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2017-08-15Meridian City Council Meeting Agenda Wednesday, August 15, 2017 – Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 15, 2017 at 6:00 PM 6:03PM 1. Roll-Call Attendance O Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. 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 discussio n or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Consent Agenda Approved A. Approve Minutes of June 20, 2017 City Council Budget Workshop B. Approve Minutes of June 27, 2017 City Council Special Meeting C. Knighthill Center Subdivision No. 2 Water Main Easement, Lot 6, Block 1 D. Whiteacre #3 Sanitary Sewer Easement E. Resolution No. 17-2023: A Resolution Amending City of Meridian Standard Operating Policy 3.5 - Travel and Expense Reimbursement CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Wednesday, August 15, 2017 – Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. F. Final Plat for Geddes Subdivision (H-2017-0101) by Schultz Development Located Southeast of the W. Ustick Road and N. Black Cat Road Intersection G. Development Agreement for Silverstone Apartments (H-2017-0060) with William P. Bienapfl, Jr. (owner) and, DevCo, LLC (Developer) located at 4225 E. Overland Road, in the NE 1/4 of Section 21, Township 3N., Range 1E H. Professional Services Agreement with Allison Aldape, for Emily Aldape (a minor), for Traffic Box Community Art Project for an amount Not to Exceed $300 I. Professional Services Agreement with Tarey Potter for Traffic Box Community Art Project for an amount Not to Exceed $300 J. Approval of Award of Bid and Agreement to STEVENS & SONS WELL DRILLING, INC. for the STOREY PARK WELL project for a Not-To-Exceed amount of $59,550. K. Approval of Sole Source purchase to TC Sales & Services for “Vaughan Pump” Purchases. Council has previously awarded a sole source for these pumps. The manufacturer has moved its distribution to a new vendor L. Approval of Change Order 3 to JC CONSTRUCTORS for the “WRRF LIQUID STREAM CAPACITY EXPANSION” project for a Not-To-Exceed amount of $94,514.57. The new contract total of $35,555,582.76 is (-$9,417.24) below the original contract value due to the 2 previous deductive change orders. Therefore no additional funds are required. M. AP Invoices for Payment - $1,876,447.43 7. Items Moved From the Consent Agenda None 8. Community Items/Presentations A. Annual Rate Adjustment for Solid Waste Collection Services as Presented to the Meridian Solid Waste Advisory Commission on July 26, 2017 Approved B. Request for Reconsideration of the Decision for 1035 E. Fairview Approved 9. Action Items Meridian City Council Meeting Agenda Wednesday, August 15, 2017 – Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 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 July 25, 2017 for Blackstone Subdivision No. 2 (H-2017-0091) by Blackstone Commons, LLC Located 4700 W. Aspen Creek Street Approved 1. Request: Short Plat Approval for Three (3) Residential Lots on Approximately 0.592 Acres in the R-8 Zoning District B. Public Hearing Continued from July 5, 2017 for Burlingame Subdivision (H- 2017-0055) by Mason & Stanfield, Inc. Located Near Northeast Corner of W. Cherry Lane and N. Black Cat Road Approved 1. Request: Preliminary Plat Approval Consisting of Sixty (60) Single Family Residential Lots and Seven (7) Common Lots on Approximately 18.99 Acres in the R-4 Zoning District 2. Modify the Recorded Development Agreement (Instr. #106151230) for the Purpose of Updating Certain Sections of the DA to Reflect the Design Changes C. Public Hearing for Summerwood Subdivision (H-2017-0083) by WHPacific Inc., Located 4052 and 4202 W. Daphne Street Approved 1. Request: Preliminary Plat Approval Consisting of Twenty-Six (26) Building Lots and Five (5) Common Lots on 9.98 Acres of Land in an R -4 Zoning District D. Public Hearing for Summerwood Subdivision (H-2017-0084) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Approved Meridian City Council Meeting Agenda Wednesday, August 15, 2017 – Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Amend the Recorded Development Agreement (DA) (Instrument #106034786, Amended as Instrument No. 11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision and to Modify the Boundary of the Development Agreement E. Public Hearing for Sky Mesa (H-2017-0068) by Sky Mesa Development, LLC Located 5899 S. Eagle Road Continued to August 22, 2017 1. Request: Annexation and Zoning of a Total of 54.01 Acres of Land from the RUT Zoning District in Ada County to the R-4 (Medium Low-Density Residential) (26.57 Acres) and R-8 (Medium-Density Residential) (27.44 Acres) Zoning districts in the City 2. Request: Rezone of 38.87 Acres of Land from the R-2 (Low-Density Residential) to the R-4 (Medium Low-Density Residential) Zoning District 3. Request: Rezone of 6.26 Acres of Land from the R-2 (Low-Density Residential) to the R-8 (Medium-Density Residential) Zoning District 4. Request: Rezone of 0.88 of an Acre of Land from the R-4 (Medium Low- Density Residential) to the R-8 (Medium-Density Residential) Zoning District 5. Request: Preliminary Plat Approval Consisting of 278 Single-Family Residential Building Lots and 31 Common Lots on 98.35 Acres of Land in the R-4 and R-8 Zoning District F. Public Hearing for Kingsbridge North Subdivision (H-2017-0065) by Jarron Langston Located 3475 E. Falcon Drive Approved 1. Request: Annexation and Zoning of 5.07 Acres of Land with an R -4 (Medium Low-Density Residential) Zoning District; 2. Request: Preliminary Plat Approval Consisting of Ten (10) Residential Building Lots and Two (2) Common Area Lots on 5.05 Acres of Land in a Proposed R-4 Zoning District G. Public Hearing for Preece Business Condominiums (H-2017-0099) by Cameron Preece Located 3061 S. Meridian Road Approved 1. Request: Short Plat Approval to Condominiumize an Existing Structure into Two (2) Units in an L-O Zoning District H. Public Hearing for Intermountain Gas Map Amendment (H-2017-0089) by City of Meridian Planning Division Approved Meridian City Council Meeting Agenda Wednesday, August 15, 2017 – Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Comprehensive Plan Map Amendment to Change the Future Land Use Map Designation from Low Density Residential (LDR) to Industrial (IND) on Approximately Sixty (60) Acres of Land for the Purpose of Updating the Map to Reflect the Intermountain Gas LNG Storage Plant 10. Ordinances A. Ordinance No. 17-1743: An Ordinance (Silverstone Apartments) - H-2016- 0060 Granting Annexation and Zoning for a parcel of land located in the NW ¼ of the NE ¼ of Section 21, Township 3 North, Range 1 East, Boise, 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-G (General Retail and Service Commercial 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 for An Effective Date. Approved 11. Future Meeting Topics Adjourned at 11:11pm Meridian City Council August 15, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 5, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke Cavener and Genesis Milam. Members Absent: Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Kyle Radek, Caleb Hood, Officer Caldwell, Joe Bonjiorno, Jaycee Holman, Sonya Allen, Josh Beach, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ___ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Thank you all for being here tonight. We appreciate you joining us. For the record it is Tuesday, August 15th. It's a few minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all arise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our community invocation. Tonight we will be led in our community invocation by Pastor Troy Drake with Calvary Chapel. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Drake: Madam Mayor, Council Members, let's pray. Lord God in Heaven, just as I was reading the agenda I was reminded that your word says that to do -- let all things be done decently and in order and, Lord, you created all things in order. Our bodies. The solar system. Even the weather patterns and we are so grateful that you are not the author of confusion, but of peace. And, Lord, we are just praying for our nation, that we would have peace in this country, that they would Meridian City Council August 15, 2017 Page 2 of 100 turn their hearts towards you and all the hatred and violence would cease, God, and we would be a nation of peace. And, Lord, we are also praying for our city here tonight and that it would be peaceful and we especially think of those who keep the peace, like the police officers, and that you would protect them, God. And, lastly, but not least, Lord, we pray for our elected officials here, this Council and the Mayor, and that you would give them wisdom and much grace as they served this community and that they would make good decisions that are in the best interest of our city and that you would just help them with much wisdom. So, we thank you so much ahead of time for what you're going to do and it's in Jesus' name we pray, amen. Thanks. Item 4: Adoption of the Agenda De Weerd: Thank you, Troy. Okay. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: On the Consent Agenda, Item 6-E is proposed resolution number 17-2023 and on Item 10-A, the proposed ordinance is 17-1743. And with those additions I would move that we adopt the agenda as published. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Under Item 5, Future Meeting Topics, Mr. Clerk. Coles: Thank you, Madam Mayor. We had one individual sign up, Ken Marshall, who wishes to speak about a zoning change in Bridgetower West. Mr. Marshall, as a reminder you're allowed up to three minutes and may speak generally about the topic. De Weerd: Thank you. Is Mr. Marshall here? Oh, well, very good. Thank you. Item 6: Consent Agenda A. Approve Minutes of June 20, 2017 City Council Budget Workshop Meridian City Council August 15, 2017 Page 3 of 100 B. Approve Minutes of June 27, 2017 City Council Special Meeting C. Knighthill Center Subdivision No. 2 Water Main Easement, Lot 6, Block 1 D. Whiteacre #3 Sanitary Sewer Easement E. Resolution No. 17-2023: A Resolution Amending City of Meridian Standard Operating Policy 3.5 - Travel and Expense Reimbursement F. Final Plat for Geddes Subdivision (H-2017-0101) by Schultz Development Located Southeast of the W. Ustick Road and N. Black Cat Road Intersection G. Development Agreement for Silverstone Apartments (H- 2017-0060) with William P. Bienapfl, Jr. (owner) and, DevCo, LLC (Developer) located at 4225 E. Overland Road, in the NE 1/4 of Section 21, Township 3N., Range 1E H. Professional Services Agreement with Allison Aldape, for Emily Aldape (a minor), for Traffic Box Community Art Project for an amount Not to Exceed $300 I. Professional Services Agreement with Tarey Potter for Traffic Box Community Art Project for an amount Not to Exceed $300 J. Approval of Award of Bid and Agreement to STEV ENS & SONS WELL DRILLING, INC. for the STOREY PARK WELL project for a Not-To-Exceed amount of $59,550. K. Approval of Sole Source purchase to TC Sales & Services for “Vaughan Pump” Purchases. Council has previously awarded a sole source for these pumps. The manufacturer has moved its distribution to a new vendor L. Approval of Change Order 3 to JC CONSTRUCTORS for the “WRRF LIQUID STREAM CAPACITY EXPANSION” project for a Not-To-Exceed amount of $94,514.57. The new contract total of $35,555,582.76 is (-$9,417.24) below the original contract value due to the 2 previous Meridian City Council August 15, 2017 Page 4 of 100 deductive change orders. Therefore no additional funds are required. M. AP Invoices for Payment - $1,876,447.43 De Weerd: Okay. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As stated previously, Item 6-E is Resolution 17-2023 and with that inclusion I would move that we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a secon d approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Annual Rate Adjustment for Solid Waste Collection Services as Presented to the Meridian Solid Waste Advisory Commission on July 26, 2017 De Weerd: So, we will move to Item 8 -A under community presentations for a discussion on annual rate adjustment. Remling: Good evening, Madam Mayor and Commissioners. Rodney Remlin g with Republic Services. Controller. Thank you for taking the time to hear our request for a price increase. This is our annual price increase with one rate adjustment, which we will talk about in a minute -- or a new rate. The annual rate adjustment is a request for 2.26 percent. That's 90 percent of the CPI at 2.51 percent and that's a 29 cent change for residential customers and, then, the one Meridian City Council August 15, 2017 Page 5 of 100 new rate we have relates to commercial customers, so with the growing economy and additional business that our commercial customers are receiving -- some of our customers are overfilling their containers, creating issues with service and also cleanliness of the city and so we are requesting a rate for additional yards. We do pay for that disposal and this is a recovery of an actual cost. We do have the ability to take pictures and, then, show those to the customer should the customer question those charges. So, that's the one rate change that we have or a new rate. The -- we are seeing an increase in prices -- in our cost that is in -- primarily in maintenance costs in tires and parts, which are running about four and a half to five percent over the course of the year and we do have labor increases of about two percent, costs exceeding our CPI request. So, respectfully request approval. De Weerd: Thank you, Rodney. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve the annual rate adjustment for solid waste collection services as presented by the Solid Waste Advisory Commission on July 26. Cavener: Second. De Weerd: Okay. I have a motion and a second. Any discussion from Council? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Just a comment. I know that we have a long meeting tonight, but I just wanted to -- to thank Republic. I think from time to time I have been quick to criticize the operation and I have been hearing from many of my constituents the level of service has really increased in the Meridian area. I just wanted to thank you for doing that. I think there has been a lot of changes to our waste collection for all of our long-standing residents and your level of service is making it a lot easier for them to -- to come along. So, thank you. Remling: Why thank you, Commissioner. De Weerd: Okay. Anything further? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: Okay. All ayes. Thank you, Rodney. Meridian City Council August 15, 2017 Page 6 of 100 MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Request for Reconsideration of the Decision for 1035 E. Fairview De Weerd: Okay. Item 8-B is a request for consideration. This was brought forth in front of Council here by Council Member Milam for the decision made regarding 1035 East Fairview. As you recall, this was a parcel that is currently in the county that's surrounded by city properties and had wanted to hook up to sewer and there were some -- I guess complications with some of th e nonconforming uses. Do I want to turn this over to Mr. Nary or Mrs. Milam? Nary: Madam Mayor, if you don't mind, I could at least explain the process. De Weerd: Okay. Nary: Especially for the public in the audience. So, the Council a few weeks ago voted unanimously to direct the city attorney's office and the property owner to enter -- to bring back an agreement that would allow the property to be hooked to city sewer services now, with a requirement to, then, request annexation in the future and the decision of the Council at the time was that the -- one of those conditions to that contract would be the annexation to the city in the future would have some terminus date for the existing billboard that is on the property. The preference was ten years, but it wasn't -- it wasn't required in the motion that it be ten years, but that a terminus date of some sort be brought forth. We haven't had any discussion, because subsequent to that the -- it was brought to our attention that maybe a reconsideration would be appropriate to discuss it further. To do that, then, as you have had a few of these before you recently, you need a motion from somebody on the prevailing side. That particular motion was approved five zero and it was, actually, the same five Council Members that are here tonight. So, it was approved five zero, so anybody up -- any of the Council Members may make the motion to reconsider. It requires a second. It requires an affirmative vote of at least three of you to reconsider it and discuss it again and, then, a new motion can be made from that point. So, that's sort of where you're at and whether or not to reconsider your prior decision and you need to do that by motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Nary, if a reconsideration motion passes, is it, then, set at a future date for a discussion next week -- Nary: Madam Mayor, Members of the Council, Council Member Borton, because this is not a land use item requiring notice, this is a contractual item, so you could Meridian City Council August 15, 2017 Page 7 of 100 have approved it that night to bring it forward with or without an agreement, so you could actually discuss it and, then, bring a new motion to whatever action or direction you wish to take tonight. Unless you -- the three -- at least three of you want to set it at a future date you can. But I think the property owner is here, their counsel is here, the potential tenant I think is here, but that's your -- your decision. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would like to request reconsideration -- is there a number on there? Of the decision that we previously made for 1035 East Fairview. Borton: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: So, at this point I guess some basis for the reason for -- to reconsider the decision made. Nary: Yes. So, Madam Mayor, Members of the Council, so now -- the prior decision at this point -- it still stands, but you have the ability to now change it, give new direction by motion. That's really where you're at, so -- Milam: Madam Mayor? De W eerd: Mrs. Milam. Milam: The reason that I asked for reconsideration of this particular item is after our hearing I was able to speak with the applicant and realized that they have no intentions of ever removing that billboard and so in thinking about it, I -- in my personal opinion I think that it's in the best interest of the city to annex that property now, regardless of the billboard, because it's going to be there anyway, and at least if it's annexed the part of the city we have code enforcement, we get taxes from them and maybe there -- but we might be able to put some other stipulations, like if the property is sold to a different owner that it comes down or something like that. Also I thought that -- and I haven't had a chance -- an opportunity to speak with the applicant, but if they would be willing to offer the city some occasional use of the billboard to promote citywide events, such as Coffee With The Mayor or town Meridian City Council August 15, 2017 Page 8 of 100 halls or something that would be of benefit to the city as a whole, I think that would be a consideration back from them in gratitude for allowing them to do it. De Weerd: Is the representative for 1035 East Fairview here? Clark: Good evening, Council. Hethe Clark. 251 East Front Street. Representing the applicant. De Weerd: Thank you for joining us this evening. I -- I guess you heard some of the thought process behind why this is wanted reconsideration and to get kind of the perspective from the owners on what their thoughts are on this as well. Clark: Sure thing. Thank you, Madam Mayor. The thoughts that we have are -- we very much appreciate the additional thought that's gone into this and the -- the appreciation by the Council of the position that the applicant is in where the billboard is really the primary use of the property. We are more than happy to work with the -- the Council on the items that have been identified and I would just point out that we -- we have also been, you know, working on the things that we felt were within our control at this point and so we have submitted a landscape plan to Mr. Hood to begin reviewing prior to -- you know, with the hope that this would be the -- the place where we might be able to arrive, so that we could get something that the city can be proud of. De Weerd: Any questions for the representative? Borton: Yeah. Madam Mayor? De Weerd: Yes. Borton: Hethe, there was reference to a couple of considerations. One was the billboard, but the other was an annexation application coming within 60 days I think. Was that portion of the proposal acceptable? Clark: Madam Mayor, Councilman Borton, the -- the one thing that we would be looking at on that annexation piece would just be timing. As I mentioned at our prior meeting, one of the things we were looking at was being able to get this underway as quickly as possible and because it is a permitt ed use in the county we would like to get that in and applied for. So, the 60 days should be more than adequate, because it should be an administrative approval. I would just suggest that if we go with something along the lines of 60 days that perhaps there might be an extension in the event that it's held up at the county for any reason. But I don't expect that that would be the case. Borton: Okay. So -- Madam Mayor? The application to the city would -- you would expect to be applied within 60 days, if everything goes smooth? Meridian City Council August 15, 2017 Page 9 of 100 Clerk: Correct. Borton: Okay. De Weerd: So, I guess my -- my question would be would you be willing to enter into an agreement specifying the intent of applying for annexation, looking at bringing it up to city standards, and I think that Council Member Milam had a really unique idea in -- if a nonconforming use -- the billboard is a nonconforming use, but if we can -- I know your -- your clients the owners have indicated they want to be community partners. If there was an opportunity to have some kind of community benefit to it, to -- to communicate community events at -- I guess you would have to be able to set parameters to that, but, you know, is that something that you and your clients would be interested in contemplating? Clerk: Madam Mayor, absolutely. De Weerd: Any questions for Hethe? Okay. Clark: Thank you. De Weerd: Thank you. So, Mr. Nary, I assume the next steps would be a motion from Council with direction on how to approach this and what they would like in an agreement -- Nary: Yes. De Weerd: -- and that would trigger a letter to the county saying we had no opposition to move forward on this? Nary: Yes -- sorry. Yes, ma'am, all of those points. That's what we would need. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, we are looking for a motion -- a replacement motion from the last one to do something different or are we extending off of the other -- we are changing it, we are just starting fresh? De Weerd: You could make a whole new motion that would be considered by Council that would outline some of the things that you mentioned in your -- your remarks for reconsideration. They would like to see an application within the 60 day period, allowing some flexibility that we would not oppose their applicat ion to the county; that you would have permission to hook up to sewer with the -- I think Meridian City Council August 15, 2017 Page 10 of 100 they need immediate hook up, but that certainly triggers the intent that they need to apply for annexation, that they would need to conform to city code and that some note about the community postings. Milam: That's a lot. De Weerd: Well, that's what I heard you say. So, I was just offering you suggestions. But you can make whatever motion you want. Milam: Madam Mayor, I guess there wasn't -- there was one other remark that I made that -- I guess we probably should check with the applicant about and -- which is that the billboard can stay up as long as the property remains in this property owner's name. That if the property is sold -- shaking his head no. De Weerd: Hethe, do you want to -- the shaking a head or nodding a head does not show up on the public record. Clark: Understood. Thank you, Madam Mayor and -- I spoke with the -- the applicant and that would, unfortunately, be something that we could not agree to at this point. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I could ask a question. On the -- the use of the sign for a citywide benefit, I don't know -- Mr. Clark and I have worked together on a number of things. I think it would be okay, but I know they would like to move quickly and sometimes those details on how, when, how often and stuff can sometimes be a little more time consuming, so would the Council be comfortable if we can't get to those specific details in a fairly quick fashion, that we at least contemplate in the agreement that we will have a new agreement with those types of details on the general direction that you have given today and, then, the more -- a more specific agreement could follow. Would that be satisfactory if we can't get there? Milam: Yeah. Now how to put that into a motion. Nary: Well, I think if you wanted to say based on what the Mayor said and what I just said and that's your motion, I could figure it out. Milam: So Madam Mayor? De Weerd: Mrs. Milam. Milam: I would like to combine what you just said and what Mr. Nary just said and make a motion on that. Yeah. Meridian City Council August 15, 2017 Page 11 of 100 Palmer: Second? Bird: Make a motion. De Weerd: Does everyone understand the motion -- Bird: No. De Weerd: -- that you will -- Milam: Okay. I will try. Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve immediate sewer hookup, with the understanding that the applicant will apply for annexation within 60 da ys, as long as there is not a hold up at the county level and -- and the applicant will allow the city to advertise community events on their billboard at an agreement that we will come to at a later date possibly. What else was there? And it will conform to city code. De Weerd: Yes. Milam: Is there more? Nary: No. That's it. Palmer: Second. De Weerd: Okay. Any discussion from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just briefly. I appreciate the work between staff and the applicant and I appreciate what we are trying to accomplish here. I just -- I often speak about the precedent and I worry that we set by kind of piecemealing an application like this, is it may be contingent on the city receiving some type of a benefit on signage and may be contingent on things going smoothly with the county. So, I appreciate the hard work that everyone put into this is, it just isn't a particular piece that I am in favor of. Hood: Madam Mayor? De Weerd: Yes, Caleb. Meridian City Council August 15, 2017 Page 12 of 100 Hood: One comment. So, I prepared a memo on the 25th of July before your original motion and action and just to clarify, it said comply with city code and the applicant mentioned that they shared a preliminary landscape plan with me. It did show cross-access, but that was one of the explicit items that I had in my memo, so if that's part of the intent of the motion or maybe just some clarification from the motion maker and the second if that's a part of what you would like to see is compliance with city code, just, again, I'd like to have you address that anyway, so we are clear either that's part of the deal or not, so -- thank you. Nary: And Madam Mayor? De Weerd: Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. While you're contemplating that, I just want to be clear. The immediacy of hookup is upon a signed agreement. I didn't want to leave the impression that immediacy meant tomorrow. Milam: You should make the motion. Nary: I assume -- I assume Council Member Milam meant upon a signed agreement, but I just wanted to make sure that was on the record. Milam: Yes. De Weerd: Second agrees? Palmer: Madam Mayor, as long as the -- does that mean the signed agreement, but not the signed agreement with relation to how it may benefit the city or the community later; right? Nary: Yes. Councilman Palmer, yes. I think if the detail needs to be worked out on that, but we have language in the contract contemplating that, I think the Council said they were comfortable with that, it would just be in the first signed agreement. Milam: Madam Mayor? As well as the cross-access agreement that was originally brought forth by staff. De Weerd: The city code and -- Milam: The city code. De Weerd: -- the landscaping, access, and -- yeah. Anything further? Milam: I hope not. Meridian City Council August 15, 2017 Page 13 of 100 De Weerd: Mr. Clerk, will you call roll. Roll call: Bird, nay; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, absent. De Weerd: Okay. The motion carried. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Item 9: Action Items A. Public Hearing Continued from July 25, 2017 for Blackstone Subdivision No. 2 (H-2017-0091) by Blackstone Commons, LLC Located 4700 W. Aspen Creek Street 1. Request: Short Plat Approval for Three (3) Residential Lots on Approximately 0.592 Acres in the R-8 Zoning District De Weerd: Okay. Under 9-A is a public hearing continued from July 25th on H- 2017-0091. I will open this public hearing with staff comments. Beach: Thank you, Madam Mayor, Members of the Council. As you mentioned, this is an application that was continued from the 25th of July called Blackstone Subdivision No. 2. It is for a short plat. The site is located at 4700 West Aspen Creek Street, which is currently zoned R-8. It is on the southeast corner of Black Cat and Cherry Lane. A little history. In 2001 the subject site was platted as Lot 5, Block 1, of the Blackstone Subdivision. In 2007 the property was approved for a rezone and a preliminary/final plat combination, which subsequently died. The Comprehensive Plan future land use map is a medium density residential. The proposed short plat depicts three residential lots on approximately 0.592 acres of land in an R-8 zoning district. The property currently consists of one parcel of land and all three lots in the proposed subdivision comply with the dimensional standards in the UDC. The property has frontage on West Aspen Creek Drive, which is considered a local street. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in the UDC and it is in substantial compliance with the -- the section of code. Staff is recommending approval with conditions and did not receive any -- or there are no issues that we foresee for Council, nor did we receive any written comment on the application. I will stand for any -- any comments or questions on the application. De Weerd: Council, any questions? Bird: Not at this time. Meridian City Council August 15, 2017 Page 14 of 100 De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Riley: Yes, ma'am. Penelope Riley. Post Office Box 405, Boise, Idaho. 83701. De Weerd: Thank you. Riley: It looks like you have a busy evening, so I will be brief. The reason we continued the application on the 25th and requested that was so that the p roject team could work with staff on the conditions of approval regarding sewer and water service and the front setback for Lot 3 and we have resolved those items with staff. So, based on the staff report conditions of approval, we would request the follo wing changes: Item 1-A on page six, we would ask that you modify the condition and replace -- shall be located in a common lot for the subdivision -- with shall be located in a shared easement for the subdivision. Under the general requirements on page six, also item one, there is a requirement for to and through water and sewer service. Based on an e-mail from the project engineer, these main extensions are no longer being required by staff, so if you would, please, modify the condition to adjust the requirement for sewer and water services. This change would also impact item six, item seven and item 19. Since there are no water or sewer infrastructure being constructed with the subdivision, we believe these conditions would no longer be relevant to the application. The applicant and the project team have reviewed the staff report and other than the requested modifications of conditions we concur with the findings and conditions of approval. The revised landscape plan with the additional landscape buffer will be submitted to the city and a cross-access easement with the parcel to the south will be recorded. With that I would be happy to answer any questions you have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Riley: Thank you. De Weerd: This is a public hearing. Is there anyone that signed up? Okay. Is there anyone who wishes to provide comment on this item? Thank you. Council, hearing no further comment from staff or the applicant, do you have further questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council August 15, 2017 Page 15 of 100 Palmer: As to the requested change, does staff have any comment or concern as to the edits on those conditions of approval? Beach: I will speak to the easement. We -- I don't have a problem with that. And our discussion with the applicant was their plan is -- I believe is to bring -- some homes to the site, rather than construct the site, so it makes more sense for them to have an easement versus a common lot for se tback reasons. Staff doesn't actually have a concern with that and as far as an easement goes, I'm not sure if -- in discussion with Bruce Freckleton I think what they have discussed there will work, but I'm not sure my counterpart down here has any othe r comments. De Weerd: Public Works has no further comment? Radek: No, ma'am. De Weerd: We couldn't hear the shaking of your head on the public record. Okay. Thank you for getting that clarification, Mr. Borton, on the record. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we have no more testimony or anything, I move we close the public hearing on H-2017-0091. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9 -A. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0091 and to include applicant and staff comments, including the changes on the recommendations. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A as noted. