along with a 20’ x 20’ parking pad in accord with this requirement. Waterways: There are no waterways that cross this site. Utilities: The UDC (11-3A-21) requires all development to connect to the City water and sewer system unless otherwise approved by the City Engineer. Water and sewer are currently provided to each proposed property. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): The UDC (11-3A-15) requires an underground PI system to be provided for this development in accord with UDC 11-3A-15. The applicant states that PI is proposed for the landscape buffers and each property. Irrigation is proposed to be provided by the owner at a point of connection near the southeast corner of the property as directed by and coordinated with NMID and maintained by the HOA. Landscaping: A minimum 25-foot wide street buffer is required along E. Ustick Road, an arterial street, landscaped in accord with the standards listed in UDC 11-3B-7C. The street buffer is required to be on a common lot maintained by a homeowner’s association per UDC 11-3B- 7C.2a, unless otherwise approved through Alternative Compliance (see UDC 11-5B-5 for more information). Also, landscaping within the buffer needs to extend to the back edge of sidewalk (there appears to be a strip of landscaping missing between the back of sidewalk and the property line). If ACHD does not install vegetative groundcover between the curb and sidewalk along Ustick Road, the applicant will be responsible for installing such as set forth in UDC 11-3B-7C. Sidewalk: A minimum 5-foot wide detached sidewalk is required along E. Ustick Road, an arterial street; and a minimum 5-foot wide attached sidewalk is required along N. Curt Drive, a local street, as set forth in UDC 11-3A-17. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7C. A 6-foot tall wood privacy fence is proposed at the back edge of the street buffer along E. Ustick Road and along the west boundary adjacent to Curt Drive outside of the site triangle. A 3-foot tall wood privacy fence is proposed along the portion of the west boundary that lies within the required front yard. On corner lots, fencing is required to be set back a minimum of 10 feet from the street side property line; the fencing plan should be revised accordingly. Building Elevations: A conceptual building elevation was submitted that represents the future homes in this development, included in Exhibit A.5. Building materials consist of stucco and lap siding with brick columns and architectural asphalt shingles. Staff is supportive of the single story construction however, if two story homes are proposed for construction, staff EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 7 recommends that the applicant obtain Planning Division approval of the elevations prior to the issuance of a building permit. In summary, Staff recommends approval of the proposed annexation and zoning request for this site with a development agreement containing the provisions listed in Exhibit B of this report and short plat in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Development Plan/Lot Layout Exhibit 3. Short Plat (dated: 2/20/2017) 4. Landscape Plan/Exhibit Map for Lot Layout (dated: 2/20/2017) 5. Conceptual Building Elevation B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 7 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 8 2. Conceptual Development Plan/Lot Layout Exhibit EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 9 3. Short Plat (dated: 2/20/2017) EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 10 4. Landscape Plan (dated: 2/20/2017) EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 11 5. Conceptual Building Elevation EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 12 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS 1. PLANNING DEPARTMENT 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Access shall be provided via N. Curt Drive; direct access via E. Ustick Road is prohibited in accord with UDC 11-3A-3. b. Development of this site shall substantially comply with the conceptual development plan included in Exhibit A.2, the short plat included in Exhibit A.3, and the conditions of approval contained in the staff report. Building lots on this site are limited to two (2). c. The applicant shall comply with the submitted home elevation (single-story homes are exempt from this requirement) attached in Exhibit A.5. If two- story homes are proposed for construction, the rear and/or side of homes that face E. Ustick Road shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. 1.2 Site Specific Conditions of Approval – Short Plat 1.2.1 Applicant shall meet all terms of the development agreement for this subdivision. 1.2.2 The final plat prepared by Tealey’s Land Surveying, stamped on 02/20/2017 by Pat Tealey, shall be revised as follows: a. Note #8: Include the recorded instrument number for the CC&R’s. b. Include a note stating direct lot access via E. Ustick Road is prohibited as set forth i n UDC 11-3A-3. c. The 25-foot wide street buffer is required to be in a common lot owned and maintained by the homeowner’s association as set forth in UDC 11-3B-7C.2a. d. Include the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity. 1.2.3 The landscape plan prepared by Stark Landscape, dated 2/20/17, shall be revised as follows: a. Dimensions shall be called out on the plan and/or the plan shall be scalable. b. Landscaping within the street buffer along E. Ustick Road needs to extend to the back of sidewalk. c. If ACHD does not install vegetative groundcover between the curb and sidewalk along Ustick Road, the applicant is responsible to install such in accord with UDC 11-3B-7C. d. The 6-foot tall fence along the west side of Lot 1 is required to be set back a minimum of 10 feet from the street side property line per UDC 11-3A-7C.3; revise accordingly. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 13 e. Per UDC 11-6C-3D.5, the applicant shall install, at a minimum, a 5-foot wide landscape buffer along the north boundary of the common drive, if solid fencing is proposed. 1.2.4 The common driveway shall be constructed in accord with the standards listed in UDC 11-6C-3D including but not limited to the following: a. The driveway shall be paved with a surface capable of supporting fire vehicles and equipment. b. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2.5 All fencing is required to comply with the standards listed in UDC 11-3A-7C. 1.2.6 If the City Engineer’s signature has not been obtained on the short plat within two (2) years of the City Council’s approval thereof, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 1.2.7 Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.2.8 Applicant shall be responsible for the extension of sanitary sewer and/or water services to each lot, and abandon any existing services that do not fall within design guidelines. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.3 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.4 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. 1.4 General Requirements 1.4.1 The applicant shall provide easement(s) for any 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. 1.4.2 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 avai lable, a single-point EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 14 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. 1.4.3 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. 1.4.4 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. 1.4.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 1.4.6 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. 1.4.7 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. 1.4.8 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. 1.4.9 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. 1.4.10 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. 1.4.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 1.4.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 1.4.13 All grading of the site shall be performed in conformance with MCC 11-1-4B. 1.4.14 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. 1.4.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or 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. 1.4.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards for any public mains required for this project. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 15 1.4.17 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. 1.4.18 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. 1.4.19 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 3.1 The Fire Department had no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct an attached 5-foot wide sidewalk along Curt Drive abutting the site. Coordinate the design with District Development Services staff. 7.1.2 Construct a 20-foot wide shared common driveway within a 30-foot wide easement along the north property line onto Curt Drive, located 160-feet north of Ustick Road. 7.1.3 Pave the driveway its full width and at least 30-feet into the site beyond the edge of Curt Drive. 7.1.4 No access is allowed onto Ustick Road from the site with this application and shall be noted on the final plat. 7.1.5 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 16 7.1.6 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.7 Comply with the Standard Conditions of Approval as noted below. 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, 7203.6, 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 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 EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 17 unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 18 C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 19 EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 20 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 1.00 acre of land property with an R-4 zoning district consistent with the LDR FLUM designation for this property. The City Council finds that the proposed map amendment and residential use complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Short Plat Findings: In consideration of a short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as LDR. The proposed zoning is R-4. The City Council finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the R-4 zoning district. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are adequate to serve the site. EXHIBIT A New Beginnings – AZ, SHP H-2017-0026 PAGE 21 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; The City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. d. There is public financial capability of supporting services for the proposed development; The City Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. e. The development will not be detrimental to the public health, safety or general welfare; and The City Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, the City Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. The City Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. f. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7H PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law, Decision and Order for Rockbury Subdivision (H- 2017-0018) by Rock Harbor Church, Inc. Located 6437 N. Tree Haven Way 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to rezone 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) to R-15 (6.71 acres) and C-N (18.35 acres); the applicant is requesting all of the subject property (approximately 25.06 acres) be excluded from the approved development agreements, so a new DA can be approved to govern development of the property; a proposed preliminary plat consisting of one (1) residential lot, 2 common lots and one (1) commercial lot on 23.56 acres of land in the R-15 and C-N zoning districts; and a variance to allow direct vehicular access to Chinden Blvd., by Rock Harbor Church. Case No(s). H-2017-0018 For the City Council Hearing Date of: May 23, 2017 (Findings on June 6, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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 and zoning is hereby approved with the requirement of a development agreement; and short plat is hereby approved per the provisions in the Staff Report for the hearing date of May 23, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 3 - 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. 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 May 23, 2017 By action of the City Council at its regular meeting held on the 611 day of ulve 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED Y6 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 76� COUNCIL MEMBER TY PALMER VOTED /& COUNCIL MEMBER LUKE CAVENER VOTED `4� COUNCIL MEMBER GENESIS MILAM VOTED V4 MAYOR TAMMY de WEERD (TIE BREAKER) z s� fir Attest: n Cay Co ON Clerk VOTED `-- Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. % ez �Z/— 2Y7 By: � Dated: (• City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 4 - Rockbury – H-2017-0018 PAGE 1 STAFF REPORT Hearing Date: May 23, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rockbury Subdivision - H-2017-0018 RZ, PP, MDA, VAR 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Rock Harbor Church, Inc., has requested approval for the following applications: 1) Rezone (RZ) of 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) zoning districts to the R-15 (6.71 acres) and C-N (18.35 acres) zoning district; 2) Preliminary plat (PP) approval for 2 common lots, 1 commercial lot, and 1 multi-family lot on 23.56 acres of land in the proposed R-15 and C-N zoning districts; 3) Development agreement modification (MDA) to amend the recorded development to exclude the subject property and create a new development agreement for the purpose of attaching a new concept plan and new provisions relevant to the proposed development and; 4) Variance request to allow a right-in/right-out only shared access to Chinden Boulevard. For all pertinent information and further analysis see section 9 below. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications, except for the variance request, subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 20, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Scott Wonders, Scott Harrop ii. In opposition: Robert Neufeldt iii. Commenting: Robert Ebert, Tom Mcneill, Jamie Koozie, Robert Neufeldt, Denise LeFevre, iv. Written testimony: Robert Ebert v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Traffic through the area, especially on Tree Farm Way has been increasing recently ii. Concerns about the amount of traffic through the area, and for pedestrian safety. iii. Discussion about how the addition of berms on the property would greatly reduce noise; c. Key Issues of Discussion by Commission: i. Discussion about berms and what is required by the city vs. required by ITD. ii. The potential for alternative compliance to reduce or remove the berms from along Chinden. Rockbury – H-2017-0018 PAGE 2 d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read as follows: “The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H.” ii. Modify condition 1.2.1B as follows: “The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H.” iii. Add condition 1.2.4 to read as follows: “Prior to the City Council hearing, the applicant shall provide a horizontal elevated landscape plan.” iv. Modify condition 1.1.1D to read as follows: “The existing tenants and businesses shall vacate the premises by December 31, 2017.” v. Modify condition 1.2.2 to read as follows: “Construct a 35-foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right- of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license agreement for the landscape improvements within the ROW. vi. Add condition 1.1.1F to read as follows: “The applicant shall either install the berms along Chinden Blvd. as required by the UDC, or apply and receive approval for alternative compliance.” e. Outstanding Issue(s) for City Council: i. Variance request for direct access to Chinden Blvd. The Meridian City Council heard these items on May 23, 2017. At the public hearing, the Council approved the subject RZ, PP, MDA, and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders, Marsha Dennis, Dirk Benatri, Denise LeFevre ii. In opposition: None iii. Commenting: Dirk Benatri, Tom McNeill, Denise LeFevre, iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman, Bill Nary, Mark Niemeyer b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation ii. None 3. PROPOSED MOTION Approval/Partial Denial After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of the rezone, preliminary plat and development agreement modification and denial of the variance associated with File Number H-2017-0018, as presented in staff report for the hearing date of April 20, 2017 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0018 as presented in staff report for the hearing date of April 20, Rockbury – H-2017-0018 PAGE 3 2017 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number H-2017-0018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location The subject property is located at 6437 N. Tree Haven Way, in the SW ¼ of Section 22, Township 4N., Range 1W. B. Applicant/Owner: Rock Harbor Church, Inc. Spurwing Greens Master Association 1608 N. Meridian Rd, Suite 125 2180 W. SR 434, Suite 5000 Meridian, ID 83642 Longwood, FL 32779 C. Representative: Scott Wonders, JUB Engineers 250 S. Beechwood Ave, #201 Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. 5. PROCESS FACTS A. The subject applications are for rezone, preliminary plat, variance and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 17, 2017 (Commission); May 5, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 25, 2017 (Council) D. Applicant posted notice on site by: April 10, 2017 (Commission); May 12, 2017 (Council) 6. LAND USE A. Existing Land Use(s): A majority of the property is vacant; zoned R-15 and C-N. There are two (2) existing buildings developed on the C-N portion of the site that are operating with commercial businesses without the approval of the City. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential homes in the Spurwing Green Subdivision, zoned R-8 and R-15 South: W. Chinden Blvd rural residential home and vacant residential and office property, zoned RUT in Ada County, R-8, and L-O East: Single-family residential homes in the Spurwing Green Subdivision, zoned R-8 West: Jayker Nursery, zoned R-15 and C-C C. History of Previous Actions: In 2006, the property received annexation (AZ-06-004) and conceptual approval to develop a Rockbury – H-2017-0018 PAGE 4 mixed use community consisting of single family residential, townhomes, multi-family and neighborhood commercial known as the Tree Farm. A development agreement (DA) was required with the annexation of the property (Instrument #106151218) and several addendums to the original DA (Instrument # 107002555 and 107141993) have been approved that govern the property. In 2015, a different project was proposed for the site that consisted of a rezone of 26.09 acres of land from the R-15 and C-N zoning districts to the R-15 (8.48 acres) and C-C (17.61 acres) zoning districts; a preliminary plat (PP) consisting of 1 residential lot, 3 commercial lots and 3 common lots; a conditional use permit (CUP) to construct and operate a self-service storage facility; a development agreement modification (MDA); and alternative compliance (ALT) to deviate from the landscape buffer requirements adjacent to streets set forth in UDC 11-3B-7C and the parking standards for the proposed self-service storage facility set forth in UDC 11-3C-6B. D. Utilities: 1. Public Works: a. Location of water: Provider is Suez Water. b. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in N Tree Haven Way. c. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Simpson Lateral has been tiled to make way for the proposed development. The tiled irrigation facility is contained within a 40-foot wide easement that transverses through the proposed development. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated “Medium Density Residential” and “Mixed-use Community,” on the future land use map. A majority of the site is designated MDR. The anticipated density for the medium density designation is between three and eight dwellings per acre. The mixed-use community designation also encourages residential uses and specifies densities between 6 and 15 units to the acre. The UDC does not specify properties to develop at a minimum density. The MU-C designation (although a smaller portion of the property) envisions at least three (3) different land uses. This mixed use designation encourages compatibility and connectivity between all of the uses. Similar design characteristics are encouraged so new development blends in with the character and appearance of the surrounding developments. Further, the mixed use standards encourage a transitional use between the commercial and existing residential uses. Featured elements of a mixed use development should include the following:  Residential densities at a minimum of 6 dwelling units to the acre;  Where feasible higher density along state facilities is desired to serve employment centers;  A conceptual site plan;  Provide community serving facilities;  Provide some form of common, usable area, such as a plaza or green space; Rockbury – H-2017-0018 PAGE 5  Landscape buffering between commercial and existing low or medium density residential;  Three different types of land uses and;  Be accessible to neighborhoods by both vehicles and pedestrians. At the time of annexation approval, the approved concept plan envisioned a mix of residential and neighborhood commercial uses for this property (see Exhibit A.2). The applicant is now requesting to rezone a small portion of the property from R-15 to C-N and another piece from C-N to R-15, which is consistent with both land use designation. A concurrent preliminary plat includes 1 multi-family lot, 2 common lots and 1 commercial lot on approximately 23.59 acres. At this time, the R-15 portion of the development is not proposed to develop. Future density for this lot will be determined at the time of lot development however, the Planning Division will determine an appropriate density based on the capability with adjacent land uses and the aforementioned density range of the designated land use designation. The C-N portion of the site is proposed to develop with 73,000 square foot church and associated site improvements. As noted above the proposed use of the property is desired in the MU-C designated areas. Although three (3) specific land uses are not proposed with this development, the site is proposed to develop with common open space to promote social gatherings, will be accessible to the adjacent residential community via pedestrian connections and my develop with ancillary uses (e.g. daycare, private education institution) to serve the community. Further, there are other vacant commercially zoned properties in the vicinity that can also develop with a mix of commercial uses to support the surrounding develops. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): 1. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer is readily available to serve the proposed development in accord with UDC 11- 3A-21. Suez Water provides water service to the development. 2. “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 10-foot wide multi-use pathway is required along Chinden Boulevard. Further, additional walkways are depicted on the conceptual development plan that provides interconnectivity between the proposed development, future R-15 property when it develops and the adjacent residential subdivision. 3. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is increasing the C-N zoning boundary to construct a church. The R-15 zoned property will develop at a later date. The proposed church is separated from the adjacent residential uses with public streets and should operate with limited hours to minimize conflict with the abutting residents. Further, the applicant is proposing to construct a 60-foot wide landscape buffer along the east boundary. Where the C-N portion of the site abuts the R-15 zoned property, the applicant is proposing to construct a 25-foot wide landscape buffer the southern boundary of the R-15 portion of the site. On the west boundary the applicant is proposing to construct a shared driveway with the adjacent property owner. If the variance request isn’t approved the applicant will be responsible for constructing 20-foot wide landscape buffer along this boundary. Rockbury – H-2017-0018 PAGE 6 4. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” (3.03.02N) The applicant has applied for a variance to obtain a right-in/right-out access to Chinden Boulevard. For development proposed along Chinden Boulevard (HWY 20/26), the UDC requires access at the mid-mile and the section line road and requires the construction of a backage road. With the development of the adjacent subdivision the road network was constructed in accord with the UDC. Further, N. Tree Farm Way is under construction along the north boundary of the R-15 zoned property that meets the requirements of a backage road. Therefore, staff cannot support the variance request for the access to Chinden Boulevard. Acceptance of the right-in/right-out access is predicated on Council and ITD approval. 5. “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 200 feet. The submitted plat does not depict any future ROW for the expansion of the roadway. Staff recommends the applicant depict the 50-feet of additional (100-feet total from centerline) ROW with the submittal of a final plat application. 6. “Require landscape street buffers for new development along all entryway corridors. (2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. The applicant is proposing to install a 45-foot landscape buffer. 7. “Require all commercial and industrial businesses to install and maintain landscaping. (2.01.03B) The applicant is required to install landscaping meeting the requirements of UDC 11-3B and must maintain the landscaping. 8. “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.). (3.05.02A) The church is proposed to be located within the C-N zoning district and has proposed landscaping and berms adjacent to existing residential areas in order to create a site design compatible with the future and existing residential uses. 9. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) This site currently takes access via N. Tree Haven Way, a local street and the applicant is proposing several accesses to N. Tree Farm Way, a collector street. Further, the applicant has submitted a variance for a right-in/right-out access to Chinden Boulevard. The UDC (11-3A-3 and 11-3H-4) restricts access to collector streets when access is available via a local street or other lesser street classification. Access to N. Tree Farm Way is predicated on Council approval of the access points and the Chinden Boulevard access is requires approval from both ITD and Council. To support the applicant’s variance request, the Spurwing Greens HOA and the Developer of the subdivision have submitted written testimony in support of the Chinden access. If approved, the applicant will have to coordinate with the adjacent property owner to the west on the specified location of the driveway. Currently, the applicant is proposing that the Chinden access be constructed along the Rockbury – H-2017-0018 PAGE 7 shared property line. The applicant did submit a letter from the adjacent property owner in support of the access point and location. 10. “Maintain integrity of neighborhoods to preserve values and ambiance of areas (3.05.02). If the applicant complies with the design guidelines outlined in the Architectural Standards Manual, UDC design standards and specific use standards, Staff is of the opinion the proposed use should maintain the integrity of the neighborhood. 11. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on Chinden Boulevard and the applicant is proposing to construct internal walkways which will provide safe routes to community gathering places. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2B-2 lists church or place of religious worship as a permitted use in the proposed C-N zoning district. Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted, accessory, conditional, and prohibited uses in the proposed R-15 zoning district. b. Purpose Statement of Zone: R-15: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements for the R-15 zoning designation established in the UDC. No dimensional modifications are being requested for the proposed development. Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-N zoning district. d. Landscaping: 1. UDC Table11-2B-3 and UDC 11-3B-7C addresses landscaping requirements along streets for properties in the C-N and R-15 zoning districts. 2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 3. Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-2B-3 and UDC 11-3B-9C. Rockbury – H-2017-0018 PAGE 8 4. The proposed 10-foot pathway adjacent to Chinden Boulevard shall comply with the design standards in accord with UDC 11-3A-8. e. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for future residential development and UDC 11-3C-6B for the proposed commercial development. f. Structure and Site Design Standards: Development of the C-N zoned portion of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines Architectural Design Manual. g. Development along Federal and State Highways: The proposed development must comply with the standards set forth in UDC 11-3H-4. The applicant has submitted a variance application to construct a right-in/right-out access to Chinden Boulevard. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant has submitted several applications for the City’s consideration to develop the property with a church and future residential subdivision. Staff has provided analysis for each individual application submitted. Rezone (RZ): The applicant is requesting to rezone 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) to R-15 (6.71 acres) and C-N (18.35 acres). The requested zoning is consistent with the MU-C and the MDR land use designations. The property currently contains both zoning designations which were approved with the Tree Farm (AZ-06-004 and AZ-06-050) annexation. Now that a new development plan is proposed, the approved R-15 and C-N designations do not coincide with the proposed preliminary plat, thus the reason for the rezone. Development Agreement Modification (MDA): As mentioned above, this property is governed by three (3) development agreements. At the time of annexation approval, the approved concept plan envisioned a mix of residential and neighborhood commercial uses for this property (see Exhibit A.2). Now that specific development plans are proposed, the applicant is requesting all of the subject property (approximately 25.06 acres) be excluded from the approved development agreements, so a new DA can be approved to govern development of the property. The applicant has submitted a new concept plan for Lot 2, Block 1. The submitted plan depicts a 73,000 square foot church and associated site improvements to be developed in multiple phases (see Exhibit A.4). In general staff is supportive of the submitted concept plan however, UDC 11- 3A-19A.2. limits the amount of parking (50%) that is to be located between the building facades and the abutting streets. If the applicant desires to keep the design as proposed, the applicant may request alternative compliance (ALT) concurrent with the certificate of zoning compliance (CZC) application. NOTE: The applicant has incorporated several design features (wider buffer, berms, plazas etc.) to mitigate the location of the parking area. Official approval of these design concepts will be reviewed with a future ALT application. To ensure the C-N portion of the site develops as proposed, staff recommends limiting Lot 2, Block 1 to the church use. At this time, the R-15 portion of the site (Lot 3, Block 1) is not proposed to develop. In keeping with the integrity of the approved concept plan, the R-15 portion of the site was to develop with village housing (apartments, condominiums and townhomes). To ensure housing diversity within the development, Staff recommends the R-15 portion of the development be restricted to the aforementioned residential uses as previously approved. Staff’s recommended DA provisions are in Exhibit B. Existing Structures: With a previous application for this site, the City was made aware of that the existing buildings on the site are occupied by multiple tenants without the approval from the City. The City requires that any business operating within the City limits must obtain a certificate of occupancy from the Building Division. Further, the existing buildings Rockbury – H-2017-0018 PAGE 9 on future Lot 2, Block 1 are not connected to City sewer or water service; buildings must connect to City services within 60 days of development approval. Per the UDC, site development and establishing a commercial use requires approval from the Planning Division. To further complicate the matter, there are two (2) mobile service businesses currently operating on the site. This type of use requires a procurement of conditional use permit prior to operating in the proposed C-N zoning district. In order for the site to come into compliance with the UDC staff recommends the following: 1) The applicant shall obtain approval of a CZC and DES application to install the site improvements (paved parking, landscaping, etc.) for the existing commercial businesses on Lot 2, Block 1 within 90 days of the approval of the Findings by City Council; 2) The applicant must connect the existing buildings to the public water and sewer system within the timeframe noted in item #1 above; 3) The applicant must submit CUP application for the mobile service uses or cease operation; and 4) All current tenants must obtain final certificate of occupancy permits from the City within 90 days of the approval of the Findings by City Council. At the public hearing, the applicant should clarify for the Commission the intended use of the existing structures. Preliminary Plat (PP) application: The applicant is proposing to plat one (1) residential lot, 2 common lots and one (1) commercial lot on 23.56 acres of land in the R-15 and C-N zoning districts. The proposed C-N (Lot 2, Block 1) lot will consist of the proposed church and associated site improvements. The residential lot (Lot 3, Block 1) is being platted as a single 5.83 acre parcel and may be further subdivided in the future. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-7 and UDC 11-2B-3 for the R-15 and C-N zoning districts. The C-N zone is not required to meet a minimum lot size. Per UDC Table 11-2B-3, a 35-foot wide landscape buffer is required adjacent to Chinden Boulevard, a 20-foot wide landscape buffer is required along N. Tree Farm Way and a 10-foot wide landscape buffer is required adjacent to N. Tree Haven Way and a 20-foot wide landscape buffer is required along the north and west boundary of the C-N zoned property. The submitted plat does not depict the require 10-foot wide landscape buffer along N. tree Haven Way or the 20-foot wide landscape buffer adjacent N. tree Farm Way in accord with UDC 11-3B-7C2.b. With the final plat submittal the applicant shall depict the required buffer widths on the plat. The future development of the residential lot (Lot 3, Block 1) must comply with the dimensional standards set forth in UDC Table 11-2A-7. The R-15 zone requires a minimum lot size of 2,000 square feet with no street frontage requirement. Compliance with the R-15 dimensional standards will be addressed with a future preliminary plat application, if further platting is desired. However, the applicant is required to install a 20-foot wide landscape buffer adjacent to the collector road (N. Tree Farm Way) with the subject plat in accord with the UDC Table 11- 2A-7. This landscape buffer must be on a common lot, maintained by a homeowners’ association. Open Space and Amenities: Future development of Lot 3, Block 1 will have to comply with the requirements for qualified open space and the site amenity standards set forth in UDC 11-3G-3. Rockbury – H-2017-0018 PAGE 10 Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. As mentioned earlier, the Simpson Lateral has been tiled on the site and is contained within a 40-foot wide irrigation easement. Both he submitted concept plan and preliminary plat depict this easement. The site design as proposed depicts no structures encroaching within the easement; only associated site improvements (landscaping and parking). Further, to ensure the required trees can still be provided along the north boundary of the C-N property, the applicant is proposing to install an additional 5-foot buffer. The applicant will responsible for entering into a license agreement with the irrigation district prior to commencing with construction on the site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Sidewalk: A portion of the internal street network and 5-foot wide detached sidewalks were constructed with previous development. A 5-foot detached sidewalk is proposed along the new segment N. Tree Farm Way in accord with UDC 11-3A-17. Access: At this time, the primary access into the development is N. Tree Farm Way, via Chinden Boulevard. With earlier residential development this roadway was required to be constructed at the half mile mark in accord with UDC 11-3H-4. N. Tree Haven Way was also constructed during the same time frame and provides the local street access to the proposed development in accord with UDC 11-3A-3. Further, N. Tree Farm Way is designated a collector street, and is meant to serve as a backage road to Chinden Boulevard. The remaining portion of N. Tree Farm Way is currently under construction to the west boundary of the development. This roadway will eventually be extended through the adjacent property and intersect with Black Cat Road. In the interim, the primary access from Chinden Boulevard is N. Tree Farm Way. UDC 11-3A-3 requires Council waiver for the two (2) access points currently proposed to N. Tree Farm Way. Variance: The applicant is proposing a right-in/right-out access to Chinden Boulevard. The proposed access is located on the shared property line with the adjacent property owner. With the application submittal, the applicant submitted a letter from the property owner granting use of his property for the access. If the variance is approved, the applicant and the adjacent property owner will have to record a reciprocal cross access agreement for the shared access. The recorded cross access agreement must be submitted with the certificate of zoning compliance for the development of the church property (Lot 2, Block 1) or the first final plat application whichever is submitted first. Development Along State Highways (UDC 11-3H-4): The UDC requires specific standards for developments along state highways. This property abuts highway 20/26 and is subject to these regulations. Staff has addressed the pertinent standards as they relate to this project: Access to State Highway 20-26 is as follows: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: Rockbury – H-2017-0018 PAGE 11 a. The existing use is lawful and properly permitted effective September 15, 2005. The subject property is partially developed and previously used for agricultural purposes (Tree Farm) As noted above there are unlawful uses currently operating from the existing structures that either need to cease or obtain approval from the City. Further, the there was a previous access granted to residence (Lot 4, Block 1) along the rim and that access was terminated with the development of the Oak Leaf Subdivision. Because a lawful use has not been established through the City’s process, staff is of the opinion the property should not be granted an access to Chinden Boulevard. b. The nature of the use does not change (for example a residential use to a commercial use). The applicant is proposing a substantial change of use of this site from agricultural to a commercial and residential uses (e.g. church, townhomes, condos and/or multi-family).Staff finds the nature of the use is dramatically different than the current use of the property. c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). The use on the site will significantly increase from agricultural and partial developed property to developing the property with a 73,000 square foot church and future residential densities. 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. Because new and higher intense uses are proposed for the property and the use of the existing approach was terminated with a previous application, staff is not in favor of the access to Chinden Boulevard. Other means of access have been provided to the subject property via, N. Tree Haven Way and n. Tree Farm Way. Although not constructed, N. Tree Farm Way is expected to be extended with development of the Tree Farm Subdivision to the west which will ultimately connect into future N. Black Cat Road. The right-of-way for this road has already been dedicated and accepted by ACHD however; construction of this future roadway is predicated on development of those properties that benefit from the roadway. b. Public street connections to the state highway shall only be allowed at: i. The section line road; and With the approval of Tree Farm annexation, the City approved public street connections to Chinden Boulevard. N. Black Road is planned to be extended when the adjacent parcels develop consistent with the approved concept plan. ii. The half-mile mark between section line roads. These half-mile connecting streets shall be collector roads. N. Tree Farm Way intersects with Chinden Boulevard at the half-mile mark consistent with this section of code and the approved concept plan. 3. The applicant shall construct a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the applicant’s property and the nearest section line road and/or half -mile collector road. A segment of N. Tree Farm Way is currently under construction and parallels the state highway. With the development of the Tree Farm Subdivision to the west this roadway will be extended and ultimately connect into N. Black Cat Road. Rockbury – H-2017-0018 PAGE 12 In summary, the preservation of the SH 20/26 Corridor is one of the City’s top priorities. In U.S. 20/26 Corridor Preservation Study, (ITD and Compass, ongoing,) there are preferred roadway configurations and recommend safety improvements to these high-volume and high-speed facilities. The City supports access management, congestion mitigation improvements and the beautification of the corridor called for in the study therefore, staff cannot make the Findings to support the right-in/right-out access to Chinden Boulevard. To support the applicant’s variance request, the Spurwing Greens HOA and the Developer of the subdivision have submitted written testimony in support of the proposed Chinden access. In addition to access management, the UDC requires the following: 1) The UDC requires the construction of a 10-foot pathway adjacent to highway 20/26. On the submitted plans the applicant has not provided the required pathway in accord with the UDC. 2) The UDC also requires the applicant to reserve the necessary right-of-way for ITD. ITD has indicate this development should dedicate a total of 100-ft of right-of-way, approximately 50 additional feet. Staff recommends the applicant reserve the additional 50 feet of right of way. Reservation of right-of-way should be depicted on the plat submitted with the final plat application. The applicant should coordinate with ITD on the right-of-way needed for preservation along Chinden Boulevard. Staff has not received official comments from ITD. Landscaping Requirements Entry Way Corridors: UDC Table 11-2B-3 requires a 35-foot wide street buffer along Chinden Boulevard. On the submitted landscape plan, the applicant complies with the aforementioned buffer width along this roadway. Said buffers must be constructed in accord with UDC 11-3B-7C. The applicant is proposing to construct a 45-foot wide landscape buffer along the frontage of Lot 2, Block 1. Any unimproved right-of-way that is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the applicant shall maintain a 10 foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. Currently, Lot 1, Block 1 is developed with the required buffer width and landscaping but, lacks the required 10-foot multi-use pathway. Staff recommends the pathway along Lot 1, Block 1 be constructed in conjunction with the construction of the pathway on Lot 2, Block 1. Collector Streets: UDC Table 11-2A-7 and UDC Table 11-2B-3 requires a 20-foot wide street buffer along N. Tree Farm Way. On the submitted landscape plan, the applicant is depicting a 60- foot wide landscape buffer in excess of the UDC for the C-N portion of the development. The R- 15 portion of the site does not depict the required 20-foot wide landscape buffer. Said buffers shall be constructed in accord with the standards outlined in UDC 11-3A-7C and must be included as a common lot with a future final plat application. Local Streets: A UDC Table 11-2B-3 requires a 10-foot wide street buffer along N. Tree Haven Way for the C-N portion of the site. On the submitted landscape plan, the applicant is depicting approximately a 32-foot wide landscape buffer in excess of the UDC. Landscape Buffers to Adjoining Uses: UDC Table 11-2B-3 requires a 20-foot wide landscape buffer when C-N zone property abuts residential uses. The submitted concept plan depicts a 25 - foot wide landscape buffer along the north boundary in accord with these standards. A 20-foot wide landscape buffer is not depicted along the west boundary. Instead the applicant is proposing to construct a shared driveway with the property to the west. Rockbury – H-2017-0018 PAGE 13 NOTE: A 20-foot wide landscape buffer will not be required along the west boundary of Lot 2, Block 1 if the variance is approved granting the right-in/right-out access to Chinden Boulevard. If the access is not granted the applicant will have to redesign the site plan and incorporate the required 20-foot wide landscape buffer in accord with UDC 11-2B-3. Existing Trees: There are existing trees on the site however, the submitted plans do not address if these tree are to remain or be removed with development of the subject property. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Conceptual Building Elevations: The applicant has submitted sample elevations to depict the design of the church proposed for Lot 2, Block 1 of the subdivision (see exhibit A.5). As mentioned earlier, there are two existing buildings on Lot 2 that may remain with the development of the property. The church elevations incorporate glass, metal awnings, stucco, two variations in metal siding, and translucent wall panels. In general, staff is supportive of the proposed building elevations. Further, refinement of the church elevations proposed on Lot 2, Block 1 should comply with the submitted conceptual elevations and comply with the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the church site (Lot 2, Block 1). This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Tree Farm Concept Plan 3. Proposed Preliminary Plat 4. Proposed Concept Plan and Landscape Plan 5. Church Building Elevations B. Agency & Department Comments C. Legal Description & Exhibit Map of Rezone Boundary D. Required Findings from Unified Development Code Rockbury – H-2017-0018 PAGE 14 A. Drawings 1. Vicinity Map Rockbury – H-2017-0018 PAGE 15 2. Approved Tree Farm Concept Plan Rockbury – H-2017-0018 PAGE 16 3. Proposed Preliminary Plat Rockbury – H-2017-0018 PAGE 17 4. Proposed Landscape Plan Rockbury – H-2017-0018 PAGE 18 5. Church Building Elevations Rockbury – H-2017-0018 PAGE 19 Rockbury – H-2017-0018 PAGE 20 B. Conditions of Approval 1. Planning Division 1.1 Annexation, Rezone and Development Agreement Modification 1.1.1 A new Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. A final plat application will not be accepted until the DA is recorded. The Applicant shall contact the City Attorney’s office to initiate this process. The DA shall be signed by the property owner and developer and returned to the city within six (6) months of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. Development of the C-N portion of the site (Lot 2, Block 1) shall be restricted to a church and the specific use standards set forth in UDC 11-4-3-6. The R-15 portion of the site (Lot 3, Block 1) shall develop with village housing (apartments, condominiums and/or townhomes) to ensure housing diversity within the development. b. Future development on Lot 2, Block 1 shall generally comply with the submitted concept plan and building elevations in Exhibit A. If the access to Chinden Boulevard is not approved, the applicant shall construct a 20-foot wide landscape buffer in accord with UDC 11-3B-9C along the west boundary of Lot 2, Block 1. c. The applicant shall reserve 50-feet of additional ROW (100-feet total) coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H. d. The existing tenants and businesses shall vacate the premises by December 31, 2017. If the existing the tenants are to remain operating from the existing structures on Lot 2, Block 1 the applicant shall comply the following:  The applicant shall obtain approval of a CZC and DES application to install the site improvements (paved parking, landscaping, etc.) for the existing commercial businesses on Lot 2, Block 1 within 90 days of the approval of the Findings by City Council;  The applicant must connect the existing buildings to the public water and sewer system within the timeframe noted in item #1 above;  The applicant must submit CUP application for the mobile service uses or cease operation; and  All current tenants must obtain final certificate of occupancy permits from the City within 90 days of the approval of the Findings by City Council. At the public hearing, the applicant shall clarify for the Commission the intended use of the existing structures on Lot 2, Block 1. e. In accord with UDC 11-3A-3 and 11-3H-4, direct lot access to N. Tree Farm Way and W. Chinden Blvd/U.S. Hwy 20-26, is prohibited unless specifically allowed by Ada County Highway District, the City of Meridian and the Idaho Transportation Department. If the variance is approved, the applicant and the adjacent property owner to the west shall record a reciprocal cross access agreement for the shared access. The recorded cross access agreement shall be submitted with a final plat application or with the certificate of zoning compliance application for the development of the church property (Lot 2, Block 1), whichever is submitted first. Rockbury – H-2017-0018 PAGE 21 f. The applicant shall either install the berms along Chinden Blvd. as required by the UDC, or apply and receive approval for alternative compliance. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated February 14, 2017 shall be revised as follows: a. With a final plat application, graphically depict a 20-foot wide landscape buffer along N. Tree Farm Way on Lot 3, Block 1.This landscape buffer must be on a common lot, maintained by a homeowners’ association in accord with UDC 11-3B-7C.2.a. b. The applicant shall reserve 50-feet of additional ROW (100-feet total) coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H. c. With a final plat application, graphically depict a 10-foot wide landscape buffer along N. Tree Haven Way and a 20-foot wide landscape buffer along N. Tree Farm Way on Lot 2, Block 1 in accord with UDC 11-3B-7C.2.b. d. Include a note on the final plat the expressly prohibits direct lot access to Chinden Boulevard and N. Tree Farm Way unless approved by ACHD, City of Meridian and ITD. 1.2.2 The landscape plan included in Exhibit A.4, dated February 10, 2017, shall be revised as follows: a. Construct a 35 45-foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right-of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license agreement for the landscape improvements within the ROW. b. The existing landscape buffer along the west N. Tree Farm Way and Common Lot 1, Block 1 must remain protected during construction on the site. The 10-foot multi-use pathway required on Lot 1, Block 1 shall be constructed in conjunction with the construction of the pathway on Lot 2, Block 1. c. 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.The multi-use pathway shall be depicted on the landscape plan submitted with future final plat application. A public pedestrian easement shall be recorded for these pathways. d. Prior to City Engineer signature on the final plat, the applicant shall record a public access easement for the multi-use pathway on Lots 1 and 2, Block 1. e. Construct a 20-foot wide landscape buffer along the north side of Lot 3, Block 1, in accord with UDC 11-3B-7C. 1.2.3 Prior to the development of the church and associated site improvements on Lot 2, Block 1, the applicant shall submit a certificate of zoning compliance, administrative design review and alternative compliance application to the Planning Division for review and approval. 1.2.4 Prior to the City Council hearing, the applicant shall provide a horizontal elevated landscape plan. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the applicable district (R-15 and C-N) listed in UDC Chapter 2 District regulations. Rockbury – H-2017-0018 PAGE 22 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.3.4 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. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.9 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. 1.3.10 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.11 Construct a multi-use pathway consistent with standards in UDC 11-3H-4C. 1.3.12 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.3.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.14 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.4 Ongoing Conditions of Approval 1.4.1 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.2 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. 1.4.3 The applicant shall have an ongoing obligation to maintain all pathways. 1.5 Process Conditions of Approval 1.5.1 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. 1.5.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.4 Staff failure to site any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 2. Public Works Department Rockbury – H-2017-0018 PAGE 23 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 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. Rockbury – H-2017-0018 PAGE 24 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. 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 Rockbury – H-2017-0018 PAGE 25 Community Development Department website. Please contact Land Development Service for more information at 887-221. 2.24 Water service to this site is being proposed via extension of water mains under the jurisdiction of Suez. 2.25 Though the City of Meridian will not own or maintain the water system in this development, final hydrant location shall be coordinated with and receive approval from the Public Works Department and Meridian Fire Department prior to construction plan approval . 2.26 Structures of 3600 square feet and larger including the garage, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2009 International Fire Code. 2.27 Prior construction plan approval the applicant shall submit documentation from Suez they have approved the water plans. 2.28 Prior to scheduling of a pre-construction meeting the applicant shall submit documentation from Suez that all of their requirements have been met to be able to go to construction. 3. Fire Department 3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 3.2 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. 3.3 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: a. Fire Hydrants shall have the 4 ½” outlet face the main street or parking lot aisle. b. The Fire hydrant 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 place 18” above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 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. 3.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 3.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. Rockbury – H-2017-0018 PAGE 26 3.9 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 3.11 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. 3.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.13 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.14 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. Parks Department 4.1 Construct the pathway and landscaping consistent with the standards as set forth in UDC 11-3A- 7A7 and 11-3B-12C respectively. 4.2 The applicant shall have an ongoing obligation to maintain all pathways. 4.3 Construct a multi-use pathway consistent with standards in UDC 11-3H-4C. 4.4 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway along Chinden Boulevard on the final plat. 5. Republic Services 5.1 Please coordinate with Bob Olson, Republic Services (208-345-1265) and obtain approval of the trash enclosure location prior to submittal of the Certificate of Zoning Compliance application. 6. Police Department 6.1 The Police Department has no comments on this application. 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 To accommodate the construction of Tree Farm Way abutting the site’s north property line, the applicant should be required to dedicate a minimum of 54-feet of right-of-way prior to ACHD’s signature on the first final plat. 7.1.2 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard/SH-20/26 frontage. Submit to the District a letter from ITD regarding said requirements prior to District Rockbury – H-2017-0018 PAGE 27 approval of the final plat or issuance of a building permit (or other required permits), whicheve r occurs first. 7.1.3 Replace any broken or deteriorated curb, gutter, and sidewalk on Tree Farm Way abutting the site. 7.1.4 Replace any broken or deteriorated curb, gutter, and sidewalk on Tree Haven Way abutting the site. 7.1.5 Construct one 20-foot wide driveway onto Tree Farm Way located 620-feet west of Tree Haven Way, as proposed. The driveway shall be constructed as a curb return type driveway with 30 -foot radii and to pave the driveway it’s full width at least 30-feet in to the site beyond the edge of Tree Farm Way. 7.1.6 Reconstruct the existing 20-foot wide driveway on Tree Haven Way located 190-feet west of Tree Farm Way to a width of 50-feet with two 20-foot wide travel lanes and a 10-foot wide center landscape island, as proposed. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of pavement of Tree Haven Way. 7.1.7 Pave the existing 20-foot wide driveway located 590-feet west of Tree Farm Way it’s full width at least 30-feet into the site beyond the edge of pavement of Tree Haven Way. 7.1.8 Other than the access approved as part of this application direct lot access to Tree Farm Way is prohibited and shall be noted on the final plat. 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the 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 utili ties 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 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Rockbury – H-2017-0018 PAGE 28 7.2.8 Utility street cuts in pavement less than five years old are not allowed unl ess 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 St ate 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. Rockbury – H-2017-0018 PAGE 29 C. Legal Descriptions and Exhibit Maps Rockbury – H-2017-0018 PAGE 30 Rockbury – H-2017-0018 PAGE 31 Rockbury – H-2017-0018 PAGE 32 Rockbury – H-2017-0018 PAGE 33 Rockbury – H-2017-0018 PAGE 34 D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone (RZ) of 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) zoning districts to the R-15 (6.71 acres) and C-N (18.35 acres) zoning district. The proposed zoning districts are consistent with the Comprehensive Plan. Staff finds that the proposed development complies with the applicable provisions of the comprehensive plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that proposed development would comply with the established regulations and purpose statement of the R-15 and C-N zoning districts. Staff finds that the proposed map amendment does comply with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendments should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 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, Staff finds that the proposed zoning amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site since services are not available. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, staff finds the rezone is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat are in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that services can be made available to accommodate the proposed development. Rockbury – H-2017-0018 PAGE 35 C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission’s attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds granting the access to Chinden Boulevard as proposed by the applicant grants a special privilege as other properties along Chinden Boulevard have approved access at the half mile consistent with the UDC. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there is no undue hardship for the applicant to overcome because an existing collector street is adjacent to the north and east boundary of the site that parallel Chinden Boulevard. With the future construction of Black Cat Road, there will be another point of access to Chinden Boulevard consistent with the UDC 11-3H-4. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the access variance to Chinden Boulevard would not be detrimental to the public health, safety and welfare of the community if the access is constructed to ITD standards. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 71 PROJECT NUMBER: ITEM TITLE: Final Order Order for Gyro Shack at Paramount (H-2017-0059) by Jeff Likes Located 5038 N. Linder Road MEETING NOTES rte✓ 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 COUNCIL REVIEW FOR Gyro Shack AT PARAMOUNT - CR (H-2017-0059) Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C May 23, 2017 IN THE MATTER OF THE REQUEST FOR CITY COUNCIL REVIEW OF A REDUCED BUFFER TO RESIDENTIAL USES, LOCATED AT 1410 W. MCMILLAN ROAD, IN THE SW ¼ OF SECTION 25, T.4N., R.1W, MERIDIAN, IDAHO BY: ALC ARCHITECTURE APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2015-0059 ORDER OF CONDITIONAL APPROVAL This matter coming on regularly before the City Council on May 23, 2017, upon the Applicant’s submittal of a request for City Council review of a reduced buffer width to residential uses from 25 feet to a width ranging from 6 to 17 feet 3 inches, which is conditional use permit (H-2017-0028) condition #1.3b which states, “A 25-foot wide landscape buffer to adjoining residential uses is required along the east side of the site along the backage road adjacent to the apartments in Linder Springs as set forth in UDC Table 11-2B-3, planted in accord with the standards listed in 11-3B-9C.”. IT IS HEREBY ORDERED THAT: The above named Applicant is granted a reduced buffer width from 25 feet to a width ranging from 6 to 17 feet 3 inches. Attached: Memo from Staff dated May 23, 2017 By the acti n of the City Council at its regular meeting on the (9 day of /le , 2017. DATED this h 7t, Attest: C, ay Co s, City Clerk day of w&e m •]��/r 2 '1-7 2 5 Copy served upon the Applicant, Community Development Department, Public Works Department, and City Attorney. BY: G �`� Dated: l 7f 4 -9/� ORDER OF CONDITIONAL APPROVAL OF COUNCIL REVIEW FOR Gyro Shack AT PARAMOUNT CR (H-2017-0059) Page 2 of 2 �/rE IDIAN�-- May 23, 2017 MEMORANDUM TO: Mayor and City Council FROM: Josh Beach, Associate Planner CC: Bill Nary, City Clerk RE: Gyro Shack — H-2017-0059 5038 N Linder Road Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts On April 6, 2017, the Planning & Zoning Commission approved a conditional use permit (H-2017- 0028) for a drive-through for a restaurant within 300 feet of another drive-through facility (Dutch Bros and Sonic) and a residential use (Linder Springs Apartments). The applicant requests City Council review of the following condition of approval associated with the CUP: (the applicant's request is in italics) • 1.3b - A 25 -foot wide landscape buffer to adjoining residential uses is required along the east side of the site along the backage road adjacent to the apartments in Linder Springs as set forth in UDC Table 11-2B-3, planted in accord with the standards listed in 11 -3B - 9C. The applicant proposes to install a 6 foot and a 17 foot three inch landscape buffer at 19 feet and 84 feet off -set from the existing drive aisle. A solid fence and an approximately 5 foot landscape buffer were installed as part of the Linder Springs Apartment development and are adjacent to the east side of the drive aisle. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7,J PROJECT NUMBER: ITEM TITLE: 2nd Addendum to Development Agreement for TM Crossing (MDA -H-2017-0027) with Brighton Investments, LLC; SCS Investments, LLC; SBG Ten Mile Office No. 1, LLC and SBG Ten Mile Office No. 3, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest'/4 of Section 14, Township 3N., Range 1 W MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051907 BOISE IDAHO Pgs=7 LISA BATT 06/08/2017 12:48 PM CITY OF MERIDIAN, IDAHO NO FEE 2nd ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. CITY OF MERIDIAN 2. TEN MILE CROSSING INC., Owner/Developer 3. BRIGHTON INVESTMENTS LLC, Owner/Developer 4, SCS INVESTMENTS LLC, Owner/Developer 5. SBG TEN MILE OFFICE NO. 1, LLC, Owner/Developer 6. SBG TEN MILE OFFICE NO. 3, LLC, Owner/Developer THIS 2nd ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6 -t� day of -9t),J& ,, 2017, C'2"'t ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Ten Mile Crossing Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713; Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713; SCS Investments LLC, whose address is 855 W. Broad Street, Suite 300, Boise, Idaho 83702; SBG Ten Mile Office No, 1, LLC, whose address is 101 S Capitol Blvd., Suite 1700, Boise, Idaho 83702; and SBG Ten Mile Office No. 3, LLC, whose address is 101 S Capitol Blvd., Suite 1700, Boise, Idaho 83702, hereafter referred to as ("OWNERS/DEVELOPERS") RECITALS A. CITY and OWNERS/DEVELOPERS, or Owners/Developers predecessors, entered into that certain Development Agreement that was recorded on January 1, 2014 in the real property records of Ada County as Instrument No, 114002254 ("DEVELOPMENT AGREEMENT") and the Addendum to Development Agreement that was recorded on July 13, 2016 in the real property records of Ada County as Instrument No. 2016-06220 ("ADDENDUM TO DEVELOPMENT AGREEMENT"), B. CITY and OWNERS/DEVELOPERS now desire to amend the Development Agreement and Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNERS/DEVELOPERS shall be bound by the terms of the Development Agreement and the Addendum to the Development, except as specifically amended as follows: 2nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page I of 6 The Phasing Plan shall be modified to include additional area which is currently in the Phase II boundary. The Modified Phasing Plan for Phase I is attached hereto as ExhibitA. 2. That Owners/Developers agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owners/Developers, or their assigns, heirs, or successor shall not meet the conditions of this 2nd Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This 2nd Addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written retest of Owners/Developers, to execute appropriate and recordable evidence of termination of this 2n Addendum if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed its obligations under this 2nd Addendum. 4. If any provision of this 2nd Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This 2nd Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 2nd Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This 2nd Addendum shall be effective as of the date herein above written. 7. Except as amended by the 2nd Addendum, all terms of the previous Agreements shall remain in full force and effect. 2nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 2 of 6 ACKNOWLEDGMENTS IN WITNES S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. TEN MILE CROSSING INC., an Idaho corpora 'on By: David W. Turnbu , President STATE OF IDAHO ss. County of Ada On this day of , in the year of 2017, before me a Notary Public of said State, personally appeared David W. Turnbull, known or i in to me to be the President of Ten Mile Crossing Inc., the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal the day and year in this cer ' at fir tt l o e vi=ittea AMANDA MCC:URFiY NO P AFiY PUBLIC Not ry Public for Idaho STATE iP IDAHO My Commission expires _ L BRIGHTON INVESTMENTS LLC an Idaho limited liability company By: David . Turnbull, Managing Member [or Blake R. Alder, Authorized Signer] STATE OF IDAHO ) ss. County of Ada ) On this 11 day of , in the year of 2017, before me a Notary Public of said State, personally appeared David W. Turnbull, nown or identified to me to be the Managing Member of Brighton Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Rtqijj� vwritten. _ AMANDA MCC�F1RY NO-rAny PUBLIC Notary Public for 14ho q / q STAT OF IDAI 1 My Commission expires j 2°1 ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 3 of 6 SCS INVESTMENTS LLC an Idaho limited liability comp y By: Ste m'b, anagen STATE OF IDAHO ) ss. County of Ada ) AMANDA MCGUHRY NOTARY PUBLIC NATE OF IDAHO On this day of, in the year of 2017, before me a Notary Public of said State, personally appeared Steven C. Smith, kno n or identified to me to be the Manager of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set y hand an affixe official seal the day and year in this certificate first above written. Uj Notary Public for Idaho My Commission expires SBG TEN MILE OFFICE NO. 1, LLC an Idaho limited liability company By: (" � Name: Title: Manager STATE OF WCA4 ) :ss. COUNTY OF By: za4)'0kL__ Name: Title: Manager On this _I day of 0 , 2017, before me, the undersigned, a notary public in and for said State, personally appeared # A-Tj Dry' known or identified to me to be the 1VtA711 ,"6f SBG Ten Mile Office No. 1, LLC, and acknowledged to me that such corporation and limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and a ed my official seal, the day and year in this certificate first above written.` Notary Public • Vi My commission expires: 1011 ORTEZ PEREZ NOTARYPUBLIC. NATE OF UTAH STATE OF IDAHO ) 10/16/2020 :ss. tW ion 691239 COUNTY OF MA��A ) On this a% day of 2017, before me, the undersigned, a notary public in and for said State, personally appeared I known or identified to me to be the AaVA941 of SBG Ten Mile Office No, 1, LLC, and acknowledged to me that such corporation and limited liability company executed the same. I have hereunto set hand and fixed my, orcial seal, the day and year in this C NOTARY PUBLIC Nota Public for STATE OF IDAI.10 My commission expires: 2°d ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 4 of b SBG TEN MILE OFFICE NO. 3, LLC an Idaho limited liability company By: Name: Title: Manager By: Zd"A A�__ Name: 1+(4,{ (� Title: Manager STATE OF A ) :ss. COUNTY OF 4AV( WW) On this day of �fYl 2017, before me, the undersigned, a notary public in and for said State, personally appeared GiA�t GvN� known or identified to me to be the 1u ofSBG Ten Mile Office No. 3, LLC, and acknowledged to me that such corporation and limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fust above written. C.�� SONIA� OORTEZ PEREZ e NOTARY PUBLIC; -STATE OF UTAH My Comm. Exp. 10/16/2020 Commission # 691236 STATE OF IDAHO ) COUNTY OF Notary Pu " for w--tdl' My commission expires: IC), 2-6 On this kta'y of i , 2017, before me, the undersigned, a notary public in and for said State, personally appeared J�WE .IAJA y known or identified to me to be the of SBG Ten Mile Office No. 3, LLC, and acknowledged to me that such corporation and limited liability company executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affi ed my o ficial seal, the day and year in this certificate first above written, _.. Al _ Notal Public for Akuo My commission expires: AMANDA WCURRY NO TABY PUBLIC I VY F OF IDA110 2"a ADDENDUM 'I`O DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 5 of 6 CITY OF MERIDIAN ATTEST; Uagoles, pity Clerk STATE OF IDAHO ) ss County of Ada ) On this U, day of J l In e_ , 2017, before me, a Notary Public, personally appeared-T+m trytle- 1fei 't� -Vee*and C.,Iay Coles, know or identified tome to be the-A4ayav and Cleric, respectively, ofthe City ofMeridian, who 13114 executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (lack IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Wa4- Notary Public r tah�o.If) at: Commission expires: -,;Lg ' d.0 2 2- 2n' ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 6 of 6 F..IHu -1_- Exhibit A.2; Proposed Modified Phasing Plan for Phase I c a r- ar"s s i n• .: Phase One Site Plan TM Crossing — MDA H-2017-0027 5 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7K PROJECT NUMBER: ITEM TITLE: Development Agreement for Maverik, by Maverik, Inc. for Development located at 1515 E. Fairview Avenue on the Southwest Corner of E. Fairview Avenue and N. Locust Grove. 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 (6-R ecDpdil-y to -Fly ©w/✓� odd lew CtAd ,Lotcwy kmto olcot ADA COUNTY RECORDER Christopher D. Rich 2017-051965 BOISE IDAHO Pgs=53 BONNIE OBERBILLIG 06/08/2017 02:03 PM CITY OF MERIDIAN, IDAHO NO FEE Recording Requested By and ADA COUNTY RECORDER Christopher D. Rich When Recorded Return to-. 2017-055347 BOISE IDAHO Pgs=55 HEATHER LUTHER 06/16/2017 04:40 PM City of Meridian CITY OF MERIDIAN, IDAHO NO FEE 3$ E. Broadway Meridian, Idaho 83642 SPACE ABOVE THIS LINT~ FOR RROORDER'S USE ONLY DEVI*{_CWPMENT AGREEMENT PARTIES: I. City of Meridian 2, Bussell S. Barger, Owner 3. Maverik, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this & day of 1)nre , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City" whose address Is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Russell S. Charger, whose address is 8882 W. Clovis Drive, Boise, Idaho 63709, hereinafter called "Owner" and Maverik, Inc., a Utah corporation, whose address is 680 W. Center Street, North Salt Lake, Utah 84054, hereinafter called "developer," 1. RECiTALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and r� 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58.8 of the Unified Development Code ("U00"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 3.877 acres of land from the C2 zoning district in Ada County to the C -G (General Commercial) zoning district (as described in Exhibit A), under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning Jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 21st day of June, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order {"Findings"), which have been incorporated into this Agreement and attached as Exhibit B; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a development agreement before the City Council takes final action on the final plat; and DEV94OPMENT AWNUIVIrWr--MAVERIK (H 2DI6.0027) PAGi 1 OP51 Recording Requested By and When Recorded Return to: City of Meridian 33 E. Broadway Meridian, Idaho 83642 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Russell S. Barger, Owner 3. Maverik, Inc., Developer THIS,PEVPMENT AGREEMENT (this "Agreement"), is made and entered into this day of .S 0EL , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City" whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Russell S. Barger, whose address is 8852 W. Clovis Drive, Boise, Idaho 83709, hereinafter called "Owner" and Maverik, Inc., a Utah corporation, whose address is185 S. State Street, Suite 800 Salt Lake City, UT 84111, hereinafter called "Developer." 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 3.877 acres of land from the C2 zoning district in Ada County to the C -G (General Commercial) zoning district (as described in Exhibit A), under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 21St day of June, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit B; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a development agreement before the City Council takes final action on the final plat; and DEVELOPMENT AGREEMENT - MAVERIK (H-2016-0027 PAGE 1 OF 51 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter Into this Agreement and acknowledge that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property Is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Russell S. Barger, whose address is 8862 W. Clovis Drive, Boise, Idaho 83709, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Maverik, Inc., whose address is 185 S. State Street, Suite 800, Salt Lake City, Utah 84111, the party that is developing approximately 1.72 acres of the northern portion of said Property and shall include any subsequent deveioper(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned General Commercial District (C -G) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of the Property shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. DEVELOPMENT AGREWENT- MAVrfiIK (H-2016-0027) PAGE 2 0FBI b. Prior to the Planning and Zoning Commission hearing, the Developer submitted a revised ( concept plan that incorporates ACHD ROW for the intersection improvements, the 25 -foot wide landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation easement on the south boundary and the required landscape buffer, and a 5 -foot wide detached sidewalk on Locust Grove Road. c, The junkyard use, fencing and the billboard (LEASED BY LAMAR) nearest the corner OF FAIRVIEW AND LOCUST GLOVE shall be removed or cease within 60 days of annexation into the City. d. A minimum 25 -foot wide street buffer shall be constructed along the entire frontage of the Property along E. Fairview Avenue and N. Locust Grove Road with the first phase of Development in accord with UDC 11-38-7C. The Owner intends to seek a lot split, subdivision, or short plat of this current parcel that will change the southern boundary from the current configuration. Owner shall comply with all City requirements for development of the final southern boundary of the subject parcel once complete. e. The Developer shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. f. The Owner shall provide cross -access to 1375 E. Fairview Avenue (parcel # R4239560010) and to the southern portion of the subject Property; the cross -access agreements shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Any future development of the Property must comply with the City of Meridian ordinances in effect at the time of development. h. The Developer shall complete phase 1 and phase 2 environmental assessments in accord with DEQ standards prior to submitting a Certificate of Zoning Compliance Application. i. The Developer shall extend sewer and water to the Property with the development of the Property. j. No direct access to E. Fairview Avenue shall be permitted, k. The Developer is required to submit a Certificate of Zoning Compliance and Administrative Design Review Application for approval of the proposed use and site layout from the Planning Division prior to applying for a building permit application. I. Coordinate with City Staff on bonding for the removal of the billboards once the lease term is expired. See section 5.2. m. Include the terms of the billboard leases as an exhibit in the development agreement. n. The billboard signs on the Property at the time of the execution of this Development Agreement shall not be included in the calculation of the allowed square footage for signage under the UDC on the Property, including that portion of the Property to be developed by Developer, Maverik, Inc. 5.2 The Property is encumbered by certain billboard leases, which leases are attached as Exhibit C to this Agreement. The lessor (that is, Owner) and the 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 as provided in Exhibit D, if such billboard structures are not removed by the lessee or Owner within 30 days of the billboard leases termination date of September 30, DEvELopMENT AGREEMENT- MAVERII{ (H-2016-0027) PAGE 3 OF 51 2027, Owner hereby gives City and/or Developer permission and license to enter onto the Property for the purpose of removing such billboard structures and, concurrently with the complete execution of this Agreement, Developer shall enter into a surety agreement, substantially similar in form to the Surety Agreement attached as Exhibit E to this Agreement, which surety agreement ensures City shall have the funds available to remove such billboard structures if such billboard structures are not removed by lessee, Owner or Developer. 6. COMPLIANCE PERIOD: Pursuant to permission granted by the Meridian City Council, Developer has agreed to sign and return this Agreement to City no later than June 2, 2017. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure period. in the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the,event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 676509 and 676511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors In title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein, 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall Include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver, A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. S. INSPECTION. Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council faits to adopt the ordinance in connection with DEVELOPMENT AGREEMENT -MAVERIK (H-2010-0027) PAGE 4 OF 51 the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10, ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY 013DINANGES: That Owner and/or [Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered it and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 r OWNER; Russell S. Barger 8852 W. Clovis Drive Boise, ID 83700 With copy to: City Attorney City of Meridian 38 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Maverik, Inc. 185 S. State Street, Suite 800 Salt Lake City, UT 84111 With a copy to: JoAnn C. Butler Spink Butler, LLP 251 E. Front Street Boise, ID 83702 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT— MAVERiK (i-1-2016-6027) PAGE 5 of 51 17, BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement If City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19, DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City, 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearings) in accordance with the notice provisions provided fora zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property, and execution by the Mayor and City Clerk. [End of text; signatures, acknowledgements, and Exhibits follow.] DEVELOPMENT AGREEMENT-- MAVERIK (Iii -2016-0027) PAGE 6 oF51 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Russell S. Berger DEVELOPER: Mavo ik, Inc., a Utah corporation By: Printed Name: Its; cry OF MER;rem/ By: &Ce�j),Alej& ATTEST: Colds, City Clerk Diivnopw NT AGREEMENT-- MAMIK (H-201 6-0027) RAGE 7 OF 51 STATE OF IDAHO } ss: County of Ada ) On this � day of = —, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Russell S. Barger, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AtJA LEON Notary Public, State of Idaho My Commissign Expires Nov, 02, 2017 STATE OF ss: County of Notary Public for Residing at:�,9 ; r\ ,'4�L C My Commission Expires: \\ On this day of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Maverik, Inc., and acknowledged to me that he executed the same on behalf of said Corporation_ IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada On this da f Q 20Zbeforeme,a Notary Public, personally appeared Tammy de Weerd and Jay Coles -know or 'Ventified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed t instrument or the person that executed the instrument of behalf of said City; and ack wledged toye that such City executed the same. 1N WITNESS WHEREOF, I have year in this certoetl'Yii'ijpve written. (SEAL) ! 4V� t■ > a set my hand and affixed my official seal the day and iwtaiy ruonc To ano � Residing at: Commission expires: DEVELOPMENT AGREEMENT — MAVERIK (H-2016-0027 PAGE 8 OF 51 STATE OF IDAHO ) ss: County of Ada } On this __�_ day of �, 2017, before me, the undersigned, a Notary Public In and for said State, personally appeared Russell S. Barger, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. - - - - - - - - - - - - - ANA LEON Notary Public, State of Idaho My Commission Expires Nov, 03, 2017 STATE OF ss: County of Notary Public for Residing at:,� My Commission Expires: On this day of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Maverik, Inc., and acknowledged to me that he executed the same on behalf of said Corporation_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at. My Commission Expires: STATE OF IDAHO ) : ss County of Ada ) On this day of N UA -P 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Cotes, know or identified to rile to be the -Mater -and Clerk, ®®��A respectively, of the City of Meridian, who executed the instrument or the person that executed the f I&Ia&/V I�.�, instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cert fia&L11i 9t0agpy e written. (SEAL)lv' �., 0 i tj*10 Notary Public fo Idaho y ,�, • Residing at: �O "Alt : Commission expires: .,*sense* DEVELOPMENT AGREEMENT— MAVERIK (H-2016-0027) PAGE 8 OF 51 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, Russell S. Barger DEVELOPER: K4avehk Inc.,Utah corporation Printed Name: /4� RTZ Its- epol Mayor Tammy de Weerd C, Jay Coles, City Clerk DEVELOPMENT AGREEMENT -MAvsnm(H-201G-0027) PACE 7op51 STATE OF IDAHO ) ss; County of Ada ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Russell S. Barger, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: STATE OF V ) County of ls�--s. ) Can this __L day of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared f, M . 1-0 VL Z , known or identified to me to be the (V R °t" C -EQ of Maverik, Inc., and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss County of Ada ) 6&m& /V Notary Public for Residing at:� My Commission Expires: '511 -6 o On this day of , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the Instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: a DEVELOPMENT AGREEMENT-- MAVERII((E -201600027) PAGE 8 OF 51 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 3-27-17 1MRIDIAN, IDAHO LEGAL DESCRIPTION PART OF NORTHEAST QUARTER OF SECTION 7. TOWNSHIP 3 NORTH, PANGS 1 FAST, BOISE MERIDIAN. U.S. SURVEY, DESCRIBED AS FOLLOWS: MGMnNG AT APOINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD, SAID POINT 13EING SOUTH 60.20 FEET AND WEST 48.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OFLOCUS'F GROVE ROAD THE FOLLOWING (2) TWO COURSES: (1) SOUTH 240.79 FEET AND (2) THENCE SOOc38'30"B 44333 FEET; THENCE N37'48'5 1"W 312.79 FEET; THENCE N55047'51"W 117.23 FEET; THENCE S84 -17'21'V 48.98 FEET; THENCE N00°00'15"E 326.80 FEET, THENCE N21°5021"E 80.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LIM THE FOLLOWING TWO (2) COURSES: (1) N89°3429"E 28.09 MT AND (2) S88°46'30'E 253.48 FEET; THENCE S46017'39'E 29.01 FEET TO THE POINT OF BEGINNING. CONTAINING 168,903 SQUARE FEET OR 3.877 ACRES Solutions You Can Build On- Clvil ung goofing- Lmd Plsotcag - Structural Engwoering . Lmdsc" Architecture. Land survc)ing . Caostruction iJatveging 5160 Sotdh 1500 West. Plva,dWc,Utah84405 •Tel: 801-621.3100.Fw ODI.621.2666 ogdm@rocv"=r-com.reeve•easmm m EXHIBIT A -1 NOM QUAgUR COMtER EXHIBIT �' TOWru1pP EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION 3 p0t5E'ylAFl�U ANNEXATION AREA svrry FWFn Bt+15s MERIDIAN, IDAHO UMNEW CORM Of GV' 40197i1ENT NOV"" 1641.0 SECf1011 7. TO`i11iSAP 3 — —_ HOft1}I RAti(:E 1 EAST FAUN W AMLS ul 4Ef9p5V1, US. Fkio'3c'?9't: ,� b SURVEY. FOUtF] BIt1�53 ?ti09' 8956 WE 263.40' 8 I OM WNUVW Nwmr P.0.9_ 481V I �f k t 3.W7 I fh SCALE 1"-100' I� eeve Imo., i� { tty$n r SV t7'2S'Yi v Afd947ln, 60, �. l glint I11M 0440 wff r> dry I flmlL� vii-2m Im M5 N+ f A�a�u� ® ummm t I '6. I Iffeddiao, Idaho I I - GS-9-t1 OJrCT H0: 31i#- FMWWW RfRAR MMO CW Y, WRM C9C PLA 6092 EQU R Cc EXHISITA-2 EXHIBIT B FINDINGS OF FACT AND CONCLUSIONS OF LAIN AND DECISION AND ORDER CITY T, CONCRIDLUSIONS CUE FINDINGS OF FACT, CONCLUS10N5 OF I.A'1V AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.907 Acres of Land with a C -C Zonfng District, for the Property Located at the southwest corner of E. Fairview Ave. and N, Locust Grove Roads in the NE % of Section 7, Township 3N., Range IE., by Maverik, Inc. Case No(s), AZ -15406 For the City Council Hearing Date of. June 7,206 (Findings on June 2I, 2016) A. Findings of Fact 1. Hearing Facts (see attached Safi Report for the hearing date of June 7, 2016, incorporated by reference) 2, Process Facts (see attached Staff Report for the hearing date of June 7, 2416, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) B, Conclusions of Law I. The City of Meridian shall exercise die powers conferred upon it by the "Local Land Use Planning Act of 1475," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2, The Meridian City Council takes judicial notice of its Unified Development Cade codified at Title i I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I -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 shalt be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF tAw AND DECISION & OF -DER CASI:NO(S}_ tl-�oib 047 t E=XHIBIT 13 -1 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the heating date Of dune 7, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition ofapproval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing dale of June 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the properly owner and returned to the City within six (6) months of die City Council granting annexation and/or rezone (UDC €1 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed For the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC i I -$B -3i'). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 'no Applicant is hereby notified that pursuant to Idaho Code 6711003, denial of 11 development �. application endtIcs 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) Clays 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 Cade, F. Attached: Staff Report for the hearing date of lune 7, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5), 11 3016-0027 -2- EXHIBIT B - 2 By action of the City Council at its regular meeting held on the oc 1 day of 2016, COUNCIL PRESIDENT KEITH BIRD VOTED AS COUNCIL VICE PRESMENT JOB GORTON VOTED P,`� COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MI?MBPR TY PALMER VOTED ` COUNCIL MEMBER LUICE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED- a��-�- MA'Y'OR TAMMY de W ESRD VOTED ' (TIE BREAKER)' Attest: Mayor Tan64 Waerd r7rrnt 'm per_ W .IaayUones -�,� � 3�Ai City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated:ip /o'>, / I City Cwth Ofltce CITY OF MERIDIAN FINDINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), H-2016-0627 -3- EXHIBIT B - 3 STAT: F REPORT Hearing Date: TO: FROM: SUBJECT: Exhibit A June 7,2016 (Continued from May 3 and May 17, 2016) Mayor and City Council Josh Beach, Associate City Planner (208) 884-5$33 Bruce Frecidetan, Development Services Manager 208487-2211 Maverik - AZ (H-2016-0027) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDR IANA-, The applicant, Mavcrik, Inc. has submitted an application for annexation and zoning (AZ) of 3.907 acres of land with a C -G zoning district, 2- SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit S, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian P(anniggc_onin�Commisyion heard these items op April 7, 2016. At the�nblic hearing, the Commissipn moved to recommend approval ofthe subiect AZ request to City Council. a. Summary of Commissign Public Hearing: I. In favor: Todd Meyers ii. In opposition: None Ill. Commenting: David Gronbeck Iv. Written totlmanv: None v. Staff presenting nppl[eation: Josh Beach vi. Other staff cammentiug_on_appiicntion:_ Bill Parsons IL I{ey issues) of Public Testimony: i. None c. Ke Issues of Discussion by Commission: I. The number of access points on Locust Grove If. Timing of removal of the billboards ill. Mechanism for the city to track the removal of the billboards if tine property_ is nriaoxed m4 the - d. if. Add condition 1.1.1L (See condition 1.1.1M for chnnees) iii. Modifv condition LLIC (See condition 1.1.1 C for changes) Iv. Remove condition 1.1-13 v. Add condition IJAM (See condition 1.1.1M for chnnees) Outstanding Issues) for City Council. MavMk - AZ 11-1016-0027 EXHIBIT B - 4 PAGE I Exhibit A 1. None 3, PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0027 as presented in staf'report for the hearing date of May 3, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H -20I6-0027 as presented in staff report for the hearing date of May 3, 2016 for the following masons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0027 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY PACT'S a. Site Address/Location: 1515 E. Fairview Ave. (Parcel # SI 107110321) The site is located at the southwest corner of E. Fairview Avenue and N. Locust Grove Road, in the NE V4 of Section 7, Towttship 3N., Range IE. b, Applicant: Maverik, Inc. 880 W. Center Street North Salt hake, UT 84054 c. Owner, Russel S. Barger 8852 W. Clovis Drive Boise, ID 83709 d. Representative: Mate Reeve, Reeve and Associates, Inc. 920 Chambers Ogden, UT 84403 e. Applicant's Request: Please see applicant's narrative, for this information. 5. PROCESS FACTS a. Thu subject application is for annexation & zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter S. b. Newspaper notifications published on: March 21, 2015 and April 4, 2016 (Commission) April l t and April 25, 2016 (City Council) c. Radius notices mailed to properties within 300 feet on: March 14, 2016 (Commission) April 8, 2016 (City Copncill d, Applicant posted notice on site by: March 28, 2016 (Commission) Aoril 2l, 2016 (City Council) Mdvcdk - AZ H-2016-0027 EXHIBI-f B- 5 PAGE Exhibit A 6. LAND USE a. Existing Land Use(s): The subject property consists of commercial land that is currently developed as a junk yard; zoned C2 in Ada County. b_ Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: E. Fairview Avenue and commercial property zoned C -G 2. East: N. Locust Grove Road, commercial property and vacant property, zoned C -G and RUT in Ada County 3. South: Single-family residential )tomes in the Keziah Subdivision, zoned RAO 4. West: Developed commercial property, zoned C -G c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer; A sanitary sewer main intended to provide service to the overall subject parcel currently exists at the right of way line of the north driveway approach on N. Locust Grove Road. Location of water: Water mains intended to provide service to the overall subject parcel currently exist at the right of way line of the north and south driveway approaches on N. Locust Grove Road_ Issues or concerns; Applicant sball be required to extend a sanitary sewer main in the driveway from the north driveway approach to the south to provide service to the future development on the south side of the overall parcel. e. Physical Features: 1. Canals/Ditches Irrigation: The Settlers Canal tvas tiled as part of the Locust Grove Place Subdivision (PP -02-026). The Jackson Drain, adjacent to the southern boundary will remain open. 2. Hazards: Staff is unaware of any known hazards on the property. The junk yard has existed on the property for quite some time, and staff has consulted with DEQ regarding remedinHon of the site per their standards (See analysis below for more information). 3. Flood Plain: This site does not lie -within the Meridian Floodplain Overlay District. 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial' on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, mull -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The applicant proposes to annex the site with a C -G zoning district which is an appropriate zoning district for a "COMMERCIAL" FLUM designation. The site is proposed to develop with a convenience store/fuel sales facility on the north end, and an undetermined commercial use on the south end of the parcel. Staff finds the requested zoning district and future uses of the site are consistent with the Commercial FLUM designation. Mawrik - AZ H-201&0027 EXHIBIT B - 6 PAGE Exhibit A Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to lite proposed development (staff analysis in Italics): "Require all commercial and industrial businesses to install and maintain landscaping." (2.0I.0313) The applicant is required to provide street buffer landscaping along E. Fairvl etv Ave and along N. Locust Grove Road. The applicant is also responsiblefor installing internal parking lot landscaping In accord with the standards sel forth in UDC 11-38. "Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (3,06.02F) The subject propero, abuts E. Fairview Ave on the north and N. Locust Grove Road alt the east. ?'hese roads are both classfed as arterial roadnays and require a 25foot landscape buffer: These buffers must be landscaped in accord svitlr the standards listed in UDC 11 -3B - 7C. "Plan for a variety of commercial and retail opportunidcs within the impact Arca." (3.05.017) The proposed convenience store and fire! sales faeilio• will contribute to the variety of uses in the southern part of the city and will provide a needed service for nearby residents. "Reduce the number of existing access points onto arterial streets by using mcthods such as cross -access agreements, access management, and frontagelbackage roads" (3.03.02N) The subject property currentiv,has an access to E. Fairview Ave. and two (2) accesses to N. ,Locust Grove Road. With the subject application, the applicant is proposing to utilize the e-risting crass access with the propero, to west for fire access to Fairview Ave and maintain the existing right ill, right out access onto N. Locusl Grove as ivell as oneftrll access. ACHD has indicated support of a j dl -access drivaivay onto N. 4ocust Grave; hors -ever, staff does not support this request. The applicant will need to seek the approval from City Council for the fill( access to Locust Grove Road in accord with UDC 11-3A-3. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) City server and }Vater services are available to be extended to the subject pr opero, with development of the site. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3-06.0 IF) Staff believes fire proposed convenience stare/fuel sales faellity are a cornpalible to residential uses within the area, specifically those to the south in the Keziah Subdivision. There is an open irrigation drain (Jackson Drain) along the southern boundary of the property, as well as a nrtrlti-rtsg palhtvpy and landscape bt&r that seas installed as part of the Keaiah Subdivision (PP -02-06), The width of the landscape buffer rangesfrom approxintatel},100 feet in width to approximately 40feet In width. Per the UDC, the applicant is responsible to construct a 25foot landscape buffer along the south boundary of the property. The landscape bu,(fermust be constructed with thefrrst phase of the development. Muvan'k - AZ H•2016-0027 EXHiBIT B -7 PAGE4 Exhibit A "Requirc all now and reconstructed parking lots to provide landscaping in internal islands and along streets," (3.01.01 G) Planter islands are proposed within the parking areas and will be landscaped in accord with the standards listed in UDC 11 -3B -8C. Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria. 7ha subject property is current! v developed ivilh a junk yard Sta0has concerns rrlated to the potential for contaminants in the soil of the subJect praperrv, due to its current use. Staff has consulted with the department of Environmental Quality (DEQ), there have been no violations art this property. DEQ has indicated that there were specifte pracedures to test the salt far contanrhtunts•, as ivell as- specifc procedures for rentediating anv contaminants that may befound A recommended provision ofthe development agreement requires the applicant to coordinate with DEQ and rcmediate ilia site in accord with their standards. "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues arc not of concern." (5,01.01 D) 77je size of the drain and the volume of water do not present a public safety concern in this case. 7'he southern side of the drain contains a pathu,gv and open space that was provided with the Keziah subdivision. Further, the Jackson Drain is protected watenva,v and should remain so with the development of this site, "Pursue sidewalk construction for existing substandard streets." (3.03,02D) Currently, the Fairviewfrontage is lacking ilia required detached 5 -fool wide sidewalk. ACHD has a sideu alk project plannedfor this segment of Fairviciv Ave this year•. Per ACHD if the sidenvalk project Is awarded to a contractor prior to development of this site, the applicant will not be responsiblefor the construction of the sidewalk Hmvm er if a CZC is submitted prior to Nie contract being awarded, the developer is responsible for the construction in its ultimate location as determined bvACHD. "Coordinate with ACHD, ETD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc, and allow only compatible adjacent land uses, appropriate site designs and traffic patterns." (3.06.02H) In coordination with ACHD, additional right-of-way will be required along E. Fairview and N. Locust Grose to accommodateftrture widening ofthe intersection. The needfor additional right•ofwayfrom this parcel may affect the location oftlre crass -access to the western parcel, and the installation oftlre 25feel oflan&caping adjacent to E. Fairview Avenue and N. Locust Grove Road. Staff recommends a revised site plan prior to the Planning and Zoning Commissions hearing to ensure that these requirements are met. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. S. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone; The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and ilia location of the district in Mavaik - AZ H-2016-0027 PAGES EXHIBIT B - 8 Exhibit A proximity to streets and highways, Allowed uses in the C -G district are of the largest scale and broadest mix ofretail, office, service, and light industrial uses of the commercial districts with access to arterial or collector streets, B. Schedule of Use, Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C -G zoning district. The proposed fuel sales facility is listed as a principally permitted use in the C -G district, subject to the specific use standards set forth in UDC 11-4-3-2t1. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table: 11-28-3 for the proposed C -G zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11 -313 -SC, street buffer standards listed in UDC I I -3B -7C in accord with UDC Table 11-2B-3, E. Off -Street Parking: UDC 11 -3C -6B requires 1 space for every 500 square feet of gross floor area. F, Self -Service Uses: UDC I I -3A-16 lists the specific requirements for self service uses (see section 9 below for further analysis). G. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC I 1-3A-19 and the guidelines listed in the Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The applicant has applied to annex and zone a total of 3.907 acres of land with a C -G zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of Commercial, / The applicant proposes to develop a convenience store and fuel sales facility and future _ commercial building on the site, as shown in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area ofCiV Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67.651 IA. In order to ensure the site develops as proposed with this application and to remedinte the non -conforming uses and environmental concerns, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Concept Plan: A concept plan is included in Exhibit A.2 that shows how the site is proposed to develop with two (2) commercial buildings (5,046 sq. ft. and 4,339 sq, ft.) convenience store, fuel sales facility and associated parking. The south half of the development is slated for future development and the proposed concept plan is only a graphic representation for the how the site could develop in conjunction with the Maverik store. The design of the site must comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Fuel Sales Facilities: The specific use standards for the fuel sales facility listed in UDC 11-4-3- 20 apply to development of this site as follows: A. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty five percent (25%) of the subject property. Mavcrik - AZ H-2016-0027 PAGE 6 EXHIBIT 8 -9 Exhibit A Tire applicant must comply with this requirement. B. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). Tite applicant must comply with this requirement. C. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (1(Y) of any abutting residential districts. The applicant must comply with this requirement. 1). If the use is unattended, the standards in accord with section 11-3A-16 of this title shall also apply. Not Applicable, the facility will be a .2417 operation. Note: If 24 hour operations is desired far this site the applicant must obtain conditional rise permit approval for the extended hoursofoperatton as noted below: Hours of Operation. In accord with UDC 11-213-3, business hours of operation within the C -G zoning district arelimited from 6 am to i i pm when the property abuts a residential use or district. Because a residential use abuts the site at the south boundary, business hours are limited to those stated. Extended hours of operation may be requested through a CUP. The !application does indicate the intent of the applicant is to have a 24 hour use however, n concurrent CUP application was not submitted with the subject annexation request. Nonconform III es associated with the site: Billboards: Currently, the site is developed with four (4) billboards signs (off premise signs) approved in the County. Under the City's ordinance this signs are prohibited and deemed illegal and must be removed within 60 days of annexation into the City. The applicant has requested that Council allow three (3) of the existing billboards to remain on the site to carry out the remainder of the existing lease, which is eleven (11) year. Vehicle Wrecking or Junk Yard: The junk yard use is a prohibited use in the C -G zoning district. Staff recommends that this use cease within 60 days of annexation into the City. Fencing: The site is currently surrounded by steel fencing. This material is not allowed to be used as fencing material per UDC I I -3A-7 and must be removed within 60 days of annexation into the City. Landscaping: Currently, the site does not meetthe landscape standards set forth in UDC 11-3 B. Because th€s property is slated for redevelopment, any new development proposed for the site must comply with all of these standards. Because this property is a single parcel, the applicant will be responsible installing the entire perimeter landscaping (e.g. 25 -foot wide landscape buffers along Fairview Ave., N. locust Grove Road and the southern boundary) with the first phase of development. Landscaping: A landscape plan was not submitted as part of this application, however; ail landscaping should comply with the standards listed in UDC 11-3 B. A 2$ -foot wide street buffer is required along M Locust Grove Road and E. Fairview Avenue which are both considered arterial roads, as well as along the southern boundary adjacent to the Mavea - AZ. H-20 t -0027 PAGE 7 EXHIBIT B-10 Exhibit A RAO zoning, district to the south (Keziah Subdivision). Ali landscape buffers are required to be landscaped in accordance with UDC 11 -3B -7C. If desired, the applicant can request Council waiver to reduce the 25 foot landscape buffer along the south, At this time, the applicant has not asked for a reduced buffer. Due to the existing watenvay along the south boundary there Is a good chance that there Is an existing irrigation easement along said boundary. Code allows a 5 -foot wide landscape buffer width outside of the easement where the buffer is encumbered by easements or other restrictions. Prior to the Commission hearing the applicant should submit a revised site plan that depicts the location of the irrigation's districts easement on the south boundary, Environmental Concerns: The DEQ is the department of the Idaho state government responsible for administration of state and federal environmental laws and regulations, including those related to air and water quality, DEQ does not regulate vehicle wrecking and salvage yards, however; they do investigate petroleum spills. According to no email response to a public records request from DEQ, there have been no violations on the property. Due to the length of time that the vehicle wrecking and junk yard use las been in place on the site, staff is concemed with the environmental quality of the site. Staff' recommends that phase i and phase 2 environmental assessments be performed on the site to ensure that there are no contaminants on the site. if contaminants are found, the applicant should work with the applicable federal and state agencies to remediale the site to the applicable standards prior to submitting a certificate of zoning compliance (CZC) application. Access: The property currently takes access from two (2) existing access points onto N. Locust Grove Road and one (1) onto E. Fairview Avenue. Staff supports of the applicant's request to have one right -in, right -out access to N. Locust Grove in alignment with E. Wilson Lane. With development of the property, the applicant proposes to utilize the existing cross access driveway to the west constructed with the Intermountain Outdoor Subdivision (PP -07.003), and will utilize a shared driveway with 137S E. Fairview, AVE, No direct access to E. Fairview with the redevelopment of the site. The UDC restricts direct access to arterial roadways such as N. Locust Grove and E. Fairview Avenue. ACHD supports the two (2) proposed accesses onto N, locust Grove Road, Staff does not support the full -access driveway proposed by the applicant, but does support the applicant's proposal to have one right-in/right-out access, UDC 11-3A-3 requires the applicant to seek Council's approval of the other access to Locust Grove Road. ACHD Comments: Fairview Avenue is scheduled in the IFYWP to be improved with curb, gutter and sidewalk between E. 3rd Street and Locust Grove Road in 2016. Fairview Avenue is listed in the CIP to be widened to 7 -lanes from Meridian Road to Locust Grove Road between 2017 and 2021, The applicant should be required to dedicate rigbt-of-way to total V -feet from centerliue of Fairview Avenue to accommodate future widening (approximately 16 -feet additional at the west end, and 134eet additional at the east end), This segment of Fairview Avenue is in the CIP, as is the Fairview/Locust Grove intersection, so the applicant will be compensated for right- of-way dedication. The applicant would typically be required to construct a sidewalk on Fairview Avenue. However, if the planned ACHD pedestrian improvement project on Fairview Avenue has been awarded to a contractor prior to submittal of the CZC application then the applicant is not responsible for sidewalk improvements. If the ACRD project has not been awarded, then the applicant will be Mavcrik - AZ H-2015-0027 PAGE S EXHIBIT B -11 Exhibit A required to construct the sidewalk in its ultimate location, or provide a road trust to ACRD for the cost of the improvements. The applicant should be required to dedicate additional I1-fect of right-of-way on Locust Grove Road for the Fairview/Locust Grove intersection project. This intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. The applicant should also provide adequate right-of-way at the comer of the intersection for future utility boxes and signal poles. In order to ensure that the site circulation will function as proposed by the applicant, staff recommends that the applicant submit a revised concept plan that incorporates ACI.1D ROW for the intersection Improvements, the 25 -foot wide landscape buffers on Fairview Ave and Locust Grove Road, the irrigation easement on the south boundary, a 5 -foot wide detached sidewalk on Locust Grove Road, and one (1) right-in/right-nut access to N. Locust Grove Road prior to the Commission hearing. Sidewalk: A minimum. 