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. Meridian City Council August 15, 2017 Page 16 of 100 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing Continued from July 5, 2017 for Burlingame Subdivision (H-2017-0055) by Mason & Stanfield, Inc. Located Near Northeast Corner of W. Cherry Lane and N. Black Cat Road 1. Request: Preliminary Plat Approval Consisting of Sixty (60) Single Family Residential Lots and Seven (7) Common Lots on Approximately 18.99 Acres in the R-4 Zoning District 2. Modify the Recorded Development Agreement (Instr. #106151230) for the Purpose of Updating Certain Sections of the DA to Reflect the Design Changes De Weerd: Item 9-B is a public hearing continued from July 5th on H-2017-0055. I will open this public hearing with staff comments. Beach: Thank you, Madam Mayor. This is an application for the Burlingame Subdivision, which is a -- an application for a preliminary plat and for a development agreement modification. The site consists of approximately 18.99 acres of land, which is currently zoned R-4, located near the northeast corner of West Cherry Lane -- excuse me -- the northwest corner of West Cherry Lane and North Black Cat. In 2006 this property was annexed and zoned as Incline Village and a development agreement was approved as a provision of the annexation and recorded. A preliminary plat was also approved, as I said, as Incline Village. There was also a final plat that was approved, but had subsequently died. The Comprehensive Plan future land map designation for this is low density resident ial. Before you tonight, as I said, is a development agreement modification. Development of this property is currently governed by a development agreement approved for the Incline Village Subdivision. The applicant's desire for the property does not match what was approved and required with the previous development and the applicant has applied to modify the existing development to update development plans and building elevations. The new plan consists of 60 residential lots, seven common lots, with a recent property boundary adjustment. One of the existing homes was split off and excluded from the proposed preliminary plat. However, this home is still part of the recorded development agreement. Staff has reviewed the recorded development agreement an d finds that this home should be required to hook up to city services immediately and close the existing access to Black Cat Road and take access from a new public street being extended with the proposed development. As I said, the preliminary plate is proposed -- consisting of 60 building lots and seven common lots in the R-4 zoning Meridian City Council August 15, 2017 Page 17 of 100 district. The plat is proposed to develop in four phases. Average lot size is 9,250 square feet, with a minimum of 8,000 square feet. Access to the two northernmost homes is currently -- let me back up. There are two existing -- three existing homes -- as I said, this is the lot down here, if you can follow my mouse where the property boundary adjustment carves that out of the plat. So, that's an existing home. There is a second home in this location and a third home in this location. As I mentioned, the current access for these houses is off of -- off of Black Cat through an access easement. As part of this development these homes are to remain and they are to take access from internal streets and my discussion a second ago on this house currently takes access from Cherry and as part of the development agreement -- I will show you an exhibit in just a minute here. This -- this home is required to take access internally and not from -- not from Cherry any longer. The street buffer landscaping is required to be provided as set forth in the UDC. Landscaping within the street buffers should be provided in accordance with the standards listed in the UDC. Staff is requiring that the applicant revise the landscape plan to include a 25 foot landscape easement across the frontage of the parcel. This home here. So, the development agreement requires that this home take access internally and that there be a 25 foot -- a typical landscape buffer along an arterial roadway. The applicant has some -- something they would like to discuss on that in a few minutes as well. So, as I mentioned -- I will go to the exhibit here. I will also mention that we received this proposal from the applicants. So, as you can see the existing condition is the home -- the driveway and the garage take access to Cherry Lane. The applicant's proposal is to relocate the access and in this configuration. I did reach out to the highway district and th ey have indicated that they will not be okay with this particular proposal. So, the applicant is going to have to coordinate with the highway district in moving their access further to the north to get away from the intersection. But I think there is some likelihood that they will be able to accommodate that request if Council agrees to allow them to not have a typically required 25 foot landscape buffer as a frontage of that property. There is a multi-use pathway being proposed for the project and if you follow my mouse here, it will be stubbed in this location and will -- if you follow my mouse -- meet approximately in this location and stubbed to the west property line. Both the staff -- excuse me -- the Stafford sublateral and the Settlers Canal cross the property on the north boundary. Both lie within a 60 foot wide Settlers irrigation easement. The applicant is requesting that Council allow them to keep those open. The applicant is proposing ten percent open space for the project, approximately 1.89 acres. Some building elevations also presented. Will generally comply with the standards of the city. Building materials are pretty consistent. They consist of a mix of board and batten and horizontal lap siding and stone accents and stucco. The Commission did recommend approval of the project. In favor were James Prather, the applicant's representative, and Will Mason. There were several commenting. Carla Mace. Kate Miller. Don Clower. I was the staff that presented the application. Bill Parsons also commented. Issues of public testimony were continued irrigation water arriving at the adjacent properties. Concerns regarding the easement that crosses both the LDS and Seventh-Day Adventist properties to the east and he will be allowed to use the Meridian City Council August 15, 2017 Page 18 of 100 easement in the future. Construction access for the development should come off of Cherry enough through the Turnberry Subdivision. Concerns that this project will turn into a multi-family development. Issues of discussion by the Commission were the amount of open space provided and specifically allowing a large retention pond to be used in the open space calculation. Maintaining the availability of adjacent properties to use their allotted irrigation water. Whether to and where to not require stub streets. Access to Cherry Lane for the existing house and how to make that happen. Concerns of the open space and amenities are not distributed evenly throughout the subdivision. Commission changes to the staff recommendations are they removed condition 1.1.1B and condition of 1.1.1C and they modified Condition 1.1.1E to read as follows: Provide a ten foot multi -use pathway from the west boundary of the plat and stub the pathway to the east boundary line to align with the existing easement and they added a development condition that the applicant be required to show amenities on both the north and south sides of the development and, as I said, outstanding issues for City Counci l are the request to leave the Saffort sublateral and Settlers Canal open and additionally the request tonight to modify the development agreement. With that we did receive some -- a large number -- over a hundred petitions from folks who live in the Turnberry Subdivision just to the north, located here and their main concern was they don't want to see this turn into a multi-family development. I did also receive a letter from the Turnberry HOA regarding concerns over -- as I said -- multi-family, any concerns over construction traffic passing through the Turnberry Subdivision. Their hope is that all construction will come off of Cherry Lane. My understanding is in the phasing plan is that the access to Cherry Lane is -- that's their first phase. With that I will stand for any questions you have. De Weerd: Council, any questions at this point? Okay. Good evening. If you will, please, state your name and address for the record. Prather: Yes. Of course. Good evening. James Prather. 3356 North Justin Avenue in Meridian. De Weerd: Thank you. Prather: Good evening, Madam Mayor and Council. City attorney. Just briefly, I think Josh did a really good job explaining this, but if I can just briefly highlight a few things. It's 54 buildable lots. It's 56, but two are representative of the two houses that are existing. They are all 8,000 square feet, as R-4 would pronounce. Some of the lots go all the way up to 16,000 that are at the end of the cul -de-sac. As you come in -- thanks, Josh. As you come in on the south side of Cherry you will see immediately to the west that a -- that's our open space, the majority of it -- well, not the majority of it, but probably about a third of it -- 40 percent. And to the north end of that is where we propose the first amenity, which will be a playground. Certainly far enough away from Cherry to -- to answer any difficulties there. And as you move further north we propose -- and, Josh, I don't know if you can take your pointer, but propose a gazebo -- a covered gazebo, picnic table, barbecue, Meridian City Council August 15, 2017 Page 19 of 100 benches and as you move further north up to the northwest corner, we are -- this is our retaining -- our retention pond open space and as we get to the north end of the development we would certainly -- we are not exactly sure what we are going to do there, but we certainly look forward to working with the city somewhere between now and final construction plans to put in something there. In the -- now going back to what Josh had mentioned about the outparcel, this is on Cherry. There seems to be a little confusion on behalf of the owner or the applicant on some of the contingencies and some of the requirements that the city wants for that outparcel. This was done with BPA probably about six months ago and we are -- the applicant is a little bit confused and doing so precipitated a meeting about two weeks ago with the staff. I believe Bill Parsons, Josh Beach and, Mr. Nary, you were there I believe. I was not there. But there seems to be some confusion on behalf of the applicant on -- he kind of walked away believing -- and so did his attorney -- that the landscape buffer -- and that's all we are talking about here is the landscape -- that 20 -- the 20 feet of landscape that would go in front of the outparcel. We have agreed to -- that access would be loaded from inside the subdivision and close off both entrances that they now enjoy and we stubbed in soil and water to the property. The only thing left is the landscape and -- and it was the applicant's understanding -- and I will stand for correction or maybe some further explanation -- that the landscape was going to somehow -- that they agreed that the -- that the landscape would not be a requirement here. De Weerd: Landscaping in every development application I have seen is required. Prather: Understood. There is landscaping there now and it was -- I'm just saying there was a little bit of confusion there on just what was going to happen. But if I may propose for this, what will happen in this -- and the first slide you can see -- the one that's colored up that is at the bottom, this will -- if we can get this landscape just held until the road widens, this property will be able to load into the garage up front as it has when it was built. Now, I know this goes back a couple of decades, but with the conditions now -- if the road does widen in the next five to ten years -- and that seems to be ACHD's understanding of it -- at that time the landscaping go in. That's what I am proposing. Along with the sidewalk. And what would ensure that it would go in -- because there was some discussion by the -- by staff how would we know in five or eight years when the -- when the road does widen, how can we get guarantee that it will go in. And if I could propose a deed restriction on the property, it would be public notice to not only the property owner, but to ACHD when they take their right away tag and that's how it be tagged and paid for by the property owner. Did I -- I'm not sure I did a great job explaining that, but, Mr. Nary, is that something that would ensure the city that at a future date that the property owner would put in the -- now, it's landscape now. It's not -- it's not landscape. It's just that he can't -- once this landscape as it's proposed now, he cannot use the garage any longer, because there is not enough distance between what will be future right of way take from ACHD, plus the 20 feet or 25 feet of landscaping, he will not be able to use the garage. So, he will have to -- the burden Meridian City Council August 15, 2017 Page 20 of 100 is he will have to build it in and build something in th e back. That's what we are proposing. And if there is -- De Weerd: I don't even know who is supposed to answer that, because I have no clue what you're talking about, so -- Mr. Nary, maybe you can help. Nary: Thank you, Madam Mayor, Members of the Council, I can start. So, at this meeting the discussion was -- the request by the applicant could be to -- to lessen the landscape buffer from 25 feet. It was at the Council's discretion whether to grant that. And also part of the discussion was also putting in some type of pedestrian pathway, whether it be a sidewalk or an asphalt path, that could be requested. So, again, we would have connectivity in front of this property. It is anticipated in the future that the -- Cherry Lane may widen, but we have no idea when that might be. That could be ten or 15 or 20 years from now, not five, and so a deed restriction isn't something we can control. The property owner is the only one that can a deed restriction to the property, not us. We can add it to th e development agreement that requires it, but that was kind of where the dispute sort of started. But when we left the meeting the idea was the property owner -- and I think -- I think Mr. Beach was the one that made it clear or maybe Mr. Hood -- that the staff is -- is bound by the code. They can request it and the Council has that discretion. So, he can ask for that lesser buffer and -- and some other type of pedestrian connectivity there, but the staff really has to make the recommendation based on what the code requires. And the access point was to be set back from Cherry Lane and so it sounds like the proposed one is just too short from ACHD's perspective and needs to be moved. When we discussed the ability to still have some access to that garage from the front -- again, it can be in the buffer to some degree. If the Council let's the buffer be less, then, it shouldn't be an issue. But that's really where I think we left it, unless I missed something. De Weerd: I think it's clearer. Thank you. Prather: Thank you. The -- the idea -- and if it can be put into the DA or something that triggers that upon final -- final plat we are open to that and with the City Council's -- the attorney approval of the verbiage, that it will get affixed to the property that makes public record. We are just trying to get to the point -- the owner of the house just wants to get to the point where he can still front load the house and use the garage. De Weerd: Okay. Council, any questions for the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just want to make sure that I'm hearing you correctly. You're not proposing a reduction in the open space around that property, you're just proposing Meridian City Council August 15, 2017 Page 21 of 100 a delay on the open -- the full open space requirement until redevelopment happens with the road? Prather: Correct. The widening of the road by ACHD. It's not the open space, I would call it the landscape buffer. Cavener: Okay. Thank you. Madam Mayor, an additional question. It came up from somebody, I can't remember who, about -- obviously, there is no sidewalk connectivity there. There is a kind of a Swiss cheese hole it looks like that's remaining. What's -- Prather: There is no sidewalk out there west of Black Cat. The applicant is not adverse to putting in the footpath, the asphalt, to connect the -- what will be the subdivision over the course of the outparcels. That's not really the issue. It's ju st -- the issue is precipitated by using the garage and getting the landscape buffer held to a future date. Cavener: Thank you. Prather: Uh-huh. De Weerd: Any further questions for the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: James, there was reference in the staff comment about one of the remaining parcels that takes access to Black Cat currently and that it should be required -- I think it's the furthest east one, required to connect the city services immediately. Close the existing access to Black Cat. Any comment or concern with that? Prather: No, sir. That's fine with us. And, likewise, to the -- to the house that's further -- on that same road, but further to the west. Borton: Okay. Prather: We are fine with -- and accept staff's recommendations for the plat itself. No issue there. It's just that -- for the consideration upon the outparcel. De Weerd: Okay. Anything further, Council? Thank you, James. Mr. Clerk. Coles: Thank you, Madam Mayor. For the public hearing sign-in sheets we have Jim Vogler wishes to testify. Signed up as neutral. Meridian City Council August 15, 2017 Page 22 of 100 De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Vogler: John Vogler. 5139 West Tournament Drive in Turnberry Crossing. De Weerd: Thank you. Vogler: My concern -- and maybe it's a question of clarification. I spoke with Mr. Prather earlier this evening. The retention pond which they are propo sing at the back of northwest corner -- De Weerd: Mr. Vogler, will you pull the mic in front of you. Vogler: I'm sorry. De Weerd: Thank you. Vogler: That area where Josh is pointing is where the retention pond will be and I recognize that they have to have a retention pond. We talked about it amongst the HOA board. Mr. Prather says that it is, in fact, that they will put a fountain in it or something to keep the water moving. My question or request is that I want to make sure that that's true. I live right behind where that's going to be and I'm here sort of speaking for the four homes that won the lottery and got that pond right behind us. We already have moving water behind us and we'd like to make sure that all the water continues to move, so that we don't have mosquitoes, pond scum, all of that kind of stuff. He says it’s a requirement. I would like to hear from someone here is that -- is that a fact or do we need to, you know, march around the pond for a couple of weeks to see if we can get, you know, some kind of a fountain or something. You know, it's just -- it's our concern as homeowners -- we have spent a lot of time developing our homes and getting things the way they are and we would hate to have mosquitoes or pond scum stinking up the yard behind us, so - - De Weerd: I would completely understand that, but we will have that answer for you. Vogler: Thank you very much for your -- De Weerd: Thank you, Mr. Vogler. Coles: Next William Mason signed up, wishing to testify in favor of the project. De Weerd: Good evening. If you will, please, state your name and address for the record. Meridian City Council August 15, 2017 Page 23 of 100 Mason: Will Mason with Mason and Stanfield. Addresses is 826 3rd Street South in Nampa. De Weerd: Thank you. Mason: Really, I was here for questions and I think that I can answer the question the gentleman was just asking. The retention areas for our gravity -- or our irrigation source, Settlers doesn't have the ability to give us water in a pump that we can just pump right out of their canal and keep everybody on the system live without having storage. We have to have storage for that pressure irrigation system. So, with that said we have to have storage somewhere. In many subdivisions they have storage. It becomes an issue only if the water isn't moving or taken care of. The HOA would be responsible for making sure that the pond scum was taken care of. This -- if there was a mosquito issue or a pest issue they would be responsible for that. That would be in their CC&Rs and you got to remember that our developer is trying to sell lots around that same pond, so he is going to want to have that pond be an amenity, not an eye sore. De Weerd: Okay. So, that's not a storm water drain retention, it's for irrigation water. Mason: That's correct. De Weerd: And you will be designing it as a water feature, then, I assume? Mason: As much as possible. It depends on how much water we can get in there. I don't know that it will be full all the time, because the drain down of the water during irrigation of the subdivision, so it may be fluctuating quite a bit from evening to morning or morning to night, depending on when people water their yards. De Weerd: So, the water will just be seasonal? Mason: Yes. De Weerd: Council, any other questions for Mr. Mason? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Mason, appreciate your comments on the water. I guess I still -- I still have some questions. It's just be because I have lived in homeowners associations that have been great, homeowner associations that have been challenging and at any rate the neighboring neighborhood doesn't have a whole lot of input or influence on the proposed homeowner association that will managed this project, so I guess I'm hoping you can give me a little bit greater clarification Meridian City Council August 15, 2017 Page 24 of 100 about what the developer is going to do to ensure that the home -- the current -- the homeowner association for Burlingame will be set up for success in terms of circulating that water. Turning it over to the HOA and hoping that they take care of it isn't completely satisfactory to me and I don't know if it would be satisfactory to the neighbors. Mason: The problem here is we have to have a gravity irrigation source for our water and so there is going to be a pond per Meridian code to use that water and we have to store it somewhere and so the CC&Rs I can't speak to exactly how they would be written up, how they would enforce the -- the mosquito issue or the pond scum issue, but there are people that are going to be living in this subdivision that are going to be right next to that pond and they will be part of that new HOA, so it will be in their interest to ask their HOA to take care of that pond as much or more so than the people that are north of the -- the canal, because they are separated by 65 feet. We have people that will be living right next door to it. Cavener: Madam Mayor? I just want to make sure that I'm hearing you correctly, that the proposed solution, then, from the developer is just to turn it over to the homeowners association and let them manage a solution. Mason: As it is with most other ponds. Cavener: Thank you. De Weerd: I guess, Kyle, I -- I would have a question for you. Do we require ponds? Radek: Madam Mayor, we do not require ponds as a Public Works item. It's going to be the -- the irrigation district that's going to work with the developer and as Mr. Mason has indicated, there is not enough -- there is not irrigation water there to -- De Weerd: To pump? Radek: -- to let people pump directly from the ditch, so they got to have storage. They are going to draw down that storage in the -- the peak hours and, then, they will build -- build it back up when people aren't using it. It's pretty common to do, but it's not a requirement that we have of them , it's going to be working with the irrigation district. Mason: Madam Mayor, my -- my point was not that you require ponds, it's that you require us to use the surface water and we have to try to make that work with the irrigation district, if we could -- De Weerd: Now -- but isn't there a different way of storage than ponds? Meridian City Council August 15, 2017 Page 25 of 100 Mason: I wouldn't know how you would make it economically feasible, even though it -- you would have to bury water. Radek: Madam Mayor, as I said, it's not really -- it's not really a Public Works issue, but I do know that, you know, Bridgetower is a good example. They use their -- ponds for -- for storage -- peaking storage for their irrigation systems as well. Bridgetower I believe has water features in their ponds, so they use them kind of dual purpose. So, it's certainly something that's possible in this case, but I don't know that it's -- it's our -- certainly not Public Works' business to -- to be -- to be asking for it. De Weerd: Is this pond intended to be lined? Mason: No. It -- De Weerd: So, it really doesn't intend to hold water? Mason: Well, it holds water because it's right next to the canal. So, the canal feeds it and it is being -- the pump will pump out of it and the canal will feed more water into it. It's not -- it's not located in a location where the groundwater around it from the canal is -- is not right there accessible, it's just a matter of connections, so -- it's not -- it's not to hold the water as some sort of amenity, but it can be -- we can try aeriation and stuff like that -- to pump in -- it would actually pump the water -- keep the water moving when there is water available to move, you know, it -- during peak usage there may not be that much water in the pond. Bird: Madam Mayor? Bird: Mr. Bird. Bird: Mr. Mason, if I understood you right there, this pond is going to be part of the canal or the drain ditch. Or is it going to be separate and have a tube that brings it in, so you don't have continual running water. Mason: You are correct. It will have a pipe with -- Bird: It will have a pipe, you will pipe it in from Settlers -- Mason: And it will be outside of their easement, so they can travel past and it will be just to the south side of them. Bird: And as you use it it will fill back up. You know, we have got a couple of those over here on Franklin Road and they are the worst mosquito infested things going . You have got -- you have got -- that water has got to move. You can't let it sit around. Meridian City Council August 15, 2017 Page 26 of 100 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Have you considered putting a fountain and making it a water feature and making it -- turn it into something that's nice? I know it would just be seasonal, but -- Mason: Yes. And that was -- that was one of the things that I was saying, that we could do aeriation and the fountain would be one way to do that, to move the water. That is only going to operate if the pond has got water in it. If it's dropping up and down there will be times when that -- that fountain will be possibly not in use. But we would design it to -- to try to accommodate that movement of water. De Weerd: Any other questions for Mr. Mason? Okay. Thank you. Coles: Steve Hunt was next on the list wishing to testify. Signed up as neutral. Hunt: Good evening. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Hunt: My name is Steven R. Hunt. 5031 West Ravenscroft Street, Meridian, Idaho. 83646. De Weerd: Thank you. Hunt: Thank you all for paying attention to the concerns for the Turnberry Crossing Subdivision. I have talked to you once before. I'm the president of the homeowners association of Turnberry Crossing. We do have some valid concerns. The pond issue came up very late in the game. In fact, when we turned in our petitions and stated our concerns about construction traffic and the Cherry Lane entrance, along with not having multi-residential units in there, that pond wasn't even a game plan. That's come on the game plan -- Josh, when did the pond come into play? Beach: The pond was discussed at the Planning and Zoning Commission meeting, Madam Mayor, but not in much detail. It was just kind of an anecdotal comment that there was -- now, having looked at it, the engineer said they needed a retention pond and I will add one more comment there. Some of the discussion around the retention pond was that the reason they needed to have a retention pond -- and think they are pretty common and is that the -- the timing and the -- the hours of the day that they were able to actually take water from the canal there were so limited, in order to accommodate all the users here there are going to be onslaughts -- you needed to have a place to hold it, which, again, is pretty common, Meridian City Council August 15, 2017 Page 27 of 100 but -- and I just wanted to mention that, that it did come up -- they mentioned a little bit about the pond, but we don't -- as staff have many details now as to how it's going to be designed, what it's going to look like, any of those types of things, so -- Hunt: And speaking from the homeowners association perspective in the CC&Rs, if you were to put a pond there and expect the homeowners association to design a water feature that would keep this water moving, that would be so out of the ordinary that I couldn't even understand it, because of the fact that -- you all agree, I do believe, that the water needs to keep moving. Bridgetower is a really good example. That water has a water feature. It does not work year around, just like there is no water in the irrigation canals year around. The answer is a water feature. The question is who is going to pay for it. Is it going to be the developer or is it going to be all the homeowners that pay dues in that subdivision. There needs to be some clarification there. To me it would make really good sense for the developer to come up with a plan for a water feature, put it in, and turn it over the homeowners association as a functional unit approved by the city and I don't think that's asking a whole lot. Just throwing that out for comment. Maybe we can get there tonight, maybe we can't. De Weerd: Thank you, Steven. Hunt: And, again, I appreciate you guys listening to our concerns. It's been nice talking with you. De Weerd: Thank you. Coles: That concludes the sign-in sheet. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide additional testimony? Yes, sir. Good evening. If you will, please, state your name and address for the record. Langston: Jarron Langston. 9563 West Harness Drive, Boise, Idaho. 83709. Madam Mayor and Councilmen. I have a partnership interest in the property to the east of this property. This particular plat does not show connectivity to my parcel. It was my understanding in communicating with staff that there would be connectivity. Just wanted to clarify that connectivity would still be approved or as planned for this development. De Weerd: And which is your piece of property? Langston: Kind of a -- De Weerd: In the RUT? Oh. Okay. Meridian City Council August 15, 2017 Page 28 of 100 Langston: Right there. De Weerd: Oh. Okay. Langston: So, as the plat is drawn and represented this evening there is no connectivity to the parcel for future development , which is our concern. De Weerd: Thank you, Jarron. Any further testimony? Josh, can you pull the plat back up again? Beach: I will, Madam Mayor. I apologize. Let me pull up -- they have revised this a number of times and I may have the incorrect plat in there, so give me just a second and I will show the correct version. So, give me just a second and I will show you the correct version. There is a -- there is an additional east-west stub -- rather than demonstrating with my mouse I will pull up the plat for you. Bear with me just a second. De Weerd: Okay. Beach: This does a better job of showing. So, yeah, there is an additional stub street to the parcel as indicated by Mr. Langston and as well as one to the west. De Weerd: Okay. Thank you. Council, I don't see additional testimony. Do you have question -- oh, I'm sorry. Would the applicant like to make final remarks? Prather: Thank you, Madam Mayor. The remarks on -- just going back to the -- De Weerd: If you will just restate your name for the record. Prather: Yes. Of course. James Prather. De Weerd: Thank you. Prather: As far as the retention pond or the storage pond, it will be, Councilman Bird, as you suggested, it will be piped from Settlers in and, obviously, there will be a pipe at a further distance that goes right back into the canal and it's going to be flowing that way, just not filled up and then left, because the way people water -- obviously, if you give them a schedule they are still going to water at 6:00 o'clock in the morning. So, that's what draws it down. And as far as the developer putting it in, that's what will happen. The water feature and the circulation of the pond will be put in upon installation. The only thing that the HOA will be responsible for is the maintenance of it and if there is, you know, something that's happened -- I live right across from a retention pond, which is an acre and a half , and they monitor that thing all the time and that's exactly -- because, obviously, the developer will want these lots -- including not only the ones across the canal, but the ones that he is going to be selling, to not have any of these issues as well. So, these pond Meridian City Council August 15, 2017 Page 29 of 100 are all over the valley and it just has to be handled right from the get go and that's what we are proposing here tonight. De Weerd: Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Real quick. Can you -- my notes aren't as good as they should be. Can you summarize real quickly the -- the proposed solution that you have for the 25 foot landscape buffer along Cherry Lane? Prather: Okay. Borton: And in lieu of doing that, you suggest doing the following. Prather: I didn't do a very good job. The property owner would like to keep the use of the garage loading from inside of the subdivision . That's -- that's -- we are not arguing that. We will load it from inside, but he still wants to have access into the garage until such time that ACHD widens -- takes the right away and in doing so he will still be able to -- if we can get the landscape buffer just held to a future date -- and that's precipitated with the terminus of once ACHD takes their right of way, that will trigger when that is to happen and the vehicle for that would be a deed restriction on that outparcel itself, with approved verbiage from the city attorney, which would make it public notice, because any time you pull up a plenary title report or a title commitment, it's going to -- it's going to show and when ACHD does take it they are going to examine property to property to property and that -- it will be picked up. It won't be a -- necessarily a city of -- or City of Meridian remembrance, it will be the property owner with public notice along, giving ACHD public notice and, then, it goes in at that time. Borton: Madam Mayor? So, the funding for the 25 feet -- the installation would occur after ACHD widens Cherry Lane and the funds to pay for that buffer comes from -- Prather: The property. Borton: -- property owner at some future date. Prather: That he is -- that he is responsible for that. He will know that -- if it's not the current one, anyone that, obviously, buys the property will -- will see that during an escrow examination and that's -- that's how it -- in our opinion we believe the best way to handle that. We are open to other ideas. Meridian City Council August 15, 2017 Page 30 of 100 Borton: Maybe a question for Mr. Nary. How does that -- how does that happen? At some point in the future and -- what does the money come from? If the individual homeowner is unable to do it who can compel its installation and its payment , if anybody? Nary: Madam Mayor, Members of the Council, Council Member Borton, I guess -- Mr. Prather keeps saying deed restriction. We don't have anything to do with a deed. We could put a DA restriction in the development agreement, but we don't have anything to do with deeds. So, we can add that language to that. And I guess, Council Member Borton, you have asked a great question. I mean even if you have a bond of some sort, a surety for future landscaping, they all expire. So, it's whether or not the Council is comfortable in saying indefinitely until the road widens, which, again, I have no idea what the plan is and when that would occur or either some outside window, whether it's ten years -- I know we have had other sureties for at least ten years and prior to the expression of year ten they would, then, need to put in some landscaping. I guess the other thing I haven't heard from Mr. Prather is are we talking about just leaving all the current landscaping -- so, no new landscaping whatsoever I think is what they are requesting and, again, when we had discussed at the staff level it was more on how much is enough to satisfy the Council, so that there is some landscaping there and some pedestrian pathway. I agree with Mr. Prather, there isn't any currently, but you're going to have children living in these homes and there is some access to Cherry Lane to get there and the property immediately to the east has already been in for a pre - app. So, you're going to get some development there and some need for people to be able to get along Cherry Lane in a safe place. So, a DA restriction -- the only thing I can think of is a surety, there should be a time limit on that, so that way it isn't something that just is indefinite, it could get forgotten, because something has to trigger it to happen. If it happens in less than ten years, then, it's not a problem. If the road widening is in excessive of ten years, this Council -- he could -- the property owner at that time could always come back and request a DA modification and ask for a greater length of time in which to do that and the Council could, then, require a new surety to be in place. That's what I could think of off the top of my head right at this moment, so -- Borton: Helps a lot. Thanks. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, that was characterized as no improvements at all for the landscaping. Is that correct? Meridian City Council August 15, 2017 Page 31 of 100 Prather: Again, maybe it's my inability to track along here, but it's not a getting out of the landscaping, it's just the landscaping will prevent them using the garage . Between the right of way and the additional landscape buffer it's just too close to the house to use it. There is landscaping there now and if the city wants to , you know, have a certain degree -- we just want to keep it outside of where the driveway is, so they can continue to use the -- the garage. Borton: Madam Mayor? The proposed language that Mr. Nary had referenced with regards to a surety with a deadline and that concept to try and ensur e there is funding available for that future installation , any concerns or questions about that being one mechanism in the DA to -- Prather: I mean, obviously, we would want to review, but that -- that would be fine with us as we are discussing it here now. Borton: Okay. What is currently there today? We are trying to see it -- the -- the home -- does that have landscaping, then, currently? Beach: And I can pull up a Google air shot for you, Madam Mayor. De Weerd: That would be great. Prather: While he is doing that, there is three large pine trees in the front yard and grass. Flower beds. De Weerd: Okay. So, the -- the road would run to the west of -- of their property and you're asking not to do any of the landscaping, just use what's there today? Prather: The main entrance into the subdivision, that will have landscaping on both sides of the street, because -- I believe there is about 20 feet before the property line this outparcel begins. There will be landscaping there, but as -- as you come -- before you can see this westerly driveway, that will be closed up, obviously, because we are taking it -- our entrance from inside the subdivision. But it's kind of difficult because it's in the shadow, but there is three large pine trees out front. There we go. Now, what you're seeing -- on the west of this pictorial, that side of the subdivision will be landscaped. De Weerd: So, around the trees you are putting landscape . Around the existing property. Prather: I'm sorry, I don't -- De Weerd: You don't want to do anything on that until the -- ACHD takes the right of way; is that what you're suggesting? Meridian City Council August 15, 2017 Page 32 of 100 Prather: Well, that's what we are suggesting, but we are amenable to -- what we are suggesting is leave the landscape out where we can go into the property. Everything that comes outside of the driveway can be landscaped and is landscaped. If the city would like to see something additional to that -- we are not -- we are necessarily opposed, we just want to be able not to have the -- the restriction of not being able to use it to get into the garage . That's what this is all about. De Weerd: Oh. Okay. So, what's our question, because I'm trying to completely understand. You will put in a sidewalk, then, or you don't want to do that? Prather: No. We would be amenable to put the sidewalk in. De Weerd: Okay. Prather: Because it actually will come outside of the right of way. It will be in the right of way, not within this landscape buffer, obviously. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Clarification, Mr. Prather. Earlier you said a -- a walkway, not a sidewalk. Now, what are we talking about? Are we going to put in a five foot sidewalk -- Prather: What is -- Bird: -- with curb and gutter? Prather: No, I'm not clear, Councilman -- Bird: You're just going to make a sidewalk -- five foot sidewalk? Prather: Correct. Bird: Okay. You said something about asphalt. Prather: Well, whether it be concrete or asphalt, whatever. Bird: Well, there is a difference. Prather: No. There is a difference. Bird: There is a big difference. Meridian City Council August 15, 2017 Page 33 of 100 Prather: Either way. Either way, sir. Bird: Okay. De Weerd: Okay. Anything further, Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know we don't want to belabor this much longer, but I just -- I wanted to give the applicant an opportunity -- and I think it was addressed at P&Z, but we received a letter in the mail today from -- it looks like the neighboring homeowners association with just questions about construction access. It sounds like Josh addressed that, but I just wanted to give you the opportunity as well that -- any comment of -- again, I think the layout lends itself to single family homes, but I just wanted to give you the opportunity as the applicant to respond to those concerns. Prather: First of all, the concerns about multi-density or what would be apartments, that's not part of this application. I'm not sure where that came from, but that's, obviously, not what's on the table. And, second, as far as the construction, we met with the HOA prior to the neighborhood meeting and the only time that there will be any construction traffic up towards Turnberry is when we are having to put in the improvements. All of the construction traffic can load from Cherry. De Weerd: Council, anything further? Thank you. Staff, any further comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, seeing I guess nobody needs anymore public testimony or anything, I move we close the public hearing on H-2017-0055. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-B. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 15, 2017 Page 34 of 100 Bird: Mr. Nary, is there any way that we can put in the DA that retainage pond has to be movable water? Nary: Madam Mayor, Members of the Council, Councilman Bird, we will probably consult with the Public Works Department, but I mean I assume there is some language we could add in there about what type of system of moving water it needed to be. Bird: Is it legal to do that, Bill? Nary: Oh, it's legal to do that. I don't know what specific language or what that would need to be, but I would probably just ask Mr. Radek if he had some wording that we could, then, discuss with the -- Bird: Standing water is such a -- to me such a hazard in these subdivisions, because of what they bring and you can just move it or just aerate it a little bit will help, but so many times -- and they say about the lots around it. Well, yeah, but, you know, those lots might be sold and built in the spring and in fall and in the wintertime when there is no water sitting there and usually it's July and August and September when it's real hot and it's stagnant and you're not using as much water, but I -- I just think that we got to have something in the DA that makes sure that that water is moving water. Hood: Madam Mayor? De Weerd: Caleb. Hood: Councilman Bird, I'm not part of Public Works, but I may have a solution if that's the direction you want to go. So, in UDC -- so, Meridian City Code 11-G-3- B-8, you could simply have them comply with that standard in the development agreement and it states -- I will just read it for you. Open water ponds. Aesthetically designed open water ponds and holding areas may comprise of the 25 percent of a required open space area. All ponds of permanent water level shall meet the following standards: The pond shall have recirculated water and the pond shall be maintained such that it does not become a mosquito breeding ground. The reason that doesn't apply in this case otherwise is it's not a permanent water level. That's for permanent ponds. But you could apply that to this pond and have recirculated water and make sure that it doesn't become a mosquito breeding ground. So, again, that's 11-3-G-3-B-8. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A clarification for staff. You burned through that, which I appreciate, but there was part of it at least made me take pause, but that doesn't require the Meridian City Council August 15, 2017 Page 35 of 100 applicant to maintain water in there at all times, it's only if -- when and if water is in there. Hood: Correct. If a pond is designed more as an amenity, not a functional amenity -- Cavener: Okay. Hood: -- but just as an amenity or fountain or whatever, you have to recirculate the water if it's, again, year round. Cavener: Great. De Weerd: Okay. Any further questions, comments? Cavener: If you want me to do it -- Madam Mayor, no one's jumping up. We got to get this meeting moving. I don't know if I will get a second on this. But -- let's see. I move that we approve the preliminary plat for -- De Weerd: Can you speak into your mic. Cavener: I sure can, Madam Mayor. Thanks. I move that we approve the preliminary plat for Item 9-B and if I'm not mistaken, Mr. Nary, everything else we will handle in the DA? Nary: Yes. Bird: I will second it. De Weerd: I have a motion and a second. So, the DA is all under this one item. Do you want to specify what you want to handle in the DA. Cavener: Sure. Madam Mayor, I would be happy to do that. So, within the DA I would maintain the required setback. Incorporate the language provided by staff related to circulating water. And require the sidewalk connectivity on that outlying parcel. Bird: Second agrees. De Weerd: Okay. I have a motion and a second. Any discussion, clarification needed? Borton: Madam Mayor, what was the first part? Something on the setback. Cavener: Madam Mayor, my motion included incorporating the required 20 foot setback. No deviation from that. Meridian City Council August 15, 2017 Page 36 of 100 De Weerd: Okay. Josh. Beach: Just a -- sorry. Just a point of clarification. You're talking about the 25 foot landscape -- Cavener: Madam Mayor. Yes, I think I said 20, but I meant 25 foot. Thank you for the clarification. De Weerd: Anything further that -- second agrees? Bird: Yes. Second agrees. De Weerd: Okay. Anything further? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Summerwood Subdivision (H-2017- 0083) by WH Pacific Inc., Located 4052 and 4202 W. Daphne Street 1. Request: Preliminary Plat Approval Consisting of Twenty-Six (26) Building Lots and Five (5) Common Lots on 9.98 Acres of Land in an R-4 Zoning District D. Public Hearing for Summerwood Subdivision (H-2017- 0084) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (DA) (Instrument #106034786, Amended as Instrument No. 11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision and to Modify the Boundary of the Development Agreement De Weerd: Item 9-C is a public hearing for H-2017-0083. I will open this with -- public hearing with staff comments. Beach: Madam Mayor, Members of the Council, this is an -- Meridian City Council August 15, 2017 Page 37 of 100 De Weerd: And, Josh, I will also open Item D, which is H-2017-0084. Beach: Perfect. Thank you. So, yes, so there is -- the first part here is for a preliminary plat and the second part is, for point of clarification, a development agreement modification that will also include this preliminary plat and I will go through that a little bit, so we can follow along. So, the site consists of 9.98 acres of land, which is zoned R-4, located at 4202 and 4052 West Daphne Street. The Comprehensive Plan future land map designation for this property is low density residential. The proposed plat consists of 26 building lots, five common lots, in approximately 9.98 acres of land in an R-4 zoning district. The minimum lot size proposed is 9,360 square feet. An average lot size of 11,938 square feet. The minimum living area of the proposed dwelling units is required to be 1,400 square feet. The gross density is 2.62 dwelling units per acre, which is consistent with the low density residential future land use map designation. There are two existing homes on the site. The existing structure should be removed or relocated as applicable prior to signature by the city engineer on the final plat. Primary access for the subdivision is at the south boundary via West Daphne Street which is a public street and a public street is stubbed to the northeast boundary o f the site, West Wapoot Street from Vincenza Subdivision No. 1 and a sub street is proposed to the northwest boundary for a future connection with interconnectivity upon redevelopment of the parcel to the west. The proposed plan indicates 8.1 percent qualified open space. It does not comply with the minimum requirements as set forth in the UDC and as a part of this application the applicant is requesting that the Council allow for the open space -- they have -- let me back up. Staff evaluated the open space it was provided with the subdivision to the east of this. They have sufficient to meet the ten percent that would otherwise be required for this subdivision. So, staff is of the opinion that the ten percent open space is -- has been met. The amenities provided for the Volterra North plat include a tot lot, a pool, a clubhouse. They do have five percent additional open space, an extension of the Meridian pathway system and public art. So, there are sufficient amenities in the subdivision to the east and the Volterra North plat requires nine amenities, as I said, and they did provide nine. Since this development is under the same ownership and will be managed by the same HOA , staff finds the proposed subdivision meets the intent of the ten percent as I mentioned. The Scrivener Lateral and East Drain cross the southwest corner of this site. These waterways are proposed to be relocated along the south and west boundaries within a 20 foot wide easement. The waterway should be piped in accord with the UDC. Commission did recommend approval. Summary of the commission public hearing. Jane Suggs, the applicant's representative, was in favor. There was none in opposition and none commented. Did not receive any written testimony. I was the staff presenting the application. Other staff commenting on the application were Caleb Hood. There were no issues of key public testimony. Discussion by the Commission were the issues of the two lots appearing to be what is considered double frontage lots. So, as I mentioned, at Planning and Zoning Commission it was brought up by Caleb that these two lots here are technically considered double Meridian City Council August 15, 2017 Page 38 of 100 fronted, they both have access to both Milano Street and Daphne. Staff's condition is that they create a common lot there to mitigate that concern. So, the Commission added the condition 1.1.1.6.3 as follows. A common lot shall be placed adjacent to Daphne Street to ensure that Lots 2 and 3 of Block 3 do not have frontage on both Daphne and Milano Street. There are no outstanding issues for Council and did not receive any written testimony since the Commission hearing. With that I will stand for any questions you have. On this portion. We can go into the development agreement now if you would like as well. De Weerd: Yes, please. Beach: So, the development agreement is tied to this only insofar as the project that we are discussing previously, the Summerwood Subdivision, it's -- are these two lots as indicated by my mouse here and I will go -- I will go through this a little bit. There are several concept plans and there is a little bit of history on this. In 2006 a portion of this was an annexed in. This particular project Summerwood was originally annexed back in 2006 as the Prado Villas Subdivision. In 2008 a portion of the property, approximately 111 acres, was rezoned and removed from the original development agreement. In 2010 another preliminary plat -- there is a lot of history on this. I will mention that in 2016, last year, we approved a right-in, right-out onto Ten Mile Road. I'm not sure if you remember for this lot down here, as indicated by my mouse, that's the most recent history. The applicant is requesting to include -- the applicant's request includes a termination of three previously agreed agreements -- three previously approved development agreements for the purpose of entering into one master agreement to govern all the subject properties, which is approximately 275.92 acres. I did mention that there are several concept plans that were approved with this that we would like to include into the development agreement and I tried to make a diagram to show the separate development agreements that were approved that wil l now be included in one. The applicant's request is, essentially, to remove Walmart property and these associated commercial lots here as five lots from the development agreement and to enter into a new development agreement to include just these - - these three portions, with the exception of the Walmart parcel. Staff went through the three development agreements and picked out the things that were applicable and removed the things that were not. Hopefully this makes sense. So, with that there will now just be one -- the proposal is to have one development agreement and there are no outstanding issues for Council. Jane Suggs, the applicant's representative, is in agreement with the recommended DA provision and she is also the applicant for the Summerwood plat. So, with both of those items I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions at this point? Bird: I have none. Meridian City Council August 15, 2017 Page 39 of 100 De Weerd: Okay. Jane. If you will, please, state your name and address for the record. Suggs: Thank you, Mayor. Jane Suggs with WH Pacific here presenting the Summerwood Subdivision and that incredible summary of all the development agreements that encompasses what we sometimes call Volterra. It includes some subdivisions called Vincenza and at some point was referred to as Bridgetower West. So, I haven't been actually around during some of these original development agreements, but I think Josh did an incredible job with the staff of going through each one of those and helping us figure out how to put those into a master agreement, which is really helpful to us and to the staff and, as he mentioned, taking the -- the Walmart out of the changing development agreements that would require signatures and things of people who aren't even around. So, that -- they will still have their original development agreement, but the rest of the development will be managed by this master, which we really apprecia te. Again, a great job. I'm just talking about the subdivision as well. The highlights. This actually was approved -- a similar layout you probably remember in 2014. I think it's 30 lots. Now we are at 26 lots. Same sort of layout with the open space in the middle. We are meeting the Comprehensive Plan designation. We are meeting all the subdivision requirements and we agree with the addition of the lots. In fact, that -- there is going to be some irrigation lines for the ditch and a supply line t hat have to run along Daphne Street, so likely they will be in that lot. Josh, again, did a really good job of explaining that we are meeting all the requirements, we are meeting the Comprehensive Plan with the subdivision. We like the DA being all put together. And I will remind you this is one of the subdivisions that's using the pavers in the streets and we got ACHD approval to add this subdivision to their agreement to allow us to do the pavers and that was in July 19th ACHD took that up and said, yeah, we like that, as long as you continue to allow us to keep pallets of pavers in their yard and we do this because of some high ground water . So, that's our way of dealing with the high ground water, which you probably know is really an issue in that whole area of the city. So, because there were no concerns from the neighbors -- we did have a good neighborhood meeting both about the DA, a lot of people didn't really understand that , but we did talk to the neighbors who showed up about that. We did notify everyone with all the neighborhood signs and we had a great response to the subdivision . Everybody felt great job. We would like to see this area get developed. So, I will stand for questions. De Weerd: Thank you, Jane. Council, any questions at this time? Bird: I have none. De Weerd: Thank you. Suggs: Thank you. Coles: There were no sign-ups for either -- Meridian City Council August 15, 2017 Page 40 of 100 De Weerd: You had the one sign-up under public comments. Did you wish to provide comment on this one? Okay. Suggs: Can I comment about that? De Weerd: Sure. Suggs: I talked to him, because I was -- wanted to know what kind of questions he had. He actually lives in Bainbridge. He is new to the development process because of Costco and when he saw signs up about rezones and development agreements, he showed up, and I gave him all the information he wanted, showed him what we were doing and gave him my card and he said, great, I don't have to stay here all night. De Weerd: Thank you, Jane. And thank you for reaching out to him. This is a public hearing. Is there anyone who wishes to provide testimony on this item ? Okay. Council, any questions for staff or the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearings on H-2017-0083 and H- 2017-0084. Borton: Second. De Weerd: I have a motion and a second to close the public hearings on Item 9- C and D. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0083 and to include all applicants and staff comments. Borton: Second. De Weerd: I have a motion and a second to approve Items 9-C and D. Bird: Nine -- just -- Meridian City Council August 15, 2017 Page 41 of 100 De Weerd: 9-C. Any discussion from Council? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve H-2017-0084 and to include all applicant and staff comments. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9 -D. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing for Sky Mesa (H-2017-0068) by Sky Mesa Development, LLC Located 5899 S. Eagle Road 1. Request: Annexation and Zoning of a Total of 54.01 Acres of Land from the RUT Zoning District in Ada County to the R-4 (Medium Low-Density Residential) (26.57 Acres) and R-8 (Medium-Density Residential) (27.44 Acres) Zoning districts in the City 2. Request: Rezone of 38.87 Acres of Land from the R-2 (Low-Density Residential) to the R-4 (Medium Low- Density Residential) Zoning District 3. Request: Rezone of 6.26 Acres of Land from the R-2 (Low-Density Residential) to the R-8 (Medium-Density Residential) Zoning District Meridian City Council August 15, 2017 Page 42 of 100 4. Request: Rezone of 0.88 of an Acre of Land from the R-4 (Medium Low Density Residential) to the R-8 (Medium-Density Residential) Zoning District 5. Request: Preliminary Plat Approval Consisting of 278 Single-Family Residential Building Lots and 31 Common Lots on 98.35 Acres of Land in the R-4 and R-8 Zoning District De W eerd: Okay. Item 9-E is a public hearing for H-2017-0068. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next item before you is a request for annexation and zoning, rezone, and preliminary plat. This site consists of 98.35 acres of land. It zoned RUT in Ada county and R-2 in the city and is located at 5899 South Eagle Road at the northwest corner and southwest corner of South Eagle Road and East Taconic Drive. In 2006 this property was included in the subdivision plat for Black Rock Subdivision No. 1 under the Ada county nonfarm ordinance. In 2013 a portion of this site north of Taconic was annexed with an R-2 zone and included as one large lot in the preliminary plat for the Southern Highlands development, but was not included in the development agreement for that project. A Comprehensive Plan future land use map designation for 56 acres of this property is low density residential , which is three or fewer units per acre, and medium density residential, which consists of approximately 42 acres of land and that is three to eight units per acre. The applicant is requesting annexation and zoning of a total of 54.1 acres of land , with 26.57 acres zoned R-4, medium low density residential, and 27.44 acre zoned R- 8, medium density residential. A rezone of 38.87 acres of land from the R-2 to the R-4 zoning district, 6.26 acres of land from the R-2 to the R-8 zoning district, and 0.88 of an acre of land from the R-4 to the R-8 zoning district is also proposed. The proposed zoning, R-4 and R-8, and density of 2.59 and 3.12 units per acre is consistent with the future land use map designations of low density residential and medium density residential for this site and will facilitate development as proposed. A preliminary plat is proposed as shown that consists of 278 single family residential building lots and 31 common lots on 98.34 acres of land in the proposed R-4 and R-8 zoning districts. The propose lots range in size from 5,553 square feet to 26,707 square feet, with an average lot size of 10,350 square feet. A gross overall density of 2.83 units per acre and a net density of 4.21 units per acre is proposed. The subdivision is proposed to develop in five phases. The project is proposed to have four typical lot size -- sizes, with lot widths of 55, 65, 75 and 85 feet, with the widest and largest lots consisting of .29 to .61 of an acre as a transition to those in Black Rock Subdivision, which consists of half to one acre lots. As you can see my pointer here, Black Rock Subdivision is up here at the left corner of the screen. Staff is recommending that two lots are removed from the plat next to those in Black Rock on the southwest side of the development to provide more of a transition, which could result in no more than two lots backing Meridian City Council August 15, 2017 Page 43 of 100 up to a single lot in Black Rock. The applicant has revised the plat since the Commission meeting and they have removed one of those two lots the staff recommended, but it didn't really address that two of the lots still have three lots abutting them, as you can see there. The smaller patio home lots are proposed adjacent to Eagle Road on the north and south sides of Taconic, which is this area right here, which will provide a higher density and buffer at the Taconic-Eagle intersection. The applicant is requesting Council approval for Block 5 and that is this block right along here. The northeast corner of the site. To exceed the maximum block length allowed in residential districts of 750 feet, at approximately 1,000 feet. Use of this site being constrained by the Ten Mile Creek, which runs along the northeast corner of the site here. The length of the cul-de-sac where East Morris Trail Court stubs at the south boundary of the site, exceeds a maximum length standard of 450 feet and must also be revised. Access is proposed by East Taconic Street, a collector street, off South Eagle Road, an arterial street. Because the UDC restricts access to collector and arterial streets, the proposed accesses require Council approval. Connection to an existing stub street at the northwest corner of the site is proposed. One stub street is proposed to the north and two are proposed to the south for future extension and interconnectivity. The westernmost stub to the south does not align with that proposed in East Ridge Subdivision, a development currently in the process -- hearing process to the south. However, revisions are being made to that plat, so it's uncertain where that stub street will be or if there will even be one at this time. If proposed the developer should coordinate on the location of those streets. There are two properties that abut this site that front on Eagle Road right up here where the pointer is that don't have access via local street or from this development. The 1.15 acre Fulcher property north of Taconic and that's the one here where my pointer is and the 10.5 acre HOT3, LLC, property south of Taconic. And that is that large parcel there at the southeast corner. A driveway with an access easement is provided internally to the Fulcher property and a stub street is provided to the large parcel here at the southeast corner. If the land use map designation changes to nonresidential for that property a stub street is not required, but compliance with block length standards is still required, so a minimum of a pedestrian pathway would be required through this block here to this property. A 25 foot wide landscape street buffer is required along South Eagle Road and a 20 foot wide buffer is required along Taconic. A ten foot wide multi-use pathway exists along the south side of Taconic and is required to extend to the north boundary of this site within the buffer along Eagle Road. So, currently it runs right here along the south side of Taconic, will cross here, and go up the side here and it will eventually extend to the north here of the creek. The Ten Mile Creek runs along the north boundary of this site and will remain open and shall be protec ted during construction. The Beasley Lateral runs through this site to the north of Taconic and is proposed to be relocated in an easement within common lots and piped. A minimum of ten percent qualified open space is required to be provided with this development. The applicant proposes 13.27 percent or 13.05 acres of land, consisting of half of the street buffer along Eagle, the street buffer along to Taconic, eight foot wide parkways and internal common areas. Site amenities are proposed to consist of Meridian City Council August 15, 2017 Page 44 of 100 pedestrian pathways through the development providing connectivity to open space and site amenities. A segment of the city's multi-use pathway system, a swimming pool with a clubhouse and tot lot, a picnic shelter and another tot lot in accord with UDC standards. The majority of these amenities are located within phase four of the development. Staff recommends in the staff report that they be constructed with phase two. However, the applicant recommends -- or requests that they be constructed with phase three, which is the first phase on the south side of Taconic and as you can see here the pool is located right here on the south side of Taconic. Staff is amenable to this request, but the Commission did not agree and didn't modify that condition . Because there is a significant slope at the southwest boundary of the site, adjacent to the Black Rock development, and that is in this area right here, staff recommends this area be placed in a common lot owned and maintained by the homeowners association to ensure its maintained uniformly and consistently. This little slope area on the north side of Taconic was placed within the adjacent building lots with no easements. However, complaints have been made to code enforcement that the slope area is not being consistently maintained and it has become an enforcement issue for weeds. The slope area in the Reflection Ridge development was placed in common lots and seems to be working out better. The revised plat depicts the slope area in an easement on the building lots with a note stating the area will be maintained by the HOA subject to the specifications in the CC&Rs and they are requesting Council approval of that area to be within an easement on building lots , rather than in a common lot as recommended in the staff report. The applicant has submitted six photos of homes that will be similar to those constructed within this development and share the same character and quality of design as those in Southern Highlands Subdivision to the west, north of Taconic. These photos all depict at least two different building materials and stone and brick veneer accents. The Commission did recommend approval of these applications. Becky McKay, the applicant's representative, testified in favor, as did Chat Hamel from Boise Hunter Homes. Several folks testified in opposition as follows: Sam Karnes, Susan Karnes on behalf of the Meridian Southern Rim Coalition. Jim Stroo on behalf of the Black Rock Homeowners Association. And Wendy Webb. Testimony was received from Becky McKay, the applicant's representative, in response to the staff report. Andrea Tlusek and Andrea Fonnesbeck also provided written testimony. Key issues of testimony are as follows: Reference larger lots than those proposed in the R-8 district and more of a traditional in lot sizes, no greater than one -- one and a half from those in Black Rock Subdivision. Concern regarding impact on traffic on Taconic and Eagle Road at the intersection and quality of life in this area. Request for the hillside to be located within a common lot, rather than on individual building lots, so that it's owned and consistently maintained by the HOA . The proposed development is not consistent with the goals of the Comprehensive Plan as follows: Desire for the area to be a lower density, quoting the comp plan to preserve some of the small town character and charm as stated in the introduction. Does not feel the proposed development demonstrates consistency with the key community values stated in the plan. For instance, enhance Meridian's quality of life for all current and future residents. Prevent school overcrowding and enhance Meridian City Council August 15, 2017 Page 45 of 100 education services. Improve transportation and protect Meridian's self identity and, lastly, the definition of quality of life and livability is the satisfaction of residents derived from their surroundings. Negative impact on more dense -- of more dense housing adjacent to less dense housing. And the request for the property to be zoned R-2 and developed less densely than proposed , instead of R-4 and R-8, which is what the majority of residential land in the city is zoned. Opposition to patio homes, higher density at the entry of the development at the intersection of Eagle and Taconic and proposed R-8 zoning. Like to see -- like to keep the semi- rural ambiance and identity of the neighborhoods, larger lots and greater setbacks. Preference for the patio homes to be located on the northern sector of the development. Concern that higher density near the intersection will exacerbate traffic congestion during the rush and school hours. Overcrowding in schools in this area already. Need for the additional parking to be provided for the swimming pool, clubhouse, playground area, as the number of spaces provided for the pool in the existing Sky Mesa development is inadequate and request for a statement entrance to the development and provision of tall berm with lush landscaping along South Eagle Road for sound mitigation and beautification. Key issues discussed by the Commission are as follows: Traffic calming on Taconic. For instance, a roundabout at the intersection near the pool. The issue of the hillside being put in a common lot for HOA maintenance, rather than in adjacent building lots for individual homeowners maintenance. The timing for the expansion of South Eagle Road and the roundabout improvements. The applicant's request for eligibility for reimbursement of fees in the future for sewer and water improvements that provide additional service and capacity to other projects . The timing for when the swimming pool will be constructed, which phase. The Commission did not make any changes to the staff recommendation in the staff report . Outstanding issues for City Council tonight are the neighborhood concerns if proposed development is appropriate for this area and the Commission requested staff discuss the possibility for traffic calming measures on Taconic with ACHD. Staff did so and ACHD required the applicant to work with ACHD staff to coordinate a traffic calming plan for East Taconic Drive prior to ACHD's signature on the first final plat. Written testimony since the Commission hearing has been received from Wendy Webb and the Southern Rim Coalition. Staff will stand for any questions. De Weerd: Thank you, Sonya. Any questions at this point from Council? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a couple. Sonya, can you give me a better understanding of what a statement entrance is? I don't know what that is. Allen: Mayor, Council, I assume it's something magnificent -- Meridian City Council August 15, 2017 Page 46 of 100 Cavener: That makes a statement. Allen: Announces the development as folks are entering it. I didn't write that, Councilman Cavener. So, maybe someone from the audience can provide more -- Cavener: Madam Mayor, additional question. Sonya, can you go back to the -- the map of the proposed development? Is that round about is, what, 450 feet away? Yes. To me that looks like -- is that the other proposed stub street? It looks like a cul-de-sac, but it also looks like it's a connection. I just don't know if my eyes are failing me or -- the little bubble on the bottom just -- Allen: Madam Mayor and Council, it is a cul-de-sac, but it also stubs to the south boundary. A turnaround because it's too far for fire department to -- without one. Cavener: All right. Thank you, Sonya. De Weerd: Okay. Council, any other questions at this time? Okay. Good evening. If you will, please, state your name and address for the record. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay with Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm happy to be here this evening representing the Sky Mesa project and Boise Hunter Homes. I'll go ahead and kind of begin. When we started the planning process on this Mr. Hunter, obviously due to the size of the property being 98 acres, wanted to have some diversity within this particular project. So, we had some -- went through some different variations in our conceptual planning. I recommended that we have our neighborhood meeting early on. We met with the neighbors. We were contemplating a multi-family component next to Eagle Road at the collector Taconic and we got significant objection to that and we talked about other issues. Traffic. And we went back to the drawing boards. We revise the plan. We worked on some of their concerns. We eliminated all multi- family and, then, came up with just two small pods of patio homes, single level, detached patio homes. Let's see. We had a second neighborhood meeting prior to submitting to the city and shows the neighborhood -- the changes. Some people were pleased and very happy that we had eliminated any multi-family component. Others were still not, you know, satisfied with what -- what we were shown -- showing them. One of the things that I, obviously, was concerned with was transitioning and that's why my recommendation was that we do a dual zone. So, 66 and a half percent of this property is R-4. That is our request this evening. While 33 and a half percent would be R-8. As Sonya indicated, we have 278 single family residences. We wanted to provide a very diversified development with assortment of different homes. We wanted it to, obviously, maintain the premium high quality design that Mr. Hunter has already established in this area with his White Bark project, which is just located to the north off of Amity and, then, Southern Highlands, which is Meridian City Council August 15, 2017 Page 47 of 100 located just west. We are currently under construction on the last phase of White Bark, which will finish that out and we are almost at construction plan approval on the last phase of Southern Highlands. So, this is, obviously, a 2018 project that we will move into. There is an aerial photo. As far as looking at this vicinity, we have a mixture of zones. There is, obviously, R-4, R-2 and R-8 in Hill Century Farm directly across the street and they are predominately -- they are all R-8. Taconic was designed as a residential collector. It's in the master street map with ACHD. It's in your southern Meridian transportation plan. Currently it is like a substandard collector. We will be going in and widening it to a 36 foot wide from back to back. Installing five foot detached walk, curb, gutter all along it. There is an existing ten foot multi-use pathway that is a pre-existing along the south side. We will be retaining the landscaping as much as possible and the ten foot multi- use pathway. We will also construct multi-use pathway north of Taconic on the Eagle Road frontage, so there can be a continuation of that path. I wanted it to look open when you drove into this development, kind of like what we did at Bridgetower where we had significant openings with common areas, micropath linkages. We put the amenity, which is the pool facility, playground, right there on Taconic, which keeps that corridor nice and open and just gives it a good feel. Phase one and phase two are located north of Taconic. We will have open space with playground equipment in that linear open space. You can see that we have connections there and, then, we have our primary central open space on 2.68 acres located south of Taconic in the southern portion. As far as your Comprehensive Plan, there is two designations within this property, low density and medium density residential. Sonya did ask me to calculate the percentages of what we had. We do -- in the low density residential area we are at 2.59 dwelling units per acre. In the medium density residential designated area we are at 3.12. So, we are well within the confines of your Comprehensive Plan. Our overall gross density is 2.83 dwelling units per acre. So, you know, as far as looking at some of the other projects that have been built out in south Meridian, this is what I would consider a low to medium density residential project. In our lot sizes we made a map and this was for the benefit of the neighborhood meeting, but I want to show the Council this, because it demonstrates our -- what our reasoning is in our lot sizing. So, the blue lots that you see adjoining Black Rock, those are one hundred feet wide and they are 222 feet deep to 150 feet deep, with an average square footage of 18,085 -- 84, excuse me, square feet. The pink lots, those are ranging from 85 to -- by 150 to 85 by 135 and, then, as you go to the -- the kind of green or aqua green, those are 75 foot lots and, then, as we transition towards the arterial and the collector, those are 65 foot wide lots and, then, the yellow lots are the patio home lots and those are roughly around 5,550 square feet. So, we have got a nice mixture to accommodate different styles of homes, different lifestyles. Our average lot size in this project is over 10,000 square feet. Ten thousand three hundred and fifty. Excuse me. So, really, what our range is is 5,553 square feet. Our largest lot is 26,700. Now, one of the things that we also had to consider was the entrance. We got a lot of feedback from the neighborhood and they said, you know, we want a statement. We want this to be an extraordinary entrance with a lot of landscaping. So, Mr. Hunter had his landscape architects do this streetscape for Meridian City Council August 15, 2017 Page 48 of 100 you, so you can see a combination of walls -- you know, they are, obviously, using different colors, modulation. We have left a lot of room for landscaping and to really create a sense of place. This is going to be top notch. They have spent a lot of money out there at the Southern Highlands project and, obviously, he wanted to be assured that this project would maintain that high quality and consistent with what he's established and worked so very hard to maintain. This gives you another kind of perspective. You can see -- that would be the Eagle Road corridor, so there be extensive berming, trees, landscaping and a combination of walls. That gives you another streetscape. That's Taconic looking from Eagle Road into the project. One of the comments we had about the patio homes -- you know, we would like you to have heavy landscaping along that collector. You know, we don't want those units detracting. Well, you know, obviously, these are going to be -- Boise Hunter Homes, they have strict architectural guidelines, but still we did abide by adding additional landscaping, so that we had more width to work with. As far as our amenities, we have 13.05 acres of open space. That's qualified open space, so we are not just at the minimum, we are at -- over 13 percent. We have, obviously, our two common areas -- central commons areas, one to the north, one to the south, with our pool facility, two playgrounds, the ten foot multi-use pathway. The majority of our project will have detached sidewalks with an eight foot residential landscape buffer. We have two areas where we will have attached -- or three areas, excuse me, where we will have attached sidewalks and that's only out of necessity. This kind of shows you the amenities that we are planning out there as far as the playground, the changing rooms, the disappearing pool edge. He wants to, obviously, make the same statement and emulate what he's created in Southern Highlands. One of the comments the neighbors had was the parking. There are four spaces within the existing pool facility. We just -- we just mirrored what he had, but he is in agreement that, you know, eight or ten spaces would be probably more appropriate and so I -- that's really a non-issue. My recommendation is eight to ten spaces are usually what we average. That allows people with toddlers to drive to the facility who live a further distance away. This gives you kind of an overview. The landscape architect created that. That is that central open space that you can see. So, there is, obviously, in that 2.68 acres ample room for, you know, kids to play soccer, to have, you know, a running room, ball room, et cetera. This is the existing pool within Southern Highlands. That shows you the quality and expense that they have gone to to create not just your normal run-of- the-mill neighborhood pool, but something that really stands out and makes a statement. This is the sloped area that had a lot of discussion on. Above you see the Black Rock development. So, one of the things that we wanted to make sure is that we transitioned. That's why we made those lots between 228 and 150 feet deep is so that we could make that appropriate transitioning. Initially we had those lots 85 feet wide. We took out a lot and made them all a hundred at the Planning and Zoning Commission. Staff talked about it -- maybe we should take out two. If I take out one more all that adds is 20 more feet to each lot, which is really negligible. You're not -- you're not going to get a one-to-one match, you're still going to have two point something lots against those lots and that's -- you know, unless we pie them out, that's typically what happens. I think the most Meridian City Council August 15, 2017 Page 49 of 100 important thing is size and the distance , keeping, you know, a separation so that they don't feel closed in and I believe we have accomplished that with our plan . This kind of gives you a distance. You can see where Sky Mesa is. This is Southern Highlands. They did have an issue out there. Boise Hunter Homes got on it, took care of it, and the issue was that the CC&Rs read in the event that there is a problem, then, the HOA will come in and maintain the slope. Well, what we are suggesting in this particular project is in the CC&Rs the HOA will maintain that slope. That slope will be placed in a 35 foot wide easement and the HOA will maintain that. This shows you Southern Highlands. This is just a quick example of another project where we went in and the -- the developer made some terracing, so there is multiple things that we can do in that slope and we, obviously, want to work with the homeowners and we don't -- because they -- they may have a vision as far as how they want that treatment. This shows you what we have changed here. As you can see, this is a side lot. The first lot there is long. It fronts on the roadway that's going in a north -- or a south direction and so it's hard for me to go one to one when you have the side lot line there. If you look at the other Sky Mesa lots, you can see that, you know, my lots are very comparable. These are the types of homes that Mr. Hunter intends to build within the project. They are, obviously, high quality. I toured through some of his model homes, they have been very impressive on the exterior and the interior and he's been successful in the Meridian and the Boise market. This is the CC&Rs provisions that I talked about. So, we believe that there will be no issues, because the HOA will maintain those slopes and it will be specified in the CC&Rs how and when that will be done. This brings you back to that kind of overall look and, then, this shows you what ACHD's initial plan is for the future. ACHD wants a dual lane roundabout built. We will be participating in the financial participation in that project , along with Hill Century Farm. There will be an island that comes straight in, so that first approach into our patio homes will be right-in, right-out from the very beginning. Do you have any questions? De Weerd: Council, any questions at this time? Bird: I have no questions. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one, Becky. Can you comment briefly on the property -- the acres to the south, the decision is to stub or not stub to that? McKay: Madam Mayor, Councilman Borton, I did submit a revised preliminary plat to Sonya showing a stub street with a note, indicating that there would be a stub street there if that were developed for residential purposes and if it were to develop say as mini storage, which is one of the things being kicked around by the property owner, that, then, we would not stub. Meridian City Council August 15, 2017 Page 50 of 100 Borton: Where would the -- where is this stub from -- McKay: The stub is directly across from Palmyra Street. Borton: Okay. Thank you. De Weerd: Any other questions for Becky at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Becky, I think you touched on this, but I hope you can expand a little bit further about the rationale between making the hillside area common area verses, you know, area that's owned by -- by the people that purchase the lots. That seemed to be a comment that we received a lot of correspondence about it and it's notated in the staff report and I'm just hoping you could comment a little bit further about that. McKay: Madam Mayor, Councilman Cavener, when we have slope we -- we work with the homeowners as far as what they want to do with the slope . So, they may want to terrace it. They may just want it to be like in a red fescue or something along that line. Sometimes we will go in and we will -- we will do some minor grading to minimize the slope. That slope varies through there, so there is some areas that it's only about 15 feet wide. Then there is other areas that it's about 35 feet wide. To just go in -- if you slap in a 50 foot common lot, then, what you have done is you have made lot a hundred by a hundred and so, then, when you impose the setbacks, that's going to -- obviously, a smaller home would go on that lot, because it's not going to be as deep. And so if we are talking transitional lot sizes -- I try to make my lots as large as possible and if you do that, then, you're cutting the lot sizes down. You're making the lots 10,000 square feet instead of 18,000 square feet. Cavener: Madam Mayor. I guess if you're looking to maintain the same amount of lots. You could always do less lots and have larger lot sizes. You could. McKay: I can't get -- I can't make them deeper if you have a common lot there. There is no way I can make them deeper. I'm already 222 feet deep and 150 feet deep. Cavener: I understand that. McKay: So, that's my -- my concern is if you lop 50 feet off and we are sticking this in a common area -- I have slope out at Fall Creek, other projects, I have never been required to put the slope in a common area and we have always gone in and Meridian City Council August 15, 2017 Page 51 of 100 we have done a really good job. In fact, out of Fall Creek the lot that had the most slope that we terraced, a doctor bought it and that is the most expensive , largest house in Fall Creek. I mean there is -- a lot of people will like the slope. Cavener: I don't disagree. McKay: So -- Cavener: I just was looking for some clarification. McKay: Yeah. It would just -- it would just limit -- I think it would just limit the options available to those homeowners. Cavener: Thank you. De Weerd: Okay. Anything further for Becky at this time? Thank you. McKay: Thank you. Coles: Madam Mayor, we have several on the sign -in sheet. Several indicated not wishing to testify, but I will read their names into the record as well. So, we Lonnie Wageman signed up against the project. Not wishing to testify. And Ben Shelton signed up against the project not wishing to testify. Caitlyn Shelton signed up against the project not wishing to testify. Ben Shelton signed up against the project, not wishing to testify. Lisa Broderick signed up against the project and would like to testify. De Weerd: Thank you for sticking with us. If you will, please, state your name and address for the record. Broderick: Yes, ma'am. Lisa Broderick. I live at 2331 East Lodge Trail Drive in Meridian, Idaho. 83642. Thank you, Madam Mayor and Council Members, for listening to the program tonight and I appreciate Becky's presentation tonight as well. I came up here originally wanting to talk about the green spaces and open spaces. The last plan that I did see didn't have this much available, so I feel much better with this common space. A couple of things I did want to bring forward, though, was from the ACHD meeting that I attended last week and , unfortunately, the -- the COMPASS report got brought forward that morning and so it hadn't been reviewed by anyone prior to that meeting. There was some discussion about whether or not to hold off on that meeting, but they did decide to move forward with it and help the process along. One of the interesting things that I noted -- one of -- the one opposing number to the approval brought forward that there were five CIMs on the checklist that were met and 17 that were not met and that was a concern for him as far as wanting to review that report a little bit more thoroughly . It goes on further to say the proposal exceeds growth forecasted for this neighborhood. Transportation infrastructure may not be able to support additional Meridian City Council August 15, 2017 Page 52 of 100 transportation needs without improvement or demand management strategies . That I think is the better focus for me in light of the new -- the green space opening. The challenges that we are having along Taconic Drive now are excessive speeds on that. I believe after the first complaint that was brought to this meeting we did see increased police traffic and there were increased tickets and that's definitely not a satisfier for the people in the neighborhood by any means, that's not what I'm asking though. It's having a permanent traffic resolution on that road. It is a nice road. It's coming off a 50 mile an hour Eagle Road. It's easy to get back up to speed. You don't even think about it right now, because you currently don't have any development on either side of you, but even with that development there is enough younger people in that neighborhood where we have people racing down that road. So, I do feel like the traffic measures that ACHD thought would be helpful for that, I do feel fairly strongly that that road is improved in that manner. My other concern is something that ACHD brought forward and it was the lack of northwest access out of that neighborhood. So, we currently have two exit points, one on Amity and one on Eagle Road and that has proven to be challenging from a safety perspective when we have had someone testify about EMS trying to get to their house. So, I just wanted to point out some of the traffic type of challenges that we have. De Weerd: Thank you so much, Lisa. Council, any questions? Bird: I have none. De Weerd: Thank you. Broderick: Thank you. Coles: Tony Broderick also signed up against not wishing to testify. Andrea Tlucek signed up against, unsure whether or not she wanted to testify. Andrea, do you wish to testify? De Weerd: Good evening. If you will, please, state your name and address for the record. Tlucek: Andrea Tlucek: 5866 South Graphite Way, Meridian. 83642. De Weerd: Thank you. Tlucek: It seems like it was not very long ago that I stood in front of you talking about -- what is it called? East Ridge. And my concerns about this development are, basically, very similar in that I think that there is a real need in Meridian for areas where there are homes that have larger lots and I understand from Becky's report that the lots along the -- whichever edge that is -- that back up to Black Rock are larger lots, but when you consider that most of that is slope, we are still getting houses that are on small usable land and I would like to see that there are more Meridian City Council August 15, 2017 Page 53 of 100 lots with larger spaces for homes and for people to enjoy the outside . My other concern is the entrance onto Taconic. My understanding is I -- was not at the ACHD meeting, but they -- it's normally a 330 foot set -- or allowance before a road starts. Sorry, I don't know the language. And they allowed for 210 feet and I can see, knowing how the traffic can get on Eagle Road, it backing up and with making that turn and people turning into the patio homes and potentially there being a dangerous situation there. I saw the roundabout on Eagle and I like roundabouts, but I am still concerned about children being able to get to the school and the Y on the other side of the road and making it safe for them. I guess that's all I'd like to say. Thank you. De Weerd: Thank you. Coles: Kathy Baumgartner signed up against the project, wishing to testify. De Weerd: Thank you for being here. If you will, please, state your name and address for the record. Baumgartner: My name is Kathy Baumgartner. I live at 2310 East Lake Hazel Road in Meridian. De Weerd: Thank you. Baumgartner: Thank you so much for the opportunity to speak. I wanted to talk a little bit about expectations the citizens have with respect to zoning, the flume, and I have been doing a lot of work trying to understand what citizens are looking for and I keep -- keep running into this problem that the future land use map represents -- zeroing in on this particular section out in south Meridian that we are talking about tonight, you see a lot of green and there is -- there is a conception with homeowners and citizens that that means that we are going to have a more rural feel we have -- you know, the flume is our understanding of the city's plan for growth and it sets our -- helps set our expectations and people make buying decisions based on this flume and that's what they are looking for is a more rural feel. So, if we go back and we look at some of the recent development in this area, as you see it's starting to become populated. You see that the green is going away and being represented by much more dense -- dense subdivisions. It just keeps going and going and going and I -- people ask me where is the reallocation of the low density housing for us. When we -- when the expectation was set that we were going to have low density and it just keeps going and now with this particular subdivision a substantial size subdivision with a substantial deviation from what the expectation is of things round it -- homeowners around it, I mean I understand, you know, from the applicant's testimony that this is consistent with the FLUM, but if it's consistent with the FLUM -- I mean -- I'm still learning, so I apologize if this is a dumb question, but if it's consistent with the FLUM, why are they requesting a zoning variance, a change, a step up from R-2 to R-4 to R-8? Why do they need that if it's consistent? So, I think homeowners are asking, you know, what is the Meridian City Council August 15, 2017 Page 54 of 100 FLUM and what is the city's expectation. If they are going to put this expectation out there, why not require the developers to adhere to it. Other questions we hear, you know, is low density on the FLUM just a placeholder? I mean developers tell us all the time that low density is just a placeholder until the city figures out what it wants to do there. Well, that's not the expectation of the citizens. It's not the expectation of the homeowners. I mean why does -- why does the city tell us, the homeowners and prospective homeowners, that it's going to -- you know, that the -- there is a low density designation out in this particular area, but, then, implement something entirely different. And, then, just a general question. Why can't we have -- and I think you heard it from another testimony. Why can't we have more low density residential lots with larger lots for people who do want larger lots. I just -- in closing when expectations aren't met there is disappointment, which leads to frustration, which leads the anger, which leads to a demand for change and citizens -- really what we want is we want to adhere to the low density designations in the FLUM. We want the city to provide low density housing options for people who want larger lots. We want to maintain a the rural feel of our communities and we want the city to deny this project and the request for annexation, which requires a step up in -- in zoning. Thank you for your time and if you have questions I'm happy to respond. De Weerd: Thank you, Kathy. Mr. Palmer. Palmer: Madam Mayor, thank you. Just ask a question for you. Is there a time frame in which if there isn't a market for -- or profitability in developing R-2 out there, is there a time frame where -- that it makes sense for you to say, okay, nobody is developing out here, it's been ten, 15, 20 years from now that you would be like, all right, we may be okay with an R-4 or is it just R-2, that's it forever? Baumgartner: No. I think that's an interesting question and I think the city, as my understanding, has a process for making changes to the FLUM and it shouldn't be, in my opinion, at this stage, it should be open to public debate and open to public hearing and I realize this is a public hearing, but I mean bringing in all the stakeholders, bringing in all the -- the parties that are involved and having some dialogue and some discussion about what we want to see our community look like and my understanding was that was what the Comprehensive Plan and the FLUM were attempting to accomplish was a collaborative effort of bringing all the stakeholders together to understand what do we want out here and when we -- and we have that. We have that. I mean at least that's my understanding what the FLUM and the Comprehensive Plan work together to try to accomplish. It feels like every time a developer comes forth with a new plan that requires a step up, so that they can get maximum density so that they can make their profit -- make their subdivisions more profitable, that's what they are in the business of doing and so they are going to push you guys as hard as they can to get profitability. We allow that without any reconsideration for the fact that the communities that already exist out there, the people that are making buying decisions and moving into that area are looking for a more rural feel and they have looked at these -- these plans and Meridian City Council August 15, 2017 Page 55 of 100 they looked at these maps and they go, hey, this is an area where I want to be, because it's going to have this kind of rural reel and there is -- it feels like there is a bit of a bait and a switch happening here, because when the minute a developer comes in and says, well, I want to put R-8 you say okay and that's where the frustration comes from with -- with citizens is it just feels like there is more consideration to -- to stepping up than there is to the commitment that is already outlined in the existing FLUM and the existing comp plan. De Weerd: Any other questions, Council? Baumgartner: Thank you so much. Coles: Cliff Looney signed up against the project not wishing to testify. Pat Looney signed up against the project, not wishing to testify. Susan Karnes signed up against the project, wishing to testify. Karnes: Good evening. My name is Susan Karnes. I reside at 5556 South Graphite Way. De Weerd: Thank you, Susan. Karnes: And I have a PowerPoint. Good evening, Madam Mayor, Members of the Council. I am here this evening to share the results of a neighborhood survey conducted by the Meridian Southern Rim Coalition and, therefore, I respectfully request ten minutes to present my remarks. The Meridian Southern Rim Coalition, in response to the second presentation by Boise Hunter Homes at the second neighborhood meeting conducted a neighborhood survey. The design was pretty open, you know, did you attend the meeting. Are you familiar with the plan. We attached a rendering. Do you oppose or support the following aspects of this plan and we left space for comments and so my comments today are a compilation of that feedback. Okay. I'm new. I'm an Apple girl. Did I do that right? Sorry. Okay. I did something -- sorry. That's right. Now, what am I doing -- I'm sorry. I -- arrows down at the bottom. Okay. I will start now. Okay. The first concern. Overwhelmingly density, which Kathy Baumgartner has just spoken to. I think there is a real cognitive dissonance between what residents perceive as density and what the city outlines in its code. The density calculations, if you look at the overview of Sky Mesa, were parkways, the space between sidewalks and streets is calculated as green space, where the berms along Eagle Road are calculated as green space. This I think works to the advantage of the developer and to the disadvantage of the homeowners. So, we had overwhelming objection to R-8 zoning especially due to the tight setbacks and small lots and a neighborhood that clearly has a semi-rural estate character and identity and many, many residents noted in their comments they purchased their homes, the biggest investment they own, based on their expectations of this. Regarding roadways. There were several objections. They strongly object to the proposed road variance for two streets providing entry for 39 patio homes 210 feet from the intersection at Eagle Meridian City Council August 15, 2017 Page 56 of 100 Road and Taconic. We have a situation in this neighborhood where there is not a clear north-south connector. Taconic is our primary route. The only other egress out of these neighborhoods is a convoluted route through Marsala Drive that has a tight basketball median, which is not real -- readily navigable for many of our neighbors with RVs and boats. Therefore, this intersection of Taconic and Eagle is critically important for emergency response for hundreds of homes. It's also our access route to Hillsdale Elementary School, the future YMCA and city park. In our opinion public safety should be the primary objective here. A variance of this type might be granted, in our opinion, under other circumstances. Perhaps the streets provide necessary access to sparsely populated areas, so traffic is quite light. Perhaps the variance would add significant value to the community. But that's not the scenario for Black Rock, Sky Mesa and White Bark neighbors, who also share this intersection with the large Century Farm neighborhood across Eagle Road. We believe this 120 feet in variance represents a critical margin of public safety. At the present time this intersection is beleaguered by traffic delays during school and rush hours. The proposed configuration of local streets is too close to an intersection that will soon be complicated by an additional 1,000 new homes after buildout, a traffic circle, a pedestrian crossing signal, a school speed zone, lengthy medians on Taconic, control the proposed right-in and right-out traffic to these streets and the traffic generated by the patio homes immediately there at the entrance where traffic tends to back up. We are also concerned as noted earlier about the chronic speeding on Taconic. It's well documented. I spoke with Sergeant Stacy Arnold of the Meridian Police Department, who advised me that he had routinely and easily writes tickets for speeds of 40 to 45 miles per hour in the 25 mile per hour zone. He further stated that law enforcement is a poor manner for controlling speed. The coalition requested traffic calming before the Commissioners and they concurred. The neighborhood is quite clear it does not want speed bumps and it does not want basketball medians, because of the navigation difficulty of that. We are baffled by the lack of stub streets allowing future connectivity to the parcel. Becky addressed this in her comments and it's welcome news that there will now be a stub street. But I have to say that it's a little disconcerting to residents to see an application document showing proposed mini storage in an area that is clearly labeled residential on the city's future land use map. Therefore, based on these survey results, the coalition respectfully requests that Council deny the requested road variance and Eagle Road and Taconic. I'm citing guidelines in the city Comprehensive Plan here. Require traffic calming on Taconic, other than speed bumps or tight basketball medians. Require the applicant to redesign the application to provide appropriate stub streets, which evidently will be done, and we would -- would like to require the revised roadway design to create generous allowances for driver , cyclist and pedestrian safety at the intersection of Eagle Road and Taconic along Taconic and throughout the neighborhood. Regarding lots, common areas, and amenities, respondents overwhelmingly oppose the three to one lot ratio adjacent to Black Rock. W e just -- the feedback is -- it doesn't reflect transition by any reasonable definition as defined in the city's Comprehensive Plan. Boise Hunter, in fact, set a clear precedent of appropriate transition in its first phase of Sky Mesa with its one-to- Meridian City Council August 15, 2017 Page 57 of 100 one ratio along Lodge Trail abutting Black Rock lots. Staff recommended no more than a two-to-one ratio. Residents would like to see this be no greater than one and a half to one for appropriate transition and we would refer you to 3.4.02.F in the Comprehensive Plan regarding comparable lot sizes to provide buffer interface. As has been discussed this evening, respondents oppose the slope as private property and they support staff's recommendation that it be designated common area. The problem is not only weed and code compliance, although this totally placed homeowners on Lodge Trail at risk of misdemeanor tickets due to noncompliance with the city's code regarding weeds and it created friction between the Sky Mesa and Block Rock neighbors. When Black Rock homeowners contacted code compliance to enforce weed control, unaware that their neighbors, the property owners below in Sky Mesa, would be held liable, not their HOA, which is charged for that responsibility through the CC&Rs. The other issue with this is the slope in the first phase of Sky Mesa is private -- privately owned, but it's designated as nonbuildable and it just seems odd that people own property that they cannot build on and it has created confusion, because it is mentioned as nonbuildable in the plat, but not in the CC&Rs and so it's causing considerable question about what is allowed. Furthermore, as we have witnessed in the Boise foothills, the integrity of our slopes on which homes like those in Black Rock and those below in Sky Mesa are built, must vigilantly be protected. As the coalition understands it, the city has no grading regulations and we would welcome clarifications or confirmation of that. Respondents say that the parking in the community pool, designed to serve hundreds of homes, is grossly inadequate. This is proven by the presentation with four spaces. Again, during my conversation with Sergeant Arnold he mentioned to me his concern about the congestion and hazards created by the existing pool and small parking lot, which he witnessed while issuing a speeding ticket ironically. Many young families are forced to walk to the pool and it's difficult when you have got the pool floats, et cetera, so we would be pleased to see an increase in parking allotment for the new community pool, but we would not want it to be at the cost of precious green space in the adjoining park. Respondents also ask for continuity with the regional pathway network map and they desire safe connectivity to exist in a long term routes. They expressed a desire to see safe cycling lanes on the collector streets and so, therefore, we request a revision for lot ratio between Sky Mesa and Black Rock that the slope be designated common area and a greater allocation of pool and community parking, timely and complete connection to the pathway network and we also would like for Council to apply its 3.5.02.E for bike lanes along connectors in urban settings to this situation, given the size of this neighborhood. In closing I would just like to say that if the city's Comprehensive Plan clearly directs and values appropriate transitions between density zones, recognizing the identities of existing neighborhoods and enhancing the unique characteristics of each , this application requests annexation of 54.01 acres in rezoning for 98.3 and this is a substantial and permanent addition to our community that we feel deserves your scrutiny and deep thought. We respectfully ask the Mayor and Council to approve our recommendations, which we believe enhance the long-term value and livability Meridian City Council August 15, 2017 Page 58 of 100 of this application and adheres to the city's plan vision and plan structure as described on page four in your Comprehensive Plan. De Weerd: Thank you, Susan. Karnes: Thank you. De Weerd: Questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Ma'am, thank for the very detailed presentation. It was very helpful in understanding what the neighbors are interested in seeing happen. I did have a question. You had mentioned that you'd like us to require traffic calming. You mentioned other than speed bumps and median -- Karnes: Basketball medians. Palmer: What do you have in mind for traffic calming? Karnes: Well, actually, Commissioner Hansen at the ACHD meeting did reference a website that offers many, many traffic calming methods and I think our position is that this is probably something best left to experts. We would like to have a seat at the table, because we use these streets and we know how we use these streets and several neighbors have said to me they -- you know, they have boats, they have RVs, they have oversized trailers and the basketball median in the middle of Marsala is really, really very difficult. I don't think we would need anything that extreme. That really forces you to almost stop and go around. They have what they call football medians that are just -- you know, it just adds some curvature to the road and does tend to remind people that the speed limit is 25 and not 50 as it is on Eagle Road. Palmer: Madam Mayor? I guess that's what I was trying to figure out was -- Karnes: Yes. Palmer: -- whether you wanted obstructive, intrusive, or less. So, that answers that. Thank you. Karnes: Yeah. I think we just want to -- you know, I'm reminded of a tragic incident we had here in this city a few years ago with a young man on a bicycle and our concern is that those using our streets be safe. But also we have to balance that with solid emergency response and the ability, in the case of a fire or whatever, that we can exit our neighborhood safely. Meridian City Council August 15, 2017 Page 59 of 100 De Weerd: Where is Marsala? Karnes: Marsala is in the White Bark Subdivision and so it is off of Amity Road. Across from -- you know where Paisley Meadows is going in by Hayden Homes between Locust Grove and Eagle off of Amity. De Weerd: Can -- can you show that, Sonya? So, Taconic is a collector for a number of different subdivisions. Karnes: It is. And when East Ridge is developed I can see where those exiting East Ridge would find a left-hand turn onto Lake Hazel to be difficult and might opt to come down through Black Rock and Taconic through Sky Mesa to avoid those left-hand turns onto Lake Hazel and to access to school might be an easier route. We had a homeowner in our neighborhood t estify that in 2014 she had to call paramedics for her husband one morning and the ambulance could not turn left or north onto Eagle Road from Taconic. Although they had stabilized her husband, they had to use their lights and sirens just to be able to tu rn. It is a -- it is a constant stream of traffic coming up from the Lake Hazel direction. She was unable to turn and follow for ten minutes in that emergency situation, because she just didn't have enough clearance to -- to turn north on Eagle. It's a problematic intersection and we are not even close to being built out. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Staying with I guess the theme of traffic calming, can you share with me what the opposition is to speed bumps? They seem to be a commonly used traffic calming device throughout Meridian and I'm just curious where -- where the opposition to speed bumps is -- Karnes: Councilman Cavener, I -- we have gotten I would say close to a dozen e- mails -- I have from neighbors who are concerned about damage to their vehicles. De Weerd: Now they know to slow down. Cavener: Right. Karnes: Yeah. Well -- Cavener: Lieutenant Caldwell will testify. Meridian City Council August 15, 2017 Page 60 of 100 Karnes: I think they also consider them a bit of an eyesore and I think that they believe there are perhaps more attractive traffic calming methods. Bonjiorno: Councilman Cavener, if I may, there is in the Ada county standards what people can deem a traditional traffic bump, they have -- they are called traffic pillows now that are traversable by fire engines, so the fire engines do not have to slow down through them, but they are not as damaging to vehicles. So, there is other things out there that are approved that the fire department would approve. De Weerd: Traffic pillows. Cavener: Madam Mayor? De Weerd: Uh-huh. Cavener: A couple of additional questions. Susan, you -- in your presentation you talk a lot about this survey that you have conducted. I'm a -- somewhat of a survey nerd. I didn't see that that survey has been provided to the clerk. Am I missing it or -- Karnes: No. I -- I will be happy to provide a pdf of that survey. Cavener: Thank you. That would be great. Any information on -- Madam Mayor, if I may -- Susan, how many people -- how many households participated in that survey? Karnes: You know, I meant to count them up today. I apologize. I would say probably close to one hundred, which is a -- I felt a very significant response rate. Cavener: Thank you, ma'am. De Weerd: And those houses were in what proximity to this? Karnes: We sent out the survey to the coalition's database, which is several hundred e-mail addresses. They are primarily in the -- well, at the time we did the survey they were primarily in Black Rock, White Bark, Sky Mesa, Century Farm. Some in Rock Hampton. And, then, along Lake Hazel. De Weerd: Kind of in the two square mile area? Karnes: Primarily, yeah. Substantially so. Yeah. De Weerd: Okay. Meridian City Council August 15, 2017 Page 61 of 100 Karnes: Although we have e-mails from people as far as Shaffer View, but -- yeah. And it seemed to be because we ask people to indicate which neighborhood they lived in. Most of them were Sky Mesa, Black Rock, White Bark. De Weerd: Any further questions? Cavener: Not right now. Thank you. De Weerd: Okay. Thank you very much. Karnes: Thank you. Coles: Sam Karnes also signed up against the project, wishing to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. S.Karnes: Sam Karnes. 5556 South Graphite Way. De Weerd: Thank you. S.Karnes: And I'm here -- I'm the slope guy. I'm the one guy that has been calling the code enforcement and really appreciate the City of Meridian Police Department. We moved in last July. We are in Black Rock. We are right above the slope to south Southern Highlands or what I will call old Sky Mesa and the weeds weren't mowed, so I figured there has to be something wrong here and I found in the code and the code enforcement page that they are not supposed to be over eight inches tall and called them and in two or three days I think Boise Hunter had some -- they had a crew out to mow them. Let me stop there and just describe the slope. It's hard to tell from all the pictures. But it's pretty darn steep and I'd say at least 33 grade where we are and if -- if it's -- we are talking about weeds. I don't know what was there originally, but now it's weeds. It's watered two or three times a day, which is good I guess, but it's just weeds. And I don't know where Mrs. McKay got the description of tiering and doing anything that the owner wants, because there is nothing like that on the old Sky Mesa folks and as my wife indicated let's fast forward to this year. We got a lot of rain in the spring, it was real wet, the weeds are coming up like crazy. They are not mowed. Again, I called code enforcement and was told -- you know, they contacted someone down in Sky Mesa and was told they would be mowed. Coincidentally, we had an HOA -- Black Rock HOA meeting and shortly thereafter the same management company as Sky Mesa as we have, the guy there said, oh, the HOA is going to take care of this. The Sky Mesa HOA guy. And so I said okay. So, a couple of weeks later they are still not mowed. I called code enforcement or reported it again. Code enforcement came out and that's when they had to go door to door, threatening a misdemeanor for every one of the homeowners. The homeowners are responsible. That's even going to be the case if there is an easement, folks. Meridian City Council August 15, 2017 Page 62 of 100 CC&Rs can change. If the homeowner association does not step up to the plate and do it, which they didn't this year. I have the -- one of the neighbors below me was out in the -- in the rain on a Monday evening trying to mow the thing and when I talk about mowing, it's just not a simple job, you have to be -- you have to have a heavy duty weed eater and be pretty darn athletic . He was out there doing it in the rain, because he could not have any kind of criminal charge on his record to keep his job and he was going out of town the next day, they were going to issue the misdemeanors Wednesday. Anyway. So, it's a mess. Now, it needs to be owned by the HOA and they need to take responsibility for it, like they have elsewhere in town. Okay. Oh. Also, let me go to another point that is kind off the top of my head. Even though we -- in our subdivision it -- this slope area is labeled on the plat as nonbuildable, I was talking to my neighbor as he was mowing one time and he said, oh, yeah, we plan on putting a deck here. Well, I don't believe that's allowed and he said, oh, yeah, we own it, you know, we can -- we can do what we want with it. Another issue you had was having it owned by the owners, whether or not it's in an easement, is some of the neighbors have built fences all the way up to our lots, which are -- I think are permitted and so, you know, whoever is doing the mowing would have to get permission in each instance on whether they, you know, unlock the gate and get into the person's backyard, just create a lot of issues, which are really unnecessary and the bottom line , of course, if the developer wants to do this is is they are including that area -- you know, sort of enhance the size of the lot in their overall lot size to make it look better. De Weerd: Mr. Karnes, you need to wrap up. S.Karnes: Oh. Okay. Well, that's -- I think I covered it. Let's see. One more point, maybe. Sorry I didn't have -- getting carried away. An emotional issue as you can tell. I thought I had one more thing. Oh, yeah. Okay. I think I have covered it all. Thanks very much for your time. De Weerd: Thank you. Coles: Melody Wheeler signed up against the project with no indication of testimony. Douglas Wheeler the same. Against the project with no indication of testimony. Bob and Debbie Brain signed up with no indication of testimony. Elyce Poulson signed up against the project wishing to testify. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Poulson: Elice Poulson. 2435 East Lodge Trail Drive. De Weerd: Thank you. Poulson: Meridian, Idaho. So, I will keep it brief. A lot of what I wanted to mention has already been addressed. We have lived in Meridian for nine years and we Meridian City Council August 15, 2017 Page 63 of 100 love Meridian and just built our house there. Also under the impression that it was kind of going to be -- you know, all the advertising of Sky Mesa as large lots and basements. So, that was kind of our impression also. And just a few issues that I am really concerned is this -- the multi-use path, I would really like to see more of that where we have the regional park is supposed to be coming south of us and the YMCA east -- east of us, just so we are able to actually -- where there are multi- million dollar investments that the city and communities are putting in, that we have the connectivity to use them and have that healthy lifestyle of being outside, being able to bike to the YMCA, being able to bike to the regional park, being able to walk, be out with our kids and also I would love to see -- they are building Albertsons just on the south side of Tuscany, along that Ten Mile Creek to have a multi-use path like they do in Tuscany and in Green Valley and Tuscany Village -- along that whole Ten Mile Creek where we could -- the kids could ride their bikes to Albertsons or families could without having to get in your car to drive over there. So, that's one thing. Another concern I had is just with Century Farm going up like crazy, our children are now scheduled to attend Hillsdale and Century Farm alone will be able to fill at Hillsdale so fast what will become of us , because we -- we keep just moving around to different elementary schools and the disruption for the children and if there is even an elementary school planned for or if we are just adding so much more houses to Sky Mesa, too. And, then, the other thing that I would love to see is several of the square miles surrounding us have a city park , Tuscany. Thousand Springs, or Century Farm. What's involved in getting land allocated for a city park for the people that are in our square mile and, then, lastly, just as has been discussed the traffic with Eagle and Taconic with wanting the kids to ride their bikes to school and being safe. I do worry about the roundabout. Just about two weeks ago I was driving the roundabout here and there was a man coming the wrong way in the roundabout and turning left using it as a left turn towards me and so I get a little concerned about if there is -- the kids trying to cross there, to bike to school or walk to school and, then, some people who don't really understand roundabouts struggling with that, that that being a problem. Yeah. I just hope that we can -- because we only get one chance to make it a really beautiful place to live and so I would just love to see those community aspects considered and that's all. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Yes. Cavener: Thank you for your testimony. You -- you indicated that you had to change elementary schools multiple times. How many times in the past nine years? Meridian City Council August 15, 2017 Page 64 of 100 Poulson: We just moved in, but I know the Black Rock neighbors were at -- is it Lake Hazel, is that where they have been? And so -- and now it's into Hillsdale, but -- so, I don't know what would come next at the rate they are building. Yeah. Coles: Charles Webb signed up against, wishing to testify. De Weerd: Good evening. Webb: Madam Mayor. I'm Charles Webb. 2299 East Lodge Trail Drive. I do live below the slope and we love our slope. I just want to say it before I start. And I don't think some things were true that there are beautiful landscapes on some of the slopes. Come and look at them. All right. In the last 25 years I have lived all over the United States. I was born here in Meridian, but I have had a chance to live in many different cities. One of the cities I lived in was San Antonio in 2001. I moved there. I moved into a beautiful home and it's a beautiful home just like a Hunter builds, a beautiful house, and, then, ten years later I was actually reassigned there to San Antonio and I moved into another home and it's 40 minutes away from my work, 40 more miles -- 40 more minutes away from my work and I had to ask my wife why are we living 40 more minutes away from my work . Well, it's a safer neighborhood and it's better schools. But I knew that original place was very nice ten years before. Do we have down -- you said arrows; right? So, what I want to talk about real quick is disposal neighborhood -- suburbs or disposal neighborhoods. We have seen this over and over again in all the country -- all throughout our country that there is disposable places. As you can see like - - they talked about this in Philadelphia, what remains intact is where you have a lot of good work, you have good schools, you have an ability to walk; right? And so this is an opinion in the Washington Post. You can see that it's just evolving and what they say in the suburbs that don't really succeed, they just don't draw young families that have the economical support. So, I think one of the things that's come forward in the last years is that building these nice tight houses together makes more money for the city, it makes more money for everybody, we are all happy, but in reality does a dying suburb make money for the city? No. It costs a lot of money; right? So, what do we see and what do they say in this editorial? What you should see or what they say a successful or an enduring suburb or a community is a place where people want to walk around . You know, an organic village where there is suburbs started to begin, public transport is available, people want to be outside their cars. I like the little tangible things that others can do in suburbs. Building porches. Front homes. Building houses that are not far away from the sidewalk. Having sidewalks in the first place. And, then, I guess the part about whether they grew up in really boring traffic for those suburb or a suburb like you and I grew up in -- I have memories of being able to walk around and see kids on my block and play outside, which is something I would like for my kids. So, what makes a community livable? You can see what they say -- ask most people you will hear the same things, good schools, plenty of jobs, and a nice environment. So, this is the proposal and I thought that Becky did a great job. She sold me over there. I thought, wow, I think that's a great neighborhood Meridian City Council August 15, 2017 Page 65 of 100 after she did her presentation, but as you can see there is many things we are concerned about. How dense it is. We are concerned about that the pool is coming in later. All the things you heard tonight -- I'm not going to reiterate them. I listed them there and my wife sent a letter to each of you about that . But what it's saying is that we have known for some time that green space adds to your thing -- adds to your wellbeing. This is what Black Rock kind of looks like from Google Earth. We don't have any updated that shows our neighborhood, but this is what is proposed and those two together look the same. Thank you very much. De Weerd: Thank you. Coles: Christine -- I apologize, Christine. I'm not sure the last name. Herwy. Herwy. Herwy: Christine Herwy. I live at 2373 East Taconic Drive. De Weerd: Thank you. Herwy: Thanks for the opportunity to speak. So, while they are getting that up, what I -- what I'm going to attempt to do is show you what our neighborhood looks like and show you what the green space looks like, because I think it's really hard when you're looking at a plat to really understand what we are talking abo ut and I'm guessing many of you maybe have never been up there and I want to give you a flavor for what people are talking about, why they bought up there and when we talk about openness and the feel of the neighborhood , I'd like to try and show you that. So, I took some pictures this morning about how much space frontage houses have up in Black Rock. I did take some pictures of the slopes on both sides. You can see I took some pictures as well from -- in White Bark. Okay. So, this -- there is .8 of a -- .8 of a mile drive in from Taconic -- excuse me -- from Eagle all the way up Taconic and it looks like this all the way. It's been maintained by the Black Rock homeowners for over ten years. We pay for that and there is a nice landscaping on each side. So, that, you know, brings to the ambience of why people want to live here. It's a really nice drive in. Sorry. It was really sunny this morning when I was taking this, but you can see up in the top left corner this is -- these two houses abut -- they are neighbors. You can see much space is between each house and how much see through space -- corridor there is between each house. Same thing. So, this is -- as you're measure coming up through Black Rock this is the house on the corner. This is their neighbor down in the bottom. So, you can see that there is a lot of space in between these houses . Again, this is a house up in the upper right corner, this is still the same house and you can see they are neighbors. This is looking through -- kind of between two houses and you can still see the foothills. This is very common throughout our neighborhood . These are showing the spaces between houses as well, you know, and I just wanted you to get an idea of what we are talking about. We are talking about large spaces -- people want large lots. They want to have neighbors, but they want to enjoy the green space. You want to see the foothills and that's what we have up there. So, this is Meridian City Council August 15, 2017 Page 66 of 100 between two houses as well. So, this in my backyard. Okay. So, I'm standing behind my fence and you will see there is two houses down from me, but it's still very open and I can still see the foothills. I'm not on the rim. So, this is the -- this is the rim on the east side and you're looking at three houses -- would be right behind this house showing right here. Right here there would be three houses in their backyard. I just -- it doesn't provide a very good trans -- transition. This is, again, the same and I also wanted to point out -- I know my time is coming up, but this slope right here is not very tall. So, this person right here with -- with the triangle backyard -- I mean how high is the house behind them going to be? This is the other side. This is Sky Mesa now. Where there is a one to one. So, Sky Mesa -- the Boise Hunter Homes has set a precedent of a one to one. This is on the other side. It's already there. And that's what we are asking for, something comparable on the other side. This is also Sky Mesa and this is how much space they have between their houses in the higher density lots. This down below -- this is that roundabout everybody's been talking about. Or not the roundabout, but that football shaped thing on Marsala, this is a picture of it. This is in White Bark and this picture on top is in White Bark, too. So, just -- this is a different feel when you look at these pictures than up above. There is not that open space. That's what I would like to point out. Any questions for me? De Weerd: No. Thank you for sharing that. Herwy: Okay. Thank you. Coles: Merllee Andrew signed up against. I'm not sure whether or not to testify. De Weerd: Good evening. Andrew: Merllee Andrew at 2417 East Taconic Drive and I wasn't planning on speaking, so I apologize for my chicken writing here. I support all the neighbors and their concerns, but I'm actually up here for my own selfish reasons. I need to explain that that lot that Christie was talking about, the one with the three houses below it, that would be me. We bought our lot in 2015 and we didn't buy it blindly, we did our research, we knew that there was going to be growth , we knew that it was going to be developed. We did our research and we found out that it was zoned for an R-2, we were very happy with that. We, then, talked to a Sky Mesa representative and asked them what their intentions were with that other side of the land and we were told that they were going to match exactly what they did on the other side. So, that they were going to match each lot. That's what we were told and we were very happy with that result and chose to go ahead and buy the lot and build. I don't think they had any reason to lie to me , because they weren't -- they weren't developing or building with the Hunter Homes. I think that that was their plan initially, but with all the growth and the big boom that they just wanted to change everything and make more money. So, now -- when we bought the lot we had a one-to-one ratio, that was what we thought we were getting and now I have three rooftops below my home. My house has been recently valued at 1.2 million Meridian City Council August 15, 2017 Page 67 of 100 dollars and I just think that that's not an appropriate transition for three houses below me and we haven't talked a lot about the height restrictions either and the - - the picture that she showed there was -- it staggers, it steps up and my lot is the lowest and, then, it goes higher and higher. With those three lots -- those three houses blocks my million dollar view that I did pay for. So, we have heard from a representative from Sky Mesa that was a paid and educated and she knows all the right things to say and has the right measurements and -- and the stats, but I ask you to listen to those who it affects the most. Hunter Homes will make their money. People are going to come regardless, whether it's 200 homes or 300 homes, Sky Mesa will be built, but I just ask you to listen to those who are affected the most and the people who have the most to lose that have invested their time and their money and their families. There's three houses right now for sale for the last three months -- over the last month in our Black Rock neighborhood, because they have -- they have lost what they have bought into and I think that's really sad that they are losing what they have invested into. My very first time that I ever stood here a couple of months ago Madam Mayor made the statement of let's do it right, we only have one chance to make it right, and I just ask you to consider that same statement. I have used that in my own life since then and it works great on teenagers, too. Thank you. De Weerd: Thank you. Coles: Don Cantrell did not indicate for or against and does not wish to testify. Michelle McCumber signed up against, not wishing to testify. Megan George signed up against, not wishing to testify. Al Beulut signed up against, not wishing to testify. And that concludes the sign-in sheet. De Weerd: Thank you. This is a public hearing. is there anyone who wishes to testify? Yes. Litenman: Yolanda Litenman. De Weerd: Thank you. Litenman: 5662 South Graphite Way in Black Rock. We have been here before. You heard a lot of the same things when we all want it to be rural, nice green, but my main thing is to highlight -- because everybody's been talking about the traffic. The traffic is horrible. It's frightening. And one thing that I did not hear tonight was the amount of traffic caused by construction. There may be ten construction cars per new house built. So, we have a few new houses going in in our neighborhood in Black Rock, but the streets are very wide, so the congestion isn't too awfully bad. It's bad, but it's not that bad. But if we choose to go out that connector road through White Bark to Amity that we were talking about with the base -- the basketball roundabout, the construction trucks park on that and you can't even get through, let alone a fire truck. So, with the amount of homes that are going in at the same time, in going through Sky Mesa and White Bark it's -- it's just Meridian City Council August 15, 2017 Page 68 of 100 construction trucks back to back. It -- I have had to back out or pull into someone's driveway to go back out to Taconic, because I couldn't get through. So, there is no way for an emergency vehicle to get through and it's -- you know, the existing Sky Mesa is still under construction. There is still construction in White Bark and, then, getting onto Eagle Road we have the Hill construction on that side. All of us converging on that intersection on Eagle. It's -- it's just really frightening. I wish all of you would come in and visit during 8:00 o'clock, 5:00 o'clock time frame, it -- we all share -- the middle part we share both directions. One little turn zone in the middle of Eagle Road and there is big semi trucks, gravel trucks, cement trucks using it also and I -- I just hope that you consider the impact of so many homes going in, especially at the same time. De Weerd: Thank you. Litenman: Thank you. Any questions? De Weerd: No. Okay. Any further testimony? Okay. Would the applicant like to summarize and respond. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. I guess transportation -- a lot of comments have been brought up about transportation. Taconic is a collector. The traffic counts on Taconic were 922 vehicles per day. A local street can carry up to a thousand. ACHD staff indicated in their meeting last week that it's a 13 percent of its capacity right now. Thirteen percent. Now, we are going to go in and bring it up to an urban collector, which includes a bike lane. So, we will be adding a bike lane. That's in your ordnance. That's in ACHD's policy manual. As far as safe route to street -- safe -- safe routes to school. Sorry. Getting late. The school district I believe this week will be installing a HAWK signal at Taconic and Eagle Road, so that children can safely go across there to get to the east side to go to the Hillsdale Elementary or over to the Y, so -- and Hill Century Farm is updating their traffic study right now and they are analyzing if it now meets the warrant to install the round about and that's why ACHD is having us participate or either sign the cooperative agreement and ACHD has plans, now that the Albertsons is going in, they are going to expand that roundabout at Amity and, then, they are also going to widen Eagle Road and, then, ACHD intends on widening Eagle Road from Amity to Lake Hazel. So, they are thinking ahead of this growth in anticipation that you guys have the Y out there, you have a regional park that will be south of Lake Hazel, you have an elementary, there is significant growth going on. Hill Century Farm is all R-8. Their density is significantly higher than ours and we have built a turn lane with Southern Highlands at that Taconic intersection. We will also be building another turn lane at Marsala. The basketball roundabout that they keep bringing up, that is for traffic calming purposes, according to Ada county Highway District and that's why it was put in there construction. Now, in the second phase that's under construction now, that will give a second access in there. It also will have a basketball median. We only have a certain amount of choices as far as traffic calming. Now, where the Meridian City Council August 15, 2017 Page 69 of 100 commission left it is they said with our first phase that we will work with the district staff to come up with a traffic calming measure. My recommendation is that we have traffic calming right there where our collector meets Taconic, where the pool facility -- then having something that's pedestrian friendly. One of the things that - - that I -- I like, whether maintenance at ACHD will allow us -- is where we have a raised pedestrian walkway that the cars go over, but it, obviously, instills in the drivers that this is a pedestrian crossing, it's pedestrian friendly, it's posted at 25 miles per hour. As far as Ten Mile Creek and the pathway, your pathway is designated on the north side. It's on the north side in Hill Century Farm. Now, I talk to John Anderson, their maintenance road is on the south side. I do have a common lot right in the middle of that block , so that people could walk down that maintenance road along there, but what John told -- or what Greg told me is -- Curtis -- is that he doesn't want pathways on both sides . The city has to choose one side or the other. As far as the larger lots. Now, those lots at Sky Mesa are 20 feet above us. So, we are at a lower elevation. That's also a natural slope that's there. Where Southern Highlands is that slope is higher, it's 25 feet maybe plus, and that's fill material where they went in and they -- they filled in through there and they -- they pulled that material down and built that slope. So, when we have a natural stabilized material, it's a lot easier to deal with than when you have what we call disturbed soils. Are entrance at Taconic. That's a right-in, right-out. ACHD staff reviewed it, so did our Six Mile, they did an extensive study and analyzed that. That right-in, right-out there is safe. That is for safety purposes for two points of ingress and egress. We are also providing a driveway access to property to the north of us. Scott Fulcher, who I worked with closely as far as that -- making a vehicular connection and a sewer and a water connection to him , so that he could remove his access off of Eagle Road. And the Comprehensive Plan, what's before you complies with the Comprehensive Plan. We are well under -- the medium designation is three to eight dwelling units per acre. We are 2.83. Even with the low density it allows up to three. We are below that. There has been a lot of collaboration and effort that's put into your comp plan. I have been to more meetings over the years in the past 27 years I have been doing this. As your comp plan I have every version there ever was transitioned and there is a big public process that goes in and over time things change, but one thing that we always have to look at is what is economically feasible, what will provide a diversity of housing that people can afford. Not everyone can afford a 1.2 million dollar house in the City of Meridian and so we have to provide good, quality neighborhoods. Sustainable neighborhoods are part of diversity and when we have neighborhoods with single product and maybe that product is all low end and you don't have walkability, you don't have amenities, things that are not applicable here, because this project has all of those ingredients of a sustainable, walkable neighborhood. This is very similar to Bridgetower. I had the same mixture in Bridgetower and the density was just a little tiny bit lower, but it was based on the same -- the same type of plan with collectors, open space, four different -- four different products. Mr. Hunter has been a very good neighbor to the Black Rock neighborhood. He has allowed them to utilize the swimming pool within Southern Highlands for a nominal fee of a couple hundred dollars a year. He has, you know, extended his Meridian City Council August 15, 2017 Page 70 of 100 -- his hand out to them and wanted to make sure that they felt like a part of his neighborhood and he wants nothing more to then maintain a high quality development here. Lastly, before my time runs out, on the conditions, I want to make sure that on 1.1E, as far as our primary amenity facility, that that be phase three and not phase two and the reason being is phase one and two are all to the north of Taconic. So, when we move south, then, the amenity will be built. We will also have playground facilities and 1.6 acres of a linear open space in the north portion. We also have an existing pool that will be available in Southern Highlands to our residence in phase one and two. So, I ask the Council to allow me to build that with phase three. Secondly, the staff has indicated that I do need Council to provide me a waiver on my block length next to Ten Mile Creek. Now, what you see before you in the landscape plan does not show that there is a 10,000 square foot common lot that does break that block that does provide access to the Nampa- Meridian gravel maintenance roadway. Also it is imperative that we utilize that slope easement and you allow us to develop this with the larger lots and that the CC&Rs mandate that they will be maintained by the HOA. As long as it's maintained, it's in there, I mean we can even provide a plan for the staff to look at, which I have done with some of my other projects where we have slopes . We do not want a common lot there and the other thing I need to stress is staff indicated that the Council has to allow us to have our gravity irrigation easements versus putting them in a separate lot and I have some irrigation easements that are -- that I want to maintain. There are -- some of them are 15 feet. I think one -- one on the very far north is I think 20 and we believe that facility will be able to be abandoned, but I'm showing the easement there to protect it now, because it's just an overflow to the Beasley Lateral and when it's no longer an ag it you can probably go away, but I don't want to put a separate lot there for no reason . So, I ask that the Council consider that. De Weerd: Becky, you need to summarize. McKay: This is a good project that's before you. We have worked really, really hard, we spent a lot of time with different neighbors, some we have satisfied. Obviously some still have concerns. But I think this is a high quality project that -- that will benefit the city and I ask that the Council approve that. Thank you. De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Becky, I recognize you had a lot that you had to respond to, but can you pull back up your -- your site plan? I had -- there was a couple questions that come up about pathways and I have noticed that you have adopted some pathways through certain parts of -- of the proposal. That you have got that large common lot area in the northern part of the development that doesn't -- it doesn't appear to Meridian City Council August 15, 2017 Page 71 of 100 have any pathways. I'm just curious if you could kind of show us the reasons behind that, especially in that large common lot area. It just seems to me that would be an ideal place to have a pathway. McKay: Mayor de Weerd, Councilman Cavener, in -- on my preliminary plat I believe I show a pathway that runs up through there. The landscape architect -- I think he just missed that, but, yes, I -- I show a pathway that runs up through there. I think he got confused, because when they were piping in gravity irrigation pipes, so maybe he thought that was associated with the pipe. So, my pathways go -- we have some micropaths from the -- will this let me point? Cavener: That would be great if you could. McKay: There we go. Here we go. Okay. Now I'm rolling. Am I changing it? Okay. So, we have this pathway that comes here between the patio homes and that will lead right to that common area. Okay. Okay. I have another pathway that drops down here. We will have five foot sidewalk all along Taconic. A ten foot that goes all the way to the north boundary. The HAWK system signal will be located there. Then this is a ten foot pathway that goes all along here. I have pathways that drop in here. Pathways that drop out so they can go to the other pool facility. I have a micropath that comes out of this cul -de-sac and, then, yes, sir, I do have a pathway that goes all the way up to the north and then -- and, then, that one lot I was talking about is located right there. That is a green space lot that we could put a -- well, Craig Curtis didn't want me to put a pathway in it, because he doesn't like to promote people walking along the gravel maintenance roads. However, he recognizes the fact that people do. That's what he told me. Cavener: Great. And Madam Mayor, an addition question. Becky, what's the distance from that -- you said it's a right-in, right-out off of Eagle, so I'm just curious the distance from that right-in, right-out to -- it looks like Radiant Avenue. McKay: Two hundred and ten feet and that remains the same even when the dual lane roundabout goes in. Doesn't -- that does not change. And -- thank you. Let's see. Where is -- where is my roundabout? Oh. Where is the roundabout -- Sonya, is this one yours or mine? Oh, that one is yours. Yeah. So, I can get of show -- thank you. So, here -- you can see the channeler -- there I am. Here is the channeler right here. So, this channeler will come clear back. So, that will just be a right-in, right-out like that. And, then, when they want to make a left hand they will come here and, then, the same here. This will just be almost like a slip lane where they come in and, then, their full access, they can -- if there is blockage here or they feel unsafe there, I mean all I'm doing is creating two points of ingress and egress, which is typical for the Fire Department and plus your maximum cul-de- sac length is 450 and, then, I also have to have access up to this outparcel here. This is Scott Fulcher. Cavener: Okay. Meridian City Council August 15, 2017 Page 72 of 100 McKay: And I also coordinated with him on fencing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Becky, what is your timeline for phasing? When are you expecting to finish phase two and start phase three? McKay: I believe we were talking about doing design work this winter and , then, construction on phase one in 2018. Now, obviously, it's market dependent on how sales go. Right now in that particular project we have one -- one phase under construction and we are getting ready to go into the next phase. So, we are building two this year. So, possibly phase one and two, if market conditions, you know, are sustained at this level, then, he can potentially build two phases and, then, the third phase would be in '19. Milam: Madam Mayor? I have a question. The traffic study that was done -- McKay: Yes. Milam: -- do you know when -- when that was done? McKay: Yes. It was done -- they took the counts in October of '16, late October, and, then, they completed the study I think in December of '16. It's a new study. Milam: Yeah. I was more -- just wanted to make sure it wasn't during Snowmageddon. McKay: No. It was in October. The counts were October. So, during school, not during snow. Yeah. The Arctic winter. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Great presentation. McKay: Thank you. Borton: It really is. There is -- there is several truths that are apparent in reviewing this application and one of which -- which was touched on by some of the homeowners with regards to the quality of the product, but this applicant and Meridian City Council August 15, 2017 Page 73 of 100 Hunter Homes builds some of the best stuff around and we have seen really successful developments done before, which should give everyone some comfort that you have got a quality developer here. One of the questions, though, and some of the other truths are with regards to the comp plan, it's old -- or it is old and it's -- times have changed quite a bit and our south Meridian transportation plan is eight years old now. A lot of things have changed and the traffic generated by this it's just a grip of traffic, 2,700 cars a day. It's a ton. It just is. And so I don't think there is any way anybody can try and gain comfort that this just wouldn't generate a ton of traffic. it's just a matter of how can we address it best and one of the questions with regards to that magnitude of traffic ties into what's probably phase one. The lots up on Eagle Road, the patio lots -- McKay: Patio homes? Borton: Patio homes. McKay: Yes, sir. Borton: And if I see this and understand it correct, the football media, so to speak, that goes down Taconic to Sapphire or -- McKay: Yes. Borton: That wouldn't go in until the -- until the roundabout goes in. So, in light of even the initial traffic concerns on Radiant -- exiting Radiant, will I be able to make that left or do you anticipate having some -- how do we gain comfort that somebody can safely make a left out of one of the patio homes towards Eagle Road and not get clipped by somebody turning in on Eagle Road? McKay: Madam Mayor, Councilman Borton, we have to go in and expand Taconic. Borton: Right. McKay: Part of that expansion will be extending those medians if that phase were built prior to the roundabout. Borton: Okay. McKay: So, it would be impossible for anyone to make a left out . But we don't anticipate building the patio homes as -- those were kind of our latter -- Borton: Okay. McKay: -- phases. Borton: Okay. Meridian City Council August 15, 2017 Page 74 of 100 McKay: So, I kind of anticipate -- I mean no developer likes to make improvements and throw them away. Borton: Right. McKay: So, my recommendation would be to hold off until the roundabout goes in, the channelers are built -- Borton: Okay. McKay: -- and, like I said, we will be financially participating in that. We will also be donating the right of way. Also we will be relocating all gravity irrigation outside of that envelope and that approach, according to ACHD staff, is not in the influence area of the roundabout. Borton: Okay. So, the safety concern doesn't exist -- McKay: No, sir. Borton: -- early on. It's a traffic concern, but not the safety on the left, obviously. McKay: Right. Borton: Okay. McKay: But capacity does exist for this project. Yes, will be generating, you know, twenty -- twenty some hundred -- or 2,000 and some cars at build out, but you have Hill Century Farm with 675 single family lots -- Borton: Uh-huh. McKay: -- so they are going to be generating three times, four times what we are. Borton: Madam Mayor, a couple more questions. And I guess a comment to that. Sometimes that's a double-edged sword. When you hear an adjacent property have R-8, for example, it begs the question that perhaps that's even greater evidence to why this shouldn't be more dense. Right? If it's -- it kind of cuts both ways. I can see how it's an argument to be consistent with adjacent property owners and their density, but the flip side may be true that if it's R-8 across the street, all the more reason to -- to minimize the density here. McKay: Their lots are significantly smaller than ours and don't have the depth and -- and the -- they are a different type development. I did drive through there to get a feel for it and it's -- I think it's dissimilar to ours. Meridian City Council August 15, 2017 Page 75 of 100 Borton: Fair enough. Madam Mayor. One on the slope issue and the common area versus the easement, one of the -- I think that's a complicated issue and one of the issues that I have dealt with in a different capacity is that very issue and it was a litigation matter and what -- what challenge can arise is when you provide - - that private property -- the properties retained as private property and an HOA has provided a maintenance easement for it, what has happened is the HOA and whomever might be on the board, had taken it upon itself to maintain it in a manner in which they saw fit, which included removal of trees and landscaping that the private property owner put in and the HOA says, well, we have got the easement to maintain it and we don't want tall trees or we don't want this and you were -- you were stuck in a mess with now an HOA that is perhaps maintaining in too great a fashion and there is discord between the private property owners and the HOA. That challenge can only be remedied by going an alternative route , which is to -- to have that common area and have it owned and maintained and controlled in every sense by the HOA. So, the property owner, for better or for worse, understands and accepts the fact that that never was theirs, they don't have the right to plant upon it, place rocks, for example, and things that the HOA -- the HOA might remove. It seems like the common area is a viable option here. It might not be the preferred one, but still viable in light of the size of the lots and the depth of the lots. If they are 200 plus feet, that it still affords an adequate footprint to build a really quality home adjacent to Black Rock. So, I just want to get your sense on -- is the common area solution, even if not desired, it's still viable. McKay: Madam Mayor, Councilman Borton, I guess my preference from a planning perspective would be for the developer to come up with -- since we are only taught -- there are only nine lots there. So, it's not like, you know, there is -- you know, there is a large number to come up with a plan that we submit when we bring in that particular phase as far as improvement on that slope and those improvements -- I mean they could be put in by the developer so it's consistent -- Borton: Uh-huh. McKay: -- and it's obviously -- you know, in the CC&Rs there is a plan that's attached to it. It could be put in by the builder. I mean, you know, consistent with the plan. Borton: Right. McKay: Your ordinance does have some provisions for grading and hillside situations. I have had multiple projects where we did submit a grading plan . You know, there are plans for -- you know, you can have a landscape plan for that area and you can have a revegetation plan, you can have a maintenance plan. I guess I would leave -- you know, I would have to defer to Mr. Hunter, you know, how far he would want to go. All I do know is that he doesn't like the common lot idea and we have also seen situations where we did put a common lot that was required -- Meridian City Council August 15, 2017 Page 76 of 100 Borton: Uh-huh. McKay: -- and the homeowner association over the years decided, well, that only benefits those nine people and we don't see any reason why the other 207 -- 69 people need to pay for that and so they quit taking care of it and it was a common lot and so, then, nobody took care of it and we have had that happen, you know. So, that's not a failsafe to make sure that that is properly maintained. I would rather have a plan attached to it. Mr. Hunter nods his head, yes, that he would rather submit a plan to the city, to the staff, showing how that's going to be developed and, then, that's what's tied to it. The HOA would maintain it. Borton: Madam Mayor. The last question was -- I think the pool came up. Not its phasing, but the parking, but -- and maybe it's -- the staff report made reference to the future CZC -- CZC process that would specify at that future point how many actual parking stalls have to be placed there and the applicant's required to comply with city requirements. So, it's not -- it's probably not going to be four spots; is that correct? That's decided and specified at a future date? Allen: Madam Mayor and Councilman Borton, I believe I had a condition of approval in there that requested more -- do you recall, Becky? McKay: I -- I believe so. It's in the discussion and we did agree to it at the Planning and Zoning Commission, eight -- that we would have a minimum of eight. We will kind of, obviously, evaluate it, you know. If we determine we need a little more then -- Borton: I saw some conditions. McKay: We have ample room to add parking. It's not like that -- you know, that's 2.68 acres I think. De Weerd: Any other questions from Council? Bird: I have none, Mayor. De Weerd: So, Becky, I know the neighbors have raised several different issues that you have touched on with the traffic calming, but no clear plan. The slope, but no clear plan. The parking, but it's not noted on the map. I think there -- the first gal that testified, Lisa, mentioned something that came up during the Ada County Highway District meeting in terms of the projections for traffic exceed what was planned and I know that over -- over the last decade that the city's really struggled with -- you project out numbers of trips and when it exceeds that what happens. You know, who -- who is going to -- to help mitigate that additional impact and is it always the last one in that has to, because the person across the street exceeded what their densities were. At some point something needs to budge and there needs to be solutions and I haven't heard that solution today. The additional Meridian City Council August 15, 2017 Page 77 of 100 concerns are ACHD looks at things in to -- specific to that development and not the cumulative impact of what all the traffic issues are around there and one of the big gaping deficits is that five year plan for Ada County Highway District doesn't give a lot of relief to south Meridian, yet we continue to put more traffic load on those roads that have no plan for improvement . That's what I get hung up on is this is lower density than across the street, but it's higher density than was anticipated. It's lower density in a part of it, but higher density in others and this Council in the past has really always looked at that transition on a one or 1.5 transition to what they are abutting against and to have three lots to one doesn't seem equal. There is the question about the slope and I will tell you what, if I was one of the those property owners that -- that got that and an HOA was maintaining and dictating to me what I could do on the property I pay property tax on , I would have an issue with that. So, I think that is an outstanding issue that needs some kind of clarity. I don't vote, but I would hope that that's something that we have clear expectations not only for the neighbors of this subdivision , but for the potential buyers as they buy those lots to know what they can and cannot do when they are paying taxes for it. I think that Hunter Homes -- Boise Hunter Homes, sorry, is an outstanding developer and they do have great developments, but there are a lot of issues that seem to still need answers. McKay: Madam Mayor, I guess I'd like to address a couple of those. One as far as the transportation is concerned. In the traffic study that Six Mile did, they took into consideration Forenza Plaza, which is the Albertson's. They took into consideration the Hill Century Farm, East Ridge, Sky Mesa, Southern Highlands and White Bark and they do look at what is that background traffic and what is the growth rate. Now, where you see the disconnect in the COMPASS is COMPASS has a two percent growth rate. Has Meridian been growing at two percent? No. So, that's -- as far as the statement that this property is developing and generating more trips than was anticipated, that's not what this COMPASS report is saying. What this COMPASS report is saying is that your area is growing faster than their two percent. But as far as all that background traffic, all of that is taken into consideration and ACHD said that their -- the burden is on Albertson's to -- to convert that roundabout at Amity to a dual lane, they are going to widen out Eagle Road to full build out. ACHD is working with Brighton, because Brighton is the number one traffic generator as you go south of Amity and, then, we will be contributing to that traffic also. So, they are going to do a full build out down to Taconic and when they do the dual roundabout. So, it will be built out to its full capacity. So, ACHD is being very proactive and in COMPASS -- it was mentioned, well, there were 17 things that -- that this project doesn't meet as far as their checklist. Well, we, basically, don't meet compact housing, a minimum of seven dwelling units per acre, which promotes mass transit. So, that's a black mark. I'm not in the downtown core, you know, that's a black mark. I don't have mixed use development. That's a black mark. They didn't take into consideration the grocery store is coming in. They didn't take into consideration there is a new school there. I mean when you look at the checklist this is a disconnect and the ACHD commissioners understood that and the Chairman Paul Wood said, well, if this is Meridian City Council August 15, 2017 Page 78 of 100 so off base why don't we -- I mean why don't we get with them and get a checklist that makes more sense and does apply to the suburbs and doesn't rate a project low just because it's in the suburban areas. Commissioner Hansen was the only one that disagreed. But -- but I do feel that there is -- they are taking a pro -- ACHD is taking a proactive approach and they want our traffic calming plan with our first phase, not with the latter phase, not when it becomes a problem, with the first phase. They are willing to look at alternatives, other than speed bumps they said or chokers or some type of a median , which they don't like in White Bark to slow the traffic. So, I think, you know, ACHD is stepping up to the plate and they are going to be spending their own money to rebuild Eagle Road they told me and -- De Weerd: Glad to hear that. McKay: Yes. So -- I mean I was -- I was really excited that we are not looking five years, ten years down the road, we are looking, you know, within the next couple of years to solve those problems. As far as the -- the lot and the easement, Chad came up to me and he indicated, you know, if the Council is adamant that that be a separate lot, they can live with that, but it really only needs to be 35 feet wide and, then, it narrows -- that slope narrows down to 15 feet. So, I don't want to put any more in there than I absolutely have to if it's not sloped. I think that staff had 50 feet, but in looking at it and we have evaluated it based on the actual ground topo that it's 35 feet at its maximum, narrowing down to 15 feet. So, we will go ahead and put the common lot in there, then, that will put that issue to rest and we have -- we have worked our tails off to try to, you know, like I said, transition this and you -- you will know that I always try to work with neighbors and I watch the East Ridge hearing, watched the Council's comments to them, before -- before I laid this out and so that's why I had 222 feet foot depth s, 150 foot depths. My recommendation was 100 foot wide lots. So, you know, we are 0.42 -- we are almost a half acre below an acre -- acre lots and they are elevated above us, so it's not like our backyards are, you know, right together and now we are going to have a 35 foot common lot separating us, so -- have I answered all the questions? I think I'm running out. De Weerd: You have answered them, but I -- I guess until you see what that all means and it's on -- it's one thing to approve something that is not on the plat. McKay: We show the easement on -- I provided an updated plat to Sonya last week, which shows the 100 foot wide lots. It shows the easement which we will make a common lot. So, I made all the changes that staff asked, with the exception of instead of dropping two lots next to Black Rock, I dropped one, and that made my lots 100 feet wide. If I drop two lots it makes my lots 120 feet. You're talking 20 feet. But she does have an updated and I did address all of staff's comments. Do you want to -- Mr. Hunter says he will drop one more lot. Meridian City Council August 15, 2017 Page 79 of 100 De Weerd: Is that the easement in the topography? The topo? For the slope area. The map that she -- the plat that she was referring to, that -- that separated out the -- the slope into the -- an easement. Allen: Yes, Madam Mayor, the revised plat does show that. It's right there. McKay: That's it. See the dark area? That's it. That's the slope right there. And, then, we will remove an additional lot here, so they will go from nine to eight. Originally there were ten. All other staff changes have been made to the plat. De Weerd: I think you have talked about each of the things that I have brought up that I noticed from the testimony. I know that Mr. Cavener brought up the pathways. You mentioned the bike lane. You would be putting in the crossing at Taconic -- Taconic right prior to anything? Is that the -- the HAWK signal? McKay: Yeah. Right -- right here. This is -- this is the pedestrian friendly -- the HAWK signal is being put in by the school district right here. De Weerd: And that is -- how does that relate to the roundabout? McKay: How the HAWK system -- system will function with the roundabout? I could not tell you if they have to go in and reconfigure it. I'm not sure. They will have to have a HAWK signal to safely get across with the roundabout, but how -- if it's -- if it's a different setup than what they are putting in this week, I can't answer that question. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I see Justin out in the -- De Weerd: I know. I was just eyeballing him. Milam: And we could ask Lieutenant Caldwell, because I know he's got some stuff to say. De Weerd: Hi, Justin. Lucas: Madam Mayor, good evening. Members of the Council. For the record my name is Justin Lucas. I represent the Ada County Highway District. Business address 3775 Adam Street in Garden City, Idaho. Madam Mayor, your question is specifically about the HAWK signal going in and how that will be -- deal with the roundabout. So, the HAWK signal is going now -- that was one of the requirements of the Hillsdale Elementary School. We have worked very closely with the City of Meridian over the years to ensure that when the schools go in the requirements Meridian City Council August 15, 2017 Page 80 of 100 for those signals go in. We did that at South Ridge and we did that at Hillsdale and we are trying to do that -- do a very good job of that. The specific question about how that HAWK signal will work with the roundabout will be dealt with in the design of that dual lane roundabout. As part of dual lane roundabouts there are design options that include signalized pedestrian crossings and so that is something that has been done in other places. It is something that can be done and it is -- I can't say it's the ultimate solution at this location, but if, indeed, there are children crossing there, it's very likely that through that design there will be a consideration for some type of stop control crossing for the school. De Weerd: Justin, why wouldn't they just put a traffic light instead of a roundabout? I mean roundabouts are frightening, especially trying to cross the street by a roundabout and having kids do it. It just -- it's frightening. Lucas: Madam Mayor, Members of the Council, I -- I do appreciate those concerns. All of the data tells us that they are safer. All of the traffic engineering data tells us that they are safer. A standard signalized intersection when you have T-bone crashes, which are the most dangerous kind, those are eliminated in roundabouts. Now, the pedestrian crossing issues often have to take place -- not -- people think of it happening in the roundabout. Oftentimes it has to take place outside of that kind of immediate influence area, but there are very good options available to do roundabouts near schools. One of our most successful recent projects was a roundabout directly adjacent to the junior high school in Boise near Catalpa and Hill. It's a roundabout adjacent to a middle school and it has been very successful and one of the big concerns going into that was what about all of these middle school kids, who are actually the higher walk rate than elementary school kids, and it's been very successful. So, those concerns are real. It's something that ACHD is constantly looking at, but all of the data and all of the -- all of the history on roundabouts is showing us that they are actually safer. Now, there is certainly a learning curve for the driver and as we get more of them in Ada county, we -- we -- we expect that people will become more used to those and that the driver behavior will, you know, accommodate the roundabouts and so that's -- it may not be the response you want, but that's the -- that's the response and the -- and the research that is -- that is supporting that. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will be one that is -- is pro roundabout. I do -- I share some concerns about the pedestrian piece, but I trust the traffic engineers on -- on their expertise on that particular element. Justin, my question for you is about this 226 feet off of Eagle to -- on Taconic to where the -- the patio homes are. Just curious if you could show us just a little bit more about ACHD's perspective on that. Again, I'm not a traffic engineer, but just what I see as an influx of vehicles that could stack Meridian City Council August 15, 2017 Page 81 of 100 up in that area and create a pretty potential traffic hazard both for motorists and for pedestrians coming off of that -- that HAWK signal. Lucas: Sure. Madam Mayor, Councilman Cavener, yeah, I think at that specific location it's a question of scale. I don't know exactly how many lots are in that -- those little pods, but it's not that many and the -- the right turn -- 15 and 24. Okay. The right turns -- because there is going be that median there restricting it to right turn only, it -- the staff, as we looked at it -- as we analyzed it, as we looked at the traffic study, staff felt it was a reasonable modification to our policy. So, about a 30 percent reduction from the actual policy and staff -- our commission at that level granted the authority to the staff to make that call. So, it was described as a variance. That's not necessarily the way you think of a variance, how -- how it was actually approved. It's just a modification to policy based on the specific context of the development and it was at a level that we found was reasonable . Cavener: Okay. De Weerd: Any other questions while we have Justin up here? Thank you. Lucas: Thank you. De Weerd: Becky, any additional comments? No? Council, further questions for the applicant? Bird: I have none. De Weerd: Anything further from staff? Borton: Oh, I do. Madam Mayor? De Weerd: Yes. Borton: I do have a question for the applicant with regards to the irrigation easement comment that was made. Was there a specific condition of approval that addressed that that you had suggested changes to or is there a specific condition that needs to be added to account for your concern? McKay: I believe it was in 1.1.2 and I -- yeah. So, I respectfully request to City Council allow easements within the building lots for the pressure irrigation mainline and gravity pipe and for the private irrigation facilities, because according to staff your code indicates that any easement over ten feet shall be in a separate -- may -- or should be in a separate lot and I have a 15 foot easement and, then, I have a 20 foot easement I believe on the north, but that ditch may be -- we may be able to abandon that one. We are not sure. So, I want -- I want to keep those in easements, not separate lots. Meridian City Council August 15, 2017 Page 82 of 100 Borton: Madam Mayor? Question now goes to staff. Any question or concern with that explanation? De Weerd: You want to -- Allen: Excuse me. Madam Mayor, Councilman Borton, not necessarily. It's up to council's purview whether they approve it or not. Becky is correct, that is what our code requires. McKay: And, then, of course, the waiver of the block length next to Ten Mile Creek and the phase three for our full facility. I think that covers it. Borton: Madam Mayor? Is that the start of phase three? How does that get the -- McKay: It would be constructed with phase three. Borton: At some point during the -- that phase. McKay: As soon as we move to the south side. Yeah. That first phase on the south. The first phase on the south side. De Weerd: So, how many homes is that before that -- that's triggered? McKay: Wow, that's a really good question at 10:00 o'clock at night. I don't know -- I'm not sure how many we have to the north . Chad, do you? De Weerd: Because that's just -- the larger part of your open space. McKay: The larger -- the largest number of lots are south of Taconic, so I think -- I don't know. I didn't count them. I couldn't guess. I would have to go back and count them very quickly if you take a break. De Weerd: Council, I would love to take a five minute break, so -- no, not in 12 hours. We will reconvene at 10:25. (Recess: 10:16 p.m. to 10:27 p.m.) De Weerd: Okay. I'm going to go ahead and start this meeting again. Okay. Hi, Becky. McKay: Hi. De Weerd: Sorry. Meridian City Council August 15, 2017 Page 83 of 100 McKay: No problem. I have a count for you. There are 104 lots, excluding the patio homes to the north. So, Mr. Hunter says when we hit that one hundred lots, then, he will build the second full facility there on the south side. De Weerd: Well, I appreciate that, giving a resolute so it's not sometime, at the beginning, at the end -- that's appreciated. Council, any further questions for -- for Becky? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a question, Becky -- I recognized the conversation has shifted a lot tonight, but you assured earlier that Mr. Hunter had opted to remove another home off that series of homes that faces the -- the Black Rock Subdivision. Are you able to kind of -- do you have a -- I don't know if you have a design to show us what that layout would look like. I don't know if that's something that you had anticipated or had had a proposal ready, like you have with some of the other things. I just -- I'm trying to get a sense as to, you know -- I recognize that you say it cuts about 20 feet off each lot, but as for me my biggest concern, as someone who had three backyard neighbors, I don't -- didn't care for that and I wouldn't want to subject any of our other citizens to that if possible. If you are able to showcase that for us that would be really, really helpful. McKay: Madam Mayor, Councilman Cavener, what -- yeah. What we would do would be to remove -- I miss my little pointer. Remove this lot here and, then, try to widen these out, so that we minimize the number of lots that back up. Obviously, like -- this is the hardest lot, because this is a side lot line, so, you know, this -- this is running 200 and some feet and like I told you , this depth here is 222 feet. So, we will try to add it -- they may be -- you know, we may be able to just shuffle them so that we get two lots here and, then, reduce the number that back up. This -- this lot only has -- not even a half of a lot and, then, here this -- this particular lot just has one and this particular lot has -- well, he will be oriented this way. So, it's -- it's just spreading that width out and I will try to fan those rears out a little bit, so that that that helps. It's -- it's pretty easy and I can send something to the staff to have staff evaluate it and approve it. That that -- assuring, you know, that the Council -- that that's -- you know, that makes sense. That's the best. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council August 15, 2017 Page 84 of 100 Milam: Becky, when you do that and you get to the point where you're drawing those out and you -- if it doesn't work are you willing to eliminate another lot? Because that's pretty critical to me. I think three is just not acceptable period. McKay: Okay. Milam: So, if you can't make those two max on any one -- McKay: Two max? Okay. Milam: -- lot then my suggestion would be to remove another on and I know that - - that hurts, but it hurts them more than it hurts you. McKay: Madam Mayor, Council Woman Milam, I believe that we can meet no more than two. Yes, ma'am. Milam: Thank you. McKay: So, if that -- if you put that in the -- in the conditions we can abide by that thing. Milam: Thank you. De Weerd: Anything further from Council? Okay. Tha nk you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Council, do you need any more public testimony? If not I would make a motion that we closed the public hearing for H-2017-0068. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For discussion, I -- you beat me to the punch, Mr. Bird. I was going to suggest leaving the public hearing open and a lot has taken place today, there has been a lot of good input from the public and a lot of good remarks from -- from the applicant and a lot of changes that have been made and the -- one of the more significant ones is the -- the transition of these lots. I have a list that we have kind of gone through, but I would prefer to leave it open, have the applicant bring back Meridian City Council August 15, 2017 Page 85 of 100 a revised plat that depicts some of the things that were addressed . There has been a lot of compromise made to the applicant's credit that I think might be able to be displayed and presented. I don't want to continue this for the sake of it, but if it's a matter of a week to make sure we are all on the same page, I would just as soon do that and if -- and if there is anything that triggers some new input that's needed, leaving it open might allow us to receive that. Bird: Madam Mayor, I have no problem if they want -- I can pull my motion to close it, but are we going to come back and sit and listen for three hours to the same testimony? We -- De Weerd: You're retired, you have nothing but time. Bird: But I'm old, too. I sat through the 2:00 and 3:00 o'clock in the morning meetings. I have no problem leaving it open if we -- if we don't have to hear the same testimony like we do 90 percent of the time you get the same testimony up there. So, I have no problem continuing it -- public testimony one week, but -- and that's to get a new revised plat that we can physically see and I felt that the applicant has -- has answered the questions. I mean we are going off a lot of stuff, we are going off the COMPASS stuff, which is false, as normal. So, I -- I will pull my motion and make a motion to continue it. But I want it on conditions. I don't want to sit here for three hours again. Cavener: Madam Mayor? De Weerd: We are going to miss you, Mr. Bird. Mr. Cavener. Cavener: I, for one, am -- am supportive of -- of continuing this for a week to bring back a clean plat. Contrary to Mr. Bird, I'm -- I'm satisfied if we have to have another three hours of testimony if the testimony warrants that. I don't think the public would want to go through -- this exercise again, but what we have found is that the applicant has been very open to working with the neighbors and answering some of their concerns. Likewise, we have a neighborhood group that has been very organized and active on this issue and to give them the opportunity to provide some comments on the changes to me would be beneficial as well. De Weerd: So, I think it would be helpful to at least summarize the -- the things that you would like to see the applicant come back with in -- in the plat, with the -- the change of the lots, with the de-notion -- or as shown with the -- the easement on the slope. I know Becky mentioned the -- the parking things and that's not her design, but as Councilman Borton mentioned, that is important maybe the -- the suggestion so you can visualize what that traffic calming would be , where your major collector meets Taconic. I would be really interested and I know that the traffic circle doesn't -- isn't being designed or built by ACHD until 2020, I believe someone mentioned. Or at some point. What that makes that main entry look like. Can you do that? It would be nice to see how it kind of works with the -- the Meridian City Council August 15, 2017 Page 86 of 100 entrance into the -- the townhome areas and if ACHD will give you some idea of what that traffic -- that HAWK light signal will look like and where it goes. Is there anything I have missed in the discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'd also like to see how the -- the slope is incorporated in with the -- with the landscape plan. The common lot. Yes. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think you might have touched on it, the median that -- that is on Taconic that impacts the patio homes that comes off the future roundabout. This is just to note they might not be depicted in the -- in the revised plat, but there was a reference -- because it came up in discussion -- the bike lanes that are included. Obviously, the removal of the two lots, the -- that that limit no more than two lots adjacent to the Black Rock as Council Woman Milam has referenced. The condition that the pool starting on lot -- I don't know if it was lot one hundred or lot 105. Basically, the start of phrase three. Just for the applicant's review of some of the conditions. The block length exceptions on Block 5 in the southern block length, those exceptions I don't have any -- I didn't have any concerns with granting that request, nor the request a change in the easement language and 1.1.2 and appear to be appropriate, unless staff comments, and I think somebody had mentioned the traffic calming to see what those specific solutions might be, I think that would be helpful as well. De Weerd: You need a look into pillows. Sounds a soft solution. Anything further? If not, I would entertain a motion to continue. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we continue Item E, H-2017-0068 to August 22nd, for the applicant to address concerns and comments that were just made by the Mayor and Council and provide an updated plat that depicts all of those changes. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Meridian City Council August 15, 2017 Page 87 of 100 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just one comment. And that's just, I guess, some feedback for Council over the next week and it's -- it's an area that we haven't discussed tonight and I guess I wouldn't expect a response from the applicant, but it's a concern that I still have and that is the loss of -- of R-2 zoning in Meridian and we talk a lot about diversity of housing. R-2 contributes to that. There is some significant steps up and I guess I still just have some concerns about that loss to the area . If we truly are committed to diverse housing, it's not just R-4 and it's not just R-8 in my opinion. De Weerd: Okay. The motion is to continue to next week. All those in favor say aye. Any opposed? Cavener: Nay. De Weerd: Nay. Okay. Motion carried. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. F. Public Hearing for Kingsbridge North Subdivision (H- 2017-0065) by Jarron Langston Located 3475 E. Falcon Drive 1. Request: Annexation and Zoning of 5.07 Acres of Land with an R-4 (Medium Low-Density Residential) Zoning District; 2. Request: Preliminary Plat Approval Consisting of Ten (10) Residential Building Lots and Two (2) Common Area Lots on 5.05 Acres of Land in a Proposed R-4 Zoning District Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The next item on the agenda H-2017-0065 is a matter I have not been involved in and will continue that and recuse myself from hearing this application. De Weerd: Item 9-F is a public hearing for H-2017-0065. I will open this public hearing with staff comments. Meridian City Council August 15, 2017 Page 88 of 100 Allen: Thank you, Madam Mayor, Council. The next application is a request for annexation and zoning and a preliminary plat. This site consists of 5.06 acres of land. It's zoned RUT in Ada county and located at 3475 East Falcon Drive. Back in 1974 this property was platted as Lot 7 in Golden Eagle Estates Subdivision and a record survey was recorded a couple of years ago that slightly reconfigured this property. The Comprehensive Plan future land use map designation is low density residential, which, again, is below three acres -- three or fewer -- excuse me -- units per acre. The applicant is requesting annexation and zoning of 5.06 acres of land with an R-4 zoning district, consistent with the low density residential future land use map designation. A preliminary plat is also proposed as shown, consisting of ten single family residential building lots and two common lots. The minimum property size is 16,409 square feet, with an average lot size of 18,731 square feet. A gross density of 1.9 units per acre is proposed consistent with the low density residential designation of three or fewer units per acre. The subdivision is proposed to develop in one phase. There is an existing home on this site, as you can see right here at the end of the Falcon Drive cul-de-sac. It is proposed to remain on a lot in this subdivision. Access for the development is proposed via an existing stub street, South Lyford Avenue, at the south boundary. Access for the existing home will remain via Falcon Drive. A 20 foot wide common lot with a ten foot wide emergency access only driveway is proposed via Falcon Drive to South Lyford Avenue and that is right across here. Because all lots exceed 16,000 square, a minimum five percent qualified open space is required to be provided within the development, rather than the ten percent typically required. Open space consists of the areas where pathways are proposed to the east and west sides of the development and parkways along internal streets. Two micropaths are also proposed as amenities. The McDonald Lateral runs along the east and north boundaries of the site, within an easement ranging from 15 to 30 feet in width as depicted on the plate. You can see this dotted line right here shows the easement. The lateral is proposed to be relocated and piped along the rear of Lots 12, 13 and 15. The UDC requires irrigation easements wider than ten feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area unless modified by Council at a public hearing. The applicant is requesting Council approval for the easement to be located within adjacent building lots as depicted on the plat. Staff supports the request, because requiring an easement within a common lot would create an open space corridor behind building lo ts that is unable to be seen from the internal street. Conceptual renderings have been submitted for this development as shown that represent what future homes will look like within the development. The Commission did recommend approval of the proposed applications. Todd Lakey, Borton Lakey Law, testified in favor of the applications. No one testified in opposition. Written testimony was received from Jarron Langston, the applicant's representative, and there are -- there were no issues of discussion at the hearing or no issues discussed by Commission. The Commission did make a change to the staff recommendation at the request of staff. A modification to conditions 1.1.2K, 1.1.3H, and 4.4 to change the width requirement for the emergency access driveway on Lot 9 from 20 feet to a minimum of 12 feet, with a minimum five foot wide landscape strip on each side, Meridian City Council August 15, 2017 Page 89 of 100 for a total of 22 feet minimum and modification in condition number 4.5 to require bollards instead of a gate across the emergency access driveway to facilitate pedestrian access. These were both approved by Fire Department. Outstanding issue for Council is the applicant is requesting Council approval, as I previously mentioned, for the 15 to 30 foot wide easement for the McDonald Lateral to be located within adjacent building lots along the north and east boundaries of the site, rather than in a common lot as required by the UDC. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Good evening. Thank you for hanging out with us this evening. If you will, please, state your name and address for the record. Lakey: Thank you, Madam Mayor, Council Members. Appreciate the opportunity and it's always a pleasure to hang out with you. My name is Todd Lakey. Address is 141 East Carlton, Meridian, Idaho. 83642. And, Madam Mayor and Council Members, it's my hope that we continue to occupy the least controversial portion of your public hearing agenda tonight . We would like to thank staff. Sonya did a great job in analyzing this application and putting together a staff report. I just want to emphasize a couple of high points and I will be brief. I think our lack of opposition comes to a large degree from the property owner's approach with the neighbors and with staff in working together to -- to reach a collaborative project that fits the character of the area. It's a pretty full, straight forward, smaller application for a residential project. Ten lots on just over five acres. These will be high quality homes and it meets the demand that you were just talking about previously. We are really developing more of an R-2 zone, even though we are asking for R-4, because we are surrounded primarily by R-4 on three sides, but our plat comes forward with -- with lots that range from just over a third to just over a half acre in size. So, that's comparable. It's low density. Our gross density under the Comprehensive Plan is there dwelling units per acre and, as Sonya mentioned, we are about 1.9 and that's compatible. It don't change the essential character of the area or be injurious to other property in the vicinity. We will met the open space requirements through our common areas, the pathways that we are proposing, and also provide the pedestrian connectivity, the opportunity with those pathways, which meets our amenity requirements. Staff went over those modifications that we are requesting. Obviously, we are supportive of that. Again, that's a collaborative result of our work with staff in -- in those two requests, specifically piping the McDonald Lateral and putting it within an easement along the back of those three lots and, then, providing that additional emergency access and connectivity to the other subdivision through the 12 foot paved surface with five feet of landscape on each side, for a total of 22 feet and staff addressed those specific conditions that are being modified that was supported by both s taff and Meridian City Council August 15, 2017 Page 90 of 100 the Planning and Zoning Commission. We also agree with the condition to enter into a development agreement on this request for annexation and preliminary plat. Acknowledge that that needs to be executed before we submit our final plat and, then, just a couple of comments on the preliminary plat . We will include the existing home. It meets the setback requirements. That will be one of the lots in the subdivision. As far as the pressurized irrigation system, we will either use our own association of water users or we may enter into an agreement with Kingsbridge. We haven't decided. There is pluses and minuses either way there and, then, we will also meet the city's landscape requirements. We are taking some trees out. We will coordinate with Elroy Huff, the city's arborist, to make sure we do the appropriate mitigation there. With that, Mayor and Council Members, this request for annexation and rezoning conforms with the goals, objectives, and policies of your Comprehensive Plan and also the requirements of both the zoning ordinance and the subdivision ordinance and we would ask for your approval. Be happy to answer any questions if you have any. De Weerd: Thank you, Todd. Council, any questions? Bird: I have none. De Weerd: Thank you. Lakey: Okay. Thank you, Madam Mayor. Coles: Madam Mayor, for the sign-in sheets -- public hearing sign-in sheets we have Jerrod Langston, signed up in favor, not wishing to testify. Jack Hammond signing up in favor, not wishing to testify. And Kathy Hodges signing up in favor, not wishing to testify. And that is all that signed up. De Weerd: Thank you. I think you will hit your goal, Mr. Lakey, and maybe being the shortest and most popular application of the evening. Yes, please. If you will, please, state your name and address for the record. Bastian: I'm Brent Bastian. 3892 South Stockingham Place in Kingsbridge Subdivision. De Weerd: Thank you. Bastian: Just one comment. We support the subdivision. I think it's great. The only problem that I have is that they want to keep the name as Kingsbridge and -- and they did talk about maybe joining the association and the consensus that I have seen is that they don't want -- our subdivision -- our association does not want to be part of that or have them put be part of it . So, I just wanted to throw that out to you, that -- that we would like to have it be called something different, if -- as so much of an opposition that -- that anyone that would be building there or buying there would think it would be part of Kingsbridge when it is not and that's Meridian City Council August 15, 2017 Page 91 of 100 the only thing that I'd like to mention . But I think it's going to be wonderful homes that -- it's a good -- a good development. It's just -- it has not been talked about as far as the -- our association having the -- having them be a part of it. So, that's all. Thank you. De Weerd: I thought you might have testified that the lots were too big. Bastian: No. It's great. After putting up with the other and I -- we are doing good and they have got a good subdivision. De Weerd: Well, I think because I -- I would understand why they wouldn't join the association, just because they have very little common area that they really need to maintain and because I'm in one of those in the middle of a large subdivision , we are 13 homes. Lucky 13. But, you know, we have no common area and so we chose not to join the HOA either, but we are part of that subdivision. It's kind of strange, but I would think that you would love to have these large lots associated with your subdivision. Bastian: Well, there are other issues with -- you know, with the HOA, with different pump stations, different pumping and all those kinds of things that could be trouble or a problem, so just some thoughts that way. De Weerd: Very good. Well, we appreciate your comments. Bastian: You bet. De Weerd: Mr. Lakey, maybe you can comment to that. Lakey: Madam Mayor and Council, again, Todd Lakey, 141 East Carlton, Meridian, Idaho. Just briefly, the initial request for the name was -- I think Kingsbridge North was approved by the county, just from a -- strictly I guess legal standpoint. But in talking with my clients, my understanding they are planning on changing in the name of the subdivision to Castlebridge Subdivision, just I guess to remove that confusion or concern. And, then, again, we are open to participating with the other homeowners association. They are in discussions with them. It may happen, it may not. If we were to pursue annexation, that's their decision, they don't have to let our project participate in their association if they -- if they choose not to. And, as I said, we are open to either way. If we were to participate with them there might be some conditions and we would be willing to perhaps upgrade some of the infrastructure to accommodate our project if that's what was ultimately decided. So, with that, Madam Mayor, I would be happy to answer any other questions that you have. De Weerd: Any questions? Bird: I have none. Thank you, Todd. Meridian City Council August 15, 2017 Page 92 of 100 De Weerd: Okay. Lakey: Thank you. De Weerd: Thank you. See, it was worth sticking around. Okay. Council, any further information needed from the applicant or staff? Bird: Madam Mayor? Milam: Anybody else here? De Weerd: Is there any further public testimony? Okay. Mr. Bird. Bird: Madam Mayor, seeing how there is none, I move we close the public hearing on H-2017-0065. Milam: Second. De Weerd: I have a motion and a second to close the public testimony. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0065 and include all staff, applicant, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 9 -F. If there is no discussion, Mr. Clerk. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Just a quick question for Mr. Nary or -- or Sonya. When they change the name of a subdivision from what it's posted on the application, it's always hard Meridian City Council August 15, 2017 Page 93 of 100 to find going back. Is there any chance that this can -- if they change the name that can be part of the record? Nary: Madam Mayor, Members of the Council, I mean I guess I don't know how far they are in the process of doing that. I agree we have that happen on occasion and there really isn't any way we can prevent that, but if they do believe that that is something that's coming, we can certainly add it to the development agreement, at least an acknowledgement that it may change, so that there is some way to search for it that way. But I can discuss it with Mr. Lakey and see if there is some way to make that clear. De Weerd: That would be great. Okay. Yeah. I know. We have been in search of certain things and -- and they have been remained without -- thank you. G. Public Hearing for Preece Business Condominiums (H- 2017-0099) by Cameron Preece Located 3061 S. Meridian Road 1. Request: Short Plat Approval to Condominiumize an Existing Structure into Two (2) Units in an L-O Zoning District De Weerd: Okay. Item 9-G is a public hearing for H-2017-0099. We will open this public hearing with staff comments. Allen: Madam Mayor, Council, the next application is a request for a short plat. The project name on this, in regard to what you were just talking about, is Priest Business Condominiums. However, they have applied for a new subdivision name and the Ada county surveyor has approved Health Services Business Condominiums on this one. So, we will be cross-referencing that. The site that this building is located on consists of .54 of an acre of land. It zoned L-O, located at 3061 South Meridian Road, down just north of Victory and Strata Bellissima Subdivision. The Comprehensive Plan future land use designation is office and the proposed short plat depicts a subdivision of air space in an existing building to create two separate units for ownership purposes. Pretty short and sweet. There has been no written testimony and staff is recom mending approval. Staff will stand for questions. De Weerd: Council, any questions? Any remarks from the applicant? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we don't have any public testimony, I move that we close the public hearing on H-2017-0099. Meridian City Council August 15, 2017 Page 94 of 100 Milam: Second. De Weerd: Was there any public testimony before we close it? I have a motion and a second to close the public hearing on Item 9-G. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the application H-2017-0099 and to include -- or staff comment. Milam: Second. De Weerd: I have a motion and a second to approve Item 9 -G. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing for Intermountain Gas Map Amendment (H-2017-0089) by City of Meridian Planning Division 1. Request: Comprehensive Plan Map Amendment to Change the Future Land Use Map Designation from Low Density Residential (LDR) to Industrial (IND) on Approximately Sixty (60) Acres of Land for the Purpose of Updating the Map to Reflect the Intermountain Gas LNG Storage Plant De Weerd: Thank you for sticking to the very end. Item 9-H is a public hearing H- 2017-0089. I will open the public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The Planning Division has submitted an application for a Comprehensive Plan map amendment to change the future land use map from low density residential to industrial for approximately 60 acres of land for the purpose of updating the map to reflect the Intermountain Gas liquified natural gas storage facility. So, this is what we are Meridian City Council August 15, 2017 Page 95 of 100 talking about. You may not have noticed it and if you -- driving down Can-Ada, but if you look over on your right or to the east, this facility sits back off of the roadway. So, this picture is, basically, looking back towards the east. So, again, the bottom of this -- the screen would essentially be Can-Ada or the county line. Give you a little bit more details on what actually goes in there , but the scale. It's a little bit misleading, so we put a couple of callouts in there just to kind of get an idea. This is a seven million gallon liquified natural gas facility. So, it's not a small tank. It kind of looks like it, but there is nothing else around there, so just a couple of things to put it in context. So, again, there is this liquified natural facility on -- near the intersection of Can-Ada and McMillan. It's on the -- near the southeast corner. I have got another map that I will show you here in just a second with the exact location. I won't read the bullets on the slide, but we did add this to our area of city impact back in 2008. I will be honest, I don't know if we even knew this was out there in 2008. We put a low density residential designation over it . But, again, in hindsight that's probably not a good idea. So, we have known this for some time, we have had the Fields or the Growing Together effort going on for some time and we thought, oh, we will clean that up as we go through that process. Well, that process is taking a little longer than anticipated and so we are like -- we got to clean this up now, because I don't know where that's going to go. So, that's, essentially, why we are here. Again, that Growing Together effort is -- is bigger and taking longer and this is something we just need to disclose and get on our maps sooner, rather than later. So, we had a public involvement meeting in person earlier this year, which was attended by more than 30 people . Brian McClure -- and with my influence to some degree -- developed multiple concepts and we shared them with those people that were there. There was overwhelming support at that initial meeting for reducing the scope down. So, we had developed some concepts that basically addressed this on a larger scale. Basically, a quarter to a half mile in all directions. This was just about the time that the Meridian Press had a story that went out about ag preservation in Meridian and so a lot of the property owners had heard about that and -- and not to get too far into how that meeting went, but we were off topic a little bit on what we were talking about and everyone said, okay, let's -- let's at least -- can we buy in with at least changing the Intermountain Gas facility, because it's not appropriate to designate it low density residential. Again, most people agreed that, yeah, there is not going to be homes -- there shouldn't be homes on that property. So, that's kind of the consensus that we came to, if you will, but we realize there is more work to be done, even having some low density north and south of this may or may not be appropriate , but we have got to go through a more rigorous public involvement process to kind of determine land use. So, not just in the general vicinity, a thousand feet of this facility, but, again, this is four square miles. So, we also explored a mixed use nonresidential land use, which is the same land use that we -- around the city's wastewater treatment plant. So, again, it allows more flexibility in land use. It just basically says you can't -- people living here is not a good idea. But, again, at the end of the day industrial seemed to be the best choice. It really makes it stick out and that was one of the purposes that we had is -- there is a lot of speculation going on out here. We have got people that are buying up lands to develop it and Meridian City Council August 15, 2017 Page 96 of 100 we want to at least put them on notice, just like in 2008 when we didn't know it was there, hey, what's this thing? Why is there a piece of industrial out there. At least have to ask a question why is there one gray thing hanging out there and, then, we can help answer that question, so -- but we didn't get a lot of response -- again, a positive response on some of the bigger changes in this area and so we are proposing to move forward with a minimal change to the Intermountain Gas property only at this time. Staff realizes that this isn't ideal and does not really adequately address quality of life, life safety impacts, concerns long term, but, again, it does raise the awareness of the property and potential hazards now ahead of further land investments and sets the stage for additional future land map revisions in this area in the future. So, with that, Madam Mayor, I will stand for any questions you may have. De Weerd: So, I have seen FLUM twice now and have never really heard this referred to as FLUM before. So, I'm feeling enlightened today. Hood: Some prefer FLUM. De Weerd: FLUM. Milam: I have always heard FLUM. De Weerd: FLUM. FLUM. Milam: FLUM sounds better. De Weerd: FLUM does sound better. I think we need to -- any questions for staff? Bird: I have none. Milam: No. Sounds good. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just a comment. I have driven past the thing a dozen times and I mean it looks big when you're there, but all it's surrounded by is farmland so, it doesn't -- it's hard to really grasp the actual size of it and I really came to realization how big this thing is. I was flying from New Plymouth back this way and I was on the -- beyond the north side of Squaw Butte and this was the point of reference I used to get back to the valley was seeing this thing from a long , long ways away. It sticks out as much as the sugar beet factory from that far away even. So, this is a good idea. Meridian City Council August 15, 2017 Page 97 of 100 Hood: Madam Mayor? I don't want to belabor this, but I would be remiss if I didn't mention just real quickly, if you're okay. We did coordinate with Ben Marconi from Intermountain Gas and he is well aware of this. You know, they would prefer a little bit larger buffer area, but he's generally okay with at least a change to their property -- this property as proposed now. So, I felt like I should mention the property owner has -- has been contacted and are part of this process. De Weerd: Okay. Anything further from Council? If not, I would entertain a motion to close the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we close the public hearing on Item 9-H, H-2017-0089. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-H. All thought in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing that it's probably a big messy bumfuzzle if we don't get this approved, I would move that we approve Item 9-H, 2017-0089. Milam: Bumfuzzle. De Weerd: Can you repeat that again? A mess what? Borton: Bumfuzzle. Milam: Bumfuzzle. Borton: You have never heard that? De Weerd: Harry Potter. Borton: Caleb knows it. De Weerd: Okay. I have a motion and a second to approve this item. Mr. Clerk, will you call roll. Meridian City Council August 15, 2017 Page 98 of 100 Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Ordinances A. Ordinance No. 17-1743: An Ordinance (Silverstone Apartments) - H-2016-0060 Granting Annexation and Zoning for a parcel of land located in the NW ¼ of the NE ¼ of Section 21, Township 3 North, Range 1 East, Boise, 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-G (General Retail and Service Commercial 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 for An Effective Date. De Weerd: 10-A is Ordinance 17-1743. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1743: An Ordinance, Silverstone Apartments - H-2016-0060, granting annexation and zoning for a parcel of land located in the NW ¼ of the NE ¼ of Section 21, Township 3 North, Range 1 East, Boise, 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-G, General Retail and Service Commercial 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 for an effective date. Meridian City Council August 15, 2017 Page 99 of 100 De Weerd: Okay. Council, seeing no one our audience to ask if they want to hear it read in its entirety, I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: We move that we approve Ordinance No. 17-1743 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve this ordinance. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Upcoming events under Future Meeting Topics we have the Fire Department doing blood pressure checks at the Meridian Senior Center tomorrow from 11:00 to noon. You can go get your blood pressure checked if you would like to during that time. MYAC kickoff is Monday, August 28th at 5:45. We will have one at -- both 6:00 and 7:30, I believe, so we are doing two of them and, then, Meridian Mondays. You missed it. Monday was -- it was yesterday. It seems like it was a week ago. But the weather was awesome for it. So, it's starting to get better, so come out and walk with -- with a group of folk. So, with that I would entertain a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council August 15, 2017 Page 100 of 100 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) -i , 5- MAYOR,T)WMY DE WEERD DATE APPROVED Z , 0r L� --- C. JA4/,'COL L-8, CITY CLERK ("11yof to T 104 m 0 SEAl- Meridian City Council Meeting DATE: August 15, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: 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 V CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET ®ate: August 15, 2017 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law, Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic C Vpo6&i3�1�6(r'T3AA_ Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minues of June 20, 2017 City Council Budget Workshop MEETING NOTES �i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Budget Hearing June 20, 2017 Page 80 of 80 Cavener: That's fine as well. Milam: There is only two, so -- De Weerd: Okay. I would entertain a motion to adjourn our budget workshop. Bird: So moved. Milam: Second. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:50 P.M. (AU O-REGORDING-oN OFF THESE PROCEEDINGS) MAYOR T(PqMY DE WEERD DATE APPROVED Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Approve Minutes of June 27, 2017 City Council Special Meeting 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 Budget Hearing June 27, 2017 Page 27 of 28 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74- 206(1)(d). Borton: Second, De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES, EXECUTIVE SESSION: 5:27 (p.m. to 6:04 p.m.) Bird: I move we come out of Executive Session. Milam: Second, De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES, De Weerd: Do I have a motion to adjourn this special meeting? Bird: So moved. Borton: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:05 P.M. (AUD1�O,. 4RDlNG-ON FLLE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED Meridian City Council Budget Hearing June 27, 2017 Page 28 of 28 ATTEST: C.JAYqEOLE(S) CITY CLERK ED AU-`- 01V UG\ ('i1y of jQ�E IDIS IDAHO SEAL OVED Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Knighthill Center Subdivision No. 2 Water Main Easement, Lot 6, Block 1 MEETING NOTES 9 APPROVEI� 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 2017-076699 BOISE IDAHO Pgs=5 LISA BATT 08/17/2017 01:14 PM CITY OF MERIDIAN, IDAHO NO FEE WATEJt MAIN EASEMENT THIS INDENTURE, made this 6 day of AVY, 20 between &K.A{t1&Itud oOMlnf 61,1 or LLC the parties of the first part, and hereinafter callhe 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: N®Y+V, WA S� IVAornf-�ompahitS, Address STATE OF IDAHO ) . ss. County of Ada ) On this r) � day of TAk i , 20 j_l_, before me, the undersigned, a Notary Public in and for said Statdp-ersopjlly appearedPAI KS 9'WO -. laiown or identified to me to be the and , respectively, of the that executed the within inst ur , and acknowledged to me that such executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, /1 GRANTEE: CITY OF MERIDIAN Qp�PISO AUGUST j Q' X90 O w V Tammy de We Mayon Attest by Uay CTs, City Clerk Approved By City Council On; �J 6/2P/7 STATE OF IDAHO, ) ss County of Ada ) On this �_ day of , 20 ', before me, the undersigned, a Notary Public in and for said State, p onally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •��rrrr�• NOTARY PUBLIC FOR IDA O Residing at:. `M oud- Y1 Commission Expires: 3 , a'9� a OO a OV Water Main Easement REV, 08115/16,doc Professional Engineers, Land Surveyors and Planners 826 3RD St, South, Nampa, ID 83651 Nta nf1-✓/Inc Ph (208) 454-0256 Fax (208) 454-0979 ���--���""" e-mail: dholzhey@mseng.us FOR: Knighthill Center LLC JOB NO.: AU1016 DATE: July 10, 2017 E Xti 1, .6 (.+ -4 WATER EASEMENT An easement being a portion of Lot 6 Block 1 of Knighthill Center Subdivision No. 2 in the NE1/4, NEI/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northeast corner of Section 26; Thence N 890 38'45" W a distance of 731.50 feet along the north boundary of the NE1/4 NEI/4 to a point; Thence S 00° 21' 15" W a distance of 310.99 feet along the westerly boundary of Knighthill Center Subdivision No. 2 to the northwest corner of Lot 6; Thence S 90° 00'00" E a distance of 127.01 feet along the northerly boundary of Lot 6 Block I of Knighthill Center Subdivision No. 2; Thence S 00° 21'15" W a distance of 15.00 feet to the POINT OF BEGINNING of said easement; Thence S 90° 00'00" E a distance of 10.00 feet; Thence S 00° 21' 15" W a distance of 5.50 feet; Thence N 90° 00'00" W a distance of 10.00 feet; Thence N 00° 21'15" E a distance of 5.50 feet to the POINT OF BEGINNING of said easement. MA50N&5TANnE.LD, INC. ENG/NIERS, ,5UR YE YOBS ,ry PL 4 NNER5 Page 1 of 1 IE M AE= -7 N'T' ©CHI ■ B I T A PORTION OF LOT 6 BLOCK 1 OF KNIGHTHILL CENTER SUBDIVISION, A PART OF THE NE 1/4 NE 1/4, SECTION 26, T. 4 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 W CHINDEN BLVD, 23 24 N89 38'45"W 2630_04' --- — — — — N 1/4 COR. SEC. 2626 25 CP&F INST. 1898.54' ; 731,50' CP&F INST. NO. 106139967 I & NO. 112007757 z SO'21'15"W S99—Q.QO"E LOT 6 POINT OF ::_FIN90'00'00'E LOT 7 BEGINNING I o.0o' NO'21'15"E 5.50' 10.00' 5.50' EXISTING CITY OF MERIDIAN SEWER AND WATER EASEMENT INST. NO. 2015-001276 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Whiteacre #3 Sanitary Sewer Easement MEETING NOTES C✓i APPR�VFp 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 2017-079067 BOISE IDAHO Pgs=5 LISA BATT 08/23/2017 02:23 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this ,�AA.y of r 20between Whiteacre Development Corporatiorthe parties of the first part, and hereinafter called t i Grantors, and theit�eridian-, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sower 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an casement 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the casement 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 any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV. 08/15/16 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: President Address ;seemtaw— STATE OF IDAHO ) ) ss County of Ada ) On this rib day of , 20 before me, the undersigned, a Notary Public in and for said State, personally appeared Ve,'y / hh16 and , known or identified to me to be the President and Secretary, respectively, 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. d SMITdad, (SEAL) RY �`G � 0 Sewer Main Easeme'o 0000 P'Ui3 ®° °°de NOTARY PU IC FOR IDAHO Residing at: � /2J l /'j Commission Exp'res:�/Lr REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de j6Merd, Mayor Coles, City Clerk QeOW2Vo vuT ��w <'ilp of &�6F,IDIAN�- IDAHO SEAL ) Approved By City Council On: V / Z/ 22/� STATE OF IDAHO ss County of Ada On this 15*' .day of , 20 I 7 , before me, the undersigned, a Notary Public in and for said State, personhlly appeared TAMMY DE WEERD and C.JAY COLES known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN 'WITNESS WHEREON, I have hereunto set my hand and affixed my official seal the.day and year first above written, D�Mkry LLam=' NOTARY PUBLIC FOR IDAVO Residing at: -Myuet�-a T b Commission Expires; 3 P?S - a(O 2La Sewer Main Easement REV. 08/15/16 LEGAL DESCRIPTION FOR CITY OF MERIDIAN SEWER EASEMENT WHITEACRE SUBDIVISION NO.3 An easement located In the SE 114 of the NE 1/4 of Section 36, TAN., R.1 W., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the N1/16 corner of said Section 36, said point also being the SE corner of Ambercreek Subdivision No. 1 as filed in Book 97 of Plats at Pages 12,145 through 12,149, records of Ada County, Idaho, from which the E1/4 corner of said Section 36 bears South 00°29'34" West, 1,330.19 feet; thence South 42059'58" West, 808.08 feet to the REAL POINT OF BEGINNING; thence South 00041'24" West, 37.64 feet; thence North 89018'36" West, 34,02 feet; thence 51.84 feet along the arc of a non -tangent curve to the left, said cure having a radius of 72.00 feet, a central angle of 41 015'20" and a long chord of 50.73 feet which bears North 42047'46" East to the to the REAL POINT OF BEGINNING. Iq Page 1 of 1 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST, CHORD BRG. DELTA C5 72.00 51.84 50.73 N42'47'46"E 41'15'20" I RPOB: OF MERIDIAN R EASEMENT W HALPIN ST w Q w w U w m Co I IN 1/16 I %K p � MI M_I ZQ LL O d !