5 -foot wide detached sidewalk is required adjacent to E, Fairview Avenue, and around all buildings as well as those serving public streets in accord with UDC 1 I - 3A -17C. Locust Grove Road has an existing attached sidewalk. If additional right-of-way is needed by ACRD adjacent to N. Locust Grove Road, the applicant shalt construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. Parking: Per UDC I I -3C -6B, in commercial districts, one off-street parking space is required per $00 square feet of gross floor area, Additionally, per UDC 11 -3C -6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC I t -3C -5C. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC I 1-3A-15. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the A vehitectural Standards Manual. Conceptual building elevations for the future building were submitted by the applicant and included in Exhibit A.3. Building materials depicted on the plans for the building include stone veneer, rough sawn timber, and board and batten. The future building on this site shall. generally comply with the submitted elevations, including but not limited to, the design standards set forth in City ofMcridian Architectural Standards Manual (ASM). Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits, The applicant is required to obtain approval of a design mview application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary stafffinds the proposed project complies ivith the future land use map and applicable policies ofthe Comprehensive plan and the UDC ivith the conditions afapproval listed in Exhibit B. Based on the aforementioned analysis, srajf reconimends approval of the subject application, A. Drawings 1. Vicinity Map Maverik - AZ H-2015.0027 PAGE 9 NV411111:3111AMN Exhibit A 2. Proposed Concept Plan (dated: 04127115) 3. Proposed Elevations B. Agency & Department Conditions or Approval C. Legal Description and Exhibit Map for property to be annexed D. Required Findings from Unified Development Code MuYttik - AZ H-2016-0027 EXHIBIT 5 -13 PAGE 10 Exhibit A A. Drawings L Vicinity/Zoning Map Vicinity Map o oora 07l9es Rtt O,n 34Ut0Ii Ntaverlk A7. H-2016-0027 Cm,m117ka-I l! F,UP PAGE 20 Exhibit A 1, Concept Plan (NOT APPROVED) (dated; 04/27/15) 1 IIT- .-.. 5 1 r \ t 1 mrxa , 1 Q Mnvrrik — AZ H-2016-027 EXHIBIT B -15 PAGE 21 Exhibit A 2. Proposed Elevations I 1111 iM friM., I P I fl I 5115-fi MEMDLAN, IDAHO Mavcdk - AZ H-2016-0027 EXHIBIT B -16 Sm r. jzw PC I I, el Il PAGE 22 Exhibit A 'Mi1 -4 -d mill � NiavMk - AZ H-2016-0027 JZH 0 �filtlzilplffll? a r. Jzkl ICHII tal . PAGE 23 Exhibit A B. Conditions of Approval 1. PLANNING DMSI©N 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to artaexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of 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, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 1t - 3A -19 and the guidelines in the Atchitectural Standards Manual b. Prior to Planning and Zoning Commission bearing, the applicant submit a revised concept plan that incorporates ACHD ROSY for the Intersection Improvements, the 25 - foot wide landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation easement on the south boundary and the required landscape buffer, and a 5 -foot wide detached sidewalk on Locust Grove Road,-wd-etre-(1-}eight-inlrlght-out—a l:,euKt-Grove-Read. c. The junkyard use, fencing and file billboard nearest the corner+kk an eonfeattities aeeur g en -the site xlr yard use, iflegul 5;s„s and-feaeL9g4 shall be removed or cease within 60 days of annexation into the City. d. A minimum 25 -foot widc street buffer shall be constructed along the entire frontage of the site along E. Fairview Avenue and N. Locust Grove Road in accord with UDC 11-313-7C. Construct a minimum of 25 -foot wide landscape buffer abutting the residential property to tha south in accord with UDC 11-313-9C. All landscape and frontage improvement associated ' with the site including the landscape buffers and sidewalks shall be constructed with the first phase of development, e. The applicant shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. f. The applicant shall provide cross -access to 1375 E. Fairview Avenue (parcel # R4239560010) and to the southern Zpm;io the %mblect property; the cross -access agreement shall be recordcd prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Any future development of the site roust comply with the City of Meridian ordinances in effectat the time of development, h. The applicant shall complete phase i and phase 2 environmental assessments in accord with DEQ standards prior to submitting a certificate of zoning compliance application, i. The applicant shall extend server and water to the site with the development of the property. •, N. ,-Lori' Greve R eive�Rless4=e4ull aeaess ig [lpp�ay8d by CidSgynai[ in -sera with r DG 11 3A 3 j. No direct access to E. Fairview Avenue shall be permitted. k. The applicant is required to submit a Certificate of Zoning Compliance and Administrative Design review application for approval of the proposed use and site layout from the Planning Division prior to applying for a building permit application. Mavchk - AZ H•2016-0027 EXHIBIT B -18 PAGE 24 Exhibit A 1. Coordinate with City staff on bonding for the removal of the billboards once the lease terra has expired. m. Include the terms of the billboard leases as an exhibit in the development agreement, 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPi:cii:ic CONDITIONS or APPROVAL 2.1.1 Applicant shall be required to extend a sanitary sewer main in the driveway from the north driveway approach to the south to provide service to the future development on the south side of the overall parcel. 2.1.2 A street light plan will need to be included as part of the project plan submittal package. 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 littp://w%vw.meridiancity,org/publie works.aspx?ida272 2.2 GENERAL CONDITIONS Or APPROVAL, 2.2.1 Applicant shall coordinate water and sewer main size and routing for their project with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of public right-of-way. Minimum cover over sewer mains is three feet if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2,2 Per Meridian City Code (MCC), the applicant shall be responsible to install scorer and watcr 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 ensement(s) for all public water/sewer mains outside of public right of way (include all waterservices and hydrants). The casement 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 foram. The easement shall be graphically depicted on the plat for reference purposes, Submit an executed casement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the casement (marked EXl-11BIT A) and an 81/2" x I I" map with bearings and distances (marked EXHWIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. pp NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 1213-8.3). The applicant should be required to use any existing surface or well water for the primary source. If surface or well source is not available, a single -point connection to the culinary water system shall be required. if a single -paint connection is utilized, the devcloper 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 arc required to be removed shalt be prior to signature on the final plat by the City Engineer. 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 orregulatiom Maverik - AZ H-201"027 FOR III 11-.1k11"A M1N PAGE 25 1011t,11741 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9 -IA 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 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 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 pian approval letter. 2.2.11 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. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.14 All grading of the site shall be performed in conformance with MCC I 1-12-3H. 2.2.15 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. 2.2.16 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. 2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.18 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. 12,19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the forret 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. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICEDEPARThtENT Maaerik - AZ H-2016-0027 PAGE 26 VHISIT B - 20 Exhibit A 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARDIENT 5.1 The Parks Department has no concerns related to this application. 6, REPUBLIC SERVICES 6.1 The applicant shall coordinate with Republic Services on the size and location ofthe trash enclosure. 7. ADA CoUN'PY HIGi %%IAY D1sTRIcT 7.1 This application is for annexation/ rezone. When ACHD receives a development application for a specific development, ACHO will set forth site specific conditions of approval, as noted below. 7.1.1 Dedicate 13 to 16 -feet ofright-of-way on Fairview Avenue. This segment ofFairview Avenue and the intersection is in the CIP, so the applicant wilt be compensated for right-of-way dedication. 7.1.2 Dedicate I I -feet ofright-of-way on Locust Grove Road. The Fairview/Locust Grove intersection is in the CIP, so the applicant will be compensated for eight -of -way dedication. Include a triangle at the comer of the intersection to accommodate utility boxes and poles. 7.1.3 The applicant would typically be required to construct a sidewalk on Fairview Avenue. However, if the planned ACRD pedestrian improvement project on Fairview Avenue has been awarded to a contractor prior to submittal ofthe CZC application. then the applicant is not responsible for sidewalk improvements. Ifthe ACHD project has not been awarded, then the applicant will be required to construct the sidewalk in its ultimate location, or provide a road trust to ACRD for the cost of the improvements. MA Utilize the existing shared right-in/right-out driveway on Fairview Avenue, located 390 -feel west of 1` Locust Grove Road. If not existing already, provide a cross access agrecriuent. -_ 7.1,5 Reconstruct the right-in/right-out driveway on Locust Grove Road located 280 -feet south of Fairview Avenue as a curb return type driveway, The driveway shall be constructed as a 24 to 30 -foot wide curb return with minimum 15 -foot radii, and paved back a minimum of 30 -feet from the edge of pavement of Fairview Avenue. 7.1.6 Close the existing driveway an Locust Grove Road located 413 -feet south of Fairview Avenue, with curb, gutterand sidewalk to match existing improvements, 7.1.7 Construct a full access driveway an Locust Grove Road located in alignment with Wilson Lane. The driveway shall be constructed as a 30 to 36 -foot wide curb return with minimum 15 -foot radii, and paved back a minimum of 30 -feet from the edge of pavement of Fairview Avenue, 7.1.8 Payment of impacts fees are due prior to issuance of 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 ACRD right-of-way. Mnvenk - A2. H•2016-0027 PAGF 27 EXHIBIT B - 21 Exhibit A 71.3 In accordance with Districtpolicy, 7203.3, the applicant maybe required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant`s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or casement areas. 7.2.6 All utility relocation costs associated with improving street frontnges 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 ACRD Traffic 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 we not allowed unless approved in writing by the District. Contact the District's UtilityCoordinatorat 387-6258 (with file numbers) for details, 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State ofldaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. / 7.111 No change in the terns and conditions of this approval shall -be valid unless they are in writing and tt 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 Planting 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 waiverlvariance of the requirements or other legal relief is granted by the ACHD Commission. Mavcrik - AZ H-2016-0027 EXHIBIT B - 22 PACK 28 C, Lcgal Description and Exhibit Map 4wReeve +<; Associates, Inc. 02-18.16 Exhibit A MERIDUN IDAHO LEGAL DESCRIPTION PARTOf THENORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE I EAST, BOISEWRI1NAN, DESCR18E1) AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OFFAIRVIEW AVENUE, SAID POINT BEING NSV53'54-W ALONG THE SECTION LINT; 80,82 FEE -AND S00'0SW W 28.92 PERT l' ROM THE NORTHEAST CORNER OF SAID SECTION?; THENCE S46'I73rE 45.48 FEET TO THE WESTERLY RIGHTOF WAY LINE OF LOCUST GROVE ROAD, THENCE DUE SOUTH ALONG SAID WrSTGRLY RIGHT OF WAY LINE, 678.05 FEET TO THE NORTH LINE OF KMAH SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COMES, (1) N1744FO01W 304.99 FEET; (2) N5504T001W 117.23 FEET; AND (3) S84°25'50"W 48.86 FEET; THENCE N00°00'15'E 325.80 FEET; THENCE N21 -56'21"R 86,88 PEETTOTH9SOUTHERLY RIGHT OF WAY LINT: Or FAIRVIEW AVENUE, THENCE SS9°58'54"E ALONG SAID SOUTHbRLY RIGH 1'0F WAY Lft, 267.13 PFEI-1 G-mii Poll OF REOINNINO, CONTAINING 170,190 SQUARE FEET OR 3,907 ACRES MnvcHk - AZ H-2016fi027 EXHIBIT 8 - 23 PAGE29 Exhibit A EXHIBIT EXHIM UAP TO A=UPANY LEGAL 0>: MPT10N MlNWTION Ar*A VMNAN, IDMO Ywawmw "Air "��� j uauniusr tmru�e o� Mavcnk - AZ H-2016-0027 EXHIBIT S - 24 PAGE 30 Exhibit A D. Required Findings from Unified Development Code I. Annexation & zoning Findings: Upon recommendation from the Commission, the Council shall snake a full investigation and shall, at the publ[c hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds the proposed annexation with the C -G zone is consistent with the proposed Commercial future land use designation, b. Tito map amendment complies with the regulations outlined for the proposed district, spocifically the purpose statement; The Commission finds that the proposed map amendment to the C -G zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materio4y detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, the Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse Impact upon the delivery of services by nay political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in oily 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 (UAC i 1,5B -3,E). Per the above findings, the Commission finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and ceases the use of the junk yard operations and remediates the site in accord with DEQ standards, removes the metal fencing, immediately removes one billboard and bonds for the removal of the remaining billboards once the terms of the [cases have expired. Mavcrik AZ H-2016-0027 EXHIBIT B - 25 PAGE 31 EXHIBIT C EXISTING BILLBOARD LEASES CAN"N Outdoor Media, LLC PO Box i 6661 Bolsa, Eli 8371 S OUTDOOR ADVERTISING GROUND LEASE AGR.EEWNT 13Y THIS LEASE AGREEMENT, made this day of s�� �,C a r + , 206 by and between (liminaAer called "Lessor), and Canyon Outdoor Media LLC, (hcminafrcr called "Lesseo"), the parties agree to the below described terms and conditions. 1. Lessor hereby leases to Lessee, a tmcl of land (hgreinaRer cal d the "Lease Site") located ret S-/ ti r rt 1f�x Lt'1 K f.4 rs i . for the purpose of erecting and mUn—WrAng an outdoor advertising structure together with the necessary easements, right"f--way and access over and across the Lessor's premises for the construction, maintenance, servicing and removal ofsaid advertising structure, subject to the terms and conditions set forth herein. Lessee bas the right to establish, at Lessee's expense, electrical service across Lessor's property to said outdoor advertising structure. Lessor well not tease or allow any portion of said property to be utilized for the purpose of outdoor advertising other than to the lessee. Lessor represents and warrants that the Lessor is the authorized agent / Owner of the above described premises. 2. ?bis Lease shall be for it term of't'en (f 0) years, commencing on the first day of the month following tee erection of the advertising structure ("Sign Completion Date"), lessor grants to lessee the right to renew this agreement for an addhitipal Ten (10) year term. ( 3. As consideration for the rental of the Lease site, easements and rights herein provided, Lessee shall pay the passor the sum of, ,rl_CG� /elm+» (S �—' )per year. AF Z9eugr5;rdr l;it^z y.uorl d. lessee will be responsible for obtaining any and all pmm its required to erect and maintain an outdoor advertising structure. Lessor will cooperate, ifncedcd by Lessee, in signing any forms, affidavits, etc, that may be required of the Lessee by the city, county or state. 5. Lessee shall maintain sole ownership and exclusive rights to any permits obtained associated with the outdoor advertising struclum. G. Lessee and Lessor acknowledge and agree that all outdoor advertising structures, materials and equipment placed upon the Lease site by the Lessee are and shall remain the property of Lessee and shall not be considered "fixitu es" of 1he property and may be removed by the Lessee within ninety (90) days upon terminaton of "s Lease or any extension thereof. 7. Lost agirees to erect thv outdoor advertising Structure in accordance with all applicable laws and all local ordinances. S. Lessee agrees to save Lessor harmless from any and all claims or damage, caused by or resulting from any negligent or willfnl act of Lessee or Lessee's agents oremploycm in the construction, maintenance, repair, alteration or removal ofLessec's equipment on the property. Lessee agrees to carry, at its own expense, adequate liability insurance covering any such contingency so long as this lease remains In effect. Lessor agrees to save Lessee harmless from any and all claims or demands on account ofbodity injury or physical property damage caused by or resulting from any negligent or willful act of i..essoror Lessor's agents or employees. 9. Lessee has the right to remove or trim any tree or foliage that might block the view of the outdoor advertising display or copy from the highway, subject to approval from the Lessor, not to be unreasonably withheld. EXHIBIT C - 1 IG. Lessor will not erect any stn CI= or signage that interfere with the view of the outdoor advertising display or copy from the adjacent Hghoof--way. 11. If for any reason, Lessee is unable to build or maimnin nn outdoor advertising structure, to Lessee's satisfaction, on the Lease site, at Lessee's option Lessee may cancel this Lease upon Thirty (30) days prior written notice to Lessor. 12. This Lease shall be binding upon the Parties hereto, their mspective heirs, personal reptesentadves, successors, trustees and assigns. This Lease is assignable, 13. In the event of condemnation by any Inwful government authority, Lessee shall have the right to participate in any condemnation award or settlemeat to the extent of -the Lessee's damages for, the loss of the use of the outdoor advertisbig structure(s), the cost of temaval from or replacement of on the above described premises, and the loss of the leasehold intetrgt 14. Lessor shall have the right to utilize vacant ndvettising spact, for the business located on said property. Lessor shall pay all production cost 15. It is expressed and understood that ail Information contained herein is strictly confidential. 16. Lessee shall deliver to Lessor, upon signing thls agrcanrenl, a check for One Hundred Dollars (5100.00) for earnest money. 17. This agreement may not be modified except in writing signed by Lessor and Lessee. 18. Lessee shall have the right of first refusal on said billboard location and/or said property. IN Wr(WESS WHEREOF, the parties hereto have executed this Lease as ofthe day and year Inst Above written. CANYON OUTDOOR MEDIA L.L.C. LESSEE- Name:�o EXHIBIT G - 2 LESSOR: e-� y Name: Outdoor Media, LLQ 6354 N. Park Meadow way Suite®207 liaise, Iddto 83713 pdttxae 208.938,8880 fez 208.93t1.88S0 OUTDOOR ADVERTISING GROUND LEASE AGREEMENT BY THIS LEASE AGREEMENT, made this 6 'day of %� 2006 by and between 4fe} %�t (hereinafter called Lessor"), and Canyon Outdoor Media LLC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditlons. 1. Lessor hereby leases to Lessee, a tract of land (hereinafter called the "Least Site") located at , y /S r-- 14Pr&,-x. �r 3 for the purpose oferecting and maintaining an outdoor advertising structure together with the necessary easements, rights of -way and access over and across the Lessor's premises for the construction, maintenance, servicing and removal ofsaid advertising structure, subject to the terms and conditions set forth herein. Lessee has the right to establish, at Lessee's expense, electrical service across Lessor's property to said outdoor advertising structure. Lessor will not lease or allow any portion of said property to be utilized for the purpose of outdoor advertising other than to the lessee. Lessor represents and warrants that the Lessor is the authorized agent / Owner ofthe above described premises. 2 This Lease shall be for a term ofTen (10) years, commencing on the first day of the month following the erection ofthe advertising structure ("Sign Completion Date'). Lessor grints to lessee the right to renew this agreement for an additional Ten (10) year term 3. As consideration for the rcntal of the tease sitess easements and rights herein provided, Lessee shall pay the Lessor the sura of eG %%) c�K�S �n �Y _ (S.per year, A. Lessee will he responsible for obtaining any and all permits required to erect and maintain an outdoor advertising structure. Lessor will cooperate, if needed by Lessee, in signing any forms, affidavits, etc. that may be required of the Lessee by the city, county or state. 5. Lessee shall maintain sole ownership and exclusive rights to any permits obtained associated with the outdoor advertising structure 6. Lessee and Lessor acknowledge and agree that all outdoor advertising structures, materials and equipment placed upon the Lease site by the Lessee are and shall remain the property of Lessec and shall not be considered "fixtures" of the property and may be removed by the Lessee within ninety (90) days upon termination ofthis Lease or any extension thereof. 7. Lessee agrees to erect the outdoor advertising structure in accordance with all applicable laws and all local ordinances. 8. Lessee agrees to save Lessor harmless from any and all claims or damage, caused by or resulting from any negligent or willful act of Lessee or Lessee's agents or employees in the construction, maintenance, repair, alienation or removal ofLessee's equipment on the property. Lessee agrees to carry, at its own expense, adequate liability insurance covering any such contingency so long as this lease remains in effect. Lessor agrees to save Lessee harmless from any and all claims or demands on account of bodily injury or physical property damage caused by or resulting from any negligent or willful act or Lessor or Lessor's agents or employees, 9. Lessee fins the tight to remove or trim any tree or foliage that might block the view of the outdoor advertising display or copy from the highway, subject to approval from the Lessor, not to be unreasonably withheld. EXHIBIT C - 3 10. Lessor will not erect Any structure or signagc that interfere with the view of the outdoor advertising display or copy from the adjacent right-of-way. tL If for any reason, Lessoo is unable to build or maintain an outdoor advertising structure, to Lessee's satisfaction, on the Lease site, at Lessee's option Lessee may canal this Least upon Thirty (30) days prior written notice to Lessor. 12. Thu Lease shall be binding upon the Parties hereto, their respective heirs, persoaal representatives, successors, trustees and assigns.'Mis Lease is assignable. 13. In the event ofcondemmulon byaay lawful governmentauthority, Lessee shall have the right to participate in any condemnation award or senlemeat to the extent of the Less= -s damages for: the loss ofthe use of the outdoor advertising struciure(s); the cost ofremoval from or replacement ofon the above described premisas; and the loss of the leasehold interest. 14. Lessor shall have the right to utilize vacant advertising space, for the business loaned on said property. Lessor shall pay all production cost 15. It is expressed and understood that all information contained herein is strictly confidential. 16. Lessce shall deliver to Lessor, upon signing this agreement, a check for One Hundred Dolfan (S 100.00) for earnest money. 17. This agreement may not be modified except in writing signed by lessor and Lesser:. 18. Lessee shall have the right of forst refusal on said billboard location and/or said property. IN IMITNESS WHEREOF, the patties hereto have executed this Lease as of the day and year first above written. CAWON OUTDOOR MEDIA L.L.C. LESSEE: LESSOR: By. Bye` Name: tK ,- % t ' � Ce"2 Name M 1400011 Slue! (ANY N Outdoor Media, LLC PO Dox 16661 Boise, Id 83715 OUTDOOR ADVERT1SM GROUND LEASE AGREEMENT SY T HIS LEASE AGREEMENT, made this,__ aL day of t � l , 2006 by and between k (hereinafter called "Lessor"), and Canyon Outdoor Media LC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditions. 1. Lessor hereby leases to Lessee, a tract of had Abminofter called the "Lease Site") located at/5/5- -- r 'r!, a? e.a, Jk Pit t a—Y �--d for the purpose of erecting and maintaining an outdoor advertising structure together with the necessary easements, rigbis-of-way and access over and across the Lessor's premises for the construction, maintenance, servicing and removal of said advertising structure, subjectto the terms and conditions set forth herein. Lessee has the right to establish, at Lessee's expense, electrical service across Lessor's property to said outdoor advertising structure. Lessor will not lease or allow any portion of sald property to be utilized for the purpose of outdoor advertising other than to the lessee. Lessor represents and warrants that the Lessor is the authorized agent ! Owner of the above described premises. 2. This Lease shall be for a tern of `ren (10) years, commencing on the first duty of the month following the erection oftho advertising structure ("Sign Completion Date"). Lessor grants to lessee the right to renew this agreement for an additional Ten (10) year terra. 3. As consideration for the rental of the Lease site, easements and rights hcivin provided, Lessee shall pay the Lessor the sum orz (S } per year. 0 OF/ oe,,. fasr� yrcavo�,o���. �tur�p�re�, G�r`Z h. Lessee will be responsible far o atut fats any an alt pennies required to erect and maintain an outdoor advertising structure. Lessor will cooperate, ifnceded by Lessee, in signing any forms, affidavits, etc, that may be required ofthe Lessee by the city, county or state. S. Lessee shall maintain sole ownership and exclusive rights to any permits obtained associated with the outdoor advertising structure. 6. Lessee and Lessor acknowledge and agree that all outdoor advertising structures, materials and equipment placed upon the Lease site by tate Lessee etre and shall remain the property ofLessee and shall not be considered "fixtures" of the property and may be removed by the Lessee within ninety (90) days upon termination of this Lease or any extension thereof. 7. Lessee agrees to erect the outdoor advertising structure in accordance with all applicable laws and all local ordinances. 8. Lessee agrees to save Lessor harmless from any raid all claims or damage, caused by or resulting from any negligent or willful act of Lessee or Lessee's agents or employees in the construction, maintenance, repair, alteration or removal of Lessee's equipment on the property. Leasee agrees to caury, at its own expense, adequate liability insurance covering any such contingency so long as this lease remains in effect. Lessor agrees to save Lessee hamtless fom any and all claims or demands on account of bodily injury or physical property damage caused by or resulting tiom any negligent or willful act of Lessor or Lessor's agents or employees. 9. Lessee has the right to remove or trim any tree or foliage that might block the view of the outdoor advertising display or copy from the highway, subject to approval from the Lessor, not to be utu=onably withheld. EXHIBIT C a 5 10. Lessorvrill not Mixt any struetute or signage that Interfere with the view of the outdoor advcrtis'uis display or copy from the adjacent right-of-way. 11. If for any reason, Lessee is unable to build or maintain an outdoor advcttising structure, to Lessee's satisfaction, on the Lease site, at Lessee's option lessee may cancel this Lease upon 7111rty (30) days prior written notice to Lessor. 12. This Lease shall be binding upon the Parties hereto, their resptetive heirs, peraonnl representatives, successors, trustees and assigns. This Lease is assignable. 13. In the event of condemnation by any lawful government authority. Lessee shall have the right to participate in any condemnation awerd or settlement to the extent of the Lessee's damages for the loss ofthe use ofthe outdoor advertising strucntst(s); the cost of removnl &otn or replacement of on the above described premises, and the loss of the leasehold interest 14. Lessor shall have the right To utilize vacant advertising space, for the business located on said property. Leswr shall pay all production cost 15. It is expressed and understood that all information contained herein is strictly confidential. 16. Lessee shall deliver to Lmor, upon signing this agreement, a check for One Hundred pillars ($100.00) for earnest money. 17. This agreement may not be modified except in writing signed by Lessor and Lessee, 16. Lessee shall have the right of first refusal on said billboard location and/or said property. IN WITNFSS WRI REQF, the parties hereto have executed this Lease as of the day and year first above wrinen. CANYON OUTDOORMEDTA L,L,C. LESSEE: LESSOR: By 'Nnnte 2-r✓ Name: fp—Q EXHIBIT C - 6 EXHIBIT D LETTER FROM BILLBOARD LESSEE AND LESSOR CAN"N Outdoor Media, l,i.0 1._ RO tiox 7561 Boase, Ib 83119 � _ _ 12127/2016 Russ Burger AMT Parts and Recyclers 1515 Eusl Fairview Ave_ Meridian Idaho, R36 2 Re: Clarity of End datt of Billboard Lease(s) Located at 1515 East rairtrie%k Ave. Meridian Idaho, 83642. Dear Mr. Charger. ` As per our discussions: The Lease(s) located at the above mentioned address twill end as of September 2027. As per our T.en&e Agreement Cntiyon Otatdoor Media LLC, vAll remove everydting above ground level at'said Billboard stntcturts within 30 days of the Lcase(s) ending. This is not nssignahle unless agwed by both parties, I hope this gives you some claritp: Unve nguin I nut looking forward to doing Business with you in the future. Thatllc you l`ur your lite and attention to this matier 5int:errly, c Curtis soo�. Itu- Rargc Canyon Outdoor Mcdia L.L.C. AIM r fort. , nd Rcc�clers EXHIBIT D -1 EXHIBIT E SURETY AGREEMENT City of Meridian SURETY AGREEMENT FOR BILLBOARD REMOVAL Maverik Incorporated THIS SURETY AGREEMENT (this Surety Agreement) is made and entered into this day of 2017 by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as "City", and MAVERIK, INC., a Utah corporation, hereinafter referred to as `Developer." WITNESSETH: WHEREAS, Developer received approval from the City on June 21, 2016 for the annexation and zoning of 3.877 acres of real property ("Development Site") located at the SW corner of E. Fairview Ave and N. Locust Grove Road in the City of Meridian and more particularly described on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the Development Site currently has four billboard signs that were previously approved by Ada County. The billboards would otherwise be prohibited under City's ordinance and would need to be removed within 60 days of annexation into the City; and WHEREAS, Developer has received approval from the City Council to allow three of the existing billboards to remain on the site under certain conditions, and the City Council has required that one billboard be removed within 60 days of annexation. The location of the billboards is illustrated in Exhibit B, attached hereto and incorporated herein by this reference; and, WHEREAS, The City Council's approval of the annexation and rezone of the Development Site contains a condition by which Developer must cause the removal of the three remaining billboards within thirty (30) days of the termination of the current Outdoor Advertising Ground Lease Agreements, which termination date is September 30, 2027; and WHEREAS, the billboard lessee, Canyon Outdoor Media, LLC ("Canyon"), has executed and provided to the current owner of the Development Site (Russ Barger) a letter confirming that Canyon has agreed to remove the billboards within thirty (30) days of the September 30, 2027 termination date. A copy of the letter from Canyon to Russ Barger is attached hereto and incorporated herein by this reference as Exhibit C; and, WHEREAS, the City has required that Developer provide a bond to assure removal of the three billboards in the event that Developer and/or Canyon fail to remove the billboards as agreed. NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the parties, it is hereby agreed as follows: 1 . The above Recitals are incorporated herein by this reference. 2. The Developer agrees that the obligation to remove all remaining billboards from the Development Site shall be completed on or before October 30, 2027 (said date being thirty (30) days after the termination date of the Outdoor Advertising Ground Lease Agreements), The Developer shall be jointly and severally liable to the City for any and all loss and damage from any failure of this obligation, either from the greater expense of the City removing the billboards, or from any other cause related to Developer's failure to completely remove the billboards and restore the Development Site to its condition existent prior to undertaking such removal by filling any holes and repairing the surface to match the surrounding area, which expense shall not be limited by any surety. EXHIBIT E - 'I 3. Upon execution of this Agreement, the Developer shall deliver to City a performance surety (Irrevocable Letter of Credit, Corporate Surety Bond or Cash Deposit) ("Performance Surety") for the purpose of assuring Developer's full and faithful completion required removal of the billboards as set forth in this Agreement. The amount of the Performance Surety shall be the sum of $20,000A0. 4. The amount of such Performance Surety Is based upon the Developer's best estimate of the cost of removing the billboards. City's acceptance of such assurance shall not be construed as a limitation on the amount which may be spent and recovered on completion of the required removal of the billboards. S. At such time as all billboards have been removed in accordance with this Agreement, the Developer shall notify the City of the readiness for final inspection and request that City release the Performance Surety. Upon certification by the Director of Community Development, or designee, or other authorized agent of City that all requirements of this Agreement have been met, City shall take all necessary actions to release the Performance Surety. IN WITNESS WHEREOF, the parties shall cause this Surety Agreement to be executed by their duly authorized officers the day and year first above written. [Signatures on following pages] EXHIBIT ie - 2 DEVELOPER: Maverik, Inc., a Utah corporation By: Name: Title: STATE OF ss: County of ) On this day of, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared _, known or identified to me to be the of Maverik, Inc., and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: EXHIBIT E - a CITY OF MERIDIAN: Tammy de Weerd, Mayor STATE OF IDAHO ) ss County of Ada ) On this day of , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) EXHIBIT E - 4 Notary Public for Idaho Residing at: Commission expires: EXHIBIT E - 5 EXHIBIT" A Legal Description and Exhibit Map (&Reeve & Associates, Inc. 3.2.7-17 MERIDIAN, IDAHO LEGAL DESCRIPTION PART OF NOPTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT APOINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD, SAID POINT BEING SOUTH 60.20 FEET AND WEST 48.00 FEET MOM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLYRIGHT OF WAY LINE OFLOCUST GROVE ROAD THE FOLLOWING (2) TWO COURSES; (1) SOUTH 240.79 FEET AND (2) THENCE S00°38'30'E 443.33 FEET; THENCE N37°48'51"W 312.79 FEET; THENCE X55°47'51 "W 117.23 FEET; THENCE S84117'211W 48:98 FEET; THENCE N001100'1511E 326.80 FEET; THENCE N21°56'21'E 80.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; (1)N89"34'29'E 28.09 FEET AND (2) S88°46'30'E 253.48 FEET; THENCE S46° 17'39"E 29.01 FEET TO THE POINT OF BEGINNING. CONTAINING 168,903 SQUARE FEET OR 3.877 ACRES solutions You Cnn Build Onn' Civil Engineering. lAnd Surv*ing-Coo amW tm Surveying 5160 South 1100 West-Wverdxlo,Uiatr 04405 -Td: 801621-3100. F= 801621-2666 ogft@roeve-a=,_eom . reeva,amoccom EXHIBIT E - 6 NORTH OUARIER OORNIN OF BkxRON 7, Tdk1SIGP 3 NORRN, RANGE 1 E16T, SRJRVEY, FOUND BRASS c�P MONUMENT asnn•:e naY EXHIBIT E KBIT MAP TO ACCOMPANY LEGAL DESCRIPTION ANNEXATION AREA MERIDIAN, IDAHO NORTHEAST CORNER OF Nti953'S4 W 2641.07 SFCWH 7, TVNNW 3 RANGE 1 EAST, F/&tVRW AvEt+uC y [idEE LIou" Umm .S. `Tic,. R, CSM wuvwir FOUND REW WD CAA HARM CSC PLS 'Sofia EXHIBIT B r 7 eeve AFsodntn,llre. S spar swRi i� � R I tt , M' 1 021-2ffix w 1YrsI *Monk= Lna�mxm ��si aavaa c�.a�s.umarsxm� mavark IDC. maddiaa, Ids11a EXHIBIT B Billboard Location Depiction EXHIBIT C — Canyon Letter Outdoor Media, LLC ll PO Sox 16661 Balsa, ID 83715 12/27/2016 Russ Barger AMT Parts and Recyclers 1515 East Fairview Ave. Meridian Idaho, 83642 Re: Clarity of End date of Billboard Lease(s) Located at 1515 East Fairview Ave. Meridian Idaho, 83642, Dear Mr. Barger, As per our discussions: The Uase(s) located at the above mentioned address will end as of September 202'7. Asper our Lease, Agreement Canyon Outdoor Media L.L.C. will remove everything above ground level or said Billboard structures within 30 days of the Lease(s) ending. 'I'his is not assignable unless agreed by both parties, I hope this gives you some clarity. Once again I am looking forward to doing Business with you in the future. Thank you for your time and attention to this matter. Sincerely, CU1:tis7-Ma§S-01C1KT -Russ Barg Canyon Outdoor Media L.L.C. AMT Part Recyclers Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7L PROJECT NUMBER: ITEM TITLE: Surety Agreement between City of Meridian and Maverik, Inc. for property located at Locust Grove/Fairview MEETING NOTES Yf APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051906 BOISE IDAHO Pgs=16 LISA BATT 06/08/2017 12:39 PM CITY OF MERIDIAN, IDAHO NO FEE SURETY AGREEMENT City of Meridian SURETY AGREEMENT FOR BILLBOARD REMOVAL Maverik Incorporated THSURETY AGREEMENT (this Surety Agreement) is made and entered into this day of ,P SURETY 2017 by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as "City", and MAVERIK, INC., a Utah corporation, hereinafter referred to as "Developer," WITNESSETH: WHEREAS, Developer received approval from the City on June 21, 2016 for the annexation and zoning of 3.877 acres of real property ("Development Site") located at the SW corner of E. Fairview Ave and N. Locust Grove Road In the City of Meridian and more particularly described on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the Development Site currently has four billboard signs that were previously approved by Ada County, The billboards would otherwise be prohibited under City's ordinance and would need to be removed within 60 days of annexation into the City; and WHEREAS, Developer has received approval from the City Council to allow three of the existing billboards to remain on the site under certain conditions, and the City Council has required that one billboard be removed within 60 days of annexation. The location of the billboards is illustrated in Exhibit B, attached hereto and incorporated herein by this reference; and, WHEREAS, The City Council's approval of the annexation and rezone of the Development Site contains f a condition by which Developer must cause the removal of the three remaining billboards within thirty (30) _.. days of the termination of the current Outdoor Advertising Ground Lease Agreements, which termination date is September 30, 2027; arid WHEREAS, the billboard lessee, Canyon Outdoor Media, LLC ("Canyon"), has executed and provided to the current gwner of the Development Site (Russ Barger) a letter confirming that Canyon has agreed to remove the'billboards within thirty (30) days of the September 30, 202T termination date, A copy of the letter from Canyon to Russ Barger is attached hereto and incorporated herein by this reference as Exhibit C; and, WHEREAS, the City has required that Developer provide a bond to assure removal of the three billboards in the event that Developer and/or Canyon fail to remove the billboards as agreed, NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the parties, it is hereby agreed as follows: 1. The above Recitals are incorporated herein by this reference. The Developer agrees that the obligation to remove all remaining billboards from the Development Site shall be completed on or before October 30, 2027 (said date being thirty (30) days after the termination date of the Outdoor Advertising Ground Lease Agreements), The Developer shall be jointly and severally liable to the City for any and all loss and damage from any failure of this obligation, either from the greater expense of the City removing the billboards, or from any other cause related to Developer's failure to completely remove the billboards and restore the Development Site to its condition existent prior to undertaking such removal by filling any holes and repairing the surface to match the surrounding area, which expense shall not be limited by any surety. CITY of MERIDIAN- SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED — PAGE 1 of 8 8. Upon execution of this Agreement, the Developer shall deliver to City a performance surety (irrevocable tetter of Credit, Corporate Surety Bond or Cash Deposit) ("Performance Surety') for the purpose of assuring Developer's full and faithful completion required removal of the billboards as set forth in this Agreement. The amount of the Performance Surety shall be the sum of $20,000.00. 4. The amount of such Performance Surety is based upon the Developer's best estimate of the cost of removing the billboards. City's acceptance of such assurance shall not be construed as a limitation on the amount which may be spent and recovered on completion of the required removal of the billboards. 5, At such time as all billboards have been removed in accordance with this Agreement, the Developer shall notify the City of the readiness for final inspection and request that City release the Performance Surety. Upon certification by the Director of Community Development, or designee, or other authorized agent of City that all requirements of this Agreement have been met, City shall take all necessary actions to release the Performance Surety. IN WITNESS WHEREOF, the parties shall cause this Surety Agreement to be executed by their duly authorized officers the day and year first above written. [Signatures on following pages] Crry of MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORP'OAATI o PAGE 2of 8 DEVELOPER: Maverik, Inc.,,4ULab&Qrgo ration By: Name: r Title: STATE OF —V?O tt ss: County of On this I day of 2 17 before me, the undersigned, a Notary Public in and for said State, personally appeared _ >� known or identified to me to be the _PP a- of Maverik, Inc., and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written, s Notary Public for Residing at: t My Commission Expires: I CITY OF MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED — PAGE.3of 8 City of CITY OF MERIDI SEAL -Z Vps \If. By; sTATE or IDAHO ! County of Ada 41 —day of 2017, before me, a Notary Public, person On thls—,�-- a I I Y C&V, A 11L Kei appeared and Q, Jay. Wes, know .or identified to me to be the and Clerk, PJA' 13i;d respectively, of the Qity of Meridian, who. executed the Instrument. or the person that exeouted the Imtrurnent of behalf of said City; .and acknowledged to me that such City executed the samo4 IN WITNESS WHIEHREOr, I have hereunto set my hand and affixed my official seal. the day and year In this certificate first above written, 0 • + (SEAL) ilk rte. A wil 0 0 Notarytj? ublio forAaho Residing at; . C�A ij Oommission expires: CITYOFMERIDIAN- SURETY ACEI MENTFQR BILLBOOD REMOVAL- MAV�RIKIN06RP09ATED—PAaE.4of 8 EXHIBIT A Legal Description and Exhibit Map 3-27-17 NMRIDIAN, IDAHO LEGAL DESCRIPTION PART OF NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, U.S. SURVEY, DESCRIBED A.8 FOLLOWS: BEGINNING AT APOINT ON TETE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD, SAID POINT BEING SOUTH 60.20 FEET AND WEST 48.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD THE FOLLOWING (2) TWO COURSES: (1) SOUTH 240.79 FEET AND (2) THENCE S00°38'30'E 443.33 FEET; THENCE N37048'51"W 312.79 FEET; THENCE N55047'51"W 117.23 FEET; THENCE S84017'21 "W 48.98 FEET; THENCE N00°00'15"E 326.80 FEET; THENCE N21°56'23'ti 80.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: (1) N89 -34'29'E 28.09 FEET AND (2) S88°400"E 253.48 FEET; THENCE S46017'39'E 29.01 FEET TO'THE POINT OF BEGINNING. CONTAINING 168,903 SQUARE FEET OR 3,877 ACRES Solutions You Can Build On- OvilE4natiag.LnndPlmAng•SMkfurzdE4neniag.La dwupcArchitocdcre. Laud Surveying- Construction Surveying 5160 South 1500 Wtct+Rlvtrdale,Ulah 83405 -Tel; 801-6213100.F= 801.621.2466 agdtu�oevcassoecom . rtcvc-Omoacum ' " CITY OP MEIIIbIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL- MAVERiK INCORPORATE)— PAGE 50f 8 Flom QURM COMM Of SM'WN 7, TOYlNS O J NORTH, RmGE 1 ffisr, EDtSE AtE7ttOLk.'L, U.S. SURVEY. f0U110 A11 —4f AP 1+ONU4fw EXHIBIT A Legal Description and Exhibit Map EXHIBIT EXHIBIT MAP TO ACCOMPANY LEGAL. DESCRIPNON ANNEXATION AREA MERIDIAN, IDAHO WMEAST ODAN R Of N895J'39 W 264i.O7 SECTM 7, TOWdShV 3 N9F 1 f_sT, f v9EW �vEHUE aYSE {lmmFO= u_-, MM w %(Of9uiw 9dV3f(F� = RA 6082 SCALE 1`=100' As+oda6n, Inc. 3= 6196 mul 15A vm 1 a -Jim I) 6Yf-Ma1 LIO� ® 1+t[lf=RC PPIR Maumlk, lac. meAdlan, IWO CITY OF MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL- MAVERIK INCORPORATED—PAGE hof 8, Billboard Location Depiction CITY OF MERIDIAN- SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED— PAGE 76f 8 EXHIBIT C — Canyon Letter CAW, IN Outdoor Media, LLC PO Box 1 1 Boise, ib 8371 5 12/27/2016 Russ Barger AMT Parts and Recyclers 1515 East Fairview Ave. Meridian Idaho, 83612 Re: Clarity of End date of Billboard Lease(s) Located at 1515 East Fairview Ave. Meridian Idaho, 83642. Dear Mr. Barger, As per our discussions: I he Lease(s) located at the above mentioned address will end as of September 2027. As per our Lease Agreement Canyon Outdoor Media L.L.C. will remove everything; above ground level of said Billboard structures within 30 days of the Lease(s) ending This is not assignable unless agreed by both parties. I hope this gives you some clarity. Once again I am looking forward to doing Business with you in the future. Thank you for your time and attention to this matter. Sincerely, — } i Curtis sou . Russ Barge Canyon Outdoor Media L.L.C. AMT Port' and Recyclers CrrY OF MERIDIAN -SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED— PAGE Sof 8 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING THE SLOPE EASEMENT THAT EXISTS ON LOT 17, BLOCK 12 OF REFLECTION RIDGE SUBDIVISION NO. 5 (GRANTEE: CITY OF MERIDIAN, GRANTOR: MISSION COAST PROPERTIES, ID, INC.) LOCATED AT 635 E. VIVID SKY DRIVE IN SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 23, 2017 the City Council of the City of Meridian, held a hearing on the vacation of the slope easement that exists on Lot 17, Block 12 of Reflection Ridge Subdivision No. 5, as shown in the attached Exhibit "A"; and WHEREAS, the subject property is located at 635 E. Vivid Sky Drive in Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the slope easement that exists on Lot 17, Block 12 of Reflection Ridge Subdivision No: 5, located at 635 K Vivid Sky Drive in Section 30, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the City Council of the City of Meridian Idaho, this 6 day of June, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this �o day of June, 2017. REFLECTION RIDGE SUBDIVISION VACATION TEST: C,Ay"Cole4,kity Clerk STATE OF IDAHO, ) ss County of Ada ) On this 11J"' day of j 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared --AA+M*-dz-VLF- � and C.JAY COLES, known to me to be the-Mayot—and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, seal the day and year first above written. ��•rrrrr• .•'ENAk E '•• N r • 1� O i •••rrrerrr I have hereunto set my hand and affixed my official �%OA�.M WaJ4— NOTARY PUBLIC FOR O RESIDING AT: ; MY COMMISSION EXPIRES: -,N ' as REFLECTION RLDGB SUBDIVISION VACATION -H-2017-0060PACE 2 OF 2 1�A' `l 13id ife.MV 66 P4A+ Existing Slope Easement to be Vacated Ilroject: 150182 Date: April 13, 2017 Page I of I EXHIBIT "A" Slope Easement Vacation �M T-0 ENGINEERS Located in Lot 17, Block 12 of Reflection Ridge Subdivision No. 5, recorded in Book 110 of Plats, at Pages 15760-15764, records of Ada County, Idaho, located in the NE 114 of the SW 114 of Section 30, Township 3 Nonh, Mange I Last, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMiV MENCING at the center northeast (northern -most) corner of said Lot 17, thence, along the southwesterly right-of-way of E, Vivid Sky Drive as shown on said ]']at And the exterior boundary of said Lot 17, A) S.340W 16" F., 117,46 Ceet Lo the POINT OF BEGINNING; thence, continuing along said right-of- way and boundary, 1) S.34 -46'l 6"E, 23.55 Ceet to the beginning of a tangent curve; thence, 2) Southeasterly along said curve to Ilse left, having a radius of 162,00 feet, an fire length of 26.90 feet, through a central angle of 9°30'4=1", of which the long; chord bears 5.3991'38" E.. 26.87 feet; thence, leaving said right-of-way, non -tangent from said Curve, continuing along said exterior boundary, 3) S.45043'00"W., 44.97 feet; thence, 4) N.70a56'45"W., 152,78 feet; thence, 5) N.52°52'39"W., 54.59 Ceet; thence, 6) N,55° 13'44"E,, 23.15 feet; thence, leaving said exterior boundary, 7) S.52°52'39" E„ 56.79 Peet; thence, 8) S.70a56'45"E,, 90.11 feet; thence, 9) N:15043'00'13., 56.05 feet to the, POINT OF BEGINNING. CONTATNING 5,900.%q. 11. SUBJECT TO: Record documents' EXHIBIT "B" attached, and by this reference niadc a part hereof. ,'2d7j $oath Titanium pimp, Mpridinn, ID 83842 Phpna (20111323-2280 F.— (200) 323.2399 ta•rsnginnnrx.ram Aviation i Transportntlan I Land Development f Municipal 1 Walter Resources I Surveying I Landscape Architecture I r�13gi$2-nUlS5uneg5UcicnptirnlsU.trt 1711luck 12 Aipu esnt vnca mill'.xil Lot 17 Slop.; eascumit cacnlian,di= Reflection Ridge Sub 5 Lot 17 Blk 12 — VAC H-2017-0071 16117.DE18i8,'EZ45MWSTAIIVENTiSTHFFR0?FRTY0FW:)lG-W6Z5 LYtRE�011GSIMJ.AE1l4E(ktlJ(Kh£MATIfkIOFT}&3RISTR4lNE1RQA[TStX14fDtf5Yi OT 5FECTICIARITiE11PER05MMOFT-05`3GIIEEA3l5STRICRYFRWW-.l EXHIBIT"B" A Slope Easement Vacation Located in Lot 17, Block 12 of Reflection Ridge Subdivision No. 5 Lying in the NE114 of (he SWI14 of Section 30. Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho 2017 / 19G 25 O 25 SP rG iG ScuE: t' . 5p' BLOCK 12 � • Found 112 Rabsr, PIS 13705 1$ /' \S ?fes a Galtulatedpaint/Anillepoint Existing Public utility / \ and drainage easement, dimensioned as shown 17 \'? 10 \ \ S Slope easement to \ be wcokod � \ it 12 of 13KIAnln9 O� 4 16 sem' LINE TABLE LINE BEARING DISTANCE L7 S34'46'16'E 23.55' L2 S4543'00'W 44,97- L3 N52'52'39'W 54.69' L4 N55'13'44"E 23.15' L5 S52'52'39'E 56.79' L6 I 1445'43'00"E 56.05' CURVE TABLE CURVERADIUS LENGTH DELTA BEARING CNQRD C1 1 162,00' 26,80' 9'30'44" S39'31'38"E 26.06' Reflection Ridge Sub 5 Lot 17 Blk 12 — VAC H-2017-0071 T -CI MIDJE31NEERS 2471 $.TITANIUM PLACE MERIDIAN, IDAHO 83642-6703 PHONE (208)229.2288 FAX: (208)3232398 Efx—; 6\1EW40knit .Oklglu CITY OF MERIDIAN ORDINANCE NO. /7' 17 �b BY THE CITY COUNCIL; BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER. OF E. PINE AVENUE AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council 'has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey approximately 44 square feet of real property to the Ada County Highway District for right -of way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on June 6, 2017 and at the conclusion of said Bearing, the City Council moved to approve the .conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the June 6, 2017 meeting of the Meridian City. Council. Section 2. That the City Council determined after the public Bearing that the proposed conveyance is in the. City's best interest and that the property should be transferred -without compensation to the City. Section 3, That the City Council leas reviewed and approved the legal description of the proposed right-of-way attached hereto and incorporated herein, Section 4. That the Mayor and City Cleric shall be authorized to execute and attest a purchase and sale agreement, standard form warranty deed, and any other documents necessary to complete tlic conveyance authorized by this Ordinance. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 4 Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1.) of the Members of the full Council, the rile requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in fiill force and effect upon its passage, approval and publication, PASSED by the City Council of the City of Meridian, Idaho, this 0day of June, 2017: APPROVED by the Mayor of the City of Meridian, Idaho, this . (y' day of June, 2017. o o,,p,TCDAUC, LSTs $t 4"0 City of EJ�91ANt-� GAl1O� Sf. SEAL ATTEST -7 C. ay Cols City Cleric ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 2 of 4 PARCEL DESCRIPTION Date: October 31, 2016 Project: Pine Avenue — Meridian Road to Locust Grove Road Parcel No: 14 Right -of -Way Requirement A parcel of land being a portion of Lots 15 and 16, Block 5, Amended Plat of Towmite of Meridian, Book I of Plats at Page 30, as filed in the Ada County Recorder's Office, located in Government Lot 3 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the W1/4 corner of said Section 7, monumented by a 3" brass cap (Corner Record No. 114006712), from which the C1/4 comer of said Section 7, monumented by a 3.5" brass cap (Corner Record No. 2016-000592), bears North 89°35'45" East, a distance of 2394.92 feet; Thence North 89035'45" East, coincident with the north line of said Government Lot 3, a distance of 741.03 feet; Thence South 00'24'15" East, perpendicular to said north line, a distance of 39.37 feet to the northeast corner of said Lot 15 and the POINT OF BEGINNING; Thence South 00°33'01" West, coincident with the easterly line of said Lot 15, a distance of 0.63 feet; Thence South 89035'45" West, parallel and offset 40.00 feet south of the north line of said Government Lot 3, a distance of 60.02 feet to the westerly line of said lot 16; Thence North 00°32'54" East, coincident with said westerly line, a distance of 0.82 feet to the northwest corner of said Lot 16; Thence North 89°46'37" East, coincident with the northerly line of said Lot 16 and Lot 15, a distance of 60.02 feet to the POINT OF BEGINNING. The above described parcel contains 44 square feet or 0.001 acres, more or less Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is Grid North, ADA County GIS Coordinate System ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 4 SKETCH FOR LEGAL, EXHIBIT PARCEL 14 RIGHT-OF-WAY REQUIREMENT A PARCEL OF LAND BEING A PORTION OF LOTS 16 AND 16, BLOCK 5, AMENDED PLAT OF TOWNSITE OF MERIDIAN LOCATED IN GOVERNMENT LOT 3 OF SECTION 7, T. 3 N., R. 1 E., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2416 .POINT OF COAAWCEMI NT CORNER CI/4 CORNER SECHON 7 N89'35'45"E 2394.92' 5WC7709 7 _ _ 741.03' r of PINE AVENUE M w N 0 U) POINT OF N89'46'37"E 60.02' BEGINNING NO'32'54"E S89'35'4 -5'W 60.02' SO'33'01"W 0.82' 0.63' ±0.001 Ac. 44 s. i, \ T 11778 sr �o qTf OF \�P WHpwc—ific��aREW � N 2141W.AkWWay,ftl04 BDWe,ID 8310$ 2"2. W J3, J 1 A NOT TO SCALE � 1,0131119 WWW.* ipact l— ! J j b ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 4 of 4 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7M PROJECT NUMBER: ITEM TITLE: Final Plat for Silverwater North (H-2017-0069) by Trilogy Development Located Southwest Corner of E. Victory Road and S. Mesa Way 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 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7N PROJECT NUMBER: ITEM TITLE: Final Plat for Little Creek Subdivision No. 1 (H-2017-0067) by David Alexander Located 1470 N. Locust Grove Road MEETING NOTES u APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 70 PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the "WELL 29 PUMPING FACILITY - CONSTRUCTION" project for a Not -To -Exceed amount of $776,045. MEETING NOTES c✓i APPROIED 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. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Brent Blake/PM Date: 05/30/2017 Re: June 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 6th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the “WELL 29 PUMPING FACILITY - CONSTRUCTION” project for a Not-To-Exceed amount of $776,045. Recommended Council Action: Award of Bid and Approval of Agreement and allow Purchasing Manager to sign Purchase Order to STAR CONSTRUCTION, LLC for the Not-To-Exceed amount of $776,045. 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: 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 Existing 14428 9/30/2017 I. PROJECT INFORMATION 5/23/2017 7/1/2017 N/A FY17 - 950,000 4/21/2017 Public Works Well 29 Pumping Facility Construction V. BASIS OF AWARD 5/15/2017 May 22, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A May 31, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 4/25/2017 VII. TASK ORDER SELECTION (Project Manager to Complete) 5/23/2017 Award based on Low Bid Highest Ranked Vendor Selected $776,045 Brent Blake If yes, has policy been purchased? Construction Contractor - Star Construction/Engineer - SPF Water Engineering III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96129 10461.l TASK ORDER N/A RFP / RFQ BID CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 29 PUMPING FACILITY - CONSTRUCTION PROJECT # 10461.1 THl CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of Mzry, 2017, and entered into by and between the City of Meridian, a municipal corpora ion 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 83699 and whose Public Works Contractor License # is C -14428 -AAA -4. INTRODUCTION Whereas, the City has a need for services involving WELL 29 PUMPING FACILITY - CONSTRUCTION: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 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, WELL 29 FACILITY —CONSTRUCTION page 1 of 15 Project 10461.1 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under th is 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 shallbe 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 $.?f!,1}[0, 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 add itional 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 lhe form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. WELL 29 FACILITY - CONSTRUCTION Project 1046'l.l page 2 of 15 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 150 (one hundred fifty) 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 180 (one hundred eighty) 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 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof al 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. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WELL 29 FACILITY _ CONSTRUCTION Project 10461 , oage 3 of '15 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 seloff 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. 6.1 ln 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. lf 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 ldaho Statute # 54-1901 L Removal of Unsatisfactory Employees: The contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, 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 othenrise unsatisfactory, that employee shall be removed from ail work under this contract. WELL 29 FACILITY - CONSTRUCTION Prolect 10461 I page 4 of '15 6. lndependentContractor: 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 soecificallv aqrees that it will maintain, throuqhout the term of this Aqreement, liability tnsurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liabil ity One Million Dollars ($ 1 ,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($'l ,000,000) per incident or occurrence and Workers' Compensation lnsurance, 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 lnsurance, 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. ln 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, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurerwith 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 WELL 29 FACILITY - CONSTRUCTION Prqect 10461.r Page 5 of '15 9. lndemnification and lnsurance: 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 lmprovement 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 ldaho. ln 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 andWELL 29 FACILITY _ CONSTRUCTION Prorect'10461.r Page 6 of 15 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 Slate taxes and will execute the required exemption certificates for items purchased and used by the City. ltems 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 StormwaterSpecifications: 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 reta ined, reviewed and approved by the City prior to fina I 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 Contractois 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 lnformation: 17.1 Al 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 Contaclor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum offour (4) years from the termination or compretion of this or Agreement. Thisincludes any handwriting, typewriting, printing, photo sta c, photographic and every WELL 29 FACILITY - CONSTRUCTION Project 1046'1 I page 7 of 15 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: htto://www.meridiancitv.orq/environmental.aspx?id=1 361 8. 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 lnspections: 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: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll 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. ln performing the Work required herein, CONTRACTOR shall not unlavrrfully 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 ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: WELL 29 FACILITY - CONSTRUCTION Project 10461.1 page 8 of 15 Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. ConstructionandSeverability: lf 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. WELL 29 FACILIry - CONSTRUCTION Project 10461.1 page 9 of 15 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 lnvitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: ln 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: 33. Notices: CITY CONTRACTOR City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 208-489-0417 STAR CONSTRUCTION, LLC. Attn. Ancil lrminger PO Box 157 Star, lD 83669 Phone: 208-286-9198 Email: starconstructionllc@gmail.com ldaho Public Works License #1 'l 184-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 Merid ian. WELL 29 FACILITY - CONSTRUCTION Project 10461.1 page 10 of 15 This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. 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: Dated: 6l 6 Z Ch7_ Approved by Council: Attest: C.JAY LES ITY CLERK M Purchasing Approval r` BY: KEITH S, u ha;sing Manager Dated: :— Project Manager BRENT BLAKE WELL 29 FACILITY CONSTRUCTION Project 10461,1 page 11 of 16 Star Canstrun, LLC ANCIL IRM } BY: Dated: �� /F DRAT 47�E� `r�Ap roval BY:WAN STEWART, ity Engineer Dated::'` /7 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1731-10461.I ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1731 -10461 .1, 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 ldaho Sfandards for Public Works Construction (ISPWC), the 201 3 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS NAME BY SPF Water Engineering dated March 22, 2017 lesofpages) SPECIAL PROVISIONS/TECH N ICAL SPEC I FICATIONS by SPF Water Engineering dated January 2017 <sl of pages) WELL 29 FACILITY - CONSTRUCTION Project 10461.1 a a page 12 of 15 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $776,045 WELL 29 FACILITY - CONSTRUCTION Project 10461.1 MILESTONE DATES/SCHEDULE Substantial Completion 60 Days from Notice to Proceed 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 29 PUMPING FACILITY - CONSTRUCTION per IFB PW-1 731-10461 .l 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. GENERAL REQUIREMENTS contract Pricing Schedule Item No.Oescription Quantity Unit Unit Price Ivlobilization/Demobilization LS $48,763.00 2 Submittals/Asset manaqement 1 LS $1,800.00 3 O&M Manuals 1 LS $1,500.00 SITEWORK Contract Pricing Schedule Item No.Description Quantity Unit 1 Erosion and Sediment Control 1 LS $700.00 2 Site Clearing, Grubbing, Grading (Excavation / Fir)LS $7.000.00 3 Asphalt Pavement with Base $28,468.00 4 Permeable Pavers with Base and Border 1 L5 $41,769.00 5 Concrete Curb 1 LS $12,038.00 6 Washed Gravel Stabilization 1 LS $750.00 7 Fence with Swin g Gate and Man Gate 1 LS $5,200 00 8 1 $76,'100.00 1 tS $3,100.00 10 Floor Drain Sump 1 LS s1,400.00 Electrical J-Box and Communication Vault LS $2.000.00 12 Uqqholes (2); One with Screen 1 LS $8,000.00 13 Test Well lnsulated Cover LS $600 00 page 13 of 15 Milestone'l Milestone 2 Final Completion NOT TO EXCEED CONTRACT TOTAL.$776-0!15-00 1 1 Unit Price 1 1 Gravel Access Roads LSIFence Removal 11 1 I 14 Concrete Generator Pad and Privacy Fence 1 $5.500.00 YARD PIPING AND VALVES contract Pricing Schedule Item No.Description Quantity Unit Unit Price 1 12-lN Ductile lron Pipe 1 LS $9,600.00 2 8-in Ductale lron Pipe 1 LS $2.400.00 3 12-in C900 PVC Pipe 1 LS $7.000.00 4 4-in PVC and Cast lron Drain Piping 1 LS $6.000.00 5 15-in PVC Gravity Flush Line with Outfall 1 tc $17,500.00 b 1.s-in PE Utility Service Line 1 LS $2,000.00 7 Ductile lron Fittinqs with Thrust Blocks 1 LS $9,000.00 8 12-in Gate Valves with Valve Boxes 1 LS $6,400.00 9 8-in Globe Valve with Vault 1 LS $12,062.00 10 Water Service Connection with Meter Box 1 LS $4,300.00 11 Relocate Force l/ain if Flush Line Conflict 1 LS $450.00 WELL HOUSE BUILDING contract Pricing schedule Item No.Oescription Quantity Unit Unit Price 1 Well House Building, Complete I LS $84,000.00 2 Concrete Work lncluding Foundation, Floor, Pump Pedestal 1 LS $1 1,000.00 3 Buildinq HVAC 1 LS $15,870.00 MECHANICAL PIPING, FITTINGS, VALVES, AND EQUIPMENT Contract Pricing Schedule Item No.Description Quantity Unit Unit Price 1 '12-lN Ductile lron Pipe with Supports 1 L5 $5,000 00 2 8-rn Ductile lron Pipe with Supports 1 LS $1,200.00 3 6-in Ductile lron Pipe 1 LS $1,300.00 4 Ductile lron Fittinqs 1 LS $17,500.00 5 12-in Gate Valve 1 L5 $2.000.00 6 8-in Butterfly Valve 1 LS $1,000.00 7 2-in Airn /acuum Valves 1 LS $2,700.00 8 1 $2,000.00I12-in Globe Check Valve 1 LS $3,800 00 1 96.000.00 11 Misc. Equipment (Sample Taps, BallValves, Etc.)1 tc $2,400.00 12 Pressure Transmitter and Ga uge 1 LS $2,500.00 13 Pump Pre-Lube with Solenoid 1 LS $1,400.00 14 LS $4,200.00 15 Utility Water Piping with Backflow Preventer 1 $2,000 00 1 LS s500.00 PUMPING SYSTEM contract prici ng Schedule Item No.Description QuantiW Unit WELL 29 FACILITY - CONSTRUCTION Project 10461.1 page 14 of 15 2-in Combination Air Valve 10 8-in Pressure relief Valve 6-in Flow Meter 1 lo Shower and Eyewash Unit Price Vertical Turbine Pump 1 LS $41,300.00 2 Vertical Hollowshaft Motor, 30-hp 1 LS $9,000.00 3 Pump Column and Lineshaft 1 LS $15,340.00 4 Discharqe Head 1 LS s4,720.00 5 Sounding Tubes and Pressure Transducers 1 LS s2.360.00 CHLORINATION SYSTEM Contract Pricing Schedule Description Quantity Unit Unit Price 1 Storage Tank with Appurtenances 1 LS $6,100.00 2 Chlorine Feed Pump 1 LS $4,000.00 3 Chlorine Analyzer 1 LS $12,000.00 4 Chlorine lniection includinq Tubinq and lniector 1 LS $2,000.00 ELECTRIGAL, INSTRUMENTAL AND CONTROL contract Pricing schedule Item No Description Quantity Unit Unit Price 1 Electrical and Lighting 1 LS $30,495.00 2 30HP Variable Frequency Drive 1 LS $7.000.00 3 Harmonic Frlter 1 $4,720.00 4 HMI and PLC 1 LS $11,800.00 Electrical and Control Panels and Transformer 1 LS $23,600.00 6 Power Monitor, Level Transmitter, Motor Sensors 1 LS $7,190.00 7 200kW Standby Generator and Transfer Switch 1 LS $85,200.00 8 Cellular Dialer 1 LS $0.00 o Yard Electrical (Conduit, Heat Tracing, Etc.)1 LS $21,000.00 WELL 29 FACILITY - CONSTRUCTION POect 1046'1.1 page 15 of 15 1 Item No. LS E IDIAN IDAHO BlD RESULTS BID NAME:Well 29 Pum tn Facil - Construction DUE DATE & TIME: Ma 9,2017 2t30 VENDOR ! ,9 E ! !! oc) cl .o BID AMOUNT BI D N U M B E R PW 1 7 1 1 046 ,|I Opened by: ( t <-7^cLJt "t (r,t/tl t/(t// otf tt3c'> t/L r't/1le ot15* X ce.C,S r/,/83-rtr^fIrIrIIIIII Attest:42 City Of ttelidian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - unposted Transactions Included In Report 3490 - Wat6! Construction Projecte 60 - EnterpriBe trund Etolil IA/7/2A16 Throogh 9 / 3A /201't Budget rith Current Year Actual Capital Outfay Welf 29 construction Total Capital Outlay 9AA j 446.18 900,446.78 51-534L)2 51- 53 4=92 848,911.86 848,911.86 Buclget Remaining Budget Remaining 96129 DEPT EXPENDITURES TOTAL EXPENDITURES 94.282 94.28'.t 9O0, 446 -18 944,446.1t) 51, 534 -92 848,91lj8q 848,911.86 94.28'.r 5], 5]!:?2 94 -28+,( ( Datet 4/ 12/I1 0.1:48:45 pU A<.C,RI)' 5/L6/20\1 T H IS C ER T F CA T E ts IS SU E D AS MA T T ER o F N Fo R M T o N N L A N o co N F ERS N R G H TS U P o N TH E c E RT I F tcDOESNOT TE T H IFFRTIELYRNEGATtvELMENDEXTENDORTHEOVERAGEFFORDEDBTHEPOLcESELowTHIScERTIFICATEoFNsURANCEDoESNsTITUTEcoNTRACTBETWEENSSUNGINURER()RE P RES EN T T IVE o R T H E c ER T F c T E H L o ER. M P o RT N T tf c erti fi c ate h d er is an D D IT toN L IN S U R ED the p icy (tes )ust be ndors ed I f S U B ROGAme T toN S E D s u bj e ct totheandconditionsofthepocvcrtactIpoesmavreqUanstatementthisnotconterltghtstthecertificatehodetIneuotsUchendrsemes PROOUCER Post, Insurance Serwj-cos, fnc. 2717 W. Bannoch St,. P. O. Box 8{{7 Bois6 ID 93707 INSURED Star Conatruction, LLC PO Box 157 S tar rD 43669 COVERAGES CERTIFICATE NUMBER:201?-2018 REVISION NUMBER: ftMtTs T N s TOs Ec TR T THA HT E o c E os SN U N Ec LI TES D HA IVE EE N SS DEU THTO E M DENDTCADENoTHSNDNGANRTEl!.4 o R C No D T No OF oC TRACN oT R OT EN DOCR MU NEcRETTECIEsSEUoDRETHRANSUENCRoDDEaHTELIocsEEDcSR8EDHREENEXLUcsNoANscDNoDTtoNSooLCSESHot,N H VE DUCRE BYEO oSRsAOOLULIcPEscE ABOVE FOR THE POLICY PERIOD T WTH RESPECT TO WIIICH THIS IS SUEJECT TO ALL THE TERMS. EACH OCCURRENCE DAMAGE ToRENTED -e&Er,rlsEs !*' @rqnce) MED EXP (An-,/ se pelson) PERSONAL & AOV INJURY GENERAL AGGREGAIE PROOUCIS.] COM?/OP AGG H r6d & Non{wn6d L6bility 14 4 63 9s7? 533 501?3 /a /20L1 A x Tu 3/! /20LA X CO IERCIAL GENERAL LIABILIIY CLAIMS MAOE X OCCL,R x 55373,55091 1, 000 , 000 300,000 10 ,000 1,000,000 2 , 000,000 2, 000 , 000 1 ,000, 000 GEN't AGGREGATE LIMII APPUES PERx poucv 5A Loc x x AIL OV1AIED AUTOS HIREOAUTOS 89303,79516 BOOILY INJURY (P6r p6Es) BODIIY INJURY (Pd accdonD PROPERTY OAI'AGE 4 97s336000 NE s A s AUIOMOBI!E LIABIIITY 3 /t /20t1 3/1/201ASCHEDULEO AUTOS NON.Ov!'IED AUIOS 4975336001 oN$o S I oEo x X UMBRELLA LIAB EXCESS LIAE x . occuq CLAIMS.MADE 5, 000 , 000 5,O00 , 000 WORKERS COiTPENSATION AND EMPLOYERS' LIABILIT'Y ANY PROPRIETOR?PARTNER/ExEcUT vE OFF CERNt,EMBER EACLIJOED" 582 913B 1/1/2016 1/L/20t7 RIPTION OF 00 0 500 000 500, 000 HxSIAIUTEER E L EACH ACCIDENT E L OISEASE . EA EMPLOYEE 5 E.L DISEASE . POLICY IIMIT 5 oPERATIONS / LOCATTONS / VEHTCLES (ACORD 101, Addtdo..t R.m.rh s.h.d!t., m.y b. .tt ch.d It moE .p.c. t! rrqulrod)29 Pueping FaciLity - Construction, project lt1Oil61.I OESCRIPIION OF RE: Well CERTIFICATE HOLDER CANCELLATION City of Meridian 33 E Broadway AveMeridian, ID A3642 SHOULD ANY OF THE AAOVE OESCRIBED POLICIES BE CANCELLEO BEFORE TXE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alyshia Gardcle/Ac O 1988-2014 ACORD CORPORATION. All rights reserved Tho ACORD name and logo are registered marks of ACORD \!\ ACORD 2s (20r4l01) lNS025 (2o1ao1) CERTIFICATE OF LIABILITY INSURANCE ALTER HOLDER.CERTIFICATE NOT THE AUTHORIZEDANDPRODUCER, the terms endorsement.cartificate does nsuRER(q aFFORDtNg COVERAGE tNsuRER a Auto Own€:s Insurance :Idaho State Insurance pund f#,lol: 12oe):ra-oosr Alyshia carnb]-€ (208 ) 33 5-5600 agambl€Gpostins. com I r"t ,18984 lgstzg INSIJRER C I INSURER D : REQUIREMENT, BELOW INSUR ED PERTAIN. SUCH LIMITS BEEN CLAIMS ! 3 s I s $ $ 1, 000,000 $ s EACH OCCURRENCE 3/1/20t1 alrlzore a666g6ArE Y/N I 500 | Thls ondorgemont modifiss lnsuranca provid€d undor tho fullowing: COMMEFCIAL GENERAL LIABILITY COVERAGE FORM. A. Under SECTION tr - WHO ls AN |NSURED, the bllowlng is added: A poreon or orgsnlza on ls an Addhlonal lnsured, only -wlth rosp€ct to liabiltty arislng out of "youiwort' for that Additlonal lneured by or for you: 1, ]f r€quirBd ln a wrinen contracl or agroemonh or Agenoy Code 39-00f I-00 t. The bllowlng provlslon ls added to 4. O!lo, lnruranco: Thls Insurance le primary for the Addhlonal lnsurud, but onty whh r€sDect lo ltabllitv srla- lng out of 'ypur work. foi tha mjlbial ln- sured by or 6r you, Oher lnrurehir avs[., able to the Addltional lNurrd wlll arply agercoss lnsunnce and not contilbute-;d. prl_ mary lnsuranoe to the lnsurancr provlded'by lhl6 ondorcement. Pollcy Number 160639-i7?5ss60 OOMMERCIAL GEIIEBAL LT{BILTTY 5s3nl (t{7'a THIS ENDORSEMENT CHAI{GES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITION'TL INSURED e H rsq.ulrod by an oral conlract or agrcgmonl only lf a Gertlfioate of lnsurance wis lssued prlor to tho loss lndlcaflng thet the person or organketlon wa8 an Addltlonal lnsurcd. B. Under SECTION ttt - LIMIIS OF [itSURAt{CE, the lbllowlng ls added: e Thc bllowloo prcvlalon b add6d: Otter Addnlotrst lnsutod Covrrrge fsouod Byui1 lf thls pollcy provldes coverage frr tha eameloss to any Addftlonal lneured epeolfcallv chown as an Addlttonal lneurcd li another endorssment to thls polloy, our maxlfium llmlt of Insurance under thls endorsoment and anv other ondorsemont shafi na "d;Jtilliliof insuranca lh lho wdtton cont act or asru€. msnt bctweon tho lnsur€d and the owner] be- s6o or contractor, or the lhitlt3 p,ovlded ln lhlspollcy, whlghever lr less. Our'maxlmum llmltof lngurance arlglng out of an .occunrncoo, shall not ,xoeod the llmlt of lneunnce shown ln lha Doclaratlone, regardleer of [he numbar of lnsuods or Addltlohal lirur€d8. All othor polloy terme and condlllons apply. The llmits of liabllity for tho Additionsl lnsuGd ar6 those.spaclfiod ln the wrltten contract or agr€o- mont betweon the lnsurod and the owner, leis€o or contractor or those speomad In the Celtificate of lnEuranoi. lf an oral contEct or agrEamsnt, not to exceed tho llmlts provlded ln thls pollry. Thase llmlte ara lncluslve of and not in aidhl6n to the llmhs of lnsurance shown ln the Declarstions. C. SECNOil lv. COMMERCIAL GEIERAL UABILTTY COilDmONS. ts amendod as follows: lncludes copyrlgited matsrlal oflnsuranoo S€ivlcos Ofice, lnc., wlth lts permleelon. Copyright lnsuranca S6rylca! Omae, lno., 1984, e003.Paee llt t Performance Bond CONTRACTOR: (Natue, legaL status and address) Star Construction, LLC P.O Box 157 Star, lD 83669 OWNER: (Ndme, legdl status and. address) City of Meridian 33 East Broadway Ave. Meridian, lO. 83642 CONSTRUCTION CONTRACT Date: June 6, 2017 Amount: $776,045.00 Description: (Name and location) Well 29 Pumping Facility-Construction BOND Date: June 6, 2017 (Not earlier than Cotustruction Cotltract Ddte) 466q11. $776,045.00 Modilications to this Bond: I None CONTRACTOR AS PRINCIPAL Company: Star Constructi CNA;''=r. t ,' i Bond No. 3001 1501 SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and. principol place of business) 333 S. Wabash Avenue 41st Floor Chicago, lL 60604 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form This is not a single combined Performance and Payment Bond ! See Section 16 SURETY Company: Western Surety Company (Corporate Seol ) ]L.LLYI. (Corporate Seal) Signature Signature Name,ANC-It- lLMtruCa Name N,4ary Jaquier and Title:/t4NA G.INC4 Me ttBe E- and Title: Attorney-ln-F (Any additionaL signaturcs dppeot otu the last page of this Performance Bond.) (FOR INFORMATION ONLY - Nome, ad.dress and telephorle) AGENT or BROKER: OWNER'S REPRESENTATIVE: posl lnsurance (Arcbitect, Engineer or other party:) P.O Box 8447 SPF Water Engineering Boise, lO 83707 Pinled in coopetation with the American lnstitute of Architects (AIA). The language in lhis documenl confoms exactly to the language used in AIA Document A312 - Peiomance Bond - 2010 Edition ,| s I :: .. \7 '.\.--tt-- s t The contractor and surety, jointly and severally, bind theEselves, their heils, executors, adEinistratlrs, successors ind assigns to the O*.rer for the performance of the Construction Contract, which is incorporated herein by reference' S 2 If the Contractor performs the Construction Contfact, the Surety and the Contlactor shall have no obligation under ihis Bond, except when applicable to participate in a conference as provided in Section 3' S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .l the Owner hrst provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Cootractor's performance lfthe Owoer does not request a cooference, the Surety Eay, within five (5) business days after receipt of the Owne!'s notice' request such a conference. Ifthe Surety timely lequests a conference, the Owner shall att€nd Unless the owner agrees otherwise, any conference lequested uuder this section 3.1 shall be held within ten (10) business days of the surety,s receipt of the owner's notice. If the owner, the contlactor and the s,fety ag"ee, the contracto! shall be allowed a reasonable time to pelforo the construction contlact, brrt such an agreement shall not waive the owner's right, if any, subsequently to declare a contractor Default; .2 the owner declares a cootractor Default, t€rminates the construction contract and notifies the surety; and .3 the owner has agreed to pay the Balance ofthe contract Price in accordance with the t€rms ofthe Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. $ 4 Failure on the partofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure t comply with a condition precedent to the Surety's obligations, or release the SuIety from its obligations, except to the extent the Surety demonstrates actual piejudice. $ 5 When the owner has satisfied the conditions ofsectioo 3, the Surety shall plomptly and at the surety's expense take one of the following actions: S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; $ 5.2 Undertake to perform and coEplete the Construction Contract itself, through its agents or independent contractors; S 5.3 Obtain bids or negotiated proposale from qualified contractors acceptable to the Owner for a contract for iu"fo"-a.r"" and completion of the Construction Contract, anange for a contract to be prepared for execution by the bwner and a contractor selected with the Owner's concurrence, to be seculed with performance and payoent bonds executed by a qualified gurety equivalent to the bonds issued on the Construction Contract, and pay t! the Owner the amorrrrt of damages as described in Section 7 in excess of the Balance of the Contlact Price incurred by the Owner as e result of the Contractor Default; or $ 5.4 Waive its right to perform and complete, arrange for coEpletion, or obtain a new contractor and with reasonable proEptness under the circumstances: .,1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is detelmined, make payment to the Owner; or .2 Deny Iiability in whole or in part and notify the Owner, citing the reasons for denial' S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days afte! receipt of an additional written notice from the Owner to the Surety demanding that the Surety pelform its obligations under this Bond, and the Owner shall be entitled to enforce aoy remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner refuses the payoent or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 2 Printed in cooperalion with the American lnstitule of Archilecls (AlA). The language in this document confoms exactly to the language used in AIA Document A312 - Pedoinance Bond - 2010 Edition. $ 7 Ifthe Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subiect to the colomitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Cootractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and lesulting flom the actions or failule to act ofthe Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. $ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond $ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are ulrelat€d to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set offon account ofany such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. ! 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orde!s and other obligations. $ 1l Any proceeding, legal or equitable, under this Bond may be institut€d in any court ofcompetent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of Iimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S '12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page oo which their signature appears. $ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requtement shall be deemed deleted hereftom and provisions confolning to such statutory or other legal requirement shall be deemed incorporated herein. Wtlen so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 14 Detinitions S 14,1 Balance of the Contract Prico. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, includiog allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor rs entitled, reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction Contract. S 14.2 Construction Contract. The agleement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. S 14.3 Contractor Default. Failure ofthe Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term ofthe Construction Contract. S 14.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other rDaterial terms ofthe Construction Contract. S 14'5 Contract Documents. All the documentg that comprise the agreement between the Owner and Contractoi. S 15 If this Bond is issued for an agreemeot between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contracto!. Pdnted in c.operation with the Ameican lnstituto of Atchitects (AlA). The languago in this document confoms exactly to the tanguaga ued in AtA Docunent A31 2 - Peiormance Bond - 201 O Edibon 3 S 16 Modifications to this bond are as follows: (Spoce is provided belou for addttiotual signatures of odded parties, other thotu those appedrituE otu the couer page.) CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seol) Company: (Corporute Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAIJTIONI You should sign an original AIA Contract Documont, on which this text appears in REO. An original assu.es thatchanggs will not be obscured. Printed in cooperation with the Amelican lnstitute of Atchitects (AlA). The language in this docutuent contotms exactly to the language used in AIA Document A312 - peiofinance Bond - 2O1O Edition_4 Payment Bond CONTRACTOR: (Name, legal status and addrcss) Star Construction, LLC P.O Box 157 Star, lD 83 2 OWNER: (Name, legal status ond, oddrcss) Cily of Meridian 33 East Broadway Ave. Meridian, lD. 83642 CONSTRUCTION CONTRACT Date: June 6, 2017 Amount: $776,045.00 BONO Date: June 6, 2017 (Not eorlier than Cotu$ttuction Contract Date) 4m6u1s. $776,045.00 Modifications to this Bond: I Norre CONTRACTOR AS PRINCIPAL Company: Star Construction, (Corpo Signature: Name ,{ N CNA-:'- ' '-;iL- J- Y Bond No . 3001 't 501 SURETY: western Surety Company: South Dakota Corporation (Ndme, leEal statu$ ond, principal pLace of business) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A3'12-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one Iorm. This is not a single combined Performance and Payment Bond ! See Sectron 18 SURETY Seol) Company: \ Western Surety Company (Corporote Seol) Signatu!e Name Mary Jaquier &ttLIL IPMING and Trtf::n 4 4A/ AGIN G rt/.Ei(BER* and Trtle: Attorney-ln-Fact (Any addtlonol signotur?s oppdor on ihe last page of th.s polment fund.) (FOR INFORMA?ION ONLy Nome, add.ress and telephone) AGENT or BROKER: OWNER'S REPRESENTATTVE: post lnsurance (Architect, En9ineer or otlwr port!:) P.O Box 8447 SPF Water Engineering Boise, lD 83707 Printed in coope@tion with the Atuerican lnstitute of Architects (AlA). Tha language in this docunent confoms exactty to the language used in AIA Documant A312 - payment Bond - 2o1O Edition_5 \ Description: (Name ond location) Well 29 Pumping Facility-Construction 333 S. Wabash Avenue 41st Floor Chicago, lL 60604 U.LL\ S I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administratols, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the foltowing terms. S 2 If the Contractor proEptly makes payment of all sums due to Claimants, aod defends, indemnifies and holds haroless the Owner from claims, demands, Iiens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. $ 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owrer has promptly notified the Contractor and the Surety (at the address described in Section 13) ofclaims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, Iiens or suits to the Contractor and the Surety. S 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the owner against a duly tendered claim, demand, lien or suit. S 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: $ 5.1 Claimants, who do not have a dtect contract with the Contractor,.l have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the amount claiBed and the name ofthe party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days aft€r having last performed labor or last furnished materials or equipment included in the Claim; and.2 iave sent a Claim to the Surety (at the address described in Section l3). $ 5.2 Claimants, who are employed by or: have a direct contract with the Contractor, have sent a Clai6 to the Surety (at the address desclibed in Section 13). $6Ifanoticeofnon'paymentrequiredbySection5.l.lisgivenbytheOwnertotheCortractor,thatissufficientto satisfy a Claimant's obligation to furnish a written notice ofnon-payment under Section 5.1.1. $ 7 When a Claimant has satisfied the conditions ofSections 5.1 or 5.2, whichever is applicable, the Surety shallpromptly and at the Surety's expense take the following actio[s: $ 7'1 Send an answer to the ClaiEant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and S 7.2 Pay or arrange fo! payment of any undisputed amounts. $ 7'3 The Surety's failure to discharge its obLigations under Section 7.1 or Section ?.2 shaU not be deemed toconstitute a waiver ofdefenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputedaEounts for which the Surety and Claimant have reached agleeoent. If, however, the Surety fails to discharge itsobligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the ieasonable attorney.sfees the claimant incurs thereafter to recover any sums found to be due and owing to the claimant. S 8 The surety's total obligation shall not exceed the amount ofthis Bond, plus the anount ofreasonable attorney,s fees provided under Section ?.3, and the amount ofthis Boud shall be credited for any payments made in good faithby the Surety. $ 9 Amounts owed by the owner to the Contractor under the Construction Contract shall be used for the performanceofthe construction contract and to satisfy claims, if any, rlnder any construction performance bond. By tireContractor furnishing and the Owner accepting this Bo;d, they agree that all funds earned by the Cont-ractor in theperformance ofthe Construction Contract are dedicated to satisfyobligations of the Contractor and Surety under thisBond, subject to the Owner's priority to use the funds for the completi;n of the work. Pdnted in c@Nration with the Ameican lnstitute of Atchitects (AlA). The language in this docunent confoms exactly to the languago used in AtA Docunent 4312 - payn.r.,nt Bond - 2o1o Edition 6 $ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shaU not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to Eake payments to, or give notice on behalf of, Claimants or otherwise have any obligations t! Clainants under this Bond. $ 'l l The Sur.ety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject ofthe Construction Contract is located or after the expiration ofone year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fulnished by anyone under the Construction Contract, whichever of (1) or (2) flrst occurs. If the provisions ofthis Paragraph are void or prohibited by law, the nlinimum period of limitation available to sureties as a defense in the jurisdiction of the suit shatl be applicable. S 13 Notice and Ctaims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which thei, signature appears. Actual receipt of notice or Claims, however accoxoplished, shall be suflicient compliance as of the date received. S 14 When this Bo[d has been furnished to comply with a statutor:y or other legal requirement in the Iocation where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 15 Upon request by any person or entity appealing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. S l6 Oollnitions S 16.'1 Claim. A writt€n stat€ment by the Claimant including at a minimum: .l the name ofthe Claimant; .2 the naEe ofthe person for whom the labor was done, or materials or equipment furnished; .3 a copy ofthe agreeftent or purchase order pursuant to which labor, materials or equipEent was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, Eaterials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contracu .6 the total amount earned by the Claimant for labor, matedals or equipment furnished as of the date of the ClaiE; .7 the total amount ofprevioue payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. S 16.2 Claimant. An individual or entity having a dtect contract with the Contractor or with a subcontractor ofthe Contracto! to furnish labor, mat€rials or equipment for use in the performance of the Construction Cootract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shalL be to include without limitation in the terDS "labor, materials or equipment" that part of water, gas, power, Iight, heat, oil, gasoline, t€lephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction whele the labor, materials or equipment were furnished. S 16.3 Construction Contract. The agreement between the Owner and Contractor identified onthecoverpage, including all Contract DocuEents and all changes made to the agreement and the Contract Documents. Pdnted in cooperation with the AnEdcan Institute of Architects (AlA). The language in this document conloms exactly to the language used in AIA Document A312 - Paynont Bond - 2O1O Edition.7 S 15.4 Owner Default, Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as req\rired under the Construction Contract or to perform and complete or coirply with the other material terms of the Construction Contract. 516.5 Contract Documenb. All the documents that comprise the agreement between the Owner and Contractor. S 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deeoed to be Subcontractor and the term Owner shall be deeoed to be Contractor. S 18 Modiications to this bond are as follows: (Space is ptouided belou: for odditional signatures of odded part;es, other thdn those oppearing on the cooer page.) CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seol) Signature: Name and Title: Address Signature: Name and Title: Address CAITTION: You should sign an original AIA Cont.act Oocumen! on which this toxt appoa6 in RED. An originatassuros thatchangos will not te obscured. Pinted in cooperation with the Arnedcan lnstjtute of Atchitects (AlA). fhe bnguage in this document confotms exactly to the tanguage used in AIA Document A312 - payfieot Bond - 2olo Edition. POWER OF ATTORNEY APPOTN{TING INDIVIDUAL ATTOR,\EY-I\-FACT ltuow All Men By Theie Presen$, That WESTERN SURETY COMPANY, a South Dakota corpontion, is a duly organized and existing corpomtion having ils principal ollice in the City of Sioux Falls, and State of South DakoE and that it does by virtue of the sigbature and s€al herein amxed her€by make, constitute and appoint William F Post, Mary Jaquier, Terry S Robb, Individually Western Surety Company of Boise, ID, its true and lawful Attomey(slin-Fact with full powel and authority her€by confen€d to sign, s€al and ex€cute for and oD its b€half bondr, undertakings and other obligatory instnrments of similar nafirre - In Unlimited Amounts - and to bind it thereby as fully and to fte same ext€ot as if such initnunents were signed by a duly authorized oficer ofthe corporation and all the acts of said Attomey, pursuant to the authority hercby giverl arc hereby r.tified and confilmed. This Power of Anomey is made and executed pursuant to and by authority ofthe 8y-kw printed on the r€verse hcImq duly adopted, as indicated, by the shareholders of the coporation. In witne$ Whereof, WESTERN SUREry COMPANY has caused these presents to be signed by its Vice Pr€sident and its corporate s€al to be h€reto affixed on this 23d day of January, 201?. WESTERN SURETY COMPANY T. Bruflat, Vice Prcsident State of South Dakota County of Minnehaha On this 23rd day of January, 2017, befor€ me personally came Paul T. Bruflat, to me known, *ho, being by me duly swor4 did depose and say: that he resides in the City of Sioux Falls, State of South Dalotq tbat he is the Vice President of WESTERN SURETY COMPANY d€scribed in and which executed the above instnDleit; that he lglows fte seal of said corporation; that the seal affied to the said iDstrumefi is such corpomte seal; that it was so aflixed pursuant to authority givea by the Board of Directors of said corporation and that he signed his name theEto puGuafl to like authority, and acknowledges same to b€ the act and de€d of said colporation. My commission qpires June2 20?t J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assista Secretsry of WESTERN SURETY COMPANY do her€by ceniry Out the Power of Attomey hereinabove set fonh is still in force, and funher certiry that the By-t w ofthe corporation printed on thc rEverse hereofis still in force Lo testirnony whereof I have hereunto subscrib€d my name and affixed the seal of the said corporation WESTERN SURETY COMPANY this 6 of June s€lw J, MOHR Fom F4280-7 2012 day L. Nelsorf Assistant Secretary 2017 )" Authorlzhg By-Lew ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to ard by authority of the following By-taw duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporatioo shall be executed in the corpomte name of the Company by the President, Secraary, and Assistant Secretary, Treasurer, or any Vic€ Plesident, or by such other officsrs as the Board of Directors may authorize. The President, any Vice Presidelt, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undenakings in the name of the Company. The corporate seal is not nec€ssary for the validity of any bonds, policies, undenakings, Powers of Attomey or other obligationg of the corporation. The signaturc of any such officer and the corporate seal may be printed by facsimile. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7P PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to SUNROC CORPORATION for the "SIMPLOT RV RELOCATION PAD" project for a Not -To -Exceed amount of $212,546. MEETING NOTES � APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Brent Blake/PM Date: 05/30/2017 Re: June 6 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 6 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to SUNROC CORPORATION for the “SIMPLOT RV RELOACTION PAD” project for a Not-To-Exceed amount of $212,546. Recommended Council Action: Award of Bid and Approval of Agreement and allow Purchasing Manager to sign the Purchase Order to SUNROC CORPORATION for the Not-To-Exceed amount of $212,546. Thank you for your consideration. City of Meridian Purchasing Dept. E IDIANt_6�­, Public IL D A H O Works Department TO: Keith Watts, Purchasing Manager FROM: Brent Blake, Engineering Project Manager DATE: 3/15/2017 Mayor Tammy de Weerd City Council Memberft Charlie Rountree Keith Bird Joe Borton Lul?e Cavener Genesis Milam David Zaremba SUBJECT: BLACK CAT SEWER TRUNK (SOUTH MERIDIAN) SIMPLOT RV RELOCATION PAD -CONSTRUCTION CONTRACT WITH TBD FOR A NOT TO EXCEED AMOUNT OF $200,000.00. I. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 IL DESCRIPTION A. Back_rg ound This project is part of the commitments the City has made to extend utility services to South Meridian and has a two-year timeframe for completion. The overall extension of the Black Cat Trunk Sewer starts at the intersection of Victory Road and Meridian Road and runs south to approximately 1,600 feet south of Amity Road. The project encompasses approximately 8,400 lineal feet of 24 -inch trunk sewer and 1,500 lineal feet of 12 -inch gravity sewer. The termination of this trunk sewer will be located approximately a quarter of a mile south of Amity Road on the west side of Meridian Road. B. Proposed Project This phase of the project consists of constructing an approximate 2 acre parking pad, a security fence and associated light poles. The parking pad will serve as a storage area for the vehicles that are currently occupying the area of our future sewer easement. Apon relocation of the vehicles the City will be able to construct the sewer infrastructure as described above. Page I of 2 C. Describe Item Construction Contract III. IMPACT A. Fiscal Impacts Project Costs: Fiscal Year 2017 B. Estimated Construction $200,000.00 Cost Total Cost $200,000.00 Project Funding Fiscal Year 2017 Account Code / Codes 3590-93505 $250,000.00 Total Funding $250,000.00 Alternatives and Time Constraints The City could choose not to approve the construction contract. However, without the approval of this contract the completion of the overall project will be suspended. Suspension of the project will compromise the two-year completion timeframe that the City agreed to on January 19, 2016 with the participants of the South Meridian Annexation Effort. Departmental Approval: Page 2 of 2 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Brent Blake 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 $212,546 If yes, has policy been purchased? Construction Contractor - Sunroc Corporation III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 93505 10414.d TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 5/19/2017 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 3/16/2017 May 31, 2017 I. PROJECT INFORMATION 5/19/2017 01/01/208 FY17 3 Million dollars 3/15/2017 Public Works Simplot RV Relocation Pad V. BASIS OF AWARD 5/15/2017 May 22, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A Goodstanding 17452 11/30/2017 CONTRACT FOR PUBLIC WORKS CONSTRUCTION SIMPLOT RV RELOCATION PAD- CONSTRUCTION PROJECT # 10614.1) THIS/CONTRACT FOR PUBLIC WORKS CONSTRUCTION Is made this day of f�A 2017, and entered into by and between the City of Meridian, a municipal corpora ion organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Sunroc Corporation, hereinafter referred to as "CONTRACTOR", whose business address is PO Box 778 Orem, UT 84059 and whose Public Works Contractor License # is C -17452-U-1-2-4. INTRODUCTION Whereas, the City has a need for services involving SIMPLOT RV RELOCATION PAD - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 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, SIMPLOT RV RELOCATION PAD — CONSTRUCTION Project 10614.13 page 1 of 14 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the NolTo-Exceed amount of $212546.. 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 receiptof a correct invoice a nd approva I by the City. TheCitywill notwithholdany 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 add itional 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. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project 10614.D page 2 of 14 3.3 Shou ld 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 repa irs remain for the physical completion of thetotal contract. Contractorshall 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 lf, 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 delermines 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. ln 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. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Prorect ro614.D Page 3 of 14 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 Contraclor. 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. lndependentContractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an andependent 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 alltimes 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. lf in the performance of thisAgreement 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 ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, 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. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project 10614.D page 4 of 14 9. lndemnification and lnsurance: 9.2 lnsurance is to be placed with an ldaho 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 lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City S;MeLOT RV RELOCATION PAD - CONSTRUCTION page 5 of j4 Project 10614.D 9. ,l 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 specificallv aorees that it will maintain. throuqhout the term of this Aqreement, liabilitv 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 lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, 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 lnsurance, 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. ln 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, ldaho 83642. 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 Contractorand Contractor's agents, representatives, employees orsubcontractors. 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 shallconstitute 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 lmprovement 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 ldaho. ln 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. 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 page 6 of 14 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the dale 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. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project 10614.D between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: '15. Meridian StormwaterSpecifications: 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 Slormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridianciW.orq/e nviron mental.asox?id= 1 361 8 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 lnformation: 17.1 Al 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. '| 7.2 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 SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project 10614. D 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. ltems 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. 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. page 7 ot 14 olher 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 lnspections: 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: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll 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. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminale 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 ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percenl (95%) bona fide ldaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportu nity to seek such advice. SIMPLOT RV RELOCATION PAD . CONSTRUCTION Project'106'14.D page 8 of 14 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. ConstructionandSeverability: lf 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: 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 approvalthat 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. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Prqect'10614.D page I of 14 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. 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. The order or precedence shall be the contract agreement, the lnvilation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, 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 Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 208-489-0417 SUNROC CORPORATION Attn: Russell Leslie PO Box 778 Orem, UT 84059 Phone: 208-362-4244 EXT 1617 Email: Ccantrell@sunroc.com ldaho Public Works License #1745-U-1-24 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. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project 106'14. D page 10 of 14 30. Order of Precedence: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. CITY OF MERIDIAN 10 1Yei 11, 0 Dated: lD� 6Z 6�91 Approved by Council. &( & ,?0/ Attest: C,JA &E ,CITY CLERK Purchasing Approval BY: 1TJ~ KEITH TTS, Purchasing Manager Dated::�!z i Z( Project Manager BRENT BLAKE SIMPLOT RV RELOCATION PAD — CONSTRUCTION Project 10614.D SUNROC CORPORATION BY: RUSSELL. LESLIE President Dated: --�/Lollm /1011 Ot%-' cuq 60G of � rr 0 l� w SEAL / Dated.,11 Z :/31 page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1729-10614.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1729-10614.D, 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 ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS NAME BY J-U-B ENGINEERS, INC. dated 4-11- 2017 @ of pases) SPECIAL PROVISIONS/TECHN ICAL SPECI FICATIONS by J-U-B ENGINEERS, lNC. dated April 2017 (456 orpases) SIMPLOT RV RELOCATION PAO _ CONSTRUCTION Prqect 10614.D a o page '12 o'f 14 Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $2'12,546.00. A. SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project'10614.D lt/lilestone 1 Substantial Completion M ilesto n e 2 Final Completion 90 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SIMPLOT RV RELOCATION PAD - CONSTRUCTION per IFB PW-1729-10614.D NOT TO EXCEED CONTRACT TOTAL $2l2-!t6.0o 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 ofwork in accordance with the contract documents. Item No.Description Quantity Unit Unit Price 202.4.1.C.1 Excavalion and Embankment 11 ,760 SY $48,804.00 802.4.1.A.3 Crushed Aggregate Base (8-inch w/Type I Wceotextile) - RV Parkinq Area 8,055 SY $47,524.50 2010.4.1 .A 1 Mobilization (5% Max.)1 LS $10,200 00 SP- 2102.4.1 4 1 Construction Coordination 1 LS $s00 00 1 LS $s,000 00 SP- 2125.4.1 .4. 1 Permits and Licenses (Ada County Building Permit) 1 LS $1.00 SP- 2125.4.1.A. 1 Permits and Licenses (All Other Required) LS $6,000.00 SP- 2216.4.1.4 1 Storm Water Manaqemenl 1 1,102 LF $20,662.50 SP- 2831.4.1.4. 1 Fence - Type (6' Chain Link wi Top Barbed Wire Security Banier) 2 EA $4,340.00SP- 2831.4.1.8.1 Swinq Gate - Chain Link (Width 12 feet) page 13 of 14 MILESTONE DATES/SCHEDULE 60 Days from Notice to Proceed PRICING SCHEDULE Contract Pricing Schedule SP- 61,000.002 833.4.1.A.1 Wheel Stops 66 EA $8.514.00 SP- 2905.4.1.A 1 Site Electrical and Liqhtinq 1 LS $61,000.00 SIMPLOT RV RELOCATION PAD - CONSTRUCTION Project 10614.D page 14 ol 14 BID RESULTS Si g n e d Ad d e n d u m 1 Bi d B o n d Li c # Su b s X X X X X X X X X X X X X X X X X X X X Attest: Sandra Ramirez VENDOR Paul Construction Excelsior Construction Sunroc Corp. Pavement Specialties of Idaho, Inc Opened by: Keith Watts $212,546.00 $240,145.26 $231,900.00 BID AMOUNT $238,904.40 DUE DATE & TIME: 5/8/2017 2:30 BID NUMBER: PW-1729-10614.D BID NAME: Simplot RV Relocation Pad - Construction city of lreridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 3590 - flll Conatruction Plojects 60 - Enterpri.ae ttnd Frolx. 10/7/2016 Throlrgh 9/30/2017 Budget with Current Year Actuaf Budget Renaining BudgeE Remaining CapitaL Outlay Sewer Line Extensions Total Capital Outfay 5r 138 ,21 4 .24 5, 138 ,21 4 .24 182,4 t5. 3t '782,4',75 .31 4a355 119A .93 4,355,198.93 84.1'72 84.1'72 93s05 DEPT EXPENDITURES 5 !]38,214 -24 5,138,214.24 182,415.31 4.3!!rg!.!l '782,475.3r 4,355,798.93 84.'112 84-1',72 I (TOTAL EXPENDITURES PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 061 83 Bond No.: 106725911 CONTRACTOR: ame,stalus and qddress dme,dl slatfi ohd OWNER: qme, I al status and address CONSTRUCTION CONTRACT Date'. May l'7 ,2017 Amount: $ Two Hundred Twelve Thousand Five Hundred Forty Six Dollars ($212,546.00) Description: qme and BOND Date: May l7 ,2017 1'l'lot eur[ier lhan Cowtruclion Contract Date) lqce business) Amourt: STwo Hundred Twe Nrodifications tc this Bond: lve Thousand CONTRACTOR AS PRINCIPAL Company: Sunroc Corporolion (Corporate Seal) Signature: Name and Title: Five Hundred Forty Six Dollan (S212,546.00) None lf see section 16 SURETY Company:Travelers Casualty & Surety Company of America (Corporare Seal.l Signature: Name and Title: Adam Sni:w "1, ..,, .. Amorne) -ln-Facl (Any additional signatures qppear on the last page ofthis Performance Bond.1 (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: hitect,ineer or other $ I The Contractor and Suety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated herein by reference. S 2 lf the Contractor performs the Construction Contract, the Suety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. $ 3 Ifthere is no Owner Defauh under the Construction Contract, the Surery's obligation under this Bond shall arise after The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition I n At4 ofAmedca SURETY: East Broadway Avenue Rekication PW-1729-10614.D Beehive Insurance Agency 302'West,5400 Soutlir#l01 Munav. Utah 84107 Comorat!on 1500 West .1 the Owner first provides notice to the Contractor and the Suety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the O\lrer, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Suety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Suety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days ofthe Surety's receipt ofthe Owner's notice. If the Owner, the Contractor and the Suety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waiye the Owner's right, ifany, subsequently to declare a Contractor Default; .2 the Owner declares a Conaactor Default, terminates the Construction Contact and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Conkact Price in accordance with the terms ofthe Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. $ 4 Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety ftom its obligations, except to the extent the Surefy demonstrates actual prejudice. $ 5 When the Orryner has satisfied the conditions ofSection 3, the Suety shall promptly and at the Surety's expense take one of the following actions: $ 5.1 Arrange for the Contractor, with the consent ofthe Owner, to perform and complete the Construction Contract: S 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractorsi $ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Conftact, arrange for a contract to be prepared for execution by the Owner and a contmctor selected with the Owner's concrurence, to be secued with performance and payment bonds executed by a qualified surety equiyalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess ofthe Balance ofthe Contract Price incurred by the Owner as a result ofthe Contractor Default; or $5.4 Waive its right to perform and complete, anange for completion, or obtain a new contractor and with reasonable promptness under the circumsl,ances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notiQ the Owner, citing the reasons for denial. S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in defauh on this Bond seven days after receipt of an additional written notice fiom the Owner to the Surery demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Suety proceeds as provided in Section 5.4, ard the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the O\!ner. 5 7 If the Suety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Orner shall not be greater than those ofthe Contractor under the Construction Contact, and the responsibilities ofthe Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance ofthe Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting fiom the Contractor's Default, and resulting fiom the actions or failure to act ofthe Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance ofthe Conffactor. S S Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond $ 9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are uffelated to the Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set offon account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. The Company executing this bond vouches that this document conforms to American Institute ofArchitects Document A312,2010 edition 2 $ l0 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. $ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part ofthe work is located and shall be instituted within two years after a declamtion ofContractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sueties as a defense in the jurisdiction ofthe suit shall be applicable. $ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. $ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. \4hen so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 14 Deflnitions $ l4.l Balance of tho Contract Price. The total amount payable by the Own€r to the Contractor under the Construction Conhact after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalfofthe Contractor under the Construction Confiact. S itl.2 Construclion Contract. The agreement between the Owner and Contractor identified on the cover page, including all Confiact Documents and changes made to the agreement and the Contract Documents. S 14.3 Contractor Default. Failure ofthe Confactor, which has not been remedied or waived, to perform or otherwise to comply with a material term ofthe Construction Contract. $ 14.4 Owner Dofault. Failure ofthe Owner, which has not been remedied or waived, to pay the Conhactor as required under the Construction Contract or to perform and complete or comply with the other material terms ofthe Construction Contact. $ ,l4.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. $ 15 Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Ovmer shall be deemed to be Contractor. $ 16 Modifications to this bond are as follows: (Space is provided below for additional signatures ofadded parlies, olher than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporote Seal) Signature: Name and Title: Address: The Company executing this bond youches that this document conforms to American Institute ofArchitects Document A312,2010 edition 3 Signature: Name and Title: Address: Bond No.: 106725911 CONTRACTOR: (Name, legal status and address) SURETY: Uamq legal status and principal place ofbusiness) OWNER: dme,al status dnd dddress CONSTRUCTION CONTRACTDate:ffi Amounf $Two Hundred Twelve Thousand Five Hundred Forty Six Dollars (S212,546.00) Description: ame an d locati PAYMENT BOND CONTRACTOR AS PRINCIPAL Company: Sunroc Corporalion (Corporate Seal) Signatue: Name and Title: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 061 83 BOND Date: (Notierlier than Cowtruclion Contacl Date)roE .AmounL$TvicBndred Twelvq[ousand Five Hundred Forty Six Dollars ($212,546.00) Iiodificiitions tp -{ris Bond: l-I--l l-r-l See Section 18 Signature: Name and Tirle: Travelers Casualty & Surety Company of Amer ic a (C orp or ate S eal) (Any additional signatures appear on the lost page ofthis Paynent Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATM: rchilecl,En ineer or other The Company ex6cutlng thts bond vouchoe th edition at this document confo rms to Ame can lnstitute of Architects Oocument A312, 2O1O Sullroc,rCorporatien 730 North 1500 West Orem. UT 84057.',. Tower Square rcT06183 Avenue tD 83642 RV Reloc.tiori Padr- Construation. PW-1'l 29-l 061 4.D SURETY Company: rSnow.---z-A-- .lnsurance,.Agelrcy West 5400 South. # l0l Utali 84107 a .^ .. ': J '-. : :.. - ' \ .' ..- : ...,,.. _,; _' :...I .Y S I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Conshuction Conhact, which is incorporated herein by reference, subject to the following terms. $ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contmctor shall have no obligation under this Bond. $ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking pa).rnent for labor, materials or equipment fumished for use in the performance ofthe Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. $ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnifi and hold harmless the Owner against a duly tendered claim, demand, Iien or suit. $ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: S 5.,l Claimants, who do not have a direct contract \,vilh the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, fumished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last fumished materials or equipment included in the Claimi and .2 have sent a Claim to the Surety (at the address described in Section l3). $ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section l3). $ 6 If a notice of non-payment required by Section 5. I . I is given by the Owner to the Contractor, that is sufficient to satisry a Claimant's obligation to filmish a written notice ofnon-payrnent under Section 5.1.I . $ 7 When a Claimant has satisfied the conditions of Sections 5.I or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: $ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and $ 7.2 Pay or anange for payment of any undisputed arnounts. $ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surefy fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnifl the Claimant for the reasonable attomey's fees the Claimant incurs thereafter to rccoyer any sums found to be due and owing to the Claimant. $ 8 The Surety's total obtigation shall not exceed the amount of this Bond, plus the amount of reasonable aftorney,s fees provided under Section 7.3, and the amount ofthis Bond shall be credited for any payments made in good faith by the Surety. $ I Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the construction Contract and to satisfi claims, ifany, under any construction performance bond. By the Contractor fumishing andthe owner accepting this Bond, they agree that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisi' obligations ofthe contractor and Suiety under this Bond, subject to the owner,s priorify to usethe funds for the completion ofthe work. $ l0 The Surety shall not be liable to the owner, Claimants or others for obligations ofthe Contractor that are unrelated to theConstruction Contract. The Owner shall not be liable for the payrnent ofany costs or expenses ofany Claimant under this Bond, The Company execuflng this bond vou editlon chss that this document contorms to Ame rican lnstitute of Architects Document A3,12, 201O ) and shall have under this Bond no obligation to make payments to, or give notice on behalfol Claimants or otherwise have any obligations to Claimants under this Bond. $ 1l The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. $ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent judsdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (l) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. Ifthe provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sueties as a defense in thejurisdiction ofthe suit shall be applicable. $ 13 Notice and Claims to the Surety, the Owner or the Contraclor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as ofthe date received. $ 14 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. $ 15 Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and Owner shall promptly fumish a copy ofthis Bond or shall permit a copy to be made. $ 16 Definitions S 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name ofthe person for whom the labor was done, or materials or equipment ftmished; .3 a copy ofthe agreement or purchase order pursuant to which labor, materials or equipment was fumished for use in the performance ofthe Construction Contract; ,4 a briefdescription ofthe labor, materials or equipment furnished;.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment fumished as ofthe date ofthe Claim;.7 the total amount ofprevious payrnens received by the Claimant; and.8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as ofthe date ofthe Claim. S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor ofthe Contractor to furnish labor, materials or equipment for use in the performance ofthe Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitarion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumished. $ 16.3 Construction Contracl. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. $ 16.4 Owner Default, Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms ofthe Construction Contract. $ ,16,5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. $ 17 lfthis Bond is issued for an ag:eement between a Conhactor and subcontractor, the term Contractor in this Bond shall be deemed to be SubconFactor and the term Owner shall be deemed to be Contractor. The Company exocuting thls bond vouchgg that this document conforms to American lnstitute of Architecb Oocument A312, 20lO edltlon $ 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: The Company executing editlon thls bond vouches that this document conforms t;American lnstitute of A.chitects Oocument A3,12, 20,10 1 Signature: Name and Title: Address: -6. TRAYELERS.] WARNING: THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BOBDER POWER OI,- AT'I'ORNEY Farmington Casualty Company l.id€lill and Cuarantl lnsurance Companl l'idelily and Guaranty Insurance Underwriters, Inc. St. Paul Firc ard Nlarine Insurance Company Sl. Paul Guardian Insurance Companr" St. Paul Mercury lnsurance Company Trarelers Casualty and SuretJ Company Travelers Casualty snd Surety Company ofAm€rics United States Fidelit] and Guaranty Company Allornet-ln Fact No 2 3 151J3 KNOW ALI- NIEN BY THI,lsE PRESENTS: Thxr Farmingon C.rsualty CompaDy. St. Paul Fire and Marine Insurance Company, St. Paul Guardian lnsurance Compan!. Sl. Paul Mercury Insurarce Conpan]. Tralelers Casuahy md Suret), Company. Tmvelefi Casualty and Surety Company of America, and United States Fidelity and Cuaranty Company itre corporations duly orSanjzed under the laws of the State of Connecticut. that Fidelity and Guaranty I.surance Company is a corporation dult orcanizcd under thc la\r s of thc Sule of k)ua. and lhlt Fidelily and Guaranty Insurance Underwriters. lnc.. is a corporation duly organized under the laws of the Slatc ol Wisconsin (hercin collectivcly called the "Companics"). and that lhe Companies do hereby make, constitute aDd appoint w. I)ouglas Snow. D. Cory Payne, James H. Dickson. Randall J. Austin, Aaron Griflith, Mark J. Austin, Susan R. Smith. Jace Pearson. Vicki Sorensen, Brady Thom. and Adam Snow Utahof the Cilv ol . thet true and Ia*'fut Attomey(s)-in-Fad, each in lhcir scparate caprcity if more than onc is named abo!e. to sign. execute. seal and acknowledge any and all bonds, recognizances. conditional undertakings and olhcr writines oblis:ttoh- in the nalure thoreof on behalf of the Comprnies in their business of guaranreeing the fidelity of persons, guaranteeing the perfotuEnce of conlracls and cxecuting or Suarunlecing bonds nnd undcrlakings rcquired or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. thc Conrpanies have caused this instrument to be signed and their corporate seals to b€ hercto affixed. this day of February , 2017 larmington Casualty Company l'idelity and Guaranh Insuranre Company fidelitr" and Guarant'r' Insurance Underwriters, Inc St. Paul Fire and l\larine Insurance Company Sl. Paul Guardian Insuran(c Compan] l5rh St. Paul Mercury lnsuranc€ Company Travelers Casualty and Surety CompanJ Tiavelers Casualty and Suretr Company ofAmerica United States Fidelity and Guaranty Company Robert L. Rancy, SenM Vi.c Presjdent State ol Connccticut City of Hanlird ss Ilr" On this the _ bc rhc Senior Fire and Mar Casually and instrumcnt fo l_5th day ot Februarv . 2011661619 ms personally appeared Robert L. Raney, who ackno*ledged himself to vice Presidcnl of Farmington Casu lty Company, Fidelily and Cuaranry Insurance Company, Fidelity and Guamnty Insurance Underwrilers, Inc., St. paul inc Insu rancc Compan !. St . P ul Guardian In \urancc Company. St. Pau[ Mercury Insurance Company. Travelers Casualty and Surely Company, Travelerssurely company ofAmericr. and United stalcs Fidclity and cuaranty Company, and thar he, as such, being authorizeJso to do, e;ecuted the tbrcgoing r lhe purposes thercin containcd by siening on behall of rhe corporations by himself as a duly aurhorized officer. In Witness Wh€reof, I hcreunb set nry haDd and official scal My Comniss,on cxpires ihc 30rh day ofJune. 202 t. 58440,5-16 Prinred in u.s.A WABNING:IHIS POWER OF ATTOBNEY IS INVALID WITHOUTTH RED BORDEB O,ltrJ' e Marie C TeneaDh, Notary Public l9t1 19n ',95r s L certificak \o. 0 0 712 6 8 0 0 {ffi@@ ffi WARNING:THIS POWER OF ATTORNEY lS INVAL|D WTTHOUTTHE RED BORDEB This Power of Attomey is Sranted under and by the authoriry of the following resolulions adopEd by rhe Boards of Direcrors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guamnt] Insurance Underwriters. Inc.. St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Compaoy, Travelers Casualty and Surety Company of America, and United States Fidclity and Guaranly Company. which resolulions are nou in full force and effect. readins as follo{,s: RESOLVED, that the Chairman. the Presidenl. any vice Chairman. any Executivc Vice Presidcnr. any Senior vice Presidenr, any Vice Presidenr, any Second Vice President, the Trcasufer, any Assistant Treasurer, the corporate sccrelary or any Assisianr secrctary may appoint Attofneys in,Fact andAgents ro acr fof and on b€half of lhe Company and may Sive such appointee such authority as his or her ccrtificate of authorny may prcscritr to sign $ith the Company s name and seal with the Company s seal bonds, recognizances. contracls of indemnity, and othcr writings obligatory in rhe nature of a bond, recognizance, or conditional undenaking, and any of said officcrs or the Board of Directors at any timc mar remove any such appoinlee and revoke lhc poucr given him or heri and il is FURTHER RESOLVED. that the Chairman, the President. any Vice Chairman. any Executive vice PrcsideDt, any Senior vice President or any Vice President may deiegate all or any part of thc foregoing authority to one or more office$ or emphyees of this Company, provided thar each such delegation is in writing and a copy thereof is filed in the office ofthe Secrelary; and it is FURTHER RESOLVED, lhat any bond. recognizance, cootract of indemnily, or \rntin! obliga(ory in rhe nrture of a bond. recognizance, or condirional undenaking shall be valid and binding upon the Company when (a) signed by the Presidcnl. any Vice Chairman, any ExecDtive Vice Presidcnt. any Senior Vice President or any Vice President. any Second Vice Presidcnt. the Treasurer. any Assisl,rnt Treasurer, thc Corporale Sccretarl or an] Assistanr Secretary and duly attestcd and sealed wi$ the Company s seal by a Secrelary orAssistaot Secretaryi or (b) duly cxecutcd (under scal. if required) blr onc or morc Attorneys,in-Fact and Agents pursuant to the power prescribcd in his or her ceflificate or their ccrtificates of authority or by one or more Companl officers pursuant 1o a *ritten delegation of aurhorityr and ir is FURTHER RESOLVED. that the signature of erch of the following office.s: President, any Executive vice Presideflt, any senior Vice President, any Vice President, any Assisttrnt Vice President. any Secre(ary, any Arsislant Secreraiy. and rhe seal of the Company may be affixed by facsimile to any Power of Attomey or to any cenificate relating thereto appoinling Residenl Vice Presidenls. Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of execuling and atresting boods and undenakings and other $rilinSs obligatory in the nature thereof. and any such Po$er of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimilc signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which ir ir anached. I. Kevin E. Hughcs. the undersigned. Assistant Secrelary. ofFarminglon Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwritcrs, Inc., St. Paul Fire and Marine lnsurance Company, St. Paul Guardian lnsuraoce Comprny, 51. Paul Mercury Insurance Company, Tmvelers Casualty and Surcty Compan). Travclers Casually and Surety Company ofAmerica, and Uniied Slates Fidelity and Guaranty Company do hereby certify that the above and forcgoing is a true and corrcct copy of the Power ofAttomey executed by said Companjes, which is in full forcc and effect and has not been revoked. IN TESTIMONY WHEREOF, I have horeurlo sei mv hlnd and affixed the scals of said Companies this 1 Ttlr day of ry , 20 lZ d'a { KeYin E. Hughes, Assistant trr\ To verify the authenriciry of ihis Power ofA(orney, call I 800-421-3880 or contact us at www.ravelersbond.com. Please refer to the Attomey-In-Fact number. the above-named individuals and the details of the bond lo which the power is attached. 19s,. WARNING:THIS POWEB O F ATTOBNEY IS INVALID WITHOUT THE RED BOBDER {#@@ffi STATE OF UTAH COUNTY OF SALT LAKE Adam Snow being first sworn, on oath and deposes and says, that he is the attorney-in-fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and that he is duly authorized to execute and deliver the forgoing obligation; that said Company is authorized to execute the same, and has complied in all respects with the laws of Utah in reference to becoming sole surety upon bonds, undertakings and obligation. 302 West 54 00 South, Suite 101 Murray, Utah 84107 Subscribed and sworn to before me, this 17th day of May, 2017 fr)*a+a fr<n*r..- My Commission Expires: Notary Public April 17.2021 SS ) ) ) t I c HAtD M o N so NNotorfPbttcStotaofU'o h I I 7 2 02 I 69 396 6 r ?4 ln SUNRCOR-01 RMONSON--.ACORD' COVERAGES CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:REVISION NUMBER 511712017 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 AFFOROED BYTHE POLTCIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER. IMPORTANT: lf the cortiticaG holder 13 an ADDITIONAL INSUREO, the policy(ies) must be endorsed, It SUBROGATION lS WAIVED, subject to thg tErms and conditlons ofthe pollcy, certaln policies may requlre an endorsEment. A statement on this certificate does not confer rights to the cortiticato holder in li6u of guch endorsement(s). PRODUCER Beohivo lnsurance Agency 302 West 5400 South*'10{ Salt Lake City, uT 84107-8225 fi!fi[fcr nicnara Monson CPcU E 685-6860 (80 1 )68 5-2899 L bia nf beehiveinsurance,comADDRESS INSUR s AFFOROING COVERAGE nsunee a, Travelers Casual lnsurance Com n 19046 rNsunen e ,lronshore S ta lnsurance Com 25445INSURED Sunroc Corporation a wholly ownod subsidiary of Clyds Companl6, lnc. PO Box 778 Orem, UT 84059-0778 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSUREO NAI\4ED ABOVE FOR THE POLICY PERIOD INOICATED, NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUi'ENTWTH RESPECI TO W]ICH THIS CERNFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBEO HEREIN IS SUBJECT TO ALL TH E TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOYV}I MAY HAVE BEEN REOUCED BY PAID CLAIMS. ItisR SUBR POLICY NUMBER LIMITS A x COMMERCIAL GENERAL LIABILITY tractualxCon x xcu GEN'L AGGREGATE L]MIT APPLIES PER POLICY JEC'T LOC x Products Completed x x wc2Kco5642B443tND17 01to1t2017 01t01t2018 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurcnce)5 300,000 MED EXP (Any or'€ p€rson)s '10,000 PERSONAL& ADV NJURY S 1,000,000 GENERAL AGGREGATE s 4,000,000 P RODUCTS . COI"{ P/OP AGG S 4,000,000 s A AUTOMOBILE LIABILITY x A!LOWNEO AUTOS HIREO AUTOS SCHEOUIEO AUTOS NON{V1/I.JED AUIOS x wc2JcAP56428455TtL,1 7 COI,IBINED SINGLE LIN1 T s 2,000,000 01t01t2017 0110112018 BOOILY INJURY(Per pe.son) $ Bo0lLY NJURY{Peraccde.r) S S_1! $ B x UMBRELLA LIAB EXCESS LIAB x OCCUR CLAMSn/tADE 000879507 0't t01t2017 EACH OCCURRENCE $20,000,000 0110112018 AGGREGATE $20,000,000 sDEDxRETENTION $10,000 A WqRKERS COIIIPENSATIOII AND EUPLOYERS LAEIUTY ANY PROPRIETOR/PARTNER/EXECUTI!'E OFFICER/IIEMBER EICLUOED?([.nd.tory ln NH) oEscRtPTtoN oF oPERATtoNs b6rM N x wRNUB779'l C440'17 01t01t2017 0110112018 E L EACH ACCIDENI S 500,000 E L DISEASE - EA EMPLOYE $500,000 $500,000 DESCiIPnON OF OPERATTONS / LOCATIONS / VEHICLEa (ACORD 'lol, Addltloo.l R.m.rk. S.hedule, mry b. .lt ch.d I nor. 3p.c. l. r.quarorl) Thla cenmcate ia sublocl to tho torms, condltlon! & oxclusions o, tho .bove policies. The Clty of ilerldlan ia a pdmarJ, non{ontrlbutory addltional insurod on the Auto Llabllity por CAT47402'15 & coneral Liability por CGD2460805.RE: Slmplot RV Roloc.tlon Pad . Constructlon PW.1729.10614.D CERTIFICATE HOLOER CANCELLATION City of Merldlan 33 Eaat Broadway Avenue Merldlan, lD 83 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @'1988-20'14 ACORO CORPORATION. All rights reserved kACORD 25 (2014/01)The ACORD name and logo are registered marks ofAcoRD Yt INSURER C : INSURER D: INSURER E : INSURER F : TYPE OF INSURANCE @ o".r" EL /2/-48-- poLtcy NUMBER: wc2Kcos642B443rNo17 coMMERcIAL GENERAL LlABlLlw ISSUE DATE: 12l15/16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (coNTRACTORS) This ondorsemont modilies insurance providsd undsr ths following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO lS AN INSURED - (Soction ll) ls amended to include any pgrson or organization thal you Egreo in a \,vdtton contrcct rgquiring insurance" lo lncluds as an additional insursd on this Cover- ags Part, but: 8) Only with respect to liability for "bodily injury", "proporty damage' or 'psrsonal injury'; and b) lf, and only lo the extont that, the injury or damags ls caused by acls or omissions of you or your sub@ntractor in the performancs of'your work'to which ths'wrlttsn contract roquiring insurance. appli8s. Th6 person or organlzatlon does not quslify aB an additional insured with raspBct to the indopendant scts or omisSlons of such porson or organization. 2. Tho in8ursnca provided to ths addltional insursd by thl6 ondorsement is limited as follows: a) ln ths evont that the Limits of lnsuranco of this Covorago Part shown in the Oeclarations excosd ths limits of liability rsquired by tho "writton contract requiring insuranco", the in- suranco provided to the additional insured shall b€ limited to th6 limits of liability re- quir6d by that "written contract requiring in- Buranc€". Thls endorsemsnt shall not in- croas€ the limits of insuranco described in Sectlon lll - Llmits Of lnsuranco. bl Ths insurance providod to the additional in- 6ured does not apply to 'bodily injury", "prop- €rty damage" or 'pe6onal injury'' arising out of tho rondering of, or failuro to rsndsr, any professional architectural, engineering or sur- veying services, including: l. Ths prepsring, approving, or faillng to pr€pare or approvs, maps, shop draw- ings, opinions, reports, survoys, fisld or- dors or changs orders, or the preparing, approvlng, or failing to prepare or sp- prov6, drawings and spocifications; and ll. Sup€rvisory, inspsction, archilsctural or engineering activities. c) The insurance provided to tho additional in- sured doas not apply to "bodily injury" or "property damage' caused by "your work" and included in tho "products-complstsd op- erations hazard" unless tho "writton contract rBquiring insurance" specifically requires you to provide such coverage for that additional insurgd, and then the insurance provided to the additional insured applies only to such "bodily injury" or "proporty damage" that oc- curs before the end of ths period of time for which the "written contract roquiring insur- ance' requires you to provido such covarago or ths ond of ths policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excsss over any valid and colloctiblo "oth6r insurance", whether pdmary, sxcoss, contingent or on any other basis, that i8 available to ths additional insured for a loss we covor under this endorsement. Howevor, if the "writl€n contract requiring insurance" specifically roquiros that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "olher insurance' availablo to tho additional insured which covars that person or organization as a named insured for such loss, and we will not shar€ with that.other insurance". But th€ insurance provided to the additional insured by this endorsement still is excess over any valid and colloctible ''oth€r in- surance", whsther primary, 6xc8ss, conting€nt or on any othsr basis, that is availabls to the addi- tional insured when that person or organization is an additional insursd und€r such "other insur- ance". 4. As a condition of coverage provided to the addltional insur6d by this endorsement: a) Tho additional insured must give us written notice as soon as practicable of an "occur- rencs" or an offsnss which may r€sult in a claim. To the extent possible, such notice should includ6: cG D2 46 08 05 @ 2005 The St. Paul Travolors Companias, lnc.Page 1 of 2 COMMERCIAL GENERAL LIABI LITY l. How, when and whers th6 "occurrenc6' or offans€ took plac€; ll. The names and addreEses of any injured peBons and witne8$s; and lll. Th6 naturo and location of any injury or damage arising out of the 'occunenco" or offsnse. b) lf a claim is mad6 or "suit" is brought against ths additional lnsured, lhe 6dditional insur€d must: L lmmediatoly recod lho speciflcs of the clalm or "suit" and tho dats received: and ll, Nollfy us as soon as prsctlcable. Ths additional lnsured musl see to it that we recoivo writtsn notice of tho claim or "suit' as aoon as practicable. c) The addltlonal insured mu8t immediately send us copiss of all legal pap€rs rsceivod in connection with tho claim or'8uit', coop€ratB with us in lhe investigation or setllsmgnt of ths claim or defonse agalnsl the 'suit', and otherwl8e comply with all policy conditions. d) Tho edditional insurcd must tender ths de- fenso and indemnity of any claim or "suit* to any providor of "other insurance" which would cover lhs additional insured for a loss we covar undor this sndorsement. Howevar, this condition does not affect whether the insur- ance provided to the addilional insured by this endorssment is primary to "other insur- ance" availabl6 to tha additional insursd which covers that pBrson or organization as a named insurad as doscribed in paragraph 3. above. 5. The following deflnition is added to SECTION V. - OEFINITIONS: "Written contract requirjng insurance" m€ans that part of any writtsn contract or agresment undsr which you are rBquired to includs a person or organization as an additional in- sured on this Coverage Part, providod that the'bodlly injury" and "property damage" oc- curs and ths "personal injury" is caused by an offenss committed: a. After the signing and exocution of tha contract or agresment by youi b. While that part of the contract or agresment is in effact; and c. Bofors the end of the policy period. Page 2 ol 2 O 2005 The St. Paul Travelors Companios, lnc.cG D2 46 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDTTIONAL INSURED - PRIMARY AND NON.CONTRIBUTORY WITH OTHER INSURANCE Thls endor8emont modifie6 insurancs provldad undsr ths followlng: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. Ths follotying ls added to Paragraph A.1.c., Wholr An lnrured, of SECTTON lt - COVERED AUTOS LIABILITY COVERAGE: Any psrson or organizstion who is required under a written contract or agrs6m6nt betwBan you and lhat parson or organization, that is signed and oxecutsd by you before the "bodlly injury" or "property damagei occurs and that is iit ;tf6ct during ths pollcy period, to bB namsd as an addi- tional insurod is an "insured" for Covered Autos Liability Coverago, but only for damages to which this insurance apptios and only to the extent that porson or organization qualifies as an ,,insurod', undar ths Who Is An lnsurBd provision contained ln SECTION ll. POLICY N UMBER: VTC2JcAP5642B4s5TlL17 COMMERCIAL AUTO ISSUE DATE: 12l1sl16 2, Th6 following is added to paragraph 8.5,, Olhor lnsurance of SEGTION tV - BUSTNESS AUTO CONDITIONS: Regardless of lhe provisions of paragraph a. and paragraph d. of this part 5. Othsr lnsurance, lhis insurancs is primary to and non-contributory with applicable othBr insurance under which an addi- tional insursd psrson or organization is the first named insured when lhe written contract or agregm€nt betwsen you and that person or or- ganization, that is signed and ex8cuted by you before the "bodily injury" or "property damags,, occufti and thal is in effect during the policy pe- riod, requires this insurance to be primary and non-contributory. cAT{. 74 02 15 O2016 Tho Travate.s hdarnnlty Compony. All.;ghts roserved. hcludco copyalghlad mat6 al of ln8urance Seruicgs Ofllco,-lnc. with tls psrmi6s.on. Page 1 of '1 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Amendment to January 24, 2017 Subrecipient Agreement Between City Of Meridian and West Ada School District for PY 2015 Community Development Block Grant Funds adjusting grant allocation amount from $65,000 to $80,000 for the Meridian Picnic Shelter Project MEETING NOTES VCA catej Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM TO SUBRECIPIENT AGREEMENT – WEST ADA SCHOOL DISTRICT PAGE 1 OF 3 FIRST AMENDMENT TO JANUARY 24, 2017 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND WEST ADA SCHOOL DISTRICT FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment To January 24, 2017 Subrecipient Agreement Between City Of Meridian And West Ada School District for PY 2015 Community Development Block Grant Funds (“First Amendment”) is entered into this 6th day of June, 2017 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho (“City”) and West Ada School District, a school district organized under the laws of the state of Idaho (“Subrecipient”). WHEREAS, on January 24, 2017, City and Subrecipient entered into a Subrecipient Agreement Between City Of Meridian And West Ada School District for PY 2015 Community Development Block Grant Funds (“January 24, 2017 Subrecipient Agreement”); and WHEREAS, by this First Amendment, the parties desire to: 1) increase the amount provided to Subrecipient for the purposes outlined in the January 24, 2017 Subrecipient Agreement, from $65,000 to $80,000; 2) clarify that the term of the January 24, 2017 Subrecipient Agreement will run through September 30, 2017; and 3) establish that the Subrecipient’s activities will be funded from both Program Year 2015 (PY15) CDBG funds and unallocated Program Year 2016 (PY16) CDBG funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. Section I(A) modified. Section I(A) of the January 24, 2017 Subrecipient Agreement shall be amended to read as follows: A. Activities. Subrecipient shall use City’s PY15 and unallocated PY16 CDBG funds in the amount of eighty thousand ($80,000) to purchase and install a picnic shelter and park- like amenities to be located at Meridian Elementary School, a public school. Specifically, Subrecipient shall undertake the following activities: 1. Utilize an open competitive bid process which satisfies Idaho Code section 67-2806 for the selection of a vendor and installer of the picnic shelter and amenities. 2. Consult with the City CDBG Administrator and the City Purchasing Manager prior to advertisement of the bid documents and prior to signing the vendor contract for the equipment and installation to ensure inclusion of proper language related to the Davis Bacon Act requirements and Section 3 of the Housing and Urban Development Act of 1968. 3. Contractually require selected vendor to comply with Davis Bacon Act wage requirements and reporting for the installation of the shelter and equipment. 4. Ensure selected vendor submits all required Davis Bacon wage documentation, including weekly payroll reports, for the installation of the picnic shelter and amenities to West Ada School District or to City of Meridian. FIRST ADDENDUM TO SUBRECIPIENT AGREEMENT – WEST ADA SCHOOL DISTRICT PAGE 2 OF 3 5. Purchase and install picnic shelter and amenities at Meridian Elementary School. Submit draw down request to the City for reimbursement of said purchase up to $80,000. II. Section I(B) modified. Section I(B) of the January 24, 2017 Subrecipient Agreement shall be amended to read as follows: B. National Objective. Subrecipient certifies that the activities carried out with City’s PY15 and unallocated PY16 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program’s National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient’s activities under this agreement shall benefit a low to moderate income area (24 CFR § 570.208(a)(1)). III. Section I(F) modified. Section I(F) of the January 24, 2017 Subrecipient Agreement shall be amended to read as follows: F. Time of performance. Services of Subrecipient shall start no earlier than October 1, 2016 and end on September 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. IV. Section II(B)(1) modified. Section II(B)(1) of the January 24, 2017 Subrecipient Agreement shall be amended to read as follows: B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City’s PY15 and unallocated PY16 CDBG funds in the amount of eighty thousand ($80,000) to purchase and install a picnic shelter and park-like amenities to be located at Meridian Elementary School, Meridian, Idaho. 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. V. Section II(C)(4) modified. Section II(C)(4) of the January 24, 2017 Subrecipient Agreement shall be amended to read as follows: 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $80,000. Draw downs 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 monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: copy of the invoice for all equipment and services from selected vendor and proof of payment by the subrecipient to the vendor. FIRST ADDENDUM TO SUBRECIPIENT AGREEMENT – WEST ADA SCHOOL DISTRICT PAGE 3 OF 3 VI. Section V(A) modified. Section II(C)(4) of the January 24, 2017 Subrecipient Agreement shall be amended to read as follows: 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 West Ada School District Attn: Christopher Pope Attn: Marcus Meyers CDBG Program Administrator Principal, Meridian Elementary 33 E. Broadway Avenue 1303 E. Central Drive 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 part y in the manner herein provided. VII. January 24, 2017 Subrecipient Agreement Fully in Effect. The intent and effect of this First Amendment is to increase the amount provided to Subrecipient for the purposes outlined in the January 24, 2017 Subrecipient Agreement, from $65,000 to $80,000; clarify that the term of the January 24, 2017 Subrecipient Agreement will run through September 30, 2017; and establish that the Subrecipient’s activities will be funded from both Program Year 2015 (PY15) CDBG funds and unallocated Program Year 2016 (PY16) CDBG funds. Except as expressly set forth herein, this First Amendment does not otherwise modify or alter any term or condition of the January 24, 2017 Subrecipient Agreement in any way. The January 24, 2017 Subrecipient Agreement remains in full effect, and all terms and conditions thereof are incorporated into this First Amendment as though fully set forth herein. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: West Ada School District __________________________________ By: Dr. Mary Ann Ranells District Superintendent CITY: City of Meridian Attest: ___________________________ ___________________________ By: Tammy de Weerd, Mayor C.Jay Coles, City Clerk Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7R PROJECT NUMBER: ITEM TITLE: 6 : Reflection Ridge (H-2017-0071) Slope Easement Vacation Resolution No./7` MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-052121 BOISE IDAHO Pgs=4 HEATHER LUTHER 06/08/2017 04:35 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING THE SLOPE EASEMENT THAT EXISTS ON LOT 17, BLOCK 12 OF REFLECTION RIDGE SUBDIVISION NO. 5 (GRANTEE: CITY OF MERIDIAN, GRANTOR: MISSION COAST PROPERTIES, ID, INC.) LOCATED AT 635 E. VIVID SKY DRIVE IN SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 23, 2017 the City Council of the City of Meridian, held a hearing on the vacation of the slope easement that exists on Lot 17, Block 12 of Reflection Ridge Subdivision No. 5, as shown in the attached Exhibit "A"; and WHEREAS, the subject property is located at 635 E. Vivid Sky Drive in Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the slope easement that exists on Lot 17, Block 12 of Reflection Ridge Subdivision No. 5, located at 635 E. Vivid Sky Drive in Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. l PASSED by the City Council of the City of Meridian Idaho, this 6 day of June, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this �o day of June, 2017. J�ei j� Rltdl C6L)1,JGrG PO REFLECTION RIDGE SUBDIVISION VACATION TEST: C.J Cole ity Clerk STATE OF IDAHO, ) ss County of Ada ) On this day of t,Uig; , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared -TZAN+N+*-d `- � and C.JAY COLES, known to me to be the *taym-and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, seal the day and year first above written. e�eeeee•e e•.vlA� ut, se•• ��•eeeeeeee I have hereunto set my hand and affixed my official �fi(?'?tcm NOTARY PUBLIC FOR IDAHO RESIDING AT: — `; MY COMMISSION EXPIRES: " - REFLECTION RIDGE SUBDIVISION VACATION — H-2017-0060PAGE 2 OF 2 Existing Slope Easement to be Vacated Project: 150182 Date: April 13, 20,17 Page I of I EXHIBIT "A" SIGP#,' Easolnent V;Ication T-0 R�c Located in Lot 17, Block 12 ofReflection Ridge Subdivision No. 5, recorded in Book- 110 of Plats, at Pages 15760-15764, records of Ada County, Idaho, located in the WE 1/4 of the SWIA orseclioll.10, Township 3 North, Range I Last, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the center northeast (northern -utast) corner of %aid Lot 17; thence, along the southwesterly right-of-way of E, Vivid Sky Drive as shown on said Mat and the exterior boundary of said Lot 17, A) S34-046, 46,'El 117.46 rcet to (he POINT OF BEGINNING; thence, continuing along said right-of- way and boundary, 1) S,34 -46'16"E, 23,55 Feet to the bet of as (abient carve; thence, 2) Soutlicasterlyalong, said curve to the left, having a radius of 162,00 feet, an art lengtb of 26.90 feet, through a central angle of of which the long rhord bears 93903 26.87 feet, thencia, leaving said right-of-way, tion -tangent from said curve, continuing along said exterior boundary, 3) S.45043i40-W., 44.97 feet; thence, 4) N.70 -56'45-W , 152.78 feet* thence, 5) 11.52-5219"iV,. 54.59 rect; thence, 6) N.55013'44 --E., 23.15 feet; thence, leaving said exterior boundary, 7) 5.52`5239'T, 56.79 reet, thence. 8) S.70`56145"E, 90,11 rect; thence, q) N,45 -43 '00"E-., 56.05 rest to the POINT OF BEGINNING. CONTAINING 5,900.%q. ll. SUBJECT TO, Record docuracrits. EXHIBIT "B" attached, and by this reference made a part hcroo f, "M71 $outhrit*rijwrn Plaae, Meridian, ID O3642 phone (2081 323-22ftn Fa. t"$) 32a.23f)* Aviation I Transportation I Land Development t Munlaipol I Water Resources I Surveying 11 Landscape Architecture I I'M 171 ock 12 slopc esna Lot 17 shilid ctmancrit vimiltuln"doiA, Reflection Ridge Sub 5 Lot 17 Blk t2 — VAC H-2 , 017-0071 Located in Lot 17, Block 12 of Reflection Ridge Sv division tdb. 5; Lying in the NE114 of the SWI14;df Section 30, Township 3 North, Range 1 East, Eloise Meridion. Ada County: Idaho 2017 Z : CK 12 .r r Existing Public utiliti is y , and drainage easement, di ensirsned 45 $i1aWIF j W ca' it 12 Lf, 516 IP CURVE TABLE CURVE RAOJUS lENGTH I WLTA HEARING CH{]RD' CI 162,00' 217.90` 9',+"0'44' 53931-3S"E 26 6ti` Reff ction Ridgy auks 5 Lot 17 silk 12 — VAC H-2017-0071 A 25 0 25 s0 " Pbilnn IQ Rebar, PLS 13745 0 Calculate+! pant I Angle pdnt:. Tao ENCSINEER.S 2471 $. TITANIUM PLACE MERIDIAN, IDAHO 83642-6703 PHONE: (20) 323.=7 ENI. (MB) 323.2309 M3;: tY5#'473.1 1EElWrfzcn WE4,01' Al .63:J5 u Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7S PROJECT NUMBER: ITEM TITLE: Finance Vendor Payments Made on May 31, 2017 of $698,891.14 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 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 A-1 STAMP & MABEL'S LABELS 220/Stamp 20.00 01 General Fund A-1 STAMP & MABEL'S LABELS Name Plate 10.00 01 General Fund A-1 STAMP & MABEL'S LABELS Stamps for Evidence - Qty 2 76.00 01 General Fund AMERICAN SOC LANDSCAPE ARCHITE ASLA membership dues for J Gibbons 8/1/17-7/31/18 440.00 01 General Fund ASSOC OF IDAHO CITIES Registration, T. DeWeerd & R. Simison, AIC Annual Conference 590.00 01 General Fund BACK 2 BLACK SEALCOATING & STRIPING, INC. Parking Lot Maintenance 5,999.43 01 General Fund BERRY ELECTRICAL SERVICES, INC.Replaced down pole 41292C hit by bus 2,985.63 01 General Fund BILL SCHULER Expense Report, B. Schuler, NFA Course-Cultural Competence i 50.00 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/2 Navy Chief shirts, Med Tall 235.66 01 General Fund BOISE PAINT & SUPPLY Paint for Patrol Office - Qty 1 Qt 18.89 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 5/15-5/19/17 - qty 41 games 1,107.41 01 General Fund BRADY INDUSTRIES, LLC.220/Truck wash, Cleaner & Towels St. 5 98.79 01 General Fund BRIGHT IDEAS LIGHTING COMPANY 6 Lamps & 1 Ballast for Non-Emergency Lighting Repairs 273.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Back-up batteries for emergency lights - Qty 22 616.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Homecourt ballast replacements - Qty 6 692.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY photocell replacement at Heroes Park 47.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Supply & Install LED Light Fixtures at Homecourt - Qty 5 249.83 01 General Fund BRIGHTON PROPERTIES, LLC Refund, LD-RSUB-2017-0015, Refunding Fees For One Sheet QLPE 260.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/Lube,Oil,filter, MF020 52.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Cabin Filter for Unit #15 87.40 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit #13 60.00 01 General Fund BSN SPORTS, INC.end caps for bleachers - qty 3 pkgs 36.45 01 General Fund BSN SPORTS, INC.Girls Fastpitch Tournament softballs - qty 11 dozen 883.26 01 General Fund Campbell Tractor Co.parts for Heroes Park John Deere 1600 mower - qty 10 42.26 01 General Fund CANYON HONDA First Oil Change & Break in Service Unit #526 109.78 01 General Fund CANYON HONDA Fix Loose Handlebars for Unit #521 37.08 01 General Fund CASCADE FENCE COMPANY, INC.Tully gate hardware - qty 11 52.57 01 General Fund CHAD SLICHTER Refund, H-2017-0074, Customer Paid for Unnecessary Variance 1,056.00 01 General Fund CHARLIE BUTTERFIELD Per Diem, C. Butterfield, Blue Card Hazard Zone Conference, 206.50 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash May 2017 160.19 01 General Fund CLOVERDALE NURSERY sod for worn spots at Settlers & Kleiner - qty 100SQFT 27.00 Date: 5/25/17 11:23:39 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 D & B SUPPLY 220/St. 4, shop supplies, plastic weld & rivets - qty 2 7.08 01 General Fund D & B SUPPLY bolts for Kleiner edgers & trimmers - qty 16 13.12 01 General Fund D & B SUPPLY bolts for mower repair - qty 4 6.58 01 General Fund D & B SUPPLY garden hose & hardware for Bark Park & Lanark washbay x 10 137.90 01 General Fund D & B SUPPLY Kleiner mower fuse x 1; Kleiner volleyball net hardware x 4 10.05 01 General Fund DAVID JONES Per Diem, D. Jones, Blue Card Hazard Zone Conference, Phoeni 206.50 01 General Fund DEBEST PLUMBING, INC Replaced insta hot tank City Hall 455.80 01 General Fund DELL MARKETING L.P.VLA Acrobat Pro DC 2015 License Universal English Perpetual 298.71 01 General Fund DELL MARKETING L.P.VLA Visio STD 2016 327.82 01 General Fund DIRT DART MOBILE BIKE SERVICE INC SWAC Contribution for Recycle A Bicycle Event 500.00 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 220/Prev Health exams, D. Hill, JD Hendrick 1,136.96 01 General Fund ESS INC Safety Glasses for Patrol - Qty 20 1,290.00 01 General Fund FIRE EXTINGUISHER CO 220/New fire extinguisher, St. 2 125.00 01 General Fund FIRE EXTINGUISHER CO annual fire extinguisher service at Community Center 25.00 01 General Fund FRANKLIN BUILDING SUPPLY sono tube for Kleiner Rock of Honor time capsule - qty 1 42.99 01 General Fund G & R AG PRODUCTS INC sprayer repair parts for Settlers Park - qty 9 21.52 01 General Fund HICKS BROTHERS WOOD FLOORS repair floor damage from portable basketball hoop/Homecourt 985.00 01 General Fund HILAREY JOHNSON instructor fee - Martial Arts 4/11-5/5/17 - qty 21 636.00 01 General Fund HOME DEPOT CREDIT SERVICES 1x2x8 Wood Strips for Shield Training - Qty 38 42.30 01 General Fund HOME DEPOT CREDIT SERVICES 220/Materials for roof props - training 14.84 01 General Fund HOME DEPOT CREDIT SERVICES 220/Roof training prop supplies, fir strips, hangers - qty32 157.38 01 General Fund HOME DEPOT CREDIT SERVICES 220/Steel carbide chains-5 & blades-5 packs, all stations 254.70 01 General Fund HOME DEPOT CREDIT SERVICES Credit for Sales Tax Charged on Inv# 1804 00014 75987 (2.40) 01 General Fund HOME DEPOT CREDIT SERVICES drive socket, velcro squares, bleacher repair hardware x 5 36.63 01 General Fund HOME DEPOT CREDIT SERVICES Vacuum, socket set, saw. hex keys, light, barreries, blades, 581.23 01 General Fund IDAHO POWER 2200773816, City Hall Power, May 2017 6,431.91 01 General Fund IDAHO POWER 2223029774, Street Lights Power, May 2017 57.17 01 General Fund IMPACT PEST SERVICES Bird and pest control at City hall 279.00 Date: 5/25/17 11:23:39 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 INT'L ASSOC OF FIRE CHIEFS 220/IAFC Membership Dues, 9 emp, June 2017 to June 2018 2,311.00 01 General Fund JEREMY LINDLEY Per Diem, J. Lindley, National Law Enforcement Child Exploit 310.50 01 General Fund JESSICA BRAZELL Refund, TUP-17-0028, Withdrawn Application for Temp Sales Pe 65.00 01 General Fund JOHNSTONE SUPPLY HVAC Belt - Qty 1 8.22 01 General Fund L.N. CURTIS AND SONS 17-0212 220/Extrication Equip, 4 cutters, 4 spreaders 71,280.00 01 General Fund L.N. CURTIS AND SONS 220/2 Navy cotten job shirts, XXL Tall 153.98 01 General Fund L.N. CURTIS AND SONS Corrected Name Plate - N. Allex 14.85 01 General Fund L.N. CURTIS AND SONS Name plate for Lt. Leslie 14.85 01 General Fund LARRY MILLER SUNDANCE DODGE Used Wheels With Tires for 2012 Ram Unit #20 500.00 01 General Fund LARSON-MILLER, INC Haz Mat Evidence Destruction 322.66 01 General Fund LEROY SUNADA Per Diem, L. Sunada, National Law Enforcement Child Exploita 310.50 01 General Fund LES SCHWAB TIRE CENTER Storey Park golf cart tires - qty 2 117.32 01 General Fund LOWE'S Replaced fridge in IT 1,234.05 01 General Fund MARK NIEMEYER Per Diem, M. Niemeyer, Blue Card Hazard Zone Conference, Pho 206.50 01 General Fund MARY E GEAGAN 17-0088 Growing Together mtgs, roundtable, communication 3,625.00 01 General Fund MARY E GEAGAN 17-0133 Health Science & Tech Professional Svcs-mtgs, etc 4,500.00 01 General Fund MASTER ROOTER PLUMBING 220/Clear drain at St. 1 215.00 01 General Fund MASTERCARD MC Pre-Pay Fire #5, #8753, Low Balance As Of 5/25/17 3,500.00 01 General Fund MASTERCARD MC Pre-Pay IT #11, #0438, Low Balance as of 5/23/17 5,000.00 01 General Fund MCCALL STUDIOS 17-0277 pay #1 Journey of Heroes public art at Heroes Park 30,000.00 01 General Fund McGUIRE BEARING CO Belts for IT data air unit - Qty 8 75.04 01 General Fund MDF-MOST DEPENDABLE FOUNTAINS drinking fountain parts for all parks - qty 28 1,115.00 01 General Fund MINUTEMAN, INC.Keys for Vault 6.75 01 General Fund MINUTEMAN, INC.Kleiner Park bandshell lock lubing 102.00 01 General Fund NAPA AUTO PARTS 220/veh mtnc E31, Radiator cap - Qty 2, Antifreeze - Qty 6 66.92 01 General Fund NAPA AUTO PARTS Batteries for Camera - C.Fawley 6.49 01 General Fund NAPA AUTO PARTS Lacquer to Clean Road Paint off Vehicles 22.21 01 General Fund NAPA AUTO PARTS Washer Fluid for PD Vehicles - Qty 6 16.14 01 General Fund NESMITH BROTHERS TOWING Evidence Tow DR# 17-2571 193.00 01 General Fund NESMITH BROTHERS TOWING Tow Unit # 17 - No Start 50.00 Date: 5/25/17 11:23:39 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 NESMITH BROTHERS TOWING Tow Unit # 17 to Dodge 50.00 01 General Fund NEURILINK, LLC NEC 8000 lumen laser projector - qty 1 9,970.75 01 General Fund OFFICE DEPOT, INC.220/ paper & toner - qty 2 120.82 01 General Fund OFFICE DEPOT, INC.220/Document Covers - Qty 4 Pkg 23.16 01 General Fund OFFICE DEPOT, INC.220/Paper & Laminating pouches - Qty 4 74.54 01 General Fund OFFICE DEPOT, INC.Cash boxes, Calendar, Index Flags, Badge Holders, Highlighte 202.54 01 General Fund OFFICE DEPOT, INC.clips, note pad, copy paper, notebooks - qty 7 95.30 01 General Fund OFFICE DEPOT, INC.highlighter, rubber cement, pencil, lead - qty 6 16.84 01 General Fund OFFICE DEPOT, INC.office supplies-calendars for conference rooms - qty 2 19.88 01 General Fund OFFICE DEPOT, INC.office supplies-engineering scales/highlighters/pens 44.91 01 General Fund OFFICE DEPOT, INC.office supplies-pens - qty 1 dozen 8.09 01 General Fund OFFICE DEPOT, INC.office supplies-step stool 30.38 01 General Fund OFFICE DEPOT, INC.Paper Holder for S. Ramirez 12.57 01 General Fund OFFICE DEPOT, INC.printer toner; post-it flags, arrows, notes; correction tape 67.28 01 General Fund OFFICE DEPOT, INC.Storey Bark Park signs - qty 3 5.61 01 General Fund OFFICE TEAM Temp Position, A. Kulig, Week Ending 5/5/17, 15 Hours 277.35 01 General Fund OFFICE VALUE - MERIDIAN Chairmat, KeyBoard and Door Stops for PD - Qty 3 93.77 01 General Fund PACIFIC BACKFLOW 220/Repair backflow in building, St. 5 281.70 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank 15; unleaded for truck 15 309.96 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank 9 254.52 01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for fleet truck 27 80.06 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 23 98.76 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 5 35.01 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 10 81.08 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 57.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 12 75.69 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 14 58.29 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 18 115.91 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 30 65.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 6 129.95 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 7 26.57 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 9 134.75 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for recreation van 22.25 01 General Fund PLATT Lamp Holders for Florescent Lights in K9 Bldg - Qty 7 29.35 01 General Fund PRIMO POWDERCOATING INC.powdercoat 9 Kleiner disc golf signs 250.00 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Registration, J. Fuller & J. Simon, Hostage Negotiations Cer 1,390.00 01 General Fund RAIN FOR RENT end cap for Settlers sound garden repair - qty 1 35.00 Date: 5/25/17 11:23:39 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 SHADOWS EMBROIDERY & SCREEN PRINTING Screen Print Shirts for Youth Advisory/Spring Safety Fling 246.00 01 General Fund SHADOWS EMBROIDERY & SCREEN PRINTING Shirts for Youth Advocacy/Spring Safety Fling - Qty 350 1,970.00 01 General Fund SHRED-IT USA, LLC.Document Shredding for Clerks, MUBS, Finance - April 2017 137.63 01 General Fund SIGNS, ETC Replace 7 signs at City Hall 449.40 01 General Fund SILVER CREEK irrigation PVC pipe for Kleiner - qty 40 7.32 01 General Fund SILVER CREEK sprinklers for all parks - qty 214 1,360.92 01 General Fund SIMPLEX GRINNELL 17-0128, monthly alarm monitoring June 2017 466.74 01 General Fund SIMPLEX GRINNELL 17-0136, PSTC - annual monitoring sprinkler testing 455.37 01 General Fund SIMPLEX GRINNELL 17-0136, PSTC Test and inspect fire/sprinklers 3/31/17 173.80 01 General Fund SIMPLEX GRINNELL 17-0136, Spinkler test & inspection City Hall 158.83 01 General Fund SIMPLEX GRINNELL Service Fire Extinguishers from Patrol Cars - Qty 3 118.00 01 General Fund Tami J Leach instructor fee - Senior Pickleball 4/13-5/4/17 - qty 10 440.00 01 General Fund TREASURE VALLEY STEEL, INC.tin for Tully dugout repairs - qty 761 305.43 01 General Fund TURF EQUIPMENT & IRR., INC.steel drag mat for Jacobsen groomer - qty 1 299.00 01 General Fund UNIFORMS 2 GEAR 2 Short Sleeve Motor Shirts for TJ Cambron 137.40 01 General Fund UNIFORMS 2 GEAR Credit for Incorrect Name Plates - Qty 6 (75.00) 01 General Fund USSSOA basketball officiating 5/8-5/12/17 - qty 9 games 472.59 01 General Fund USSSOA volleyball officiating 5/8-5/12/17 - qty 36 games 785.37 01 General Fund WEIDNER & ASSOCIATES 220/1 Fire Officer's Tool kit 95.49 01 General Fund WW GRAINGER, INC 220/degreaser & batteries, St. 1 28.06 01 General Fund WW GRAINGER, INC 220/Kitchen towels, white & brown, St. 4 96.18 01 General Fund XEROX CORPORATION - PASADENA BOW-588861, 220/Copier Lease 04/17 & Additional Copies 595.74 01 General Fund ZONES Double Cell/LTE connecting via SMA Double WiFi Connecting 2,655.00 Total 01 General Fund 182,025.81 07 Impact Fund JENSEN BELTS ASSOC 17-0297 const admin svcs Hillsdale Park thru 03/30/17 1,863.00 07 Impact Fund JENSEN BELTS ASSOC 17-0297 const admin svcs Hillsdale Park thru 04/30/17 1,094.00 07 Impact Fund LANGSTON & ASSOCIATES land appraisal report for Reta Huskey Park 2,500.00 07 Impact Fund MATERIALS TESTING & INSPECTION 17-0279 prof svcs Reta Huskey Park test/inspect 5/1-14/17 712.00 Total 07 Impact Fund 6,169.00 Date: 5/25/17 11:23:39 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 20 Grant Fund governmental BETHANY GADZINSKI 17-0059, Evaluation Contract Work for MADC - 3/7/17-5/9/17 1,875.00 20 Grant Fund governmental KTVB 16-0373, MADC Natural High Campaign Advertising- 4/1/17-4/30 2,458.56 20 Grant Fund governmental KTVB 16-0373, MADC Natural High Campaign Advertising- 5/1/17-5/25 2,486.94 20 Grant Fund governmental MONTE STILES, LLC 16-0407, Policy Advocacy Consulting for MADC, April 2017 1,250.00 20 Grant Fund governmental MONTE STILES, LLC 16-0407, Policy Advocacy Consulting for MADC, March 2017 1,250.00 20 Grant Fund governmental MONTE STILES, LLC 16-0407, Policy Advocacy Consulting for MADC, May 2017 1,250.00 20 Grant Fund governmental THE LAMAR COMPANIES MADC Billboard on Fairview Ave, April 2017 - 12 Week Campaig 2,750.00 Total 20 Grant Fund governmental 13,320.50 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC air filters 194.94 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC Pleated HVAC filters 73.20 60 Enterprise Fund ANDY THOMPSON CONSTRUCTION Refund, 2301205004, Wat/Sew/Trash, 131 W Idaho Ave, Customer 533.91 60 Enterprise Fund ASSOC OF IDAHO CITIES Registration, D. Miles, AIC Annual Conference, Boise ID,295.00 60 Enterprise Fund ASSOC OF IDAHO CITIES Registration, W. Stewart, AIC Annual Conference, Boise ID, 295.00 60 Enterprise Fund BEN D. & DEANN L. JANSEN Refund, 1010008805, Wat/Sew/Trash, 3031 W Wilder St, Title C 142.37 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, MUBS Bills 5/5/17 & Republic Service Newsletters 7,449.48 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, MUBS Delinquent Notices 5/8/17 - Qty 1,700 1,009.73 60 Enterprise Fund BOISE CALIBRATION SERVICE Equipment Maintenance 45.00 60 Enterprise Fund BROWN & CALDWELL 17-0118, WRRF Facility Plan Update - Service 2/24/17-3/30/17 16,952.40 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.Line Wat/Sewer Repair 75.00 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.Line/Wat Sewer Line Repair 135.00 60 Enterprise Fund CAPELL FLOORING Labor & mateirals for shower wall tile installation 2,353.90 60 Enterprise Fund CH2M HILL ENGINEERS, INC 16-0179, service 4/1-4/28/17, Well 32 5,376.48 Date: 5/25/17 11:23:39 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 CIVIL SURVEY CONSULTANTS 15-0034, QLPE plan review Project 10721, Sewer Main 1st St. 350.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Part to install manual motor starter for pump 3, reuse 56.46 60 Enterprise Fund CSS GROUP Digline/Translore Monthly Service Fee, Qty 976 - April 2017 185.00 60 Enterprise Fund D & B SUPPLY Bar chain oil, chain loop & swivel knee pads for STIHL 74.33 60 Enterprise Fund D & B SUPPLY Equipment Supplies 70.67 60 Enterprise Fund D & B SUPPLY Round Up, Ant Spray, Brass PLT Reset Combo - Qty 4 63.96 60 Enterprise Fund D & B SUPPLY Safety 159.99 60 Enterprise Fund D & B SUPPLY Safety Supplies 71.94 60 Enterprise Fund D & B SUPPLY Shop Supplies 34.97 60 Enterprise Fund DAVID & BECKY FOLK Refund, 1734197804, Wat/Sew/Trash, 1012 E Clarene St, Title 214.04 60 Enterprise Fund DC ENGINEERING 16-0342 PLC & HMI programming 6,497.50 60 Enterprise Fund DC ENGINEERING 17-0185 PLC programming & troubleshooting plus 2,610.00 60 Enterprise Fund DS000 SAFETY INC Confined space entrant student training workbook 89.50 60 Enterprise Fund EMILY SKORO Reimbursement, E. Skoro, Idaho Board of Prof Eng PE License 100.00 60 Enterprise Fund FASTENAL COMPANY Hi-vis vests-size medium 28.80 60 Enterprise Fund FASTENAL COMPANY Water Meters 209.44 60 Enterprise Fund FERGUSON ENTERPRISES INC.Line Wat/Sewer Repair 3,425.24 60 Enterprise Fund FERGUSON ENTERPRISES INC.Plumbing supplies for Collections bldg plumbing 40.67 60 Enterprise Fund FERGUSON ENTERPRISES INC.Reflection Ridge PRV Installation 1,225.54 60 Enterprise Fund FERGUSON ENTERPRISES INC.Returned plumbing parts (38.63) 60 Enterprise Fund FISHER SCIENTIFIC Fecal tubes & FIA reagent, acetone 212.26 60 Enterprise Fund FISHER SCIENTIFIC pH buffers & pH4 buffer 286.98 60 Enterprise Fund FLOOR TECH, INC.Well Maintenance & Repair 3,420.00 60 Enterprise Fund HACH COMPANY Tertiary influent turbidimeter 541.95 60 Enterprise Fund HAZEL ASPHALT, LLC Labor to install speed bumps 1,800.00 60 Enterprise Fund HD SUPPLY WATERWORKS Line Wat/Sewer Repair 62.32 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit for returned U-Posts - Qty 6 (20.88) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit for tax charge on earlier receipt 05950 (2.57) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Equipment/Supplies, Small Hand Tools for Truck Stock Qty 32 764.68 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Line Wat/Sewer Maintenance 46.95 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Supplies for Operations display for PW Week Expo 25.25 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Supplies to install stay off gravel sign 22.10 60 Enterprise Fund HOME DEPOT CREDIT SERVICES T-Posts for Project 10012 Well 30 - Qty 6 23.88 60 Enterprise Fund HOME DEPOT CREDIT SERVICES U-Posts (6) and orange fence for project Well 30 45.42 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Zip ties for maintenance shop 26.91 Date: 5/25/17 11:23:39 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 IDAHO TOOL & EQUIPMENT Equipment/Supplies, Brush Tooth Handle, Screwdriver, Tape, H 277.96 60 Enterprise Fund IDEQ - ID AIR QUALITY PROG Registration, E. Skoro, Water Reuse Conference, Boise ID, 5/ 200.00 60 Enterprise Fund INDUSTRIAL SAFETY SOLUTIONS Office Supplies 592.80 60 Enterprise Fund INNOVYZE 17-0145, InforMaster Model Development service 5/4/17 3,750.00 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Returned UPS batteries (151.80) 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER UPS batteries for 5YR replacement on generators (10 qty) 253.00 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees - April 2017 550.96 60 Enterprise Fund JC CONSTRUCTORS INC 17-0146, WRRF Capital Expansion FY15, service thru 4-30-17 272,175.00 60 Enterprise Fund JUB ENGINEERS 17-0194, WRRF Flow & Load Projection, Service 3/5/17-4/1/17 3,533.40 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES HIgh power II v-belt 19.06 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Part to repair HVAC fermentation belt 22.12 60 Enterprise Fund KIMBERLY THOMPSON Refund, 1055421402, Wat/Sew/Trash, 2218 W Bellagio Dr, Custo 614.49 60 Enterprise Fund M3 INVESTMENTS, LLC.Refund, Surety-War-2015-0018, Bienville Square #3 - Final Re 15,908.94 60 Enterprise Fund MAC TRANSPORTATION Vehicle Repair 59.40 60 Enterprise Fund MARY STEWART & GERALD SKIVER Refund, 2250403403, Wat/Sew/Trash, 1071 N Petersburg Way, Re 195.88 60 Enterprise Fund MASTER ROOTER PLUMBING Sewer Main Replacement, Pumped septic, service 5/17/2017 295.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135, service 4/17-4/30/17, WRRF Capicity Expansion FY15 4,145.40 60 Enterprise Fund McCALL INDUSTRIAL SS ball valve 38.40 60 Enterprise Fund McCALL INDUSTRIAL SS ball valves & nipple 213.19 60 Enterprise Fund MERIDIAN FENCE COMPANY Water System Security Improvements 601.80 60 Enterprise Fund MICHAEL & ANGELA KERBER Refund, 3772017002, Wat/Sew/Trash, 1894 S Covey Pl, Customer 271.46 60 Enterprise Fund MODERN PRINTERS Printing/Binding 175.00 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Equipment/Supplies 621.30 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0186,WRRF Re-Use Disinfection Study, Service Thru 4/21/17 760.91 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0250,WRRF Digester 3 Piping & Mixing Service Thru 4/21/17 6,510.00 60 Enterprise Fund NAPA AUTO PARTS Oil filter for generators - Qty 4 15.16 Date: 5/25/17 11:23:39 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 NAPA AUTO PARTS Parts cleaner & heavy duty belt 47.66 60 Enterprise Fund O'REILLY AUTO PARTS Brake Light Bulbs & Headlight Bulb for C15632 & C15633 52.25 60 Enterprise Fund O'REILLY AUTO PARTS Wiper blades for operations truck C12104 45.54 60 Enterprise Fund OFFICE DEPOT, INC.10 key for Tawnya C 54.21 60 Enterprise Fund OFFICE DEPOT, INC.Cardstock paper - Qty 2Pkg 16.18 60 Enterprise Fund OFFICE DEPOT, INC.Markers, copy paper - Qty 4 90.64 60 Enterprise Fund OFFICE DEPOT, INC.Paper for Calculator - Qty 2 4.36 60 Enterprise Fund OFFICE DEPOT, INC.Toner for Printer Alex's office 95.15 60 Enterprise Fund OFFICE DEPOT, INC.Wireless Pointer, 2 mouse pads 42.56 60 Enterprise Fund OFFICE VALUE - MERIDIAN Community Events Expenses, Dum Dum Pops for PWW Week Expo 33.98 60 Enterprise Fund OFFICE VALUE - MERIDIAN Office Supplies 56.70 60 Enterprise Fund OXARC, INC.17-0057, Soduim Hypochlorite Delivery - Qty 1915 Gal 3,163.45 60 Enterprise Fund PLATT Part to repair breaker at influent analyzer, tertiary filter 24.68 60 Enterprise Fund PLATT Parts to install manual motor starter on pump 3, reuse 613.25 60 Enterprise Fund PLATT Parts to install power receptacles and etherports for new 151.75 60 Enterprise Fund PLATT Parts to repair motor feeders to motor #3, pump #3, RAS 119.13 60 Enterprise Fund PLATT Wall mount, low voltage occupancy sensor 134.43 60 Enterprise Fund PLUMBING PARTS & SUPPLY Wrench, wedge, & tail piece 130.00 60 Enterprise Fund POST DRILLING 17-0168, Well 32 drilling, service thru 4/18/17 70,060.00 60 Enterprise Fund RICHARD S. & MELINDA S. THOMAS Refund, 0525050803, Wat/Sew/Trash, 5207 N Midnight Haze Way, 197.69 60 Enterprise Fund RICK SHIPMAN CONSTRUCTION Refund, Dumpster Deposits, 795 W Overland Rd, Dumpster Depos 800.00 60 Enterprise Fund ROBERTSON SUPPLY, INC.Well Maintenance & Repair 1,440.04 60 Enterprise Fund ROCKY MOUNTAIN VALVES & AUTOMATIONS, INC. 4 inch spare valve 172.31 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding for Clerks, MUBS, Finance - April 2017 83.24 60 Enterprise Fund SIGNS, ETC Traffic signs to keep vehicles off gravel around plant 322.50 60 Enterprise Fund SIMPLEX GRINNELL 17-0128, monthly alarm monitoring June 2017 105.95 60 Enterprise Fund SNAP PROMOTIONS Promotional/Public Ed PWW 2,282.75 60 Enterprise Fund SONETICS CORPORATION External antenna for camel hydrocleaner C16390 &2,820.11 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Parts to repair flow regulator on tank 2, centrate bldg 221.22 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC adapter & PVC elbow 17.26 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC coupling & PVC adapter 47.84 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC elbow 6.84 Date: 5/25/17 11:23:39 AM Page: 9 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 STONE LUMBER Equipment Supplies 139.95 60 Enterprise Fund THE COBLE COMPANY Coins for PWW and hand outs for conferences - Qty 200 1,248.33 60 Enterprise Fund THE UPS STORE Postage & packaging to mail CCTV camera in for repairs 418.22 60 Enterprise Fund THE UPS STORE Postage to send CCTV camera in for repairs 395.22 60 Enterprise Fund THE UPS STORE Refund due to packaging needing to be on receipt for (395.22) 60 Enterprise Fund UNITED OIL Diesel fuel for generators at Oaks, Overland Park, North 1,191.87 60 Enterprise Fund UNITED OIL Grease/oil 590.00 60 Enterprise Fund UTILITY MANAGEMENT SYSTEMS 17-0226 Flygt 4630 mixer 10,821.32 60 Enterprise Fund VICTORY GREENS replacement plants for WRRF facilities - Qty 45 344.93 60 Enterprise Fund WESTECH Side scum arm wiper 117.26 60 Enterprise Fund WESTERN STATES CHEMICAL Insectcide for filter bldg flies 199.76 60 Enterprise Fund WESTERN STATES CHEMICAL Squeege, tapered handles, bowl ring remover, citra fresh 989.39 60 Enterprise Fund WHITEACRE DEVELOPMENT CORP Refund, Warranty Surety-2016-0041, Whiteacre Sub#1, Final Re 27,945.60 60 Enterprise Fund WW GRAINGER, INC HVAC high cap filters 37.20 60 Enterprise Fund WW GRAINGER, INC Trace metal sampler parts (4 qty)192.08 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 monthly copier lease for Apr 2017 138.67 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741285 monthly copier lease plus additional b/w & color 242.67 Total 60 Enterprise Fund 497,375.83 Report Total 698,891.14 Date: 5/25/17 11:23:39 AM Page: 10 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 7T PROJECT NUMBER: ITEM TITLE: Finance Vendor Payments of $458,165.63 MEETING NOTES yr 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 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 ACS SYSTEMS LLC Install 2 RG6 Cable from Basement Gym to Roof 661.14 01 General Fund ADVANCE AUTO PARTS battery core return for fleet truck 4 - qty 1 (credit)(10.00) 01 General Fund ADVANCE AUTO PARTS battery for fleet truck 4 - qty 1 101.11 01 General Fund ADVANCE AUTO PARTS v-belt for Settlers edger - qty 1 4.26 01 General Fund ALICE HENKE instructor fee - Zumba Gold 5/2-5/16/17 - qty 1 19.20 01 General Fund ASA DISTRICT 4 SOFTBALL LEAGUE Team USA softball tournament fees 2,770.00 01 General Fund ASSOC OF IDAHO CITIES Registration, G. Milam & L. Cavener, AIC Annual Conference, 590.00 01 General Fund ASSOC OF IDAHO CITIES Registrations, K. Bird & A. Little Roberts, AIC Annual Confe 590.00 01 General Fund AUTOMATIC RAIN CO DBA HORIZON Shindaiwa blower arms for Settlers & Kleiner - qty 4 39.84 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050,pole 29398C,replaced photo cell 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050,pole 29723,reconnect pole 382.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050,Pole 41325C repaired fuse holder 90.00 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/2 white chief shirts 124.08 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Name badge for uniform, Bongiorno 31.01 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Uniform pants, qty 12 1,369.86 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil & Filter Change for Equinox, Vin# 130122, Lic# C19536 60.31 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change & Brake Booster, Hose, Vacc Pump for Unit # 142 765.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 167 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit #121 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit #153 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Brake Pads, Rotors, & Calipers for Unit #121 740.22 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Shocks for Unit #142 376.04 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tires for truck 15 trailer - qty 2 264.28 01 General Fund CABLE ONE 112461900, Cable Service City Hall, 5/16/17-6/15/17 36.75 01 General Fund CDW GOVERNMENT CradlePoint 1 Yr Enterprise Cloud Manager 52.50 01 General Fund CDW GOVERNMENT CradlePoint 3G/4G LTE MB Router 660.00 01 General Fund CDW GOVERNMENT CradlePoint COR IBR350 Router WWAN Desktop 2,700.00 01 General Fund CDW GOVERNMENT CradlePoint Enterprise Cloud Manager Licenses 315.00 01 General Fund CDW GOVERNMENT Zebra LP/TLP 2844 Std Platen Kit 3ST 50.00 01 General Fund CHELSEA R CUNNINGHAM instructor fee - Kids Yoga 4/22-5/13/17 - qty 5 152.00 01 General Fund CLIMA-TECH CORPORATION HVAC control install on laptop & startup at Homecourt 210.00 01 General Fund CLOVERDALE NURSERY sod for MYB ball field renovation - qty 35 rolls 94.50 01 General Fund CLOVERDALE NURSERY sod for MYB ball field renovation at Settlers Park x 8 rolls 21.60 01 General Fund CLOVERDALE NURSERY sod for worn spots at Settlers & Kleiner - qty 160 Sq Ft 43.20 01 General Fund CLOVERDALE NURSERY topsoil for Settlers Park - qty 4 yards 72.00 Date: 6/1/17 10:46:20 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 DENNIS DILLON MAZDA KIA 220/replace rhino liner, BR35, MF029 550.00 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 220/Correct Invoice, Darby Hill & Hendrick, Prev Health Exam 1,166.96 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 220/Credit for Incorrect Charges On Inv# 0000615-IN (1,136.96) 01 General Fund ERIC STROLBERG Reimbursement, E. Strolberg, Uniform Clothing for C. Boyle - 212.40 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 17-0259 Labor to Build Unit # 161 3,286.37 01 General Fund FACES OF HOPE FOUNDATION Registration, C. Gonzalez, Attempted Strangulation Training, 25.00 01 General Fund H.D. FOWLER COMPANY irrigation parts for MYB field renovation - qty 81 69.31 01 General Fund H.D. FOWLER COMPANY miscellaneous irrigation parts - qty 45 40.10 01 General Fund H.D. FOWLER COMPANY miscellaneous irrigation parts - qty 633 1,052.79 01 General Fund H.D. FOWLER COMPANY parts/supplies for water line filter repairs - Gen Plaza x 4 56.41 01 General Fund H.D. FOWLER COMPANY sprinkler parts for contracted sites - qty 87 175.89 01 General Fund HOME DEPOT CREDIT SERVICES 092644580802 Crimper Compression Crimper 22.97 01 General Fund HOME DEPOT CREDIT SERVICES 783250927043 BNCRG594P Compression Plugs 4pk 17.96 01 General Fund IDAHO POWER 2205054725, Police Power May 2017 -2,877.24 01 General Fund IDAHO PRESS-TRIBUNE Exhibit B Legal Notice ACHD Real Property 40.70 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Ord. 17-1727 156.89 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Public Hearing on New Cavana Encore Develop 89.54 01 General Fund IMPACT PEST SERVICES pest control at Ten Mile on SE berm on both sides 250.00 01 General Fund INSIDE THE TAPE, LLC Registration, J. Miller & E. Strolberg, Homicide Investigati 590.00 01 General Fund INSIGHT PUBLIC SECTOR, INC.Apple 9.7-inch iPad Pro Wi-Fi + Cellular Tablet 256GB 9.7 850.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8, Intermountain Gas May 2017 3,184.87 01 General Fund ITsavvy LLC weBoost Connect 4G Cell Phone RF Amplifier 399.66 01 General Fund KQXR, SJOT, KRVB, KTHI Radio Ads for 2017 Unplug & Be Outside, 3/27/17-4/29/17 1,000.00 01 General Fund KQXR, SJOT, KRVB, KTHI Radio Ads for Unplug & Be Outside, 3/27/17-4/22/17 500.00 01 General Fund LAWN CO MAINTENANCE sprinkler repairs at various contracted sites 1,371.80 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications, May 2017, 268238-5 1,053.72 01 General Fund LIGHTHOUSE UNIFORM CO 220/Class A jacket, hatband,Bongiorno 442.57 01 General Fund LOWE'S face shields for Settlers Shop - qty 3 45.51 01 General Fund M.D. WILLIS, INC.17-0014, Stenographic Services For Council & P&Z - May 2017 2,044.00 Date: 6/1/17 10:46:20 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 MELENA BUSS instructor fee - Zumba 4/24-5/17/17 - qty 6 144.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS air blowgun for Lanark Parks Shop - qty 1 23.05 01 General Fund MOTION & FLOW CONTROL PRODUCTS pressure gauge for Toro sprayer - qty 1 38.59 01 General Fund MOTIONS DANCE STUDIO instructor fee-StretchStrengthenTumbleFlipTwist 4/5-5/12/17 1,212.00 01 General Fund NAYLOR TOWING Evidence Tow DR# 17-3083 202.00 01 General Fund OFFICE DEPOT, INC.Copy Paper for HR Office - Qty 2 Cases 59.98 01 General Fund OFFICE DEPOT, INC.Office Supplies, Paper, Candy, Pads, Envelopes, Post-Its 312.63 01 General Fund OFFICE VALUE - MERIDIAN 6 Calculators for Traffic/PD 82.08 01 General Fund OFFICE VALUE - MERIDIAN Batteries, Post-its, Markers,Toner, Envelopes for PD- Qty 53 1,710.06 01 General Fund OFFICE VALUE - MERIDIAN Calculators, Pens, Sheet Protectors and Wipes for PD - Qty 7 102.38 01 General Fund OFFICE VALUE - MERIDIAN Copy Paper for PD - Qty 10 Cases 389.90 01 General Fund OFFICE VALUE - MERIDIAN File Guides for PSTC - Qty 4 61.96 01 General Fund OFFICE VALUE - MERIDIAN Forks, Plates & Bowls for PD - Qty 3 47.09 01 General Fund OFFICE VALUE - MERIDIAN Paper Clips for HR - Qty 1 Pk 1.65 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 17 84.59 01 General Fund PREMIER SIGNS 220/Change out rank,numbers & shields on MF039 & MF035 870.40 01 General Fund PRESIDIO NETWORKED SOLUTIONS GROUP LLC 17-0175 C3850-48 IP Base to IP Services Electronic RTU Licen 12,896.00 01 General Fund PRESIDIO NETWORKED SOLUTIONS GROUP LLC 17-0175, 17-0282, Cisco Catalyst 3850 Port PoE IP Base 12,027.16 01 General Fund PROBUILD tar paper for Tully dugout roof repair - qty 2 57.98 01 General Fund RC WILLEY HOME FURNISHINGS Replace Damaged Evidence Freezer 749.99 01 General Fund RICOH USA, INC C86111894, Copier Lease 4/17 & Additonal Copies 3/17 503.08 01 General Fund RICOH USA, INC C86173707, Copier Lease 6/17 & Additional Copies 5/17 681.26 01 General Fund RMT EQUIPMENT miscellaneous filters & fluids for equipment - qty 11 464.66 01 General Fund RMT EQUIPMENT mulching blades for HR700 - qty 18 535.68 01 General Fund SHERI DOYLE-STASZEL instructor fee - Preschool Fun/Plus 4/11-5/17/17 - qty 34 980.82 01 General Fund SHRED-IT USA, LLC.Yearly Shredding for HR, 4/5/17 175.00 01 General Fund SILVER CREEK irrigation in-line filters for Kleiner Park - qty 3 16.95 01 General Fund SIMPLOT PARTNERS Snapshot pre-emergent herbicide for all parks - qty 20 bags 1,850.00 01 General Fund SWANK MOTION PICTURES, INC.Movie Night licenses 6/2-7/7/17 - qty 6 3,768.00 01 General Fund SYNCB/AMAZON Brand New HP CA06 Battery for HP Probook 47.00 01 General Fund SYNCB/AMAZON CC468-67927 Electrostatic Transfer Belt Assembly 319.36 Date: 6/1/17 10:46:20 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 SYNCB/AMAZON Comdev supplies-rechargable camera batteries - Qty 2 23.99 01 General Fund SYNCB/AMAZON Easles - Qty 4 109.96 01 General Fund SYNCB/AMAZON HV-900 Bluetooth Headphones, Shine Future Wireless Neckband 49.28 01 General Fund SYNCB/AMAZON Mount-It Tilting TV Wall Mount Bracket 38.49 01 General Fund SYNCB/AMAZON Office Supplies-easle replacements, badge clips, sharpie pen 183.24 01 General Fund SYNCB/AMAZON Podofo HD Color Video Quad Splitter CCTV Video Camera Proces 41.99 01 General Fund SYNCB/AMAZON Supplies-ComDev/Land Dev-camera batteries/easle bags etc 60.25 01 General Fund SYRINGA NETWORKS, LLC 17-0020 Dark Fiber (4 strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Ethernet B/W (100MB) Internet B/W (100MB)800.00 01 General Fund T-ZERS SHIRT SHOP 220/Screen printing for Wildland PPE, Qty 75 226.00 01 General Fund TACOMA SCREW PRODUCTS bolts & washers for Kleiner disc golf signs - qty 200 13.08 01 General Fund TATES RENTS (GENERAL OFFICE)forklift rental for Settlers splash pad 5/19/17 245.77 01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 20.93 01 General Fund TERRA ENVIRO CONSULTING, INC.top soil analysis for 8th Street Park 100.00 01 General Fund THE UPS STORE Ground Commercial 1ZE786060321767888 10.37 01 General Fund TWO OCEAN PRINT 2017 Camp Mer-Ida-Moo Summer Camp t-shirts - qty 270 1,291.25 01 General Fund TWO OCEAN PRINT 2017 Outdoor Adventure Camp shirts - qty 65 523.75 01 General Fund USSSOA basketball officiating 5/15-5/19/17 - qty 9 472.59 01 General Fund USSSOA volleyball officiating 5/15-5/19/17 - qty 39 games 850.82 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data FY2017, 4/21/17-5/20/17 1,212.81 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones 2017 - 4/21/17-5/20/17 7,378.06 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 FY2017 - 4/21/17-5/20/17 197.78 01 General Fund VITAL VALT Weapons Shelving to be Installed In Armory 2,036.26 01 General Fund WEIDNER & ASSOCIATES 220/2 Fire Hooks, probars, 30 in. St. 1 488.25 01 General Fund WEIDNER & ASSOCIATES 220/3 Task Force Tips nozzles 888.75 01 General Fund ZONES Double Cell/LTE Connecting via SMA Double WiFi Connecting vi 1,416.00 Total 01 General Fund 94,262.57 07 Impact Fund ESI, INC 16-0400, 17-0262, Reta Huskey Park Pre-Construction & CM Ser 200,647.28 Date: 6/1/17 10:46:20 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 Total 07 Impact Fund 200,647.28 20 Grant Fund governmental APPLIED CONCEPTS 17-0252 Stalker Radars - Qty 9 14,062.50 20 Grant Fund governmental FM IDAHO CO LLC Live Broadcast Radio Remote for MADC Rx Take-Back Event 1,000.00 20 Grant Fund governmental MONTE STILES, LLC 16-0407, MADC Policy Advocacy Consulting - June 2017 1,250.00 Total 20 Grant Fund governmental 16,312.50 60 Enterprise Fund AA ROOFING & RENOVATION LLC Refund, 9901084401, Dumpster Deposit, 322 W Broadway Ave, Du 80.20 60 Enterprise Fund BARRY & AMY SHINSEL Refund, 4650050802, Wat/Sew/Trash, 1867 E Wrightwood Dr, Cus 63.72 60 Enterprise Fund BRADY HOOK Refund, 1734110004, Wat/Sew/Trash, 1481 E Sage Hen Ct, Custo 72.25 60 Enterprise Fund BRANDON & MELISSA DANIELS Refund, 1522217606, Wat/Sew/Trash, 3029 N Astaire Ave, Custo 67.73 60 Enterprise Fund CHAD WILLIAMS Refund, 1734154402, Wat/Sew/Trash, 2861 N Mule Deer Way, Cus 45.41 60 Enterprise Fund CONCRETE CONSTRUCTION SUPPLY,Equipment Supplies - Ingersoll Chisel - Qty 2 196.00 60 Enterprise Fund DANIEL & CHRISTINA ROTTER Refund, 1010255802, Wat/Sew/Trash, 2081 W Windchime Dr, Cust 37.76 60 Enterprise Fund DAVID & STEPHANIE DIBBLE Refund, 2505021402, Wat/Sew/Trash, 3848 W Park Creek Dr, Cus 118.65 60 Enterprise Fund DAVID MILES Per Diem, D. Miles, IWUA Water Law & Resource Issues Seminar 135.00 60 Enterprise Fund DAWNA BOND & BETTY VICKERS Refund, 1842249604, Wat/Sew/Trash, 1961 E Glenloch St, Custo 80.00 60 Enterprise Fund DENNIS TELLER Per Diem, D. Teller, AWWA ACE17 Conference, Philadelphia PA, 352.00 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Digestion vessels - Qty 1 Pkg of 500 133.20 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Sample cups - Qty 20 Bags 139.08 60 Enterprise Fund ERA WEST WIND Refund, 1522116802, Wat/Sew/Trash, 2337 W Rainfall St, Custo 41.18 60 Enterprise Fund FERNANDEZ PROPERTIES MERIDIAN, LLC. Refund, 2149105601, Wat/Sew/Trash, 1900 E Lanark St, Custome 273.34 60 Enterprise Fund FISHER SCIENTIFIC GGA BOD QC solution 65.74 Date: 6/1/17 10:46:20 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 FISHER SCIENTIFIC large snapper -sampling pole attachment 40.59 60 Enterprise Fund FISHER SCIENTIFIC Nitrile gloves-size XS & syringes 307.74 60 Enterprise Fund FISHER SCIENTIFIC pH4 buffer 34.15 60 Enterprise Fund FISHER SCIENTIFIC pH4 buffer credit for short shipping amount on (34.15) 60 Enterprise Fund FOUR SEASONS SPA & POOL Refund, 9901085501, Dumpster Deposit, 2624 W Primeland Dr, D 127.46 60 Enterprise Fund GERALD & CHRISTINA GOODNOUGH Refund, 0470310304, Wat/Sew/Trash, 553 W Valentino St, Custo 48.15 60 Enterprise Fund GREEN VILLAGE DEVELOPMENT, INC.Refund, Surety-War-2015-0022, Heritage Grove Sub #1, Final R 37,526.80 60 Enterprise Fund GUARD PRODUCTS INC Cleaning compound for digester 3 project 3,640.25 60 Enterprise Fund HACH COMPANY Basic Support, Interfaces:1:WM-SW:05/05/17:05/04/2018 3,418.00 60 Enterprise Fund HACH COMPANY Test strips for PW Week Expo & photo cell assembly 979.56 60 Enterprise Fund HD SUPPLY WATERWORKS Part for digester 3 project 62.27 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Part to repair irrigation system 4.25 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Parts to repair irrigation system 19.86 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Shop Supply 55.44 60 Enterprise Fund HRSD Fluoropolymer sampling tube strainers-trace metals 992.25 60 Enterprise Fund HYDRO LOGIC INC 17-0049, Well15 Reconstruction Consulting, Service 3/20-4/28 16,425.00 60 Enterprise Fund IAPMO 2017-2018 Subscription for BPPS, T. Parrish 45.00 60 Enterprise Fund IMPACT PEST SERVICES Building Maintenance 79.00 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8, Intermountain Gas May 2017 12,394.84 60 Enterprise Fund JEFFREY & HOLLY SMITH Refund, 1055322402, Wat/Sew/Trash, 1998 W Milazzo St, Custom 93.52 60 Enterprise Fund JERRY D. & TERESA L. FEE Refund, 1313880004, Wat/Sew/Trash, 2524 N Julia Pl, Customer 166.96 60 Enterprise Fund JOHN & KATE ASBURY Refund, 0522031502, Wat/Sew/Trash, 5476 N Larkwood Pl, Custo 40.83 60 Enterprise Fund JOHN ACEVES Refund, 1522132403, Wat/Sew/Trash, 1925 N Monaco Way, Owner 31.44 60 Enterprise Fund JOHN PARKES Refund, 3074302404, Wat/Sew/Trash, 1045 W Loon St, Customer 35.74 60 Enterprise Fund JOHN TURNBULL Refund, 3074258402, Wat/Sew/Trash, 368 S Pennant Pl, Custome 37.78 60 Enterprise Fund JOSEPH & KINSEY LINDGREN Refund, 0470152104, Wat/Sew/Trash, 882 W Crosby Dr, Customer 33.74 60 Enterprise Fund JUB ENGINEERS 16-0125, Sewer Master Plan Engineering, Services 4/2-4/29/17 9,088.40 Date: 6/1/17 10:46:20 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 JUB ENGINEERS 17-0021, Well 22 Engineering, Service 4/2/17-4/29/17 7,182.50 60 Enterprise Fund JUB ENGINEERS 17-0100, Sewer Main Replacement, service Jan 1- Feb 4, 2017 4,269.40 60 Enterprise Fund JUB ENGINEERS 17-0151, Water Main Rep Engineer Service 4/2/17-4/29/17 5,922.40 60 Enterprise Fund JUB ENGINEERS 17-0194, WRRF Flow & Load Projections, Services 4/2-4/29/17 1,468.20 60 Enterprise Fund KRISTINE WHEELER Refund, 1521287601, Wat/Sew/Trash, 2974 W Foxtrotter Dr, Pre 20.86 60 Enterprise Fund KYLE RADEK Per Diem, K. Radek, IWUA Water Law & Resource Issues Seminar 135.00 60 Enterprise Fund LOUIS & CLARA BERNS Refund, 1419442004, Wat/Sew/Trash, 3505 W Patel Ct, Customer 32.06 60 Enterprise Fund LOWE'S Shop Supplies 50.58 60 Enterprise Fund LSF9 MASTER PARTICIPATION TRUST Refund, 0748009603, Wat/Sew/Trash, 2220 E Satterfield St, Cu 46.57 60 Enterprise Fund LUCILLE & FRANCIS BUSH Refund, 1842119403, Wat/Sew/Trash, 2182 E Clarene St, Custom 39.18 60 Enterprise Fund MELANIE SIMON Refund, 740001605, Wat/Sew/Trash, 3248 N Summerbrook Pl, Una 43.76 60 Enterprise Fund MERIDIAN PLUMBING CO, INC.Labor & parts to repair broken DI water line in old lab 236.00 60 Enterprise Fund METROQUIP, INC.Shop Supplies 22.50 60 Enterprise Fund METROQUIP, INC.Vehicle Repair, Parts to repair Vehicle Lic# C15079 78.24 60 Enterprise Fund MITCHELL LEWIS & STAVER CO.Parts to rebuild filter 3 pump, tertiary 1,517.63 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Braided PVC hose - 50 Ft 120.40 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Parts for screw sucker pump 21.34 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Parts to fix seal water flow switches on pumps 1-3 55.01 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Parts to repair flow regulator on tank 2, centrate bldg 74.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Submersible effluent pump to repair drain in centrate bldg 272.30 60 Enterprise Fund MURRAYSMITH INC 16-0249, Water Master Plan Engineer Service Thru 4/30/17 672.00 60 Enterprise Fund MURRAYSMITH INC 17-0141, Water Master Plan 2017 Ph2, Service thru 4/30/17 13,136.55 60 Enterprise Fund MURRAYSMITH INC 17-0184, Water system modeling support, service thru 4/30/17 970.00 60 Enterprise Fund MYFLEETCENTER.COM Oil & Filter Change on Vechicle Lic# C19564 31.99 60 Enterprise Fund MYFLEETCENTER.COM Vehicle Maintenance 34.39 60 Enterprise Fund O'REILLY AUTO PARTS Feeler gauge 6.99 60 Enterprise Fund O'REILLY AUTO PARTS Hose clamps for Operations display for PW Week Expo 5.98 Date: 6/1/17 10:46:20 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 OFFICE VALUE - MERIDIAN Dot sticker for poop scoot & index labels for Admin 64.56 60 Enterprise Fund OFFICE VALUE - MERIDIAN Office Supplies 106.16 60 Enterprise Fund OXARC, INC.Citric acid granules 345.00 60 Enterprise Fund PACIFIC STEEL & RECYCLING Steel for shop 344.84 60 Enterprise Fund PATRICIA ANN OCEPEK Refund, 2404200603, Wat/Sew/Trash, 2060 W Sunny Slope Dr, Ow 71.06 60 Enterprise Fund PAUL & CAROL JOCHIM Refund, 0318161302, Wat/Sew/Trash, 2716 W Ditch Creek Dr, Cu 20.82 60 Enterprise Fund PLATT breaker padlock kit, electrical tape & stainless steel 217.17 60 Enterprise Fund PLATT coding electrical tape, breaker to repair VFD at blower 2 1,566.43 60 Enterprise Fund POSTNET Postage & Mailings Backflow Letters 3/31/17 246.80 60 Enterprise Fund POSTNET Postage & Mailings for Backflow Letters 3/24/2017 37.50 60 Enterprise Fund POSTNET Postage & Mailings for Backflow Letters March 2017 85.84 60 Enterprise Fund POSTNET Postage & Mailings, Backflow Letters 4/17/17 - Qty 29 50.26 60 Enterprise Fund POSTNET Postage & Mailings, Backflow Letters 4/5/17 - Qty 1,796 1,005.76 60 Enterprise Fund RICHARD ARP Refund, 1420152002, Wat/Sew/Trash, 3640 W Woodmont Dr, Custo 82.56 60 Enterprise Fund RICOH USA, INC C86079565, Additional Copies, 4/7/17-5/6/17 62.83 60 Enterprise Fund RICOH USA, INC C86101407, PW Copier Lease, 3/1/17-3/31/17 256.75 60 Enterprise Fund RICOH USA, INC C86101421, Envir Copier Lease 3/17 & Additional Copies 2/17 294.08 60 Enterprise Fund RODNEY & RHONDA MARCUM Refund, 2251363002, Wat/Sew/Trash, 13 E Ada St, Title Compan 75.00 60 Enterprise Fund SCOTT & MARY SHAWVER Refund, 1631303001, Wat/Sew/Trash, 1331 W Chateau Ave, Auto 56.35 60 Enterprise Fund SLHS SERVICE AREA Respitory Clearance Exam for D. Martin on 4/19/17 16.00 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Safety 150.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Parts for digester 3 project 65.66 60 Enterprise Fund STEVEN C. & CHERYL J. JENKINS Refund, 0550025005, Wat/Sewer/Trash, 603 E Ocelot Ct, Custom 726.50 60 Enterprise Fund STONHARD, DIVISION OF STONCOR GROUP, INC. Labor to install epoxy flooring in Collections bldg for 8,908.00 60 Enterprise Fund SYNCB/AMAZON Carbon Monoxide Detector/USB Adapter Car Charger - Qty 1 19.69 60 Enterprise Fund SYNCB/AMAZON Comdev supplies-rechargable camera batteries - Qty 2 23.99 60 Enterprise Fund SYNCB/AMAZON Electronics 56.50 60 Enterprise Fund SYNCB/AMAZON Electronics Exp, Credit for return of Plantronics switch hoo (56.50) Date: 6/1/17 10:46:20 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 SYNCB/AMAZON Supplies-ComDev/Land Dev-camera batteries/easle bags etc 13.80 60 Enterprise Fund THOMAS PIERCE Refund, 0448120301, Wat/Sew/Trash, 690 W Ramsbrook St, Custo 58.06 60 Enterprise Fund TIMOTHY & TERESA STOWE Refund, 0748075302, Wat/Sew/Trash, 3741 N Dixon Ave, Custome 43.18 60 Enterprise Fund ULTIMATE LININGS OF IDAHO Capital Vehicle 1,100.00 60 Enterprise Fund ULTIMATE LININGS OF IDAHO Capital Vehicles 1,100.00 60 Enterprise Fund VANCE & PAMELA MATTHEWS Refund, 0606103403, Wat/Sew/Trash, 1839 E Comisky St, Custom 65.50 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data FY2017, 4/21/17-5/20/17 371.37 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones 2017 - 4/21/17-5/20/17 2,286.61 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 FY2017 - 4/21/17-5/20/17 556.31 60 Enterprise Fund VRE MERIDIAN, LLC.Refund, 3698001801, Wat/Sew/Trash, 1870 S Meridian Rd, Devel 52.55 60 Enterprise Fund WELLS FARGO BANK Refund, 1734095606, Wat/Sew/Trash, 2578 N Valmet Pl, Custome 102.40 60 Enterprise Fund WENDY M. POWELL Refund, 0881020703, Wat/Sew/Trash, 231 E Anton St, Customer 123.31 60 Enterprise Fund WILLIAM & LAUREN KING Refund, 1521155403, Wat/Sew/Trash, 1944 N Man O War Way, Cus 67.52 60 Enterprise Fund WILLIAM & GLORIA WAHLSTROM Refund, 1419761403, Wat/Sew/Trash, 2626 N Aronmink Ln, Custo 23.24 60 Enterprise Fund WIN-911 SOFTWARE FY17 Win-911 Maintenance Renewal 7/18/17-7/17/18 Water 495.00 60 Enterprise Fund WW GRAINGER, INC Pressure Gauge - Qty 2 49.30 60 Enterprise Fund WW GRAINGER, INC Safety glasses for CE 20.70 60 Enterprise Fund WW GRAINGER, INC Trace metals sampling parts 328.57 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for Apr 2017 160.98 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080 Monthly Lease 642.43 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692 monthly copier lease for Apr 2017 320.88 Total 60 Enterprise Fund 146,943.28 Report Total 458,165.63 Date: 6/1/17 10:46:20 AM Page: 9 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Muscular Dystrophy Association: Fill the Boot Thank you 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: June 6, 2017 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Mayor's Youth Advisory Council: Participatory Budgeting 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 Participatory Budgeting Summary Sheet 1. Introduction 2. Structure of Planning Committee & Members 3. Revision of Application Process 4. Timeline Establishment and Timeline Actual 5. Voting Process 1. Introduction Participatory Budgeting is an inclusive process in which members with in the community get to participate in the City's budget. This unique opportunity allows individuals to identify needs within their own community and create a solution that over time transforms a city's public relations, community atmosphere, and civic involvement. Within Meridian, Participatory Budgeting [PB or PBP], is delegated to the youth. The process is facilitated by the Mayor's Youth Advisory Council's [MYAC]Government Affairs Subcommittee. By bestowing such responsibility on the youth, they actively engage in observing the needs and desires of the community at large from their unique perspective and then are enable to improve said needs and desires. By incorporating the youth in this forwarding thinking program, youth in the community develop a legacy not only for the city but for themselves which draws back the talent the community develops in its youth. Furthermore, at large the community becomes engaged in civically minded activities that improve the city, community atmosphere, and amenities to attract commerce, business, and investment. 2. Structure of Planning Committee & Members The Planning Committee - being the members of MYAC Government Affairs Subcommittee that organized and oversaw the PBP - consisted of three elected positions: Chair, Vice -Chair, and Historian. The individuals elected to the positions are as follows: a. Chair: Alejandro Martinez b. Vice Chair: Brenner Danielson c. Historian: Lance F. Baumgartner Additionally, as duties shifted throughout the year an additional and unofficial position was adopted - Scribe - such an addition was made in order to ensure every meeting ran smoothly with accurate and efficient minute taking. This position was held by Rachel Hull. The Planning Committee consisted of approximately five to ten individuals, bring with them a wide range of talents, experience, and viewpoints to the development of the process. The Planning Committee was also assisted by a group of advisors that guided the process. The advisors included: a. Mayor Tammy de Weerd b. Councilman Joe Borton c. Mr. Todd Lavoie - City of Meridian CFO d. Ms. Jenny Fields - City Budget Analyst The role in which the Advisors advised consisted in assisting the development of appropriate and necessary administrative protocols. In doing so the Committee was better prepared to and equipped to respond to different situations during the PBP based on the experiences of Advisors. Secondly the Advisors assisted in the assigning of certain applications to specialists with in City Staff and community member [Community Partners]. This practice ensured that each application was placed appropriately with individuals that have the experience and knowledge in their fields 3. Revision of the Application Process A major task of the Planning Committee accomplished was revamping and standardizing the application for PB [see attached example application for PB project FY 15-16 Tully Park Outdoor Gym]. In doing so the application took on four key criteria: a. The project does not require the hiring of a new employee b. The project is open for use by all citizens of Meridian and is located in Meridian c. The project it is a "one-time expense" d. The project must be legal This new application allowed the Planning Committee to `track' who submitted applications. While this constituted a larger administrative burden on the Committee, this alteration allowed the proposed project to truly be owned by the application author and ensured they would champion the proposed project through the PBP. Following the Review and Assessment of all the projects, the projects that meet the criteria and were viable were divided between members of the Planning Committee so that each author would have a liaison from the Planning Committee to assist in answering questions and guiding them through the PBP. The Committee Liaison also worked to ensure their Authors remained on track and that they were developing their projects and presentations as necessary. Additionally, as mentioned above, each Author was put in contact with a member of City Staff and/or a Community Partner. These individuals sought to provide practical knowledge and personal experience to the proposed project and its respective presentations. 4. Timeline Establishment and Timeline Actual Starting in November, the Planning Committee worked quickly to establish a timeline that would ensure that PBP would be complete by the conclusion of MYAC in the spring of 2017. Timeline: 1. PB Proposal Applications were due in December of 2016 1.1. Applications were reviewed and assessed, authors were informed of their project's status in PBP. 2. Letter to the Authors was sent out via email to the project Authors March 4th 2017 3. Preliminary Voting was completed on March 13th 2017 4. Final Voting was completed on May 15th 2017 5. Presentation to City Council June 6th 2017 5. Voting Process The voting process was also updated this year to include two votes a preliminary and a final vote. Before the preliminary vote, the Planning Committee reviewed each application and assessed its viability in accordance to the predetermined guidelines and project criteria established during the November meetings. Only six projects were rejected during this period, while three had been eliminated prior due to their unprofessionalism. Of the remaining 27 projects, approximately nine presented to MYAC's General Council. Following these presentations, the Council voted and the top three projects moved forward. The final three projects - Intergenerational Community Garden, Sensory Park, and Memorial Plaza at Kleiner Park - then presented again to MYAC's General Council and a final ballot was taken. MYAC PARTICIPATORY BUDGET "IDEA" FORM December 12, 2016 1 MA L- �-TWA in . Your Name (the "BUdgetDelegate")MYAC 2015-20162. e-mail address/cell number I - ----2015-- ------- example.example@gmail.com (Your School Name Here) 3. School/Grade I ®. Brief Project Description andpossible issues/challenges: Outdoor Gym — Provide the local community with outdoor and 24/7 access to various types of gym equipment. Foreseen challenges include cost, location, and planning. 5. Estimated Cost _ 15,000 (max i $20,000.00) m High -Level Requirements A 1131313 -eligible project must meet all the following criteria: - - - - -- -- --- ---- - ------------------------------------------------------------------------------------ * It does not require the hiring of a new employee • No * It is open for use by all citizens of Meridian and is located in Meridian . Yes It is a "one-time" expense • Yes (Except maintenance) * It must be legal • Yes Ail entries are due by the first MYAC meeting its January, Thank you for participating! Your Cit _ Your Voice i r Decision MYAC Member Date Received By Date Participatory Budgeting Idea List N�+�•I���:�y7 Project Idea Author Running Track around Tully Park Gym Alex Smith A'smart' Gazebo containing Wi-Fi Capability Kleiner Park Baylee Malm Meridian Dog Park I_ Erina Fuhriman Mailbox Libraries j Kayla McNay Adding to City walking pathways Luis Martinez Installment of additional tennis courts ! Jaelahna Coursey NHS Run at Meridian High School Collin Freese Additional Recycle and trash cans around the City Courtney Butterworth Community treehouse - possible fake tree Alyssa Lee Bike Share I Kaylee Haug Little Libraries [Similar to Mailbox Libraries] 'Jared Gonzales Fences/Guards around Canals F i Jared Gonzales Korean War Veteran Memorial Logan Denen Solar Roadway Experiment Logan Denen Sidewalk Lighting Alejandro Martinez Sidewalk Extension into areas of needs Alejandro Martinez Community Art Piece reflecting Meridian Alejandro Martinez Benches w/ Charging station JJ Nugent Public Wi-Fi in parks JJ Nugent Community Garden i Morgan Gleason Abbey Hutchins Job Board [for local business] j Jacob Chambers Outdoor Charging Stations -benches or sitting areas Carlie Strolberg Extension and Cleaning of Bike lanes i Jordan Wagner Texting and Driving Public Seminar IHannah Chambers Public Art Work - permanent installations I Katrina Frouk Water bottle Filling Stations Kenadee Keiser Children's Community Garden jArlie Bledsoe Sidewalk Lighting !Carson Curtis Intergenerational Community Garden !Cheyenne Quilter Replacement Flag installations Lance Baumgartner Veteran Tree Garden Lance Baumgartner Rail w/ Trail Meridian Fun Run Lance Baumgartner Author's of Participatory Budget Idea [s], Thank you so much for your participation in this amazing opportunity! We would like to inform you that your project idea has been approved, as it meets the criteria for consideration. We ask for your on going participation by fine tuning your ideas. Attached to your Idea Forms you will find contact information for individuals that the committee feels can help you in further developing your idea. These individuals are both City Staff and Community Partners that have expertise in regards to your idea. Remember that while you are conversing with anyone in regards to your project that you are representing the whole of MYAC and the Mayor herself and as such your conduct should reflect the decorum appropriate of a professional conversation. This is particularly important if your point of contact is a Community Partner as any interaction between MYAC, and by de facto, the City of Meridian and the Mayor, should build bridges and positive relationships that reflect the Meridian Way. Your foremost task is to get in contact with this point of contact to flesh out your idea and get their feedback. It is highly recommended that you review your idea first and create a list of questions that will improve your submission form. You should address specific price projections, various locations, and items pertinent to your project [ex. Lighting issues]. In your discussions don't be afraid to ask questions about topics of which you are unfamiliar as all of these contacts will be more than happy to clarify, they are aware that you are teenager and as such will not carry the expertise that they have been trained in. The point of this conversation is to develop your idea more clearly and fully. In doing so this will help you be specific and gain a holistic understanding of your project idea. This knowledge, in turn, will aid in the presentation of the project idea to MYAC so that the members understand and fully appreciate your idea before voting on all the projects. During this development period you could prepare a formal presentation of your project idea if you wish or create a picture board or any other presentational material you feel will effectively convey your idea. If you choose to, keep in mind that you will only have about a minute or two to present. Lastly, after you have completed revisions to your idea submit a copy of it via your Participatory Budgeting Member that returned your ideas originally. If you have any questions first turn to your Participatory Budgeting contact. Should you have any further questions, please get in contact with one of the below: ist-martin@meridiancity.org, hannahsturtevant@gmail.com, or baumaartner.lance33@amaii.com. Sincerely, The Participatory Budgeting Subcommittee Memorial Plaza Kleiner Park By: Logan Denen and Lance Baumgartner Courtesy: Parks Department The Project Scalable Initial development Subsequent additions [not included in budget] More sections of the plaza, more benches Brick Purchases As memorial bricks are purchased brick will be engraved Aerial Location Cost Total Cost$18, 851.25 Contingency $1,713.75 Sidewalks $9,240 Brick Pavers $4,080 Sandstone Benches $1,400 In House Expenses 9 Trees provided by City of Meridian Parks and Recreation Department Sandstone Benches and Bricks/Patterns Oak Tree –20ft Shrubbery Around the Tree Construction Schedule 1-2 Months: Final planning, Bids, logistic scheduling for materials and labor 2-3 Months: Construction Time Into the Future: On going maintenance coupled with everlasting enjoyment of this serene area. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: 2017 CableONE Movie Night Sponsor Recognition 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: June 6, 2017 ITEM NUMBER: 10A PROJECT NUMBER: H-2017-0007 ITEM TITLE: Goddard Creek Brian Porter Located 2780 W. McMillan Road Request- Rezone of 12.38 Acres of Land from R-4 to the R-40 (5 Acres) and the C -C (7.38 Acres) Zoning Districts Request- Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 12.38 Acres of Land from Office and High Density Residential to Mixed -Use Community Request: Conditional Use Permit for a Self -Storage Facility Consisting of Ten (10) Buildings on Approximately 7.38 Acres of Land in the Proposed C- C Zoning District Request- Modification to the Existing Development Agreement to Remove the Number of Buildings that can be Constructed Within the Development MEETING NOTES Co„rt;,J�ld -�b Svc ao� AO M0416 60A6 MAAhel- Wt Ct Ze (,d4 Giem 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 Council Meeting June 6, 2017 Item #10B: Oxygen Subdivision No. 1 Vicinity/Zoning Map & Proposed Short Plat ÚÚd ÚÚd ººe SILVERSTONE TOWN SQUARE CONDOS PROJ AMD NO 01RIVERBIRCH COURTYARD CONDOS GOLDSTONE CENTER CONDOS PROJ AMD NO 01 C-G L-O R-15 C-G I-L RUT R1 RUT L-O R1 RUT R1 C-C L-O R-4 C-G RUT L-O R-4 C-G S E A G L E R D E OVERLAND RD §¨¦84 S W ERNER LN S L O D E R P L S R O L L I N G H I L L D R SARBORLN E CINEMA DR S S P E L M A N L N E GALA CT S C A T H E R I N E A V E E VIEW CIR S W E L L S A V E EWELLSCIR E B L U E H O R I Z O N DR E GENTRY WAY S J A D E W A Y E ONYX ST E GALA ST E TARPONDR S T O P A Z A V E S R A C K H A M W A Y E F R E E W A Y D R S B O N I T O W A Y S W E L L S S T S W E L L S S T S A L L E N S T S C O B A L T P O IN T W A Y S S I L V E R S T O N E W AY S J A D E A V E S W O R T H W A Y S T O P A Z W A Y 3N1E17 3N1E16 3N1E20 3N1E21 Fivemile Cree k EightmileCree k Ridenbaugh Canal Ridenbaugh Canal Snider Lateral FALLON GREENS RESOLUTION NO 01 SILVERSTONE CAMPUS MAGIC VIEW AMD GRAMERCY NO 01 IRONWOOD NO 03 WYNDSTONE PLACE ENNIS KRAFT CONDOS LOCUST VIEW HEIGHTS SILVERSTONE BONITO NO 02 EDGEVIEW ESTATES NO 02 DORADO CRAWFORD PLACE VALENCIA PLAZA SILVERSTONE CORPORATE PLAZA CONDOS CLOVERDALE WEST JEWEL GRAMERCY NO 02 MIDVALLEY CENTER ROLLING HILL SILVERSTONE SQUARE CONDOS BONITO DESTINATION PLACE MAGIC VIEW GOLDSTONE CENTER CONDOS GALA PARK SILVERSTONE NO 03 CONGLOMERATE SNORTING BULL PHASE 02 OVERLAND WAY Item #10C: Oxygen Subdivision No. 2 Vicinity/Zoning Map & Proposed Short Plat ÚÚd ÚÚd ººe SILVERSTONE TOWN SQUARE CONDOS PROJ AMD NO 01 VALENCIA PLAZA CONDOS MEDICAL MILLENNIUM CONDOS LOCUST VIEW HEIGHTS NO 02 GAUDRY SEEGMILLER TN-R C-G L-O R-8 R-15 C-G I-L R-15 RUT R1 RUT L-O R1 R-40 RUT R1 C-C L-O R-4 C-G RUT L-OR-4 C-G S E A G L E R D E OVERLAND RD §¨¦84 S L O D E R P L S R O L L I N G H I L L D R E GOLDSTONE ST ECINEMADR E PEWTER FALLS ST E GALA ST E B L U E H O R I Z O N D R E GALA CT S L U X U R Y L N EGOLDSTO N E D R E VIEW CIR SSPEL M A N LN EWELLSCIR E CADILLAC DR E GENTRY WAY S J A D E W A Y E ONYX ST E C O N TINENTALDR ETARPON DR S T O P A Z A V E S R A C K H A M W A Y E F R E E W A Y D R S B O N I T O W A Y S B O N I T O W A Y S A L L E N S T S W E L L S S T S W E L L S A V E S CO B A L T P O I N T W A Y S S I L V E R S T O N E W A Y S CELEBRATION AVE S J A D E A V E S M U S T A N G S T S T O P A Z W A Y 3N1E17 3N1E16 3N1E20 3N1E21 Fivemile Cre e k Eightmile Cre e k Ridenbaug h C a n a l R i d e n b a u g h C a n a l Snider Lateral FALLON GREENS RESOLUTION NO 01 SILVERSTONE CAMPUS MAGIC VIEW AMD GRAMERCY NO 01 IRONWOOD NO 03 WYNDSTONE PLACE ENNIS KRAFT CONDOS LOCUST VIEW HEIGHTS SILVERSTONE BONITO NO 02 EDGEVIEW ESTATES NO 02 DORADO CRAWFORD PLACE VALENCIA PLAZA SILVERSTONE CORPORATE PLAZA CONDOS CLOVERDALE WEST JEWEL GRAMERCY NO 02 MIDVALLEY CENTER ROLLING HILL SILVERSTONE SQUARE CONDOS BONITO SNORTING BULL PHASE 01 DESTINATION PLACE MAGIC VIEW GOLDSTONE CENTER CONDOS RIVERBIRCH COURTYARD CONDOS GOLDSTONE CENTER CONDOS PROJ AMD NO 01 GALA PARK SILVERSTONE NO 03 SNORTING BULL PHASE 02 ACCOLADE NO 01 DESTINATION PLACE NO 02 OVERLAND WAY Item #10D: Oxygen Subdivision No. 3 Vicinity/Zoning Map & Proposed Short Plat Item #10E: Zoning/Vicinity Map Area subject to Development Agreement Area subject to Preliminary Plat Original Preliminary Plat Revised Preliminary Plat Concept Development Plan & Phasing Plan Note: Configuration of the plat has been revised Landscape Plan Note: Configuration of the plat has been revised Concept Site Plan & Building Elevations for Pool House Concept Building Elevations Item #10F: Hastings Subdivision No. 3 –Vicinity Map Proposed Preliminary & Final Plats Landscape Plan Changes to Agenda:  Item #10A: Goddard Creek – RZ, CPAM, CUP, CUP, PP, MDA (H-2017-0007) – Request for continuance to June 20th so staff can continue to work with the applicant. Item #10B: Oxygen Subdivision No. 1 – SHP (H-2017-0061) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 10 acres of land, zoned C-G (general retail & service commercial), located at 1303 S. Silverstone Way, north of E. Overland and east of S. Eagle Road, south of I-84. History: This property was annexed in 1995 as part of the development area of the I-84 Center, a planned commercial development that never came to fruition. A DA was approved in 2015 that included changes to the original provisions of annexation to accommodate the current development plan. Comprehensive Plan FLUM Designation: MU-R (mixed use – regional) Summary of Request: The proposed short plat consists of 2 commercial building lots on 10 acres of land in the C-G zoning district. Both lots comply with the dimensional standards of the district. This site has street frontage on S. Rackham Way, E. Overland Road, & S. Silverstone Way. ACHD is requiring the applicant to improve Rackham abutting the site as ½ plus 12’ of a 36’ commercial street with curb, gutter & sidewalk and a temporary turnaround at the end of Rackham with a sign stating the road will be extended in the future. The applicant may need to dedicate additional ROW to construct the improvements. In lieu of improving Rackham Way, the applicant may vacate the roadway & provide cross access to the parcel to the north. Street buffers are required to be provided along all streets in a permanent dedicated buffer or common lot depicted on the plat, maintained by the property owner or business owner’s association. Issue(s) for City Council: If Council has a preference if Rackham Way is improved or vacated, it should be noted. Written Testimony since Commission Hearing: None Staff Recommendation: Approval w/conditions in Exhibit B of the staff report and modification to site specific condition #5 which requires Rackham to be vacated where it abuts the site to allow it to remain open & be improved per ACHD standards, or vacated. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0061, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0061, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0061 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #10C: Oxygen Subdivision No. 2 – SHP (H-2017-0062) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 4.72 acres of land, zoned C-G (general retail & service commercial), located north of E. Overland Rd on the east side of S. Rackham Way. History: This property was annexed in 1995 as part of the development area of the I-84 Center, a planned commercial development that never came to fruition. A DA was approved in 2015 that included changes to the original provisions of annexation to accommodate the current development plan. Comprehensive Plan FLUM Designation: MU-R (Mixed Use – Regional) Summary of Request: The proposed short plat consists of 2 commercial building lots on 4.72 acres of land in the C-G zoning district. Both lots comply with the dimensional standards of the district. This property has frontage on S. Rackham Way, a local street. ACHD is requiring the applicant to improve Rackham abutting the site as ½ plus 12’ of a 36’ commercial street with curb, gutter & sidewalk and a temporary turnaround at the end of Rackham with a sign stating the road will be extended in the future. The applicant may need to dedicate additional ROW to construct the improvements. In lieu of improving Rackham Way, the applicant may vacate the roadway & provide cross access to the parcel to the north. A 10’ wide street buffer is required along Rackham in a permanent dedicated buffer or common lot depicted on the plat, maintained by the property owner or business owner’s association if Rackham is improved and not vacated. Outstanding Issue(s) for City Council: If Council has a preference if Rackham Way is improved or vacated, it should be noted. Written Testimony since Commission Hearing: None Staff Recommendation: Approval w/conditions in Exhibit B of the staff report and modification to site specific condition #4 which requires Rackham to be vacated where it abuts the site to allow it to remain open & be improved per ACHD standards, or vacated. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0062, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0062, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0062 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #10D: Oxygen Subdivision No. 3 – SHP (H-2017-0063) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 3.77 acres of land, zoned C-G, located north of E. Overland Rd. on the east side of S. Rackham Way. History: This property was annexed in 1995 as part of the development area of the I-84 Center, a planned commercial development that never came to fruition. A DA was approved in 2015 that included changes to the original provisions of annexation to accommodate the current development plan. Comprehensive Plan FLUM Designation: MU-R (Mixed Use – Regional) Summary of Request: The proposed short plat consists of 2 commercial building lots on 3.77 acres of land in the C-G district. Both of the proposed lots comply with the dimensional standards of the district. The site has frontage on Rackham Way, a local street, at the west boundary. ACHD is requiring the applicant to improve Rackham abutting the site as ½ plus 12’ of a 36’ commercial street with curb, gutter & sidewalk and a temporary turnaround at the end of Rackham with a sign stating the road will be extended in the future. The applicant may need to dedicate additional ROW to construct the improvements. In lieu of improving Rackham Way, the applicant may vacate the roadway & provide cross access to the parcel to the north. Outstanding Issue(s) for City Council: If Council has a preference if Rackham Way is improved or vacated, it should be noted. Written Testimony since Commission Hearing: None Staff Recommendation: Approval w/conditions in Exhibit B of the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0063, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0063, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0063 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #10E: Caven Ridge Estates – PP, MDA (H-2017-0020) Application(s):  Development Agreement Modification  Preliminary Plat Size of property, existing zoning, and location: This site consists of 32.59 acres of land, zoned R-8, generally located south of E. Victory Road, east of S. Meridian Road and north of E. Rumpel Lane. History: This property was annexed in 2006 with a DA & included in the preliminary plat for Tanana Valley subdivision, which was later re-platted as Cavanaugh Subdivision. Since that time, individual parcels have been sold off and are now under different ownerships & are being developed separately, rather than as a single master-planned development as planned. The property north of the canal is almost fully developed with MF & SF homes. The property south of the canal, except for a 22+/- acre parcel on the west side of Standing Timber Way and the 4.5 acre parcel where the existing home is located, is owned by the su bject developer. Most of the site amenities for this development were located north of the canal and those south of the canal were on the property where the existing home is located that is now under private ownership. For this reason, staff requested the applicant submit a new preliminary plat for the remaining area south of the Ridenbaugh Canal owned by this developer that contains its own amenities. Property boundary adjustments have been approved that have resulted in the current property configuration. Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: The applicant is requesting a modification to the current DA which encompasses all of the former Cavanaugh preliminary plat to remove the property owned by this developer and proposes a new DA just for the subject property. A concept plan was submitted that depicts how the 47 acres owned by the applicant located on the east & west sides of Standing Timber Way is proposed to develop. A preliminary plat is proposed for the property on the east side of Standing Timber that consists of 93 building lots & 7 common lots on 32.59 acres of land in the R-8 zoning district. The plat is proposed to develop in 5 phases. The average lot size is 10,505 s.f. with a minimum lot size of 6,955 s.f. The proposed revised plat complies with the UDC dimensional standards. Access is proposed via local streets from Standing Timber Way, a collector street, via E. Victory Road. Access will eventually also be provided via Rumpel Lane, currently a private street at the south boundary of this site, when the property to the west develops and a signal is planned for the Meridian Rd./Rumpel (Harris) intersection; until such time, access via Rumpel will be emergency onl y. A 10’ wide multi-use pathway is proposed as an amenity along the south side of the Ridenbaugh Canal along the north boundary of this site. Other amenities proposed consist of a swimming pool with a structure containing restrooms and storage; a large open area; playground equipment and internal pathways. All amenities are required to be constructed with the 1st phase of development. Parkways with detached sidewalks are proposed throughout the development. Fencing is required to be installed between the pathway and the canal to deter access to the waterway for public safety. Conceptual building elevations were submitted for the future homes in this development as shown. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kristi Watkins, JUB Engineers, Applicant’s Representative ii. In opposition: None iii. Commenting: Dennis Bedient iv. Written testimony: Kristi Watkins, JUB Engineers (response to the staff report) v. Key Issue(s) of Public Testimony: Traffic impact of the proposed development on adjacent streets (Standing Timber & Victory) without Rumple Lane being improved as a collector street out to S. Meridian Rd./SH 69 (the applicant only has 25’ of frontage on Meridian Rd., which isn’t enough width to construct a public street). Key Issue(s) of Discussion by Commission: i. The reconfiguration of the southern portion of the plat to comply with block length standards; ii. Concern that providing street frontage through the common area for the out-parcel where the existing home is located will reduce the amount of qualified open space (which currently exceeds the minimum requirement at 12.6%). Commission Change(s) to Staff Recommendation: i. Include a condition that street frontage via a local street is provided for the out-parcel where the existing home is located; direct access via Standing Timber Way, a collector street, is prohibited (see conditions #1.2.1d and 1.2.2f). Outstanding Issue(s) for City Council: i. The ACHD Commission held a hearing for this project on May 24th and continued the project to their June 21st meeting due to concern the project won’t have public access via S. Meridian Rd./SH 69 via Rumple Ln. (only emergency access is proposed due to the lack of right-of-way for a public street). Staff spoke with ACHD staff regarding this matter and staff didn’t expect their draft conditions (included in Exhibit B, Section 7 of the staff report) to change as this property does not have enough frontage on S. Meridian Rd./SH 69 for a public street to be constructed. ii. The applicant requests a waiver to UDC 11-3A-6A to allow the Ridenbaugh Canal to remain open and not be piped due to the large capacity of the facility. iii. Include revisions to the staff report as noted in the memo to Council from Staff based on the revised plat 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-2017-0020, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0020, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0020 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #10F: Hastings Sub. 3 - PFP (H-2017-0032) Application(s):  Combined Preliminary & Final Plat  Development Agreement Modification Size of property, existing zoning, and location: This site consists of 3.48 acres of land, zoned L-O, located at 2100 & 2160 W. Everest Lane. History: This property was annexed with a development agreement in 2002 and included in the plat & planned development for Lochsa Falls development. The property was rezoned to L-O in 2006. Comprehensive Plan FLUM Designation: MU-C (Mixed Use - Community) Summary of Request: The applicant requests a modification to the DA to remove the number of office buildings that can be constructed within the Lochsa Falls development – it’s currently restricted to a maximum of 11. A combined preliminary & final plat is proposed consisting of 11 building lots on 3.48 acres of land in the L-O zoning district. This is a re-subdivision of Lots 44 & 45, Block 49 of Lochsa Falls Sub. #12. The proposed plat is in compliance with UDC standards. A 10’ wide landscaped street buffer and sidewalk is required along W. Everest Ln, a private street, as proposed. A cross-access easement is proposed between all lots within the subdivision. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kelly Kehrer, KM Engineering ii. In opposition: None iii. Commenting: Tom Mannschreck, Robin Findl iv. Written testimony: Cheryl Walston, Josh & Sara Liddell, Thomas Mannschreck, & Tom Rudd v. Key Issue(s): Existing access, parking and high traffic volume in this area via Everest Lane, a private street. Key Issue(s) of Discussion by Commission: i. Ownership of Everest Lane and possible solutions to traffic & parking issues (not created by this developer) Commission Change(s) to Staff Recommendation: i. Add a DA provision requiring the property owner to install “No Parking” signs along Everest Lane and paint the curb red signifying “no parking” adjacent to his property. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Tina Gosney (adequate on-site parking for the development should be provided) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0032, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0032, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0032 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #10G: UDC Text Amendment – ZOA (H-2017-0044) Application(s): Zoning Ordinance Amendment Location: Citywide Summary of Request: The subject application is meant to serve several purposes: 1) Expound upon the procedure for revoking, modifying or denying an accessory use permit; 2) Update certain sections of the Unified Development Code (UDC) modifying several definitions in Chapter 1 (accessory use, drink ing establishment, home occupation, food products processing, heavy industry, restaurant retail store, wine and beer servings); c larifying the requirements for establishing a permitted and accessory use in all of the zoning districts in Chapter 2; modifying the sp ecific use standards of food products processing, home occupation and retail store, wine and beer sales and servings in Chapter 4; and restructuring some of the existing surety verbiage in Chapter 5 to improve the administration of this section of the code. 3) Incorporate new standards to allow for the establishment of food and beverage products processing, minor. In recent months, the Planning Division has received multiple inquiries to operate breweries, distilleries and wineries within the City. Depending on the operational characteristics of the business, these types of uses can be defined in various ways as follows: resta urant, drinking establishment, food products processing and retail beer and wine store. To efficiently administer this type of land use, City Staff is proposing several new changes to the UDC as follows: new definitions for brewery, distillery, winery and food and beverage products processing, minor; modifying the schedule of use table to allow for this type of use in the Commercial, Industrial and Tradit ional Neighborhood Districts; and proposing new specific use standards that apply to the establishment of this type of use. Staff has collaborated with other City Divisions (Legal, Building and Code Enforcement) on the proposed UDC changes. Further, the proposed UDC changes were shared with the UDC Focus Group and the BCA. Staff did not receive any formal comments from these two groups. This afternoon staff has received written testimony from several consultants of home-based businesses in opposition of the proposed changes to the home occupation standards (see below). Commission Recommendation: Approval with no modifications at the May 4, 2017 hearing. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. The Commission discussed the need to prohibit indoor/outdoor live entertainment with operating a retail store for beer and wine sales; if restricted, would special events be allowed through the approval of a temporary use permit. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Patty Strong; Karen Rueckert; Esther Saldivar; Shyrel Stoddard; Rebekah Johnson; Liz Davis; Carolyn Smith; Diane Schmitt; Lisa Pattan; Elaine Anderson; Dawn Lewis; Carol Bishop Huanch; Becky Preece; Becky Sattler; Katie Rowland; Lorena Allred; Kim Sigston; Cindy Lee; Carol Bacon – Primary concern is that the City is trying to eliminate home based businesses from conducting in-home parties. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0044, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0044, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0044 to the hearing date of [date] for the following reason(s): (You should state specific reason(s) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: - 6, 20141•. "-,, "t, Project Name: Please print your name For Against Neutral Do you wish to testify (YIN) 1��IIV FWAAKv�,4 A-- C) E` ° Oe/_,µt 6)411L X �� . s � LL) -r CA '11" 19 slier �Ura A 4. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 10B PROJECT NUMBER: H-2017-0061 ITEM TITLE: Oxygen Subdivision No. 1 B. Public Hearing for Oxygen Subdivision No. 1 (H-2017-0061) by James A. Kissler, LLC Located 1303 S. Silverstone Way 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on Ten (10) Acres of Land in the C -G Zoning District 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 6, 2014 Item # 10B Project Number: H-2017-0061 Project Name: Oxygen Subdivision No. 1 Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 10C PROJECT NUMBER: H-2017-0062 ITEM TITLE: Oxygen Subdivision No. 2 Public Hearing for Oxygen Subdivision No. 2 (H-2017-0062) by James A. Kissler, LLC Located East of S. Eagle Road and North of E. Overland Road on East side of Rackham Way, North of the File Mile Creek 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 4.72 Acres of Land in the C -G Zoning District MEETING NOTES �✓ APPROVES 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: June 6, 2014 Item # 10C Project Number: H-2017-0062 Project Name: Oxygen Subdivision No. 2 Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 10D PROJECT NUMBER: H-2017-0063 ITEM TITLE: Oxygen Subdivision No. 3 Public Hearing for Oxygen Subdivision No. 3 (H-2017-0063) by James A. Kissler, LLC Located 1260 S. Eagle Road Request: Short Plat Approval Consisting of Two (2) Building Lots on 3.77 Acres of Land in the C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 6, 2014 Item # 10D Project Number: Project Name: H-2017-0063 Oxygen Subdivision No. 3 Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 10E PROJECT NUMBER: ITEM TITLE: Caven Ridge Estates Public Hearing for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road Request: Preliminary Plat Approval Consisting of Ninety -Three (93) Building Lots and Seven (7) Common Lots on 32.59 Acres of Land in the R-8 Zoning District Request: Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 6, 2014 Item # 10E Project Number: H-2017-0020 Project Name: Caven Ridge Estates Please print your name For Against Neutral Do you wish to testify (Y/N) `� a � 1 ork Pheasant %0 Morning doves Magpies Crows the occasional Owl at dusk, you can see it sitting high up in a tree. Also, it is nesting and security -ducky ani gce&e-. Right now there are multiple families of d=lis-and-gee awe -cin raise their young. The copes of trees s c/ S l lleczx �ItlIxi�,vf ml lj' -ee ✓y do `vert Green Desert: only living things I have seen is: a couple dogs and owners and some pocket gofers.di� I just wanted to raise this issue and speak for the birds because they don't have a voice here, and hope that we can preserve their homes while building a bunch of our own. o� �r `A :,60- Of err 1, 16 ,� �, ? � / iT R •' Z V� y f r t` � Pel op ♦ f 2 I I �,� �� ��� �� �� 1 � �., .. 1 ~�� �� � , ._may � � 1 _ �•- .: .. aim �� 4 \ � � `';` � '� `v 1 V � �: ���- -.,,� --, .. �} � �, a��� ! �,�1�1��1 VARP lmwwljil-�, Ae A L 0 .or I Jj rte.:.. •� b� r� V' U N fes; r _ ■ _ `E.. s Qf r LA .s .s rr �N j GG Silverwater 3 ~42 Lots Bannock 31 Lots This is from page 23 of the full Thompson Engineering report. They state that the traffic from the existing Caven Ridge phase 1 will most likely use Standing Timber to Victory and on to Meridian Road as it provides a significantly shorter route than going through Reflection Ridge. However, it is clear from this map that most of the Reflection Ridge homeowners will use Standing Timber to access Victory Road as well. This is from page 3 of the ACHD report and is copied from the Thompson Engineering study. It shows the PM Peak Hour Traffic Count on Victory Road on January 26, 2017 was 599. They state that this is below the 720 count, “Acceptable level of service for a three-lane arterial”. In this section of the ACHD report, Thompson Engineers estimate the PM Peak Hour impact the proposed development would have on Victory Road. They state that the 93 additional lots in Caven Ridge East will generate 93 additional PM Peak Hour counts based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. So each new lot will generate one additional PM Peak Hour count. A 1:1 ratio, lots to PM Peak Hour Counts. Adding 93 PM Peak Hours to 599 empirically collected counts yields 692. In this section title “Conclusions” of the full Thompson Engineering report (Adobe page 27), they estimate the PM Peak Hour impact Caven Ridge phase 1 and Caven Ridge East would have on Victory Road. It states that the 138 Caven Ridge homes will generate 139 PM Peak hour trips per the trip generation manual. This is slightly more than a 1:1 ratio. Adding 38 PM Peak Hour counts from Caven Ridge phase 1 to the 692 counts from above yields 730 counts, 10 above the acceptable limit for a “three-lane arterial”. The problem with the Thompson Engineering study and the ACHD report is that neither take into account all the other approved subdivisions that will impact Victory Road between Meridian Road and Locust Grove Road. Taking the 1:1 ratio, lots to PM Peak Hour counts, into account, the table below shows the PM Peak Hour counts on Victory Road when all the other approved subdivisions are taken into consideration. One more issue to discuss that was included in the report we gave to ACHD last month. The traffic study was done in January. There were 23.7” of snowfall between the January 1 and January 26. There were 4.3” that fell the five days before the 26th when the Victory Road data were collected. ACHD did not clear any of the side streets in January so all were barely passable. Was January, 2017 an ideal time of year to be doing a traffic study? We know from last month’s ACHD hearing that the Commission cannot force the developer to complete Rumpel Lane. However, we believe that the data we present this evening provides sufficient legal justification for the denial of the developer’s proposal. Basically, the infrastructure is not sufficient. In addition, based on the total number of homes that will access Victory Road, we recommend the ACHD take a serious look at changing the 2026-2030, Capital Improvements Plan for Victory Road between Meridian Road and Locust Grove, from 3-lanes to a 5-lanes. Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 1 OF PROJECT NUMBER: H-2017-0032 ITEM TITLE: Hastings Subdivision No. 3 Public Hearing for Hastings Subdivision No. 3 (H-2017-0032) by Encore Development, LLC Located 2100 & 2160 W. Everest Lane Request: Combined Preliminary / Final Plat Approval Consisting of Eleven (1 1) Building Lots on 3.48 Acres of Land in an L -O Zoning District MEETING NOTES 9 APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 6, 2014 Item # Project Number: Project Name: H-2017-0032 10F Hastings Subdivision No. 3 Please print your name For Againstutral Do you wish to testify (Y/N) �o AA � Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 10G PROJECT NUMBER: H-2017-0044 ITEM TITLE: UDC Text Amendment Public Hearing for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements AND Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing, Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts MEETING NOTES 1\1a1 Pm bei 1 '�/ D17 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 2017 UDC Text Amendment – H-2017-0044 1 Proposed UDC Text Amendments UDC Section Topic Problem/Question Potential Fix 11-1-11D Process for revocation of accessory use permit City Council has primary jurisdiction over the question of whether to revoke accessory use permits; this should be a director-level decision, with appeal to City Council. D. Revocation of Conditional Use Or Accessory Use Permit: 1. A conditional use or accessory use permit may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If the city council decides to revoke a conditional use permit or accessory use permit, either on its own action or upon complaint to the city council, the council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation at a public hearing before the City Council. 3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 4. The city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use or accessory use permit. If the council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270. 11-1-11E Process for revocation, modification, or denial of accessory use permit Allows director to determine whether to revoke accessory use permit, with option to appeal to City Council. E. Revocation, modification, or denial of accessory use permit: 1. An accessory use permit may be revoked or modified by the director upon a finding of breach or violation of any condition of approval or limitation of the permit. An accessory use permit application may be denied by the director upon a finding that the proposed use cannot or will not be conducted in compliance with applicable specific use standards. The director shall provide the permit holder written notice of the revocation, modification, or denial, and shall provide the permit holder with information regarding the opportunity to appeal such action. 2.The permit holder or applicant may appeal the director’s revocation, modification, or denial of an accessory use permit. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation, modification, or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The clerk shall provide fifteen (15) days’ notice of the hearing to the permit holder or applicant and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 3. Following public hearing on the appeal, city council shall affirm, modify, or reverse the director’s action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. 11-1A-1 Define accessory use Further define this term. ACCESSORY USE, NON-RESIDENTIAL: A use or activity that is incidental and secondary subordinate to the principal use and is conducted upon the same property. 11-1A-1 Define Brewery New term BREWERY: The use of a site that manufactures beer or malt liquor. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass. 11-1A-1 Define Distillery New Term DISTILLERY: The use of a site that manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. 11-1A-1 Drinking Establishment Remove the term brewery from the definition. DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. Thise use includes, but is not limited to, is commonly referred to as a bar, brewery, lounge, nightclub, and tavern. 11-1A-1 Food products processing Bifurcate food and beverage products processing into two (2) separate categories; major or minor similar to the UDC vehicle repair definition. FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR (NAICS Code 311): The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Excluded uses are animal products, seafood, milling and refining. 11-1A-1 Define food and beverage products processing; minor New term FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: The use of a site or portion thereof for small scale operation of producing; manufacturing; processing and storage of food and beverage products. The use must contain a tasting room, dining area, retail showroom or any combination of these areas. The term includes brewery; distillery and winery. A use that does not meet the specific use standards listed in Chapter 4 shall be defined as Food and Beverage Products Processing, Major. 11-1A-1 Define home occupation Modify the term home occupation. ACCESSORY USE, HOME OCCUPATION: An occupation, profession, activity, or commercial use or activity that is clearly an conducted on the premises of a residential dwelling unit in addition to use of the residential use of such residential dwelling unit. and that does not alter the exterior of the property or affect the residential character of the neighborhood. This term shall not include “Daycare Facility” as herein defined. 2017 UDC Text Amendment – H-2017-0044 2 11-1A-1 Industry, heavy Minor revision to the existing definition. INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Included uses are animal products, seafood, milling and refining. 11-1A-1 Restaurant Minor revision to the existing definition. RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.074. C. Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04, including, but not limited to, brewpubs and wine bars. 11-1A-1 Retail store, wine and beer sales and servings Minor revision to the existing definition. RETAIL STORE, WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or beer to the public for monetary compensation for off-site consumption as well as and offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. The use does not include, brewery, distillery, drinking establishments, or restaurants or winery as herein defined. The use does not include stores that sell wine and beer but do not offer servings. 11-1A-1 Define Winery New term WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of wine by the drink or glass. 11-2A-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the residential zoning districts. A. Permitted uses and accessory uses in residential districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. , except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Ssingle-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. Any person establishing, operating, or carrying on Aa home occupation accessory use or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 11-2B-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the commercial zoning districts. A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating, or carrying on a home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any person establishing, operating, or carrying on Aa home occupation accessory use or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 2. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 2017 UDC Text Amendment – H-2017-0044 3 Table 11-2B-2 Add new use to table Allow small scale operations of food and beverage products processing in the commercial districts. Use C-N C-C C-G L-O M-E H-E Food and beverage products processing; minor1 P/C P/C P/C - P/C P/C Table 11-2B-2 Allowed uses in the commercial districts Remove home occupations from operating in the L-O and C-N zoning districts. Residential uses are typically not allowed in these zoning districts. Use C-N C-C C-G L-O M-E H-E Home occupation accessory use 1 A A A A - - 11-2C-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the industrial zoning districts. A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any person establishing, operating, or carrying on any permitted and/or non-residential accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. Table 11-2C-2 Add new use to table Allow small scale operations of food and beverage products processing in the industrial districts. Use I-L I-H Food and beverage products processing; minor1 P/C - Food and beverage products processing; major1 P P 11-2D-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the traditional neighborhood zoning districts. A. Permitted uses and accessory uses in traditional neighborhood districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single- family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Ssingle-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. Any person establishing, operating, or carrying on Aa home occupation accessory use or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 3. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 2017 UDC Text Amendment – H-2017-0044 4 Table 11-2D-2 Add new use to table Allow small scale operations of food and beverage products processing in the traditional neighborhood districts. Use O-T TN-C TN-R Food and beverage product processing; minor1 P/C P/C - 11-4-3-19 Food products processing Existing standards in Chapter 4 needs to be re-titled as food and beverage products processing “major”. 11-4-3-19: FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. environmental protection agency, the U.S. department of agriculture, Idaho department of environmental quality (DEQ), Idaho department of agriculture, Idaho department of water resources, and Central district health department. 2017 UDC Text Amendment – H-2017-0044 5 11-4-3-21 Home Occupation Modify the specific use standards to have more expressed standards to eliminate vague requirements and make the standards more enforceable. Recently there have been uses approved as home occupations that have been more commercial in nature however; the current standards as written make it difficult for the City to enforce. 11-4-3-21: HOME OCCUPATION ACCESSORY USE: The following standards apply to all home occupation accessory uses: with the exception that strict adherence to the standards contained in subsections B, C, E, and F of this section in the TN-C and TN-R districts is not required: A. In no way shall the home occupation accessory use cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten twenty five percent (1025%) or 500 square feet, whichever is more restrictive, of the overall living area of said dwelling shall be used for a home occupation accessory use, including home occupation or for storing goods, materials, or products associated with the home occupation accessory use. An attached garage may be used for a home occupation provided it shall not reduce the required off street parking below the standard established for that district and the area being used for the home occupation is calculated to be no greater than twenty five percent (25%) of the overall living area of the dwelling. C. No activity associated with the home occupation accessory use, including or any storage of goods, materials, or products connected with an the home occupation accessory use, shall be allowed in any detached accessory structure. D. (Rep. by Ord. 07-1325, 7-10-2007) Allowed home occupation accessory uses include but are not limited to: art, dance and music lessons; personal training lessons; personal and professional services; and artisan craft production. Prohibited home occupation accessory uses include but are not limited to: vehicle repair; vehicle rental; equipment repair; equipment rental; pet boarding; or any other uses that are prohibited by the UDC or are in violation of the purpose statement of this code, as determined by the Director. E. The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. The home occupation accessory use shall be conducted by the inhabitants of the dwelling. G. The home occupation accessory use shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation accessory use; or 2) products secondarily related to the personal or professional service aspect of the home occupation accessory use; or 3) products sold online that are delivered to customers by mail. I. Off street parking for the home occupation accessory use shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. K. The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential use. The permit holder shall be responsible for obtaining all applicable permits prior to commencing the home occupation accessory use. L. No more than one (1) nonresident employee shall be permitted on the premises of the home occupation accessory use, except that a home occupation accessory use operating from a multi-family dwelling shall have no clients, customers or employees on the premises of the home occupation accessory use at any time. M. No more than two (2) clients and/or customers shall be at the premises of the home occupation accessory use at any one time, except that a home occupation accessory use operating from a multi-family dwelling shall have no clients and/or customers on the premises of the home occupation accessory use at any time. 2017 UDC Text Amendment – H-2017-0044 6 11-4-3-44 Retail store, wine and beer sales and servings Add additional specific use standards to ensure this use does not operate primarily as a drinking establishment. 11-4-3-44: RETAIL STORE, WINE AND BEER SALES AND SERVINGS: A. The applicant shall maintain a current wine and beer sales permit for on premises consumption (which includes retail sales). Liquor sales shall be prohibited. B. Applicant shall comply with all state, county, and local laws regarding serving alcohol, including, but not limited to, designating specific areas for consumption and posting such areas as age restricted. C. Wine and beer servings shall be limited to the following time periods: eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. Store hours of operation are not limited unless otherwise restricted by this title. D. The use shall not include any indoor/outdoor live entertainment. E. The use shall not include food service as defined by the term restaurant. 11-4-3-46 Specific use standards for food and beverage products processing; minor New specific use standards for food and beverage products processing; minor. 11-4-3-46: FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: A. The building or tenant space shall not exceed a gross floor area of 5,000 square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed 10,000 square feet. B. In the commercial districts, a conditional use permit shall be required when the use is located within three hundred feet (300’) of a residential district or existing residence. C. In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five percent (25%) of the building and/or tenant space, as applicable. D. In the industrial districts, the dining area, tasting area and the retail showroom or any combination thereof, shall not exceed more than twenty- five percent (25%) of the building and/or tenant space, as applicable. E. Storage of materials used in the production process shall only be permitted within a completely enclosed structure. Other outdoor storage areas not associated with the production process shall comply with section 11-3A-14, "Outdoor Storage As An Accessory Use", of this title. Outdoor storage is prohibited in the traditional neighborhood districts. F. Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception. 2017 UDC Text Amendment – H-2017-0044 7 11-5C-3 Surety Agreements There isn’t any new language being proposed for this section. All of the proposed changes are restructuring existing language in a more efficient chronological order to improve the administration of this section of the code. 11-5C-3: PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. 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 that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving) in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by city council resolution. The estimated cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by city council resolution. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The amount of surety called for shall be established by city council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. The amount of surety called for shall be established by city council resolution. D. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. STATEMENT OF COMPLIANCE FOR HOME OCCUPATION I intend to operate a home occupation for a within my residence at: I agree to operate my home occupation consistent with the standards set forth by the City of Meridian. Those regulations are listed in the Unified Development Code (UDC) Section 11-4- 3.21 and include the following: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. (Rep. by Ord. 07-1325, 7-10-2007). E. The home occupation shall not have more than two (2) out -going pickups per day fiom a common carder. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation; or 3) products sold online that are delivered to customers by mail. I. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m, and 8:00 p.m. K. The home occupation shall only be allowed as an accessory use to an allowed residential use. Furthermore, I understand that any home occupation that has employees or clients must first be approved by the City. As part of that approval the City will inform my neighbors about my proposed home occupation. I will have employees: Dyes ❑No I will have clients: []Yes ❑No I have read and understand the above standards, and certify that I will conduct my business in accordance with these standards. If I cannot meet these standards, I understand that the City will not allow my home occupation to continue. Applicant's Signature: _ Applicant's Printed Name: Applicant's Address: Date: Phone: Community Development ® Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org Revised 04/30/2014 v Ll i_/ Date: CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET June 6, 2014 Item # 10G Project Number: Project Name: H-2017-0044 UDC Text Amendment Please print your name For Against Neutral Do you wish to testify (Y/N) rv� �G TorW C d r 5 hcipe, 5-�cfclJa r ^ rzi T, bro� >< K)b L vv- &v:!s 0 lrl V C7 J6SOC& NO L�s� i�at�v L �han�a.0-Parc L-/ U�;t ASO��� NO AT , X NO Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 10H PROJECT NUMBER: ITEM TITLE: Public Hearing to Consider the Conveyance of Certain Real Property on E. Pine Avenue near Main Street to the Ada County Highway District for Right of Way Purposes ORDINANCE NO.17-11 : AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER OF E. PINE AVENUE AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO 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 ADA COUNTY RECORDER Christopher D. Rich 2017-052120 BOISE IDAHO Pgs=5 HEATHER LUTHER 06/08/2017 04:34 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. r -�` /7 "516 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER OF E. PINE AVENUE AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey approximately 44 square feet of real property to the Ada County Highway District for right-of-way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on June 6, 2017 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain. terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the June 6, 2017 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property should be transferred without compensation to the City. Section 3. That the City Council has reviewed and approved the legal description of the proposed right -of --way attached hereto and incorporated herein. Section 4. That the Mayor and City Cleric shall be authorized to execute and attest a purchase and sale agreement, standard form warranty deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 4 Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 6 t� day of June, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 611' day of June, 2017. 0, .pOD A p G Jo City of ERIII�IAN�-- SEAL y; p, Wil: �ti ATTES C.6 Cols City Clerk MI 1 kei�i liiar,�� Cv�C ('r; ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 4 PARCEL DESCRIPTION" Date: October 31, 2016 Project: Pine Avenue — Meridian Road to Locust Grove Road Parcel No 14 Right -of -Way Requirement A parcel of land being a portion of Lots 15 and 16, Block 5, Amended Plat of Townsite of Meridian, Book;1 of Plats at Page 30, as filed in the Ada County Recorder's Office, located in Government Lot 3 of Section 7 Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the W1/4 corner of said Section 7, monumented by a 3" brass cap (Corner Record No. 114006712), from which the Cl/4 corner of said Section 7 monumented by a 3.5" brass cap (Corner Record No. 2016-000592), bears North 89035'45" East, a distance of 2394.92 feet; Thence North 89135'45" East, coincident with the north line of said Government Lot 3 a distance of 741.03 feet; Thence South 00°24' 15" East, perpendicular to said north line, a distance of 39.37 feet to the northeast corner of said Lot 15 and the POINT OF BEGINNING; Thence South 00033'01" West, coincident with the easterly line of said Lot 15, a distance of 0.63 feet; Thence South 89°3545" West, parallel and offset 40.00 feet south of the north line of said Government Lot 3, a distance of 60.02 feet to the westerly line of said lot 16; Thence North 00°32'54°' East, coincident with said westerly line, a distance of 0.82 feet to the northwest comer of said Lot 16 Thence North 89°46'37" East, coincident with the northerly line of said Lot 16 and Lot 15, a distance of 60.02 feet to the POINT OF BEGINNING. The above described parcel contains 44 square feet or 0.001 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is Grid North, ADA County GIS Coordinate System ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 4 SKETCHFOR LEGAL EXHIBIT' PARCEL 14 RIGHT-OF-WAY REQUIREMENT A PARCEL OF LAND BEING A PORTION OF LOTS 15 AND 16 BLOCK 5, AMENDED PLAT OF TOWNSITE OF' MERIDIAN' LOCATED IN GOVERNMENT LOT 3 OF SECTION 7, T. 3 N., R. i E., BOISE MERIDIAN, CITY OF MERIDIAN. ADA COUNTY, IDAHO 2016 POW OP coinfi NCmkoff W114 CORNER 0114 CORNER SUC270M 7 _ N89'35'45"E 2394.92' &C7701V 7 741.03' _ 1653.89` i rry, of PINE AVENUE w 2: in PDiNT OF N89'46.'37"E 60.02`. BEGRO NG NO'32'54"E S89'35'4!M 60.OV SO'33'01"W 0.82'` MS .+0.001 Ac 44 s.f. LA/yp 11778 a f a 4 OFw w \0 2141w.MWWsy,ftiO4 Me, ID NO i / N07 TO SCALE ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 4 of 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- � 7 � O An Ordinance of the City of Meridian authorizing the conveyance of certain City owned real property to the Ada County Highway District located near the SE corner of E. Pine Avenue and N. Main Street; Authorizing the Mayor and City Cleric to execute and attest on behalf of the City of Meridian the Deed and other documents necessary to complete the transaction; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. os -P r1 401 City of ty of Wridian Mayor and City Council w By: C.Jay Coles, City ClerkSFA SFS ow°)' First Reading: 7 Adopte fter first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES A NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- 1730 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 17- /7 30 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this I day of June, 2017. Lekil-11 William. L.M. Nary City Attorney ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY PINE/MAIN STREET— SUMMARY Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 T3N, R1E, Sec. 07 APN: R5672000795 Fee Requirement: COMPENSATION SUMMARY 44 Sq. Ft ........................................................... $ 0.00 Temporary Construction Easement: Improvements: 790 Sq. Ft ....................................................... 0.00 ................................................................ 0.00 COMPENSATION................................................... 0.00 Donation of required Right of Way and Temporary Construction Easement by owners. Citv of Meridian per Waiver Agreement dated June 9, 2010. ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLAN SHEET 4 of 19 DATED DECEMBER 5, 2016. ****Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic safety conditions warrant."*** Negotiated Item: Seller's disclosure f hazardous materials: (1) NoneV--- _____ (Seller's Initials); or (2) Seller's disclosure: City's ReprWe Name: /`el f6 1� i ________ Phone: Initials: ese ________ ACHD Initials: Version: 5/20/08 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian RIW Parcel No: 14 T3N, R1E, Sec. 07 APN: R5672000795 SALE AND PURCHASE AGREEMENT (Partial Acquisition) THIS SA AND PURCHASE AGREEMENT (the "Agreement') is made and entered into this -- day of , 2017, by and between City of Meridian, a municipal corporation, ("Seller") and Ada unty Highway District ("ACHD"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho whose address is 3775 Adams Street, Garden City, Idaho 83714, and the person to contact at ACHD is Barbara Burton, whose telephone number is (208) 387-6275. (b) The term "Closing Date" shall mean within 30 days of title clearance, but in no case later than one year past the day, month and year first above written; provided, by written addendum signed by both parties and delivered to Closing Agent, the Closing Date may be rescheduled to such date as the parties agree. The Closing Date may also be extended, and in either event the Closing Date shall then mean such rescheduled date. (c) The term "Deed" shall mean the real property as described on Exhibit "A" to the Deed. (d) The term "Easement' shall mean collectively the Permanent Easement and the Temporary Easement(s) as described and/or depicted on Exhibit "A" to the Easement(s). (e) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated as hazardous by any federal, state or local governmental authority. (f) The term "Project' shall refer to the highway improvement program being undertaken by ACHD internally known as Project Number 815025.001 and commonly known as the Pine Ave., -Meridian Rd to Locust Grove Rd. (g) The term "Property" shall refer to the real property described on the Exhibit "A" attached to the Deed. Page 1 of 5 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 UN, R1 E, Sec. 07 APN:R5672000795 (h) The Property is a part of a larger parcel of real property owned by Seller, and the term "Remaining Property" shall refer to the remainder of the parcel of real property which will continue to be owned by Seller after this transaction is closed, and shall include the Easement Area. (i) The term "Seller" refers to the above-named Seller whose telephone number is 208 898- 5506. SECTION 2. Recitals. 2.1 ACHD is a single county -wide highway district organized and existing under the laws of the state of Idaho, with the responsibility and jurisdiction and authority to acquire public right-of-way and construct and improve highways in Ada County, Idaho, and in that connection has undertaken the Project. 2.2. In lieu of condemnation and in furtherance of the Project and for the price and on the terms and conditions hereinafter set forth, ACHD desires to purchase the Property from Seller, acquire the rights of access and use of the Easement Area set forth in the Easement, and pay for any damages which may accrue to the Remaining Property and/or any eligible business located thereon by reason of its severance from the Property and the construction of the Project, and for the price and on the terms and conditions hereinafter set forth Seller is willing to sell and grant the same to ACHD and settle such damage claims, if any. SECTION 3. Agreement to Sell and Purchase Property and Grant Easement(s). For the purchase price and on the terms and conditions hereinafter set forth, Seller hereby agrees to sell, grant and convey the Property and grant the rights of access and use of the Easement Area to ACRD, and ACHD hereby agrees to purchase the Property, subject to the Exceptions to Title, and acquire the rights set forth in the Easement(s) from Seller. SECTION 4. Damages to Remaininq Property: Release and Survival. The parties agree that the purchase price set forth in Section 5 includes reimbursement for any and all damages which may accrue to the Seller's Remaining Property and/or any eligible business located thereon by reason of: (i) its severance from the Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD, and that this payment is in full settlement of all claims, demands and causes of action Seller may have against ACHD for such damages. Accordingly, Seller hereby forever releases, discharges and acquits ACHD from any and all actions, causes of action, claims or suits for damages, losses, expenses, attorney's fees and costs of suit which Seller shall have, or which in the future may arise, to the Seller's Remaining Property and/or any eligible business located thereon from or as a result of or by reason of or in connection with: (i) the severance of the Property from the Remaining Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD. Notwithstanding the foregoing, Seller may pursue any and all claims for loss, injury, death and damage caused by, arising out of or resulting from ACHD's use of the Property and Easement Area during construction, including, without limitation, attorney's fees and costs Page 2 of 5 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian RIW Parcel No: 14 T3N, R1 E, Sec. 07 APN: R5672000795 that might be incurred by Seller in pursuing any such claims. It is agreed that the provisions of this section will survive the closing under this Agreement. SECTION 5. Purchase Price; Closing; Possession. 5.1 The purchase price to be paid by the ACHD for the Property and for the rights of access and use of the Easement Area set forth in the Easement and for any severance or business damages to the Remaining Property of Seller is Zero Dollars and Zero Cents ($0.00). 5.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the purchase price in return for the delivery to ACHD of the Deed and/or the Easement, each duly executed by Seller and acknowledged in form suitable for recording. 5.3 ACHD shall be entitled to possession of the Property and the Easement Area as provided in the Easement on and following the date this Agreement is executed, and upon the following terms and conditions: (a) On and after possession, ACHD shall have full and unrestricted authority and right to enter upon the Property and the Easement Area and to make full use of the Property for any lawful purpose, including but not limited to, construction of the Project thereon. (b) In the event that the parties are unable to close for any reason, on the Closing Date or any date thereafter, ACHD shall retain full and unrestricted possession and use of the Property and the Easement Area pending commencement of an action for specific performance and any final order therein or pending commencement of an action for condemnation by ACHD and issuance of an order by the court granting ACHD possession of the Property pursuant to Idaho Code § 7-721. (c) Possession of the Property and the Easement Area by ACHD under this Section 5.3 and before the date the Deed and/or Easement is recorded is intended to give ACHD the right of possession and it does not establish a Landlord -Tenant relationship between Seller and ACHD. 5.4 At its sole discretion, ACHD may elect to close the transaction through a title company. Notification of title closing will be given to seller in writing. SECTION 6. Hazardous Materials Warranty. Seller warrants that neither Seller, nor, to the knowledge of Seller, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any Hazardous Materials under, in, or about the Property. This warranty shall not be merged into the Deed and shall survive the closing under this Agreement. SECTION 7. Remedies for Default. In the event of the failure or neglect by either party in the performance required under this Agreement, the other party shall have all the remedies available under the laws of the state of Idaho for breach of a contract, including the remedy of specific performance. Page 3 of 5 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 T3N, R1 E, Sec. 07 APN: R5672000795 SECTION 8. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees expended or incurred in connection therewith and in connection with any appeal, and the same may be included in the judgment. SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits related to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 10. Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, provided no assignment of their respective rights and obligations hereunder shall be made by either party without the written consent of the other. SECTION 11. Time of Essence. Time is of the essence of this Agreement. SECTION 12. Entire Agreement. This Agreement and the Exhibits referenced in this agreement constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 13. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. SECTION 14. Warranty of Authority to Execute. 14.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 14.2 If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this Agreement on behalf of Seller, the same is binding upon, and shall inure to the benefit, of Seller. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SELL R: Ci Meri ' n, icipal corporation Its:�u� By: Its: Page 4 of 5 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian RNV Parcel No: 14 T3N, R1 E, Sec. 07 APN: R5672000795 ADA COUNTY HIGHWTRICT: 414 �W Davil Serdar Right -of -Way Supervisor �1Craig Howe Sr. Right -of -Way Agent The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Page 5 of 5 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 T3N, R1E, Sec. 07 APN: R5672000795 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this day of , 2017, City of Meridian, a municipal corporation, the "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD - Page 1 of 2 Version: 5122/08 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 T3N, R1 E, Sec. 07 APN: R5672000795 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. ATTEST: By: C y City Clerk Grantor: City !an, a municipal corporation �pgpT&DgUCGST � 0 � City of w .11 OL SE—AL F v STATE OF IDAHO ss. County of Ada ) On this �P day of k jnp— , 2017, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared nd CSU Coles CW'JCtL known to me to be the-Meyefand City Clerk, respectively, of the City of Meridian, Idaho, and who executed this instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day month and year in this certificate first above written. ec' ; O (SEAL) :; z 6664• STATE u; 0 604808060 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD - Page 2 of 2 Version: 5/22/08 EXHIBIT PARCEL DESCRIPTION Date: October 31, 2016 Project: Pine Avenue — Meridian Road to Locust Grove Road Parcel No: 14 Right -of -Way Requirement A parcel of land being a portion of Lots 15 and 16, Block 5, Amended Plat of Townsite of Meridian, Book 1 of Plats at Page 30, as filed in the Ada County Recorder's Office, located in Government Lot 3 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the W1 /4 corner of said Section 7, monumented by a 3" brass cap (Corner Record No. 114006712), from which the C1/4 corner of said Section 7, monumented by a 3.5" brass cap (Corner Record No. 2016-000592), bears North 89°35'45" East, a distance of 2394.92 feet; Thence North 89°35'45" East, coincident with the north line of said Government Lot 3, a distance of 741.03 feet; Thence South 00'24'15" East, perpendicular to said north line, a distance of 39.37 feet to the northeast corner of said Lot 15 and the POINT OF BEGINNING; Thence South 00°33'01" West, coincident with the easterly line of said Lot 15, a distance of 0.63 feet; Thence South 89°35'45" West, parallel and offset 40.00 feet south of the north line of said Government Lot 3, a distance of 60.02 feet to the westerly line of said lot 16; Thence North 00°32'54" East, coincident with said westerly line, a distance of 0.82 feet to the northwest corner of said Lot 16; Thence North 89°46'37" East, coincident with the northerly line of said Lot 16 and Lot 15, a distance of 60.02 feet to the POINT OF BEGINNING. The above described parcel contains 44 square feet or 0.001 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is Grid North, ADA County GIS Coordinate System EXHIBIT A SKETCH FOR LEGAL EXHIBYT .PARCEL 14 RIGA e OE- WAY REQ UjTRETvj`4 .��T 1( A PARCEL OF LAND BEING A PORTION OF LOTS 15 AND 16, BLOCK 5, AMENDED PLAT OF TOWNSITE OF MERIDIAN LOCATED IN GOVERNMENT LOT 3 OF SECTION 7, T. 3 N., R. 1 E., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 POINT OF COMMENCEMENT WU4 CORNER C114 CORNER SECTION 7SECTION 7 _ N89'35'45"E 2394.92' —� 741.03' — — — 1653.89' — r7 0) PM AVENUE w in N O POINT OF N89'46'37"E 60.02' BEGINNINO NO'32'54"E S89'35'45"W 60.02' �_SO'33'01 "W 0.82' 0.63' ±0.001 Ac. 44 s. f. IAIVpS STfRFoG�� 11778 4 OF MQ� N 2141 W. Airport Way, Ste 104 Sof e, ID 83706 gOg,342.b4M/O/�//�� NOT TO SCALE W�awdtic.Whpa.com Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 T3N, R1 E, Sec. 07 APN: R5672000795 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2017, by and between, City of Meridian, a municipal corporation, hereinafter "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described/depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as E. Pine Ave., (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorney's fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. Temporary Construction Easement Version 5/2012 Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd Project: 815025.001 Name: City of Meridian R/W Parcel No: 14 T3N, R1 E, Sec. 07 APN: R5672000795 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. — 0RpTED,gL LST c \�Y !' Cityof W d IpgHO ATTEST: Wyk k By: , City Clerk C.�(,y CdIq of Wridian'a mOiciaal k2l� olvi, ceodn . P �� ADA COUNTY HIGHWAY DISTRICT: Dave Serdar Right -of -Way Supervisor Kraig Howe Sr. Right -of -Way Agent NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Temporary Construction Easement Version 5/2012 U a ® f O @ 75 N O T E S R6129000060R6129000100 8612900 70 sj 86129000110 1 ® 917. I 10 116 I 124 R612©0120 O Removal of Obstructions, Item 201.4.1.C.1 Z 86129000090 Accidental Investments LLC. cidental Investments LL 128 JM Ranch LLC. ! Famille Investm nts LLG 906 Esmt (P) 2O Retain and Protect Q +5252 Irr. Box, +40 ,Triple Doubles Consulting Inc. 15' Esmt m , hultr Family Trust - 7 Pie Concrete Sidewalks, Thickness Y, �• - 12' Esmt O 1 _ 2 6.5 40'+40 Lt ' 4 7 -� 57 _ amt (P) O Item 706.4.1.E.1 22.50 i I _ p 1 I 43' Lt 4' 19 57.55 3' E 12 10' _ 23 103' g 8 TBN {3 _ t2`-E�snt---- O Remove Tree 6"+, Item SSP 29093 11 + 12' Esmt (T) E� ( 53 62 1 4 - - - :. 6.5' 56 - - ' - - - - - 12 Asphalt Repair -Other, Item SSP -08125 40 45' ;'g { T) 3783' Lt; - .. - - - CB - _ 66 - Pipe . - 2Z. 40 R25. n $ R2 -T N 1 20 41' 49' 20 66 33 20 43' 0 c Box MH, - r pipes 1 vi O R56720004-80 831 Church Of The Harvest Inc. 20 17•e ---`-- 33 MH.CB, Pipes 1 fl\4j4 < `-a t �.St` ` • i `•��'.14 x th, Poe Size 18'. - _ - - - Rem -06004 (SeecMiso. Details)th 5% r 5% Max.- _- ->-_• 12.54 - - -f/Y- _ _ - "- - 19 20 6' Gravity Irrirgation Pipe, Class SDR 35 PVC, Item 601.4.1.A.05.06 12'IteStorm to 4. Drain Poe, Class C900 PVC, `=-1j -- - = 15 _>: " _ 1- 52 5 _ 62 -- ---- -- - = b o a 23 8' GravityIrrigation Pipe, Gass SDR 35 PVC, Item 604.1 A05.08 P °� 9' 44 51 B ' - . c ' - 51 43 100 BIrr. Pipe 1 pipe C&G, 10 + co m O Storm Drain or Gravity Irrigation Catch Manhole, Size 48', Item 602.4.1.E1 . E. PINE AVE. SW, SW w -- Section & Control Line N89'35'45'E, 2369.92' B in O O Basin -Type 1, Item 6024.1.F.1 Precast Sediment Box - Size 1000 Gallon, it602.4.1.H.1 Standard 6' Vertical Curb &Gutter, Item 706.4.1.A.5 37' i A- Shrubs (7) 8+� l Shrubs (3) 1 - 12 20' 12 27 1 Shrubs (3) 4 7' 46 48'CdcG e t ' 1 49 49 4 46 18' 49 1 SW 1 o Concrete Valley Guttas, Item 706.4.1.B.1 Pedestrian Ramp w/Detectable Warning Domes, Type A, i - 4 Item 706.4.1.H.1.A -�= 37.85' Rt.:: - s� ,':, - -- _ - 6' - -= 6 ¢� ,' •.-tl2,t� ,�._LL _ _ 51 Concrete Driveway Approach, Item 706.4.1-F.1 L+10.19 t ,c. _ _ .• • •� • + uo • • ►• 60 59 - - ro -'.3' Esmt P , S2 Remove & Reset Mailbox, Item SSP -25080 38.9G Rt 9 +20.99. `' }', _ ty } . O + - . ,_, - 11'(� t 2 Comm 53 62 53 Remove & Reset Sprinkler System, Item SSP -29101 +10.19 0 - • 20.94 11 113 ` 8' Esmt (T) - _ 4 15' Esmt (T1 1 Esmt (>1 Sign r L.- 3' Esmt (T) a +41.02 -- O Concrete Repair, Item 706.4.1.G,1 20.74 59 60 +8 80.76 53 1 + i +40.97 'I i 59 60 :i 43' Rt. 59 40.89 Saw Cut Existing Surface, Incidental f 6 _ 11 Match Existing Surface R5672000815 R5672000805 R5672000785 567200075 129 62 Sod Repair, Item SSP -29065 830Fill] i; Trax Holding LLC. 121 Atkinson Enterprises LLC. 66 Reference and Reset Monuments, Item 2020.4.1.F.1 Trax Holding LLC. 9 City Of Meridian Sec 07,T3N,RI E 67 Concrete Irrigation Box - Size 2'x2', Item 6024.1.M.1.A - - - - - - Remove & Replace Fence Misc. Fence, Type Vinyl Picket. Item SP -200091 , I00 See Storm Drain - Install Topsoil, Sod, And Sprinklers (See Landscape 24.50' Rt _ 42.33' Ri. i i 1 O one StmPlans). Additional Landscaping By City Of Meridion 2615 :. - 1 1 Pr 5+90.15 _ PCC 6+64.18 f -Irrigation-- -- r- A Profile Sheets 113 Landscape Repair, Item SP -29067 i t I - --- - -- - -TBC Bev 2607.7'IPCc 6+42.- - TBC E16T 2608.6; "-� --� ---- - . ' - - �--- - _----- - - - - _. _ - _ _. _ - 2615 O 42.30' Rt. PC 6+6 .14 - 117 CoPetuhct Lording e 2X MasInoB Building ildth ingeEnttrance. C- TBC- Bev 2608.5.1 -- 44.05' Rt. PC 7+17.07 2613 '- __ '_ PT 6 3 TSB+ 2608.58 3T,9B.50' Rt.- �- +41.2 666.07 C Elev 2608.62 - - _ - - - --- -- - - . - .. - -- __ ... - ------�---- - _- - -- - - - - -------- 44.32' Rt. -- - _-- 31.74 -Rt:. _--. -. . 2613 :,.. - .POT -7+17.45---- __-.�----- -- -- -._.. -_ -- - - - r TBC Eley 2608.58 TBC Bev 2608.30 48.38' Rt. - - --- - PRC 4+64.06 � - POC 6+40.74 POT 6+66.17 TBC Bev 2608.77 PRC 5+78.46 - _- - 21.30' Lt ` 31.74' Rt. 44.71' RL -- - ,21.31' Rt. ' POC 7+19.31 - TBC Elev 2607.70 TBC Elea 2608.59 _ 261 1 �.- � � TBC Elev 2608.29 - _ TBC Eley 2608.02 31.75' RL - _ - - PC 4+52.35 ----- - -- - _ - .. --_- ------ - '-- -- - _- -...--POT- 6+40.&3 - ---- -- �2 ----. - - TBCBev2608.46 - I 2611 PT 6+78.74' PC 5+69.70 4.50>Rt. -._... -.. - -. _ 24:50' Lt. 44.60 RL TBC Bev 2605.10 TBC Bev 2607.58 '_ 1.05% 18.15' � TBC Bev 2606.59 � Pr 7+3275 � ExIsUnGround 8.15 RL PT 4+76.80 TBC 22 2.329: m Control Li 24.50' RL TBC Lt. Profile K _ Bev Exist. n 8; Crown Profile Grade 67 TBG Bev 2608 31 Control®; Line 2609 ; erode m _. 17.81' Lt. _ ci n - PC s+28.07 I o 2608.61 , Crown _ - _. -m--- 2 I 1.708 I 10� o - - TBc Bea 2so7.64 -- - - - -- I_ i- N - -1.0% _ 0 2BENCH MARKS: - _4.50 RL 1,7DX - 1.97% Ia Match Exist. PVI 5+69.98 I TBC f7ev 2607.�g 1;70X . - --- - - - r-------- - -__. _---_ L 1.04% Lt. L _ --- -- - --- - - -- - -- - _ -- - ---- + TBM 3 CP 3 - PK Nail W/Washer ' 2607.07 Gown BN Match Exist - 608 58 m D Sta. 5+70.65, 35.33' Lt -- I N - -- - -- - - - -- - - TBC d C 2607 i c _.. - - -- -- --- --.- - - -- -- - - = i. ?OXTBC Lt. & Rt' ' Lt in r O ay. 2608.02 ------- - `- -- -- -- ------ 7 --- - - _ - _ 2 Lt 96 Profile Grade _ 2608.58 Rt. TBC _� 260% ,:7D - DEC -, 7oX PVI 6+20.00 Lt �'% � k `Lt.'TBC Bev 2607 86 �- - - -.- _ 0.57% CRO PVI 4+76.57 �: n ( .88X -_ ---- 40X CROWN _4 - - OX r CL Bev 2607.50 ;- a g_ - - - o - - 20 0 I- Match Fust [ of - PC 6+85.66 ---- ------------ ---� _----- - Control Line & E r I -- I I i - �_ _-�_- Plan Scale 2605'. I Crown Profile Grade `_.-__ _ --_ __.- -- ---�-_ - --- - a I 2 .5 RL - _ SLA - -- -- -- --2605 Bev 260812 I i L z- - ---- -_. -- ------POG-6+98.34------- --- �__ -- - �-- __-- ----- ---- 1 ---- ------- TBC _--4175_RL- - - - ---I WHPacific Boise, Idaho -- :--- ', �-_ - -- -- - - --- - - - TBC E}Cv 2606 - - - 2603 -- j --t - PC 5+69.68 I - POT 7+ .45 ` 18.28 Lt i_ 1 i i ' I - + 1 -- - - --_.- --- ---- --- -- -- ----- --• ' i _ 1T Match -'--- - - t_-- i 48.36' RL - -- --- --------- --- L _ BM 2sDs6_._ -_ _Tac Elev--2soea7 - _ !`SSMC FN(; L 2603 - - ' __ PRC- `- TBC Bev .49' R2' -- -! -- - Lt �<c �C E N S �c40 i i PT 7+ooso i l � ; 39.49' RL 2601 i - - -- ----_ ---r j r l I - TBC Bev 2607._64 2601 --� �_-- -t - ---------- ---- ------ l r - - ---._- - - ---- -- -- --__ - Pi 5+90.15 j- -f 1- -- - ------ --- ------ --1--- - 24.50' Lt I 11 F- - 634 i e I TBC Bev 2607.60 2599 - 2599 9rF F AQP �1Z- i Revisions: `n1 Design By: JAW pate: 11/16 Drawn By: MGF/TAC Dote: 11/16 Survey By. WHPACIFIC Date: 09/15 V V Ada Count Highway District 3775 Adams Street, Garden City, Idaho, 83714 Y 9 Y w _ Proiect Nn R1 �,Cl9� Pra�ie�t TitlesM; -� - -- ._._. �v.a . r�•ru. r r ��. r v wl.uZDIL Vl tJVC r --%.U. r%tJV V 1:1)11UUL 4 %JT l y D U 7 9 ,5 N O T E S O 'I 86129000100 R61290DO110 1 8612 5800060 86129006470 ( j �I � t I O © 0 10 116 I 124 86129000120 1 Removal of Obstructions, Item 201.4.1.C.1 a�D917;' j R6129000090 Accidental Investments LLC. cidental Investments LL 128 JM Ranch LLC. Fomille Invest' nts LL0 } Z 2O Retain and Protect ! Qc 906 3 Esmt (P) ;Triple Doubles Consulting Inc. 15' Esmt m j 1 € G hultz Family Trust +52.52 1 Irr. Box, jj +40 ' +22.50 i !f! f '� I, Pipe 12 6.5' 43'Lt.+7 4 19 57.55 3' Eamt (P) O Item«706.4.1.E.1Iks, Thickness 5', I (i Z ! 12' Esmt - 67 - - ( 12 10' \ � L 0 67 i - 23 103' i B 40' LL 4 7 8 8O Remove Tree 6'+, Item SSP 29093 _ A v 57.40' 23 45' 62 11 + _ 12' Es'mt X12` l sint (7) 9 EsmE (T) l TBM %3 Y fws, 12 Asphalt Repair -Other, Item SSP -08125 1 4 i ci; 9 60 r/- L Ei=az--._ 6.5' 56 , . T �4f 64 4 1 Seep g 'Dep x 3.0' dth, Pipe Size 18', 2 IP. SP 06004 ( MIs Details) 37.83' Lt' _ _ - - = Item Se a o s CB, -- = yr 5x Max': 55 Max._ r 4,54 f -yam O 6' GravityIrrlrgation Pipe Class SDR 35 PVC, ...., - »601.4.1.A.05.06 1 Item L Pipe -- - __ 19 c E 52 20 P20. Gass C900 PVC, temS60 4.1D.A.05.1 �-- _ - - 8' Gravity Irrigation Pipe Gass SDR 35 PVC 100 62 i 8, �2 yp r ; Concrete Driveway Approach, Item 706.4.1.F.1 7. 385' Rt. / S/e' 1 _ �'0 - P1 3 S2 Remove & Reset Mailbox, Item SSP -25080 60 59 I 38.96' RL O I+20 99 t t r ' smt P IL 11 Famt 8' Es 2 ' 20.94- 11 113 , (� Comm (T) 53 Remove & Reset Sprinkler System, Item SSP -29101 �' c ��._15' T smt (� t 1 Esmt (T) n 2 Sign r. 53 62 3' F�mt N 1 -- N +41.02 O Concrete Repair, Item 706.4.1.G.1 sZ ,f + - , m 20.74 59 60 +8 j 80.76 53 1 + .4 i +40.97 59 j ;i 43' Rt. 59 Saw Cut Existing Surface, Incidental } 40.89 16 1© 14 O 60 Match Existing Surface 1 f 85672000805 O R5672000785 R5672000480 L j R5672000815 8311 4nj 830 111 56720007 5 129 62 Sod Repair, Item SSP -29065 Ill I If l j; Trax Holdin LLC. 121 Atkinson Enterprises LLC. 66 Reference and Reset Monuments Item 2020.4.1.F.1 Church Of The Harvest Inc. Trax Holding LLC. 9 City Of Meridion 0 Sec 07,T3N,R1 E 67 Concrete Irrigation Box - Size 2'x2', Item 6024.1.M.1.A Remove & Replace Fence - Misc. Fence, Type Vinyl �....;.,.I. .. ., ,,.'.,. , .. ,. .. ,:.,.. �. ., .. i_. . ...j,., .I... ...4 ...i. .. .. �... .. ., ..,�.. 100 Picket, Item SP -200091 1 Install Topsoil, Sod, And Sprinklers (See Landscape See Storm Drain - - ® Plans). Additional Landscaping By City Of Meridian FT 5+90.75 PCC 6+6'4.18 and Irrigation 2615 ! Profile meets 2615 113 Landscape Repair, Item SP -29067 - - - - - - - �----- --- -----�--- - 24.50' Rt. 42.33' � 1 �- - _ � i -- J - ---- TBC Elev 2607.74pCC 6+42.64 - -- ----- - TBC Etev 2606:51_----�---- -- I --- `-- ---"- --"' --- ---j-- !- --- - - 117 Construct Landing Flush to Building Entrance. 42.30' RL PC 6+6.14 i ( Slope Shall Be 27. Max In Both Directions. f k i TBC' Elev 2608.51 - '4.05 Rt. PC 7+17.07 LLL i 139.50 26131 -- • i PT 6+41.23 - TPOC 6+66.078.58 TBC Elev 2608.62 -_ --- - - - - -- ------ - -- ---- -._-� ------ , ------ -- -- -- 2613 r i --- i TBC ..44.32'- Rt: ---- -- --- -- 31.74 L ------- 31.74' Rt. --- - POT 7+1245 -- -- - --- - - - - - ! --- !!11 _ Elev 2608.58 TBC EI 2608.30 48.38' Rt. i POT 6+66.17 j i PRC 4+64.06 PRC -5+78.4& POC 6+40.74 JBC Elev 2608.77 1 44.71' jj - t 21.30' Lt. 21.31' RL I TBC Else 2608.59 POC 7+19.01 2611 TBO Elev 260770 TBC bev 2608.29 31.75' Rt ! -- c- TBC Elev 2608.02 PT 6+78.741 11. Elan _ 2611 -- ----------- ------ --- ----i '-------- ---- --- - -- --- ' --- -------#------ - - - - ----- - -- ---- --- ----POT-�6+4D&3 - -- ---_ � ----�--- ------ -- - 0O8.4fi - ---- ---- .. --- --- �f- - ( PC 4+52.35 �-- - 24:50`Rt 4 7 2 -- F - I PC 5+69.70 ! j 44.67' Rt .TBC rev 2608.10 ! i- 24,50' Lt PT 7+32.75 Exlstln Ground 18.15' Rt. TBC Elev 2608.59 9 - - TBC Elev 2607.58 1.058 TBC I K bt - Elev 2608.22 - 24.50' RL -_ ® Control Line _ K o Cr wn Line & 2609 TBC Lt. Profile PT 4+76.80 Match Exist. ro !: - n Pr fde Grode TBC l]ev 2608.31 I R'_ m PC 6+28.073 j o 2608.61,Crown0 F � m 17.81' Lt. 1 N i 1.705 I I I ____ Q Crede D, _ _ __ N 24.fio' RL -1;iox ; ts7x I 209 BENCH MARKS: ',--------------- o -- - --- -- ----, - -- -- -- -- -TBC Elev 2607.84--- -- --1 -N- - - -- -- - ----- ._ -- -- ----- -1-705.- - --- - - -- r o: T PVI 5+69.98 I 1BC F7ev 1601_89 1;70X l - - - v-- - i -- j ------- - - + TBM �!3/CPg3 - PK Nail W/Washer 1.045 Lt. Match Exist 1 CL Elev 2607.69 "- - - i m �- - F i Match Exist. i _ 1.70. _ DEC 0 5 2016 Eta. 5+70.02 35.33' Lt. o - f - t i= 2608.58 LI:. 76C _ o in 2607.0 Gown 0%, I Elev. 2608.02 t. - - - - --- --�_ - F c ? TQC Lt. & Rt'. .408 Lt - w I- 2607 c - L I r - r PVI 6+20.00 Lt. -rofile Grade 405 2608.58 Rt. TBC c : 2607 ---:-TBC Elev 2607.86 - _ -- -- -_.--- _ 0.40% CROWN _ -- -- - 3---- -- - -- r- - -- i p,/�gp�� _fig-;- rrr��� b i ASF_ 20 G r 0.57% CROW C PVI 4+76.57 - i Bt li .88% L r I I ff - --' - L r i j CL Eh 2607.50 1 cS 1I { ` I PC 6+85:66 Match Exist I i I Plan Scale Control Line & t ; _? E j it ; 24.50' 'Rt. ( I ��e 2605 Crown Profile Grade 1 I ; t . r THTC Elev 260812 f ' 2605 ---------------- --- --- --- 1--_i } � q --- -- POG -8+88.34 - ------t---- -_��� -�- � WHPacific Boise, Idaho TBC Elev 2608.46 -- - PC 5+69.68 i !_ I' POT 7+00.45 ��A 2603 -__=_- I ^! - _ - - 1828' Lt. ; f ( # ; 48.36• Rt. - \ONAL --- _ ------ - - -----TecEaev-2608,77 --- --- --- - j _ 2603 cJS FNG 1130 rev 2607.68 -- ---- T !' rENS i - ----- j Match Exist. � ----- _ �PF 7+00.501� --- �v \ jL! PRG -5+78.61 I _ 1 39.49' RLj -- I 21.40' Lt F t - TBC Elev 2608.62! - Q " ---- fI _.------ TBC Elev 2607.64 PT 5+90.15 _ ' -- -- -' --�---- �- - 260--1- -- 634 Lt. TBC Elev 260.60 _-- ► �3�1 2599r1 0 } i i 2599 OF�� Revisions: Design By: JAW Date: 11/16 Drawn By: MGF/TAC Dote: 11/16 Survey By: WHPACIFIC Date: 09/15 Ada County Highway District 3775 Adama Street^Garden City, Idaho, 83714 Proiect No: 815025 Proiect Title: Pine AVC--- Merirlian RrJ_ Tn Lc1r lit �r[lVP_ Rrl ROW SFiPr-t 4 Of 1 A urge ' Arden nm c 44 ! RZ3' S1 44 43' 00� , \_- _t % ��,' I 51 VG. 8 -023 1 o in a Item 601.4.1A05.08R2S.5 Storm Drain or Gravity Irrigation Catch Manhole, Size N C&G, 1 20 41' 66 49' 20 20 43 1 Irr. Pipe 1 j PipeN sw O 48', Iter 802.4.tE.t o S l 33 E. PINE AVE. ice:.;>,; in 14 52 ;.�i Imm a LP. _ _ - 7+60 Section &Control Line N89'35'45'E, 2369.92' a in 35 Catch Basin -Type I, Item 6024.1.F.1 '' 20 1TMH,B, 20 37 f i 8+00 o ? O Preeast Sediment Box -Size 1000 Gallon, Item 602.4.1.H.1 € t o Pipes t `` 1 T- ilililj b _ 35, ( Shrubs (3) 1 1 rubs (7) 12 22' I 1 Shrubs (3) 4 7' Standard 6' Vertical Curb &Gutter, Item 706.4.7.A.5 n eNV PipesB, F • - w E R23 [020' 1 46 48' 44 ; 49 49 _ - - 49 -- rr. 46 18' 49 1 SW 10 f N o Concrete Valley Guttas, Item 706.4.1.B.1 -- r -- I ..\ -------p f� ! ..ttsc�'1 E.. - Pedestrian Ramp w/Detectable Warning Domes, Type A, Item 706.4.1.H.1.A - � `I �. .` V"'-' ;�_�- �' ,a-'� 8, �2 yp r ; Concrete Driveway Approach, Item 706.4.1.F.1 7. 385' Rt. / S/e' 1 _ �'0 - P1 3 S2 Remove & Reset Mailbox, Item SSP -25080 60 59 I 38.96' RL O I+20 99 t t r ' smt P IL 11 Famt 8' Es 2 ' 20.94- 11 113 , (� Comm (T) 53 Remove & Reset Sprinkler System, Item SSP -29101 �' c ��._15' T smt (� t 1 Esmt (T) n 2 Sign r. 53 62 3' F�mt N 1 -- N +41.02 O Concrete Repair, Item 706.4.1.G.1 sZ ,f + - , m 20.74 59 60 +8 j 80.76 53 1 + .4 i +40.97 59 j ;i 43' Rt. 59 Saw Cut Existing Surface, Incidental } 40.89 16 1© 14 O 60 Match Existing Surface 1 f 85672000805 O R5672000785 R5672000480 L j R5672000815 8311 4nj 830 111 56720007 5 129 62 Sod Repair, Item SSP -29065 Ill I If l j; Trax Holdin LLC. 121 Atkinson Enterprises LLC. 66 Reference and Reset Monuments Item 2020.4.1.F.1 Church Of The Harvest Inc. Trax Holding LLC. 9 City Of Meridion 0 Sec 07,T3N,R1 E 67 Concrete Irrigation Box - Size 2'x2', Item 6024.1.M.1.A Remove & Replace Fence - Misc. Fence, Type Vinyl �....;.,.I. .. ., ,,.'.,. , .. ,. .. ,:.,.. �. ., .. i_. . ...j,., .I... ...4 ...i. .. .. �... .. ., ..,�.. 100 Picket, Item SP -200091 1 Install Topsoil, Sod, And Sprinklers (See Landscape See Storm Drain - - ® Plans). Additional Landscaping By City Of Meridian FT 5+90.75 PCC 6+6'4.18 and Irrigation 2615 ! Profile meets 2615 113 Landscape Repair, Item SP -29067 - - - - - - - �----- --- -----�--- - 24.50' Rt. 42.33' � 1 �- - _ � i -- J - ---- TBC Elev 2607.74pCC 6+42.64 - -- ----- - TBC Etev 2606:51_----�---- -- I --- `-- ---"- --"' --- ---j-- !- --- - - 117 Construct Landing Flush to Building Entrance. 42.30' RL PC 6+6.14 i ( Slope Shall Be 27. Max In Both Directions. f k i TBC' Elev 2608.51 - '4.05 Rt. PC 7+17.07 LLL i 139.50 26131 -- • i PT 6+41.23 - TPOC 6+66.078.58 TBC Elev 2608.62 -_ --- - - - - -- ------ - -- ---- -._-� ------ , ------ -- -- -- 2613 r i --- i TBC ..44.32'- Rt: ---- -- --- -- 31.74 L ------- 31.74' Rt. --- - POT 7+1245 -- -- - --- - - - - - ! --- !!11 _ Elev 2608.58 TBC EI 2608.30 48.38' Rt. i POT 6+66.17 j i PRC 4+64.06 PRC -5+78.4& POC 6+40.74 JBC Elev 2608.77 1 44.71' jj - t 21.30' Lt. 21.31' RL I TBC Else 2608.59 POC 7+19.01 2611 TBO Elev 260770 TBC bev 2608.29 31.75' Rt ! -- c- TBC Elev 2608.02 PT 6+78.741 11. Elan _ 2611 -- ----------- ------ --- ----i '-------- ---- --- - -- --- ' --- -------#------ - - - - ----- - -- ---- --- ----POT-�6+4D&3 - -- ---_ � ----�--- ------ -- - 0O8.4fi - ---- ---- .. --- --- �f- - ( PC 4+52.35 �-- - 24:50`Rt 4 7 2 -- F - I PC 5+69.70 ! j 44.67' Rt .TBC rev 2608.10 ! i- 24,50' Lt PT 7+32.75 Exlstln Ground 18.15' Rt. TBC Elev 2608.59 9 - - TBC Elev 2607.58 1.058 TBC I K bt - Elev 2608.22 - 24.50' RL -_ ® Control Line _ K o Cr wn Line & 2609 TBC Lt. Profile PT 4+76.80 Match Exist. ro !: - n Pr fde Grode TBC l]ev 2608.31 I R'_ m PC 6+28.073 j o 2608.61,Crown0 F � m 17.81' Lt. 1 N i 1.705 I I I ____ Q Crede D, _ _ __ N 24.fio' RL -1;iox ; ts7x I 209 BENCH MARKS: ',--------------- o -- - --- -- ----, - -- -- -- -- -TBC Elev 2607.84--- -- --1 -N- - - -- -- - ----- ._ -- -- ----- -1-705.- - --- - - -- r o: T PVI 5+69.98 I 1BC F7ev 1601_89 1;70X l - - - v-- - i -- j ------- - - + TBM �!3/CPg3 - PK Nail W/Washer 1.045 Lt. Match Exist 1 CL Elev 2607.69 "- - - i m �- - F i Match Exist. i _ 1.70. _ DEC 0 5 2016 Eta. 5+70.02 35.33' Lt. o - f - t i= 2608.58 LI:. 76C _ o in 2607.0 Gown 0%, I Elev. 2608.02 t. - - - - --- --�_ - F c ? TQC Lt. & Rt'. .408 Lt - w I- 2607 c - L I r - r PVI 6+20.00 Lt. -rofile Grade 405 2608.58 Rt. TBC c : 2607 ---:-TBC Elev 2607.86 - _ -- -- -_.--- _ 0.40% CROWN _ -- -- - 3---- -- - -- r- - -- i p,/�gp�� _fig-;- rrr��� b i ASF_ 20 G r 0.57% CROW C PVI 4+76.57 - i Bt li .88% L r I I ff - --' - L r i j CL Eh 2607.50 1 cS 1I { ` I PC 6+85:66 Match Exist I i I Plan Scale Control Line & t ; _? E j it ; 24.50' 'Rt. ( I ��e 2605 Crown Profile Grade 1 I ; t . r THTC Elev 260812 f ' 2605 ---------------- --- --- --- 1--_i } � q --- -- POG -8+88.34 - ------t---- -_��� -�- � WHPacific Boise, Idaho TBC Elev 2608.46 -- - PC 5+69.68 i !_ I' POT 7+00.45 ��A 2603 -__=_- I ^! - _ - - 1828' Lt. ; f ( # ; 48.36• Rt. - \ONAL --- _ ------ - - -----TecEaev-2608,77 --- --- --- - j _ 2603 cJS FNG 1130 rev 2607.68 -- ---- T !' rENS i - ----- j Match Exist. � ----- _ �PF 7+00.501� --- �v \ jL! PRG -5+78.61 I _ 1 39.49' RLj -- I 21.40' Lt F t - TBC Elev 2608.62! - Q " ---- fI _.------ TBC Elev 2607.64 PT 5+90.15 _ ' -- -- -' --�---- �- - 260--1- -- 634 Lt. TBC Elev 260.60 _-- ► �3�1 2599r1 0 } i i 2599 OF�� Revisions: Design By: JAW Date: 11/16 Drawn By: MGF/TAC Dote: 11/16 Survey By: WHPACIFIC Date: 09/15 Ada County Highway District 3775 Adama Street^Garden City, Idaho, 83714 Proiect No: 815025 Proiect Title: Pine AVC--- Merirlian RrJ_ Tn Lc1r lit �r[lVP_ Rrl ROW SFiPr-t 4 Of 1 A urge ' Arden nm CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: April 19, 2016 Item # 10H Project Number: Conveyance of Real Property Project Name: Ada County Highway District Pleaseour rint name For Against Neutral Do you wish p Y g to testifv (Y/N) Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Hillsdale Park Agreements Parks & Recreation Department: Hillsdale Park Agreements with the West Ada School District MEETING NOTES F]", APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051905 BOISE IDAHO Pgs=10 LISA BATT 06/08/2017 12:37 PM CITY OF MERIDIAN, IDAHO NO FEE (Space Above For Recorder's Use) ACCESS AND PARKING EASEMENT This Access and Parking Easement is made effective this 6 day of0�16---*' , 2017, by and between the Joint School District No. 2, doing business as West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho ("Grantor"), and the City of Meridian, an Idaho municipal corporation ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property located in the City of Meridian known as Hillsdale Elementary School, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee has entered into an Agreement to Transfer Real Property from the Treasure Valley YMCA ("YMCA") recorded as Instrument No. 2016-121434 on December 15, 2016, records of Ada County, Idaho (the "Transfer Agreement") WHEREAS, the Transfer Agreement provides for the future transfer to Grantee of a portion of YMCA's Property for a public park to be known as the Hillsdale Park as more fully described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Park Property" or "Hillsdale Park") and which shall be owned and maintained by Grantee upon such transfer; WHEREAS, Grantor intends to utilize portions of Hillsdale Park for student education and recreation purposes pursuant to the terms of the parties' Agreement for School District Use of Hillsdale Park dated of even date herewith (the "Park Use Agreement"); WHEREAS, Grantee will be providing pressurized irrigation water to certain landscaping at Hillsdale Elementary at no cost to Grantor; WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on Exhibit C (the "Easement Property") under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ACCESS AND PARKING EASEMENT - I 1. Recitals Incorporated. The above and foregoing recitals are hereby incorporated and are a part of this Agreement 2. Easement Dependent Upon Transfer of Park Property. YMCA has agreed to transfer the Park Property to Grantee but since Grantee does not own the Park Property at this time, this Easement shall not be effective until the conveyance of the Park Property by gift deed from YMCA to Grantee and, immediately upon recording said gift deed, this Easement shall become effective. 3. Grant. Grantor hereby grants a non-exclusive access easement over, on, across, and through a portion of Grantor's Property for ingress, egress, and parking in the location depicted on Exhibit C ("Easement"). Grantor reserves the right to temporarily restrict Grantee access to during certain hours and in certain areas due to special events through the use of parking use signage and other means in Grantor's sole discretion. 4. Purpose of Easement. The Easement shall be used for ingress and egress during the hours of operation of Hillsdale Park for pedestrian travel, vehicular travel, and vehicle parking in marked areas. 5. Term of Easement. The term of this Easement shall commence pursuant to Article 2 of this Agreement, and shall continue in full force and effect during the term of the Park Use Agreement and any extensions thereof. In the event of any termination of Grantor's right to use utilize portions of Hillsdale Park for student education and recreation purposes pursuant to the terms of the Park Use Agreement, this Easement shall automatically terminate and Grantee authorizes Grantor to execute and record a Notice of Termination of Easement for the purpose of providing notice that the Grantor's property is no longer subject to the Easement. 6. Maintenance. Grantor shall maintain all parking lot improvements (including but not limited to pavement and landscaping) in good and sufficient repair and shall keep the Easement area in a neat and aesthetically pleasing condition. Any damage to the parking lot improvements shall be repaired by Grantor as promptly as reasonably possible. Grantor shall be responsible for cost of repair unless damaged by Grantee's use, normal wear and tear excepted. 7. Sinding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land during the term of this Easement. 8. Hold Harmless and Indemnity. a. Indemnification of Grantor. Grantee shall defend, indemnify and hold harmless the Grantor, and Grantor's trustees, officers, agents and employees, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by District of any part of the Easement Property occasioned by any act or omission of Grantee or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting ACCESS AND PARKING EASEMENT - 2 solely from the negligence or otherwise wrongful act or omission of the Grantor and/or the Grantor's officers, employees, or servants. b. Grantee to Maintain Insurance Coverage. Grantee, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the Grantor as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. ii. Not less than five (5) business days prior to Grantee's first use of the Easement Property, and at least annually thereafter for so long as Grantee or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors shall use or occupy the Easement Property, Grantee shall furnish the Grantor with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. iii. The certificate of insurance shall provide that the company or program providing such coverage shall provide the Grantor with thirty (30) days prior written notice of cancellation or material alteration of the policies set forth in the certificate of insurance. iv. In the event that the limits of the Idaho Tort Claims Act are modified, the Grantee shall deliver a new certificate of insurance to the Grantor indicating compliance with the revised limits within ten (10) business days of the effective date thereof. V. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the Grantor arising out of Grantee's use of the Easement Property. 9. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 10. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Easement, 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 Easement. ACCESS AND PARKING EASEMENT - 3 It. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Easement 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. 12. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 13. Relocation Reservation. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after any redesign or redevelopment of the Grantor's Property, upon thirty days' prior written notice to Grantee. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. 14. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. 15. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Grantor: West Ada School District Attn: Assistant Superintendent - Operations 1303 E. Central Drive Meridian, ID 83642 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. [ end of text; signature page follows ] ACCESS AND PARKING EASEMENT - 4 IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: JOINT SCHOOL DISTRICT NO.2 &AM L Aj Dr. T4ajj Ann Ranells, Superintendent — STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this a,5- day of , 2017 before the undersigned, a Notary Public in the State of Idaho, personally appeared Mary Ann Ranells, proven to me to be the person who executed the said instrument who executed the instrument on behalf of Joint School District No. 2, and acknowledged to me that Joint School District No. 2 executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ACCESS AND PARKING EASEMENT - 5 Az�� Notary Public for Idaho Residing at f ')1j -C" , , Idaho es My Commission Expir: ,2-/I- 4,,j GRANTEE: CITY OF MERIDIAN: 0% A ,aucUST7l'a 0 G City of ,.. �„®_,qi Qa P► Attest: City Clerk STATE OF IDAHO ss County of Ada I HEREBY CERTIFY that on this day of , 2017 before the undersigned, personally appeared nd C.Jay Coles, known or identified to me to be the i3, Id -Mayer and City Cleric, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .5j6604, �v�"�p,R Y' • • o 5555. S7`A'T� 04 •� ••565555•' ACCESS AND PARKING EASEMENT - 6 0 Notary Public for Idaho Residing atML, , Idaho My Commission Expires: EXHIBIT A (Grantor's Property Legal Description) Parcel 4, Record of Survey No. 10215 in the land records of Ada County Idaho ACCESS AND PARKING EASEMENT - 7 EXHIBIT B (Grantee's Property) A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33, thence following the northerly line of the Northwest 1/4 of said Section 33, 589°15'22"E a distance of 2,660.62 feet to a found brass cap marking the North 1/4 corner of said Section 33; Thence leaving said northerly line and following the easterly line of said Northwest 1/4, S00°19'09"W a distance of 736.83 feet to a found 5/8 -inch rebar; Thence leaving said easterly line, N89°46'03"W a distance of 647.40 feet to a point and being the POINT OF BEGINNING. Thence S00°13'57"W a distance of 71.92 feet to a point; Thence N89'46'01"W a distance of 27.00 feet to a point; Thence 500'13'59"W a distance of 105.50 feet to a point; Thence S89°46'01"E a distance of 23.50 feet to a point; Thence 39.72 feet along the arc of a non -tangent curve to the left, said curve having a radius of 65.00 feet, a delta angle of 35°00'32", a chord bearing of S38°4226"E and a chord distance of 39.10 feet to a point; Thence 92.64 feet along the arc of a non -tangent curve to the right, said curve having a radius of 258.50 feet, a delta angle of 20°32'01", a chord bearing of S47°08'39"W and a chord distance of 92.15 feet to a point; Thence 310.09 feet along the arc of a non -tangent curve to the right, said curve having a radius of 155.50 feet, a delta angle of 114°15'29", a chord bearing of S00°32'52"E and a chord distance of 261.21 feet to a point; Thence 258.77 feet along the arc of a reverse curve to the left, said curve having a radius of 159.50 feet, a delta angle of 92°57'23", a chord bearing of 510°06'11"W and a chord distance of 231.31 feet to a found 5/8 -inch rebar; Thence 99.60 feet along the arc of a non -tangent curve to the right, said curve having a radius of 52.16 feet, a delta angle of 109°23'47", a chord bearing of 571'51'07"E and a chord distance of 85.14 feet to a found 5/8 -inch rebar; Thence S66°04'37"W a distance of 46.41 feet to a found 5/8 -inch rebar; Thence 159.39 feet along the arc of a circular curve to the left, said curve having a radius of 96.00 feet, a delta angle of 95°07'46", a chord bearing of S16°53'46"W and a chord distance of 141.70 feet to a found 5/8 -inch rebar; Thence 530'40'07"E a distance of 43.29 feetto a found brass plug on the northerly right-of-way line of E. Highlander Dr.; ACCESS AND PARKING EASEMENT - 8 Thence following said northerly right-of-way line, 48.08 feet along the arc of a circular curve to the left, said curve having a radius of 681.50 feet, a delta angle of 04°02'32", a chord bearing of S54°42'11"W and a chord distance of 48.07 feet to a found brass plug on the subdivision boundary of Hill's Century Farm Subdivision Phase 2; Thence leaving said northerly right-of-way line and following said subdivision boundary the following courses: 1. N33°25'00"W a distance of 20.05 feet to a found 5/8 -inch rebar; 2. 259.81 feet along the arc of a circular curve to the left, said curve having a radius of 345.00 feet, a delta angle of 4308'55", a chord bearing of N67°53'27"W and a chord distance of 253.72 feet to a found 5/8 -inch rebar; 3. N89°27'54"W a distance of 98.19 feet to a found 5/8 -inch rebar; 4. N00'32'06"E a distance of 307.67 feet to a found 5/8 -inch rebar; 5. N89*27'52"W a distance of 66.90 feet to a found 5/8 -inch rebar; Thence leaving said subdivision boundary, N00016'11"E a distance of 586.11 feet to a found 5/8 -inch rebar; Thence S89°46'03"E a distance of 510.81 feet to the POINT OF BEGINNING. Said parcel contains 9.536 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. ACCESS AND PARKING EASEMENT - 9 EXHIBIT C (Easement Depiction) IV HILLSDALE PARK EY k%r F/El1161AN, Its SCHEMATIC ACCESS AND PARKING EASEMENT - 10 AGREEMENT FOR SCHOOL DISTRICT USE OF HILLSDALE PARK This AGREEMENT FOR SCHOOL DISTRICT USE OF HILLSDALE PARK (hereinafter "Agreement") is made this & day of '5U,/yle , 2017 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "CITY"), and West Ada School District, a school district organized under the laws of the State of Idaho (hereinafter "DISTRICT"). RECITALS: The respective governing bodies of DISTRICT, CITY, and other entities entered into a Memorandum of Understanding establishing a partnership at The Hill in 2016. ii. DISTRICT and CITY recognize that through collaboration and sharing of publicly -held facilities, they can more fully and effectively provide opportunities for diverse educational, recreational, athletic, and wellness programming than any of either can provide separately. iii. DISTRICT has built and currently operates Hillsdale Elementary School, located at 5225 S. Stockenham Avenue, in Meridian. iv. WHEREAS, CITY has entered into an Agreement to Transfer Real Property from the Treasure Valley YMCA ("YMCA") recorded as Instrument No. 2016-121434 on December 15, 2016, records of Ada County, Idaho (the "Transfer Agreement") V. WHEREAS, the Transfer Agreement provides for the future transfer to CITY of a portion of YMCA's Property for a public park ("Park Property") and which shall be owned and maintained by CITY upon such transfer. The Transfer Agreement further provides for the lease of the Park Property to CITY in the event that the transfer of the Park Property is delayed or denied; vi. The Park Property is subject to certain reversionary rights, interests and encumbrances as set forth in the Transfer Agreement which require the Park Property to be maintained in perpetuity as a public park. vii. CITY intends to construct and operate a public park, Hillsdale Park, on land adjacent to Hillsdale Elementary School, on land owned or leased by CITY which facility may include a playground, landscaped open space, a paved walking path, and turfed open playing fields (hereinafter, collectively, "PARK"). viii. DISTRICT desires to utilize some or all of the facilities at Hillsdale Park to provide recreational opportunities to the students at Hillsdale Elementary School. ix. CITY finds, pursuant to its authority under Idaho Code section 50-303, that the recreation needs of the residents of Meridian can be better served through shared use of the facilities at Hillsdale Park. AGREEMENT FOR USE OF HILLSDALE PARK BY HILLSDALE ELEMENTARY SCHOOL Page 1 of 6 X. In exchange for the opportunity to use CITY's facilities and/or grounds, DISTRICT desires to provide certain written assurances and indemnifications to CITY for claims and damage arising out of or occurring during and from such use as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, DISTRICT and CITY agree as follows: A. Obligations of CITY. 1. PARK Use. Based on the principles of the Hill partnership, CITY shall provide to DISTRICT non-exclusive use of PARK on the terms and conditions set forth in this Agreement, at no cost, at such time that the PARK construction has been completed and the PARK facilities are open to the general public. 2. Use Policies. CITY shall exercise best efforts to see that any and all use of PARK during school hours, where such use is scheduled or authorized by CITY, is in reasonable compliance with DISTRICT's policies regarding use of DISTRICT facilities. Under current Idaho Law, however, CITY does not have the ability to prohibit the carrying of firearms by the general public in the public park. 3. Maintenance. CITY shall be responsible for the routine mowing and irrigation of PARK pursuant to CITY's regular mowing and irrigation schedule. CITY shall also provide such other turf care and maintenance (i.e., fertilizing, weed control, etc.) to PARK equal to that which CITY provides to the grounds other City park facilities. CITY shall be responsible for maintenance and repair of playground equipment unless damaged by WASD's use. 4. Utilities. CITY shall pay for all utilities and services that are provided to PARK, including, but not limited to, electricity, potable water, sewage service, waste and refuse removal. 5. Determination of suitability. CITY shall be solely responsible for determining the suitability PARK and all facilities, amenities, and portions thereof. B. Obligations of DISTRICT. 1. Supervision. a. DISTRICT acknowledges that this Agreement allows only non-exclusive use and that during all operating hours, PARK is open to the general public. Accordingly, DISTRICT agrees to provide on-site supervision of any and all use of PARK by DISTRICT students, where such use is scheduled or authorized by DISTRICT. AGREEAJENT FOR USE OF HILLSDALE PARK BY HILLSDALE ELEMENTARY SCHOOL Page 2 of 6 b. DISTRICT shall exercise best efforts to see that any and all use of PARK, where such use is scheduled or authorized by DISTRICT, is in compliance with DISTRICT's policies regarding use of DISTRICT facilities. 2. Park Use, Maintenance and Repair. a. DISTRICT shall exercise best efforts to properly dispose of all trash and refuse generated from use of PARK. Such disposal may be made by use of CITY -provided trash receptacles where available. b. DISTRICT shall reimburse CITY for the costs related to repair and/or replacement of any and all improvements located on, and components of, PARK that are physically damaged (including, but not limited to, all damage from misuse and/or vandalism): (i) during or as a result of any use scheduled and/or authorized by DISTRICT; (ii) by person(s) who enter upon the PARK as a participant, guest, invitee, or observer, for any use scheduled and/or authorized by DISTRICT. C. Conflict Resolution. If either party believes that the other party is not fulfilling the performance obligations established by this Agreement, that party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. D. Hold Harmless and Indemnity. 1. Indemnification of City. District shall defend, indemnify and hold harmless the City, and City's officers, agents and employees, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by District of any part of the City's facilities and/or grounds (PARK) occasioned by any act or omission of District or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. 2. District to Maintain Insurance Coverage. District, at its own expense, shall keep and maintain in kill force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. a. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the City as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for AGREE l-IENT FOR USE OF HILLSDALE PARK BY HILLSDALE ELEMENTARY SCHOOL Page 3 of 6 bodily or personal injury, wrongful death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to District's first use of City's facilities and/or grounds, and at least annually thereafter for so long as District shall use any such facility and/or grounds, District shall furnish the City with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the City with thirty (30) days prior written notice of cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the District shall deliver a new certificate of insurance to the City indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the City arising out of District's use of the City's facilities and/or grounds. E. Notices. Communication between the DISTRICT Contact and the DISTRICT Contact regarding day-to- day matters (i.e., use, scheduling, and maintenance of PARK) shall occur via e-mail, facsimile, or telephone. All other 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, certified, return receipt requested, addressed as follows: CITY of Meridian Attn: Parks and Recreation Director 33 E. Idaho Avenue Meridian, Idaho 83642 West Ada School District Attn: Assistant Superintendent - Operations 1303 E. Central Drive 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. F. Compliance with Laws. In performing the scope of services required hereunder, DISTRICT and DISTRICT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. G. Attorney Fees. AGREEMENT FOR USE OF HILLSDALE PARK BY HILLSDALE ELEMENTARY SCHOOL Page 4 of 6 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. H. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire twenty (20) years from the Effective Date unless earlier terminated or extended in the manner as set forth in this Agreement. Upon expiration of this Agreement, the Agreement will automatically renew for additional twenty (20) year terms. I. Termination. City's agreement to continue its obligations under this Agreement shall be contingent on the City Council's appropriation of the funds necessary to operate and maintain the PARK. WASD's agreement to continue its obligations under this Agreement shall be contingent on its governing board's appropriation of the funds necessary to operate and maintain Hillsdale Elementary School. This Agreement may also be terminated by mutual agreement of the parties. J. 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. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. L. Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. M. 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. ACREEVENT FOR USE OF HILLSDALE PARK BY HILLSDALE ELEMENTARY SCHOOL Page 5 of 6 N. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. O. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both CITY and DISTRICT. 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. WEST ADA SCHOOL DISTRICT: By: s,)y - � 7 Dr. M Ann Ranells, Superintendent Date CITY Attest: C. ay Coles C ty Clerk / W 2917 Date AU G US7, 90a AGREEVENT FOR USE OF HILLSDALE PARK BYHILLSDALE ELEAlfENTARYSCHOOL Page 6 of 6 Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 12A PROJECT NUMBER: ITEM TITLE: PARAMOUNT DIRECTOR A. ORDINANCE NO. : AN ORDINANCE (H-2016-0104 - PARAMOUNT DIRECTOR) FOR THE RE -ZONE OF A PARCEL OF LAND BEING A PORTION OF THE NE'/4 OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM TN -C (TRADITIONAL NEIGHBORHOOD CENTER) AND C -C (COMMUNITY BUSINESS DISTRICT) to R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH TNF AnA rni INTY ACCFCSnR THF ADA (- ni INTY RF('.nRnFR ANF) THF InAHn UATF MEETING NOTES Dq"' APPROVEO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051916 BOISE IDAHO Pgs=6 LISA BATT 06/08/2017 12:51 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 0_ 11 W BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0104 — PARAMOUNT DIRECTOR) FOR THE RE -ZONE OF A PARCEL OF LAND BEING A PORTION OF THE NE 1/40F SECTION 25, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM TN -C (TRADITIONAL NEIGHBORHOOD CENTER) AND C -C (COMMUNITY BUSINESS DISTRICT) TO R-15 (MEDIUM- HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1, That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Brighton Investments/Land Holdings. SECTION 2. That the above-described real property is hereby re -zoned Rom the TN -C (Traditional Neighborhood Center) and C -C (Community Business District) to R-15(Medium-High Density Residential) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION S. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. REZONE ORDINANCE —PARAMOUNT DIRECTOR - RZ H-2016-0104 PAGE 1 OF 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit; the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in fill be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in fill force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of SyNt° , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day ofy1 , 2017. ATTEST; RE ZONE ORDINANCE - PARAMOUNT DIRECTOR - RZ H-2016-0104 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this (. M day of t YIP 2017, before me, the undersigned, a Notary Public in I (e,'tb and for said State, personally appeared and C,JAY COLES, known to in to be �! ,g�6 theme and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within �' instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, (SEALtt WA Y�''•. INSO 0A*r1j Wa*� Notary Public for Idaho Residing At: ` �t J My Commission Expires: 3 - Q'$ • a0 as RE ZONE ORDINANCE - PARAMOUNT DIRECTOR - RZ H-2016-0104 PAGE 3 OF 3 EXHIBIT A Exhibit C: Legal Description and Exhibit Map for Rezone W" 9233 WEST STATE STREET I 13015E, lD 83714 l 208.639.6939 ( FAX 208.639.6930 June 15, 2016 F'roject No.' IG -013 EXH 11311 A LEGAL DESCRIPTION FOR REZONETO R15 A parcel of la nd being a portion of the NE 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: commencing at a found brass cap marking the East 1/4 corner of said Section 25, which bears S00'25'09"W a distance of 2,66109 feet from a brass cap marking the Northeast corner of said Section 25, thence following the easterly rine of the said Northeast 1/4 of Section 25, NGW25'09"E a distance of 1,87957 feet tothe POINT OF BEGINNING. Thence leaving said easterly line, N89'34'S1"W a d€stance of 242.01 feet to a point; `thence 725.52 feet along the arc of a circular curve to the left, said curve having a radius of 500,00 feet, a delta angle o€08'18'38", a chord bearing of586'15'S0"W and a chord distance of 72,A6 feet to a point; Thence 72,52 feet along the arc of a reverse curve to the right, said curve having a radius of 500,00 feet, a delta angle of 08'1838", a chord bearing of S8ti15'50"W and a chord distance of 72,46 feet to a point; Thence N89°34'51"W a distance of 459,7Zfeet to a point; Thence 684.18 feet along the arc of a circular curve to the left, said curve having a radius of 1„538,50 feet, a delta angle of25'28'47", a chord bearing of 577'40'45"W and a chord distance of 678.55 feet to a point; Thence 70.11 feet along the arc of reverse curve to the right, said curve having a radius of 239,34 feet, a delta angle of 16°47'02", a chard bearing of 570"53'23"W and a chord distance of 69.86 feet to a point; Thence $79'16'52"W a distance of 34.97 feet to a point; Thence 49.75 feet along the arc of a reverse curve to the right, said curve having a radius of 252,72 feet, a delta angle of 11616'45", a chord bearing ofS84°44'57"W and a chord distance of 49,67 feetto a point; Thence N89°36'40"W a distance of 332.66 feet to a point on the easterly right-of-way line of N. Fox Rurr Way; Thence following said easterly right -of --way line the following courses: 1, N00°33'16"E a distance of 153.00 feetto a point; 2. 161.04 feet alongthearc of a circular curve to tate left, said curve having a radius of 206.54 feet, a delta angle oF44°40'57", a chord bearing of N2114711M and a chord distance of 156.99 feet to a point, 3. N44°07'45"W a distance of 71.76 feet to a point; Thence leaving said easterly right-of-way line, N45'S1'31"E a distance of 65.70 feetto a point; Thence 34.67 feet along the are of a circular curve to the right, said curve having a radius of 45,00 feet, a delta angle of 44°08'41", a chord bearing of N67'55'46"E and a chord distance of 33,82 feet to a point; Thence 590'00'00"E a distance of 93,50 feetto a point; Thence 54,98 feet along the arc of a circular curve to the left, said curve having a radius of 35.00 feet, a delta angle of 90'00'21", a chord bearing of N45'00'00"E and a chord distance of 49.50 feet to a point; Thence N00'00'00"E a distance of 111.67 feet to a point; Thence 35,02 feet along the arc of circular curve to the right, said Curve having a radius of 43,00 feet, a delta angle a,'-46'39'45", a chord hearing of N23°19'51"E and a chord distance of 34.06 feet to a point; Thence N46'3941"E a distance of 43.95 feet to a point; ENGINEERS I SURVEYORS I PLANNERS w%vw.krnengllp.com Paramount Director MDA, PP, RZ H-2016-0104 EXHIBIT A Thence 46.42 feet along the are of circular curve to the left, said curve having a radius of 57.00 feet, a delta angle of 46°39'48", a chord bearing of N23'19'51"E and a chord distance of 45.15 feet to a point; Thence N00'00'00"E a distance of 316.10 feet to a point on the northerly line of said Northeast 1/4 of Section 25; Thence following said northerly line, 589°37'01"E a distance of 1.,833.33 feetto a found brass cap rnarking the Northeast corner of said Section 25; Thence leavingsaid northerly line and following the easterly lime of said Northeast 114, 500'25'09"Wa distance of 781..52 feet to -the POINTOF BEGINNING. Said parcel contains 37.312 acres, more orless, and is subject to all existing easements and/or rights-of-way of record or Implied. Attached is EXHIBIT B and by this reference made a part of. Paramount Director MDA, PP, RZ H-2016-0104 to • I�'.�t,to Imo.: Iit , NORTH 1/4 CORNER NORTHEAST CORNER SECTION 25 W. Chinden Blvd. SECTION 25 589'37'01 "F 2669.35' R/W o P � C7 � uNPLATTEo Tata( Rezone; 37,312± C9 6 APN: 50425110300 (PORTION). 50425110150, ui L4 50425110445 & 50425120760 CURRCNT 20NIM O --C & TN --C NDa'00'00"E PROPOSED ZONING. R15 oz L3 111.$7' log m C -N. Tax Run Way W. Director 5t. POINT OF I- BEGINNING C. NOO.33'1 63'E 579'18'52'1V µ/Or 153.tl0' 34.37' . -11 �R/w N89`38'4D"1V I RTWPARAMOUNT SUBDIVISION LEGEND BRASS CAS' ALUMINUM CAP CALCULXrEO POINT �---� •+-++REZONE BOUNDARY -- - -- - SECTION LINE - Rlw - RIGHT-OF-WAY UNE N89'34'Fri"Yr 4_5,9,,72' �0-22 NtI5J'3a-s1 vr. _t R/w---��k/sY-01--2.2.01' u POINT OF COMMENCEMENT BAST 1 secT1OTaN 15 z5 CAM ua4-m1a PROJECT: 16013 SHEET, IOFB. O$ CURVETABLE $4.98' 90'00'21" CURVE RADIOS LENGTH DELTA CHORD DRG CHORD C1 500.00' 72.52' 8'18'38" S86415'50"W 72.46' C2 500.00' 72.52' 8'1$'38" S86'15'5D"W 72.45' C3 1538.50' 684.18' 25'28'47" 577'40'45"W 676.55' C4 239-34' 70.11' 16'47'02" S70'53'23"W 69.86' C5 252.72' 49.75' 11'1845" 58444'571W 49.67' G6 205,50' 161.04' 44'40'57' N2V47'15'W 156.99' 07 45.00' 34.67' 44'08'41" N67`55'46"E 33.82' CAM ua4-m1a PROJECT: 16013 SHEET, IOFB. O$ 35.00' $4.98' 90'00'21" N46OO'00"F 49.50' N+44'07'45'Vi C9 43.00' 35.02' 46'33'45" N23'19'51"E 34.06' N C10 57.00' 46.42' 4639'48' N23'19'51'E 45.15' CAM ua4-m1a PROJECT: 16013 SHEET, IOFB. EXH[BIT B - REZONE TO R15 BRIGHTON INVESTMENTS, LLC. A PORTION OF THE NORTHEAST 1/4, SECTION 25, T.4N., RAW., B.M., CITY OF MERIDIAN, ADA COUNTY, ID Paramount Director MDA, PP, RZ H-2016-0104 LINETAKE UNE 9 LENGTH DIREMON Lt 71.76 N+44'07'45'Vi L2 65.7.0 NW51'31"E L3 93.50 N9D'OO'00"E L4 43.99 N4639'41"I= EXH[BIT B - REZONE TO R15 BRIGHTON INVESTMENTS, LLC. A PORTION OF THE NORTHEAST 1/4, SECTION 25, T.4N., RAW., B.M., CITY OF MERIDIAN, ADA COUNTY, ID Paramount Director MDA, PP, RZ H-2016-0104 Meridian City Council Meeting DATE: May 2,2017 ITEM NUMBER: 12B PROJECT NUMBER: ITEM TITLE: Maverik /7— / 73?- Amenaea onto agenaa: Uralnance NO.: AN UKUINAM-t (H -1U 1 6-UU1/ MAVtKIr\) f UK ANNEXATION FOR PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C -C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES QF THIS C)RDINAW-'F .CHAI I RF FII FF) WITH THF Ar)A mi INTY ACCF- C.mp THF AI)A MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-051914 BOISE IDAHO Pgs=5 LISA BATT 06/08/2017 12:50 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO, BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (11-20160027 MAVERII-) FOR ANNEXATION FOR PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY -OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C -C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate -limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation.and re -zoning bythe owner of said property, to -wit. Russel S. Barger, SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -C (Community Business District) in, the Meri SECTION 6, All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in Rill force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manlier, including. the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit; the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission ofthe State of Idaho, SECTION 9, That pursuant to the affirmative vote of one-half (1l2) phis one (1) of the Members, of the full Council, tberule requiring two (2) separate readings by title and one (1) reading in full bo; and the salve is hereby, dispensed with,.and accordingly, this Ordinance shall be in full force .and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this CO day of S ()Ae , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of SUNG )2017. ATTEST: <5V-11 au 1111? G city of C.AY COLES, CITY CLE RK,� �L71 H 1'y ..�� 4� ~ 9f 1�3$i ANNEXATION — MAVERIK W 2016-0027) Page 2 of 3 STATE OF IDAHO, ) County of Ada ) On this �dayof�LAnP, , 2017, before me, the undersigned, a Notary Public/ relI il, in and for said State, personally appeared- A -A *'—E.� -rm-and C.JAY COLES, known to [3'a P4+� - me to be the Brand City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within Instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, ���rrrr•• (S' , �z • •� a •• •• STATE Off•• •••••rrrr•rr• — (�]a && L� (Pb NOTARY PUBLIC FOR IDAWO RESIDING AT, MY COMMISSION EXPIRES: •a2 ' a0 2 - ANNEXATION — MAVERIK CH 2016-0027) Page 3 of 3 Legal Description 4&Reeve & Associates, I11c. 02-1816 Exhibit A MERIDIAN, IDAHO LEGAL DESCRIPTION PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, DESCRMED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE, SAID POINTBEING N89°53'54" W ALONG THE SECTION LINE, 80.82 FEET AND S00006'06"W 28.92 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE S46° 17'39"E 45,48 FEET TO THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD; THENCE DUE SOUTH ALONG SAID WESTERLY RIGHT OF WAY LINE, 678.05 FEET TO THE NORTH LINE OF KEZtAH SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COURSES: (1) N37°48'00"W 304.99 FEET; (2) N55°47'00"W 117.23 FEET; AND (3) S84°25'50"W 48.86 FEET; THENCE N00°00' 15"E 326.80 FEET; THENCE N21'56'21 "E 86.88 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE; THENCE S89°58'54"E ALONG SAID SOUT'HE'RLY RIGHT OF WAY LINE, 267.13 FEEET" IO THE POINT OF BEGINNING. CONTAINING 170,190 SQUARE FEET OR 3.907 ACRES Maverik— AZ H-2016-0027 Maverik — AZ H-2016-0027 EXHIBIT EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION MKOTION ARCA MERIDIAN, IDAHO FNAYEW AVENUE NOW53'54;R >�P`b2' t DRTNEtiST CORNER [4 - SECTM 7, TGWNSHIf 3 WORTH, RANGE 1 EAST, 267,13' - I a`4m 28,82° I 54917"39`E 45.4' 1 I I a I I 974,'19p s.F. I n 3.907 AM—ES ( SCALE 1"=100' b b I I o ! Almdalm, Inc, 4o, m avmmI4. N, U1i%. Ilk G`AI� 641=310 FA ('0{ 91-a2w 58i5#'z5'5Q' 40.66' rp£ I I Mavulk, Inc. Mor%dlan, Idaho I I,r1=: ti2=16-13 I f'F�CO,&Ct i�tR 6?�=32�7 C,AI] DWG FI6G; - DRAWN BY: WA i�lEGKE$ �Y; C� Maverik — AZ H-2016-0027 Meridian City Council Meeting DATE: June 6, 2017 ITEM TITLE: Future Meeting Topics ITEM NUMBER: PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 6, 2017 ITEM NUMBER: 14 PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho Code section 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, or controversies not yet being litigated but imminently likely to be litigated. 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