� w ('n N =>Q oI SO'41'24"W i 37.64' I 1 7110' I N89'18'36"W 34.02' 23 5 30 90 0 15 60 SCALE: 1 " = 30' IDAHO { 1460E.WATERTOWERST. I " SURVEY MERID AN, IDAHO 03042 (208) 846-0570 GROUP, P.C. 1/4 S.36 I S.31 v� NSFOSG�� 7729 0 EXHIBIT - DRAWING FOR MERIDIAN SEWER LINE EASEMENT WHITEACRE SUBDIVISION NO. 3 A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 36, T.4N., R.M., D.M., MERIDIAN, ADA COUNTY, IDAHO JOB NO. 17-141 1 7/31/2017 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Resolution No. ��— �� : A Resolution Amending City of Meridian Standard Operating Policy 3.5 - Travel and Expense Reimbursement MEETING NOTES ,r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /-7— c)o �3 BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER MILAM, PALMER, LITTLE ROBERTS A RESOLUTION AMENDING THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO AMEND POLICY 3.5, TRAVEL AND EXPENSE REIMBURSEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS, in 2002, the City adopted a Standard Operating Policy and Procedures Manual applicable to all employees of the City of Meridian; and WHEREAS the City Council may amend the Manual fi•om time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. That the City of Meridian Standard Operating Policy and Procedures Manual be amended as to Policy # 3.5 Travel and Expense Reimbursement, a copy of which is attached and incorporated herein by reference as Exhibit A. SECTION 2. That this Resolution, and the Policy be amended and shall be in full force and effect on August 15, 2017. ADOPTED by the City Council of the City of Meridian, Maho, this � day of 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 15 day of Au , 2017. AOVED: D- �Qo�ptED AUKS �O c I,y o� 5 MayorZ!�v y de Weerd ATTEST: E IDIAN IDAHO By: SE C.J6 Cold. itv -0 %, RESOLUTION AMENDING CITY OF MERIDIAN STANDARD POLICY AND PROCEDURE MANUAL - PAGE I OF I CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER 3.5 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE : This policy is meant to address employee travel away from the Treasure Valley for City business. It provides guidelines for the basic foundation of rules and requirements that departments must follow. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. An employee’s family member may travel to or with the employee, but all the expense of that family member must be borne by the employee. POLICY : The ability to travel for work purposes, including training, is a privilege. Travel may also be part of the employee’s job and associated duties. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this privilege. It shall be the responsibility of the Directors of this City to ensure that all expenditures under this policy are appropriate and consistent with fiscal responsibility. The Director, Senior Manager, or Designee that is authorized to approve expenditures shall also ensure that the City policies are being followed consistently. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. All travel must be pre-approved and via the most economical means practical. Each employee is expected to exercise good judgment when incurring travel expenses. Violations of this policy may be cause for disciplinary action up to and including termination. AUTHORITY & RESPONSIBILITY : Each City employee is responsible and accountable to the Department Director for the funds and assets entrusted to them. Each Director is responsible for administering and ensuring compliance with the Travel Policy. The Finance Department has the responsibility to track all funds for the City and assure compliance with all City, State, or Federal regulations regarding the tracking and accounting of such expenditures. Meridian City Council Meeting Agenda August 15, 2017 – Page 21 of 299 TRAVEL EXPENSE PROCEDURES FOR ADVANCE PAYMENTS AND REIMBURSEMENTS FOR POLICY 3.5 PROCEDURES AND RELATED INFORMATION ACCOUNTABLE PLAN – IRS requires an “Accountable Plan” (IRS Pub#463) to determine if reimbursement would be reported as taxable income or not. To be an accountable plan, the employee’s expenses must meet all three of the following rules: 1. The expenses must have a City business connection. 2. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. 3. All excess reimbursement or allowance must be remitted to the employer within a reasonable period of time. City requires all expenses must be accounted for on an expense report with itemized receipts within 10 business days from the return date of the travel. If the expense report and applicable receipts are not submitted to the Finance Department within 60 days of the return date of the travel, the expenses will be reported as income on the employee’s W2 form and the applicable taxes will be deducted from the employee’s next paycheck. Any excess amount, personal expense, non-allowed expense, or advance that the employee owes to the City must be remitted within a reasonable period. The City expects payment within 30 days and, if Finance has not received payment within 120 days of the return from travel, this will be considered a violation of the travel policy. The expense will become taxable income to the employee and the violation will be reported to HR for disciplinary action. TRIP DELAYS – Trip delays that are not of the employee’s choosing shall be reimbursable for any necessary expenses incurred as well as additional per diem. TRIP CANCELLATION –If the trip is canceled prior to departure, the employee has three (3) business days to return the entire per diem amount to the City. The employee or the Department Travel Coordinator shall be responsible to cancel all the arrangements made for the travel and attempt to limit the City’s costs for this change. TRAVEL PAID BY VENDORS OR POTENTIAL VENDORS OF THE CITY Any travel that is paid by a non-governmental agency must be approved by the Legal Department prior to making any travel arrangements. Meridian City Council Meeting Agenda August 15, 2017 – Page 22 of 299 TRAVEL AUTHORIZATION FORM: The Department Director is responsible for ensuring that the travel is the most cost- effective travel alternative. This policy recommends that each Department designate a Department Travel Coordinator so someone other than the traveling employee is booking travel arrangements. The Travel Authorization form can found on the intranet under Finance, Forms and Policies. This form provides an estimate of the total cost of the travel and documents the employee had the necessary approval prior to travel. The form shall be submitted in advance of the trip (if possible) and must be approved by the Department Director or designee, and if necessary, the Mayor. The Travel Authorization Form shall be completed by the Department Travel Coordinator and provided to the Finance Department prior to overnight travel outside the Treasure Valley. 1. This authorization form must include all elements of the travel including but not limited to; transportation, lodging, per diem and conference fee, if applicable, and the reason or justification for traveling. 2. The traveling employee will request authorization from the Department Director before travel arrangements and/or conference and training fees are paid. 3. Once the travel is approved the Department Travel Coordinator can make the necessary travel arrangements, such as flight, hotel, etc. 4. After travel is booked, the approved Authorization form shall be sent to Accounts Payable in Finance. 5. The per diem check will be calculated based on the Travel Authorization Form. The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up. To pick up the per diem check prior to travel, it is recommended the form be to Finance seven (7) days in advance of actual travel. Per Diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. 6. After the trip completion, the employee may voluntarily choose to reimburse the City of any unused per diem. Any monies returned will be reimbursed to the appropriate Department budget line item for per diem. CITY CREDIT CARD – A City credit card may be used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director, when the employee is traveling. A City credit card may be used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel, then a City credit card cannot be used for fuel. A City credit card may be used to purchase training materials that are necessary. If necessary, the employee may use the City credit card to mail training materials back to the City. This must be approved by the Department Director, Manager, or designee. A City credit card cannot be used for any expenses that are included as part of the per diem. If the employee has not received a per diem check then the City credit card can be used with Meridian City Council Meeting Agenda August 15, 2017 – Page 23 of 299 the approval of the Department Director which will then be reconciled on the expense report after the travel is completed. The employee can also receive their per diem after the trip to reimburse for items covered by the per diem. Expenses that exceed the per diem must be reimbursed by the employee. A City credit card shall not be used on a mobile application that will retain the credit information, such as Uber or Lyft. EXPENSES EXPENSE REPORT - Travel expense reports are to be filled out after returning from travel. The reports are to be received by Finance Department within ten (10) business days of the travel return date pursuant to this policy. If reports are not received by that time it may be the cause of further inquiry and potential discipline if the employee refuses to comply. USE OF A LANDLINE PHONE WHILE TRAVELING-The use of a landline phone in a hotel or motel for business or personal use is highly discouraged due to the high cost associated with such use. The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. PER DIEM – Per diem is compensation given to the employee for other expenses incurred while traveling that are not pre-paid or are defined as reimbursable. Employees may opt not to take a per diem or may request a reduction of the per diem. Per Diem expenses are including but are not limited to: 1. Meals, beverages, or food, including related tips or gratuities 2. Tips or gratuities for personal services (baggage handling, valet or maid services) 3. Non-City business fees 4. Personal care items 5. Banking or ATM fees 6. Entertainment The per diem will be paid to the employee according to the GSA current “Domestic Per Diem Rates”. This rate varies from city to city. It will be Department’s responsibility to designate the city closest to the destination for the travel requested and indicate that on the Travel Authorization Form. Full per diem rate is allowed for each day that contains an overnight stay. Pursuant to IRS regulations, the per diem rate for travel days, the first and last day of the employee’s trip, is 75% of the daily per diem. If the travel takes more than one day, the employee should identify on the Travel Authorization Form and request an appropriate per diem. Meridian City Council Meeting Agenda August 15, 2017 – Page 24 of 299 Per Diem will be issued to employee upon final approval of the Travel Authorization Form prior to the actual travel as noted above. Based upon the timing of the request, it is possible that the per diem check may be provided after the travel has concluded. REIMBURSABLE EXPENSES – In addition to per diem, there are expenses related to travel that are business related and are reimbursable by the City. All of these expenses will require an itemized receipt for proof of payment. Only in an extraordinary circumstance can reimbursement be provided without a receipt. The Department Director has the discretion to deny reimbursement as well. These reimbursable expenses include but are not limited to: 1. Transportation to and from the destination of the travel 2. Transportation to and from the airport to the hotel/motel 3. Transit while at destination between hotel and the business related meetings or purpose for the trip. This may include taxis or shuttles. 4. A reasonable tip or gratuity for transportation, if reflected on the receipt 5. Parking services for a hotel or lodging, if required by the hotel 6. Telephone or internet charges that are business related, when pre-approved 7. Tolls 8. Transportation to and from the employee’s work site to the airport 9. Long term parking fees for the employee’s personal vehicle 10. Up to One (1) baggage item for check-in on an airline More baggage can be allowed if approved by the Department Director. NON-REIMBURSABLE EXPENSES – The following expenses are NOT considered to be reimbursable business expense, but may be paid for with the per diem. This list is not exhaustive, is subject to the discretion of the Department Director where noted, and includes the following, but is not limited to: 1. Alcoholic beverages 2. Internet charges, except for those that qualify as reimbursable above 3. Laundry services (unless for a City Fire or Police uniform) 4. Health club services fees (outside of the hotel or place of lodging) 5. Expenses paid on behalf of others 6. Banking or ATM fees 7. Family member travel expenses TRANSPORTATION All travel must be by the most economical means practical; it does not have be the least expensive, but the employee and the Department Director must be able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. If there is interruption of travel or deviation from the direct route for the traveler’s convenience, the deviation may not exceed that cost of uninterrupted travel. Employees and Departments Meridian City Council Meeting Agenda August 15, 2017 – Page 25 of 299 are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. AIRLINE – Employees must travel by coach or economy class. Early bird check in fees for an airline, when there is no baggage fee. may be allowed at the discretion of the Department Director. CITY VEHICLES – The City would prefer that a fleet vehicle be used when driving to the destination is the most practical means of travel. If the City has a fleet vehicle available and the employee chooses to use their personal vehicle that will affect the GSA rate for mileage reimbursement which may affect the overall costs and consideration for the method of travel. Non-City employees may not drive a City vehicle, except in the most extreme emergency or circumstance, or if it is pre-approved by the Mayor. Any parking or moving violations received are the responsibility of the driver. PERSONAL VEHICLES – An employee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement, the employee must maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. The City’s mileage reimbursement form will need to be included in the Expense Report required after the travel is completed. The employee will be required to meet any other requirements of the City or its insurer prior to departure, including but not limited to providing a copy of a valid driver’s license and current proof of insurance. The employee’s personal vehicle insurance will be the primary insurer for the employee and their vehicle. The City’s insurance will only be responsible for any damages that may be the responsibility of the City. The City will pay the GSA privately owned vehicle mileage rate for the total business miles if a City vehicle was available. An employee will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. Accident deductibles, parking violations, moving violations while using a personal vehicle for City business are the responsibility of the driver. The City will not be responsible for any physical damage or claims for the use of employee’s vehicle. The employee’s primary vehicle coverage will be primary for any claims. Business miles is the travel an employee incurs beyond normal commute mileage (from home to the office and home again) for City business. RENTAL CARS – A vehicle may be rented at the destination or to travel from the Boise/Meridian area to the destination and back. There is no need to purchase additional insurance for the vehicle. The City’s policy will cover the vehicle, as long as it is being used for City business . Any personal use of the vehicle will Meridian City Council Meeting Agenda August 15, 2017 – Page 26 of 299 be on the employee’s insurance for coverage. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City (Use the Travel Authorization Form) . The request must indicate the necessity of the vehicle related to City business. The employee will be responsible for the fuel, parking expenses, or tolls for any trips that are not related to City business. If a non-employee is going to drive the rental car, any additional charges for a second driver, including necessary coverage for injuries suffered, may be on that employee’s personal insurance. LODGING – The employee must stay within the GSA hotel rate for the appropriate city or stay at the conference hotel (if applicable). When securing reservations, employees will identify themselves as government employees to obtain the government rate, if available. The City will pay the room charge plus applicable room taxes. Hotel charges should be broken down on a per day basis on the receipt and the expense report. If two employees share a hotel room, the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom. The employee that did not pay for the room should note that on the Expense Report after the travel is completed. If a non-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs were incurred. EARLY DEPARTURE or LATE RETURNS – The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. If there is an impact on the City related travel, the employee shall be personally responsible for all additional costs. This justification should reflect that there is no increase in total travel cost to the City. REIMBURSEMENT BY ANOTHER GOVERNMENTAL ENTITY – When other governmental or quasi-governmental agencies or organizations directly reimburse an employee for travel, training, and other related costs where such costs were initially borne by the City, the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 business days of receipt of the monies. TIME CARD ACCOUNTING – For all hourly employees they must account for their travel and time at the activity in the following manner: Travel (To and From the activity) – Whenever possible the employee should attempt to travel during their regular work schedule. If that cannot be accomplished then traveling outside of the employee’s regular work schedule must be approved by the Department Director. All travel is compensable, and shall be considered “Hours Worked” for the purpose of calculating overtime for the workweek. Meridian City Council Meeting Agenda August 15, 2017 – Page 27 of 299 By Vehicle - The City will compensate for driving time to the activity from the time the employee leaves their City location until they arrive at the final destination. Internet mapping may be used by the City to determine reasonable travel time from the City as verification. The return shall be handled in the same manner. All travel time by vehicle shall be considered Hours Worked for all employees. This shall also apply to driving at the location of the activity in the same vehicle. The employee shall enter the time on the employee’s time card as “Hours Worked.” By Airline – The City will compensate air travel based upon the published flight times of departure and arrival at the destination of the activity including layovers. If the travel time significantly exceeds the published time on the itinerary or transit time to and from the employee must get approval from the Director for additional compensation. Time (While engaged in the Activity) – Time at the activity (in class, conference, event) shall be considered Hours Worked and should be entered as such. If the time of the activity would exceed the employees normal work schedule then proof of such must be provided. Revised Meridian City Council Meeting Agenda August 15, 2017 – Page 28 of 299 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6F PROJECT NUMBER: H-2017-0101 ITEM TITLE: Final Plat for Geddes Subdivision (H-2017-0101) by Schultz Development Located Southeast of the W. Ustick Road and N. Black Cat Road Intersection MEETING NOTES Yf APPRQV-'- 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: August 15, 2017 ITEM NUMBER: 6G PROJECT NUMBER: H-2017-0060 ITEM TITLE: Silverstone Apartments Development Agreement for Silverstone Apartments (H-2017- 0060) with William P. Bienapfl, Jr. (owner) and, DevCo, LLC (Developer) located at 4225 E. Overland Road, in the NE 1/4 of Section 21, Township 3N., Range 1 E 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 2017-076698 BOISE IDAHO Pgs=56 LISA BATT 08/17/2017 01:13 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. William P. Bienapfl, Jr., Owner 3. DevCo, LLC, Developer THIS DEVELOPMENT AG MONT (this Agreement), is made and entered into this �'day of lyu6u'S4 , 20 , pby 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 William P. Bienapfl, Jr., whose address is 2674 S. Andros, Meridian, Idaho 83642, hereinafter called OWNER and DevCo, LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the 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 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land, and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 14.41 acres of land from the RUT zoning district in Ada County to the C -G (General Commercial) zoning district (as described in Exhibit "A"), under the Unified Development Code, 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 DEVELOPMENT AGREEMENT —SILVERSTONEAPARTMENTS (H-2016-00060) PAGE 1 OF t0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 3 3 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 3 4 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 3 5 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 3 6 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 3 7 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 3 8 o f 2 9 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: DevCo, LLC. By: Printed Name: I Llvtk Co e✓ Its: L rV�e�t r ATTEST: CJ(Colejs,Qty Clerlc CITY By: _ Mayor ,y 0(y of �w E IDIAN�- IDAHO SEAL W eerd DEVELOPMENT AGREEMENT— SILVERSTONE APARTMENTS (H-2016-00060 PAGE 8 OF 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 4 0 o f 2 9 9 STATE OF IDAHO ) : ss County of Ada ) On this day of , 2M, before me, a Notary Public, personally appealed Tammy de Weerd and Oay 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. •00..•.••1• (SEAL) �,•' jtiPNE► 0, OTA4 Ctaj�Lry W04 - Notary Public f r I ah�� � J' � .^ Residing at: �-u-t-� I Commission expires: 8 -a,'2 -0q0221 DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 10 OF 10 Meridian City Council Meeting Agenda August 15, 2017 – Page 42 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 43 of 299 CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 1 - CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use Regional and to change the land use designation on 42.18 from Boise’s “Suburban” Comprehensive Plan Land Use designation to Medium Density Residential by DevCo, LLC. Case No(s ). H-2016-0060 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) AMENDED Findings on March 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 2016, 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. EXHIBIT B Meridian City Council Meeting Agenda August 15, 2017 – Page 44 of 299 CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 2 - 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 2. The applicant’s request for annexation and zoning was approved with a C-G zoning district, with the provisions noted in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 3. The applicant’s request for a conditional use permit is hereby approved based on the findings in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-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 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request 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 August 16, 2016 Meridian City Council Meeting Agenda August 15, 2017 – Page 45 of 299 By ction of the City Council at its regular meeting held on the 7 day of 2646, COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED &4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y10Z COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED !er COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD TIE BREAKER) VOTED e 13iwj Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: G • : O c- Dated: City, Office CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 3- Meridian City Council Meeting Agenda August 15, 2017 – Page 46 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 1 STAFF REPORT Hearing Date: August 16, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Silverstone Apartments – AZ, CPAM, CUP (H-2016-0060) Note: This project was heard on July 7, 2016 by the Planning and Zoning Commission. During the hearing, public testimony inadvertently excluded the 42.18 acres from the applicant’s CPAM request. The applicant’s application materials clearly stated their intent to include the 42.18 acres that was originally part of the City of Boise’s AOCI. Further, the applicant has received approvals from the City of Boise and correspondence from our Public Works Department that support the inclusion of this property. The Clerk’s office noticed the property as such and all of the notices to the adjacent property owners included the correct information. To ensure the public record reflects the entire scope of the CPAM application, staff has updated the staff report that includes the 42.18 acre property as part of the CPAM application. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for the following: An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan CPAM) to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed Use-Regional (MU-R); and 42.18 acres to the Medium Density Residential Comprehensive Plan Land Use designation. Annexation and zoning (AZ) of 14.41 acres of land from the RUT zoning district in Ada County to the C-G zoning district; Conditional use permit (CUP) for a multi-family development consisting of 312 dwelling units in the C-G district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: Donna McDonald, iii. Commenting: Gary Glenn, Jerrod Jenkins iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: Meridian City Council Meeting Agenda August 15, 2017 – Page 47 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 2 i. Traffic on Overland Road ii. Access to Overland Road c. Key Issues of Discussion by Commission: i. Design of the apartment ii. Access to Overland Road iii. Amenities provided with the development iv. Appropriateness of this property as part of the large Mixed Use designation d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 16, 2016. At the public hearing, the Council approved the subject AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: None iii. Commenting: Lee Colson iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0060, as presented in the staff report for the hearing date of July 7, 2016, 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-2016-0060, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0060 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 4225 E. Overland Road, in the NE ¼ of Section 21, Township 3N., Range 1E. B. Owner(s): Meridian City Council Meeting Agenda August 15, 2017 – Page 48 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 3 William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Meridian, ID 83706 D. Representative: Conger Management Group 4824 W. Fairview Ave Meridian, Idaho 83706 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 20 and July 4, 2016 (Commission); July 25 and August 8, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: June 10, 2016 (Commission); July 21, 2016 (Council) D. Applicant posted notice on site(s) on: June 24, 2016 (Commission); August 1, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural production, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: Commercial property in the Silverstone Business Park, zoned C-G C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road. c. Issues or concerns: None Meridian City Council Meeting Agenda August 15, 2017 – Page 49 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 4 E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Creek is south of the proposed development and should not impact the development of this property however, there is a smaller drainage ditch that needs to be relocated or tiled with the development of the multi-family project. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of the site along the Eight Mile Creek is located in the Meridian Floodplain Overlay District. It appears the area proposed for the multi-family project is outside of this area. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): This property is designated Medium Density Residential MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. See Exhibit A.2 for current FLUM. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed-Use Regional (MU-R) and 42.18 acres to Medium Density Residential Land Use designation. Mixed-Use Regional: The purpose of the Mixed-Use Regional designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 (Below). Meridian City Council Meeting Agenda August 15, 2017 – Page 50 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 5 Medium Density Residential: The purpose of the Medium Density designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. TRANSPORTATION: The Master Street Map depicts a future north/south collector road in this area. The construction of this roadway is not proposed with the development of the multi-family development however, the proposed concept plan identifies a future road connection to Overland Road farther to the east. Although the applicant is proposing Overland Road access with the multi- family development, to increase inter-connectivity as envisioned in the Comprehensive Plan, staff recommends that the applicant grant cross access to the properties to the east and south with the development of the multi-family project. Further, the one access point to Overland Road is predicated on ACHD and City Council granting the approval. The transportation system for the MDR portion of the site will be reviewed with a future development application. DESIGN: The design of future structures on this site are required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MU-R designation. In order for the development to be considered integrated with the adjacent MU-R designated property to the west, the proposed mixed use area (multi-family and future commercial development) should be cohesive in site layout and architectural design of the business park to the west. The proposed concept plan depicts a multi-family development and future commercial property. The multi-family portion of the plan depicts 15 multi-family residential structures, containing a total of 312 dwelling units at a net density of 23.2 units/acre. The proposed density falls within the density range (6 to 40 units/acre) desired in MU-R designated areas. The commercial portion depicts ten (10) buildings, including a portion of which falls within the jurisdiction of the City of Boise’s Area of City Impact. These buildings vary in size from 40,000 s.f. to the smallest pad site of 3,500 s.f. The proposed plan depicts future layout, future connectivity to a public road road and internal connectivity (vehicular and pedestrian) with the multi-family development. In general, staff is supportive of the concept plan however; staff would encourage the applicant align the driveway between the future commercial and multi-family on the east boundary with the drive aisle between buildings D and F. There is not development proposed for the MDR portion of the site, At this time, the applicant is only requesting a land use designation. Staff anticipates more details of how this property will develop with a future development application. GOALS, OBJECTIVES, & ACTION ITEMS: 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 multi-family residential development will contribute to the variety of residential uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how affordable” the units will be. Meridian City Council Meeting Agenda August 15, 2017 – Page 51 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 6 Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to the Silverstone Business Park, nearby shopping centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for providing higher density housing options. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed multi-family development is located in close proximity to major access thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The existing rural residential properties to the north are across a major arterial roadway and should not be impacted by the proposed multi-family development on the south side of Overland Road. Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.5. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to ensure a wide variety of housing types can be developed and properly zoned and land is available” (3.07.01A) The area in the vicinity of Eagle Road and the I-84/Eagle Road interchange is limited in housing options. The proposed project would promote housing diversity and provide greater opportunities for residents to live near their place of employment and shopping centers. Adopt land use designations that will allow for housing opportunities for all income levels.” 3.07.01D) Few of the major employment areas within the City are adequately supported with enough housing options. Density near employment centers allow for workforce housing and promote community resiliency, potentially reducing commute times and expenses, and allowing for increased community and economic engagement. Require landscape street buffers for new development along all entryway corridors.” 2.01.02E) A 35-foot wide landscape buffer is required along E. Overland Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The development of multi-family homes on this site will contribute to the variety of housing types available in this part of the City. Meridian City Council Meeting Agenda August 15, 2017 – Page 52 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 7 Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The applicant has indicated that they will construct an access to the existing stub street at E. Pewter Falls Street. The proposed access to Overland Road is predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval. Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” 3.07.02B) Curb, gutter and sidewalks already exist along E. Overland Road. Portions between the curb and the sidewalk are improved with gravel. With the development of the multi-family project, the applicant should replace the existing gravel with vegetative groundcover in accord with UDC 11-3B-7C. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Map Amendment, Annexation and Conditional Use Permit would not unconstitutionally violate private property rights. A neighborhood meeting was held on April 27, 2016 of which 4 people attended (see sign-up sheet included in application). b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. A letter was received from the West Ada School District stating that the proposed development is predicted to generate approximately 250 school aged children (spread over all grade levels) which West Ada School District claims will have a significant impact on schools in the district most of which are already operating at or over capacity. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, medical and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually Meridian City Council Meeting Agenda August 15, 2017 – Page 53 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 8 adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for Medium-Density Residential uses. However, because the site is located near major transit corridors (I-84 and Eagle Road/SH-55) and commercial and employment uses and services, Staff finds the proposed MU-R designation is appropriate for this site. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/SH-55 and I-84) should provide efficient and safe transportation to and from the development. With the development of the multi-family project the applicant will need to construct an access road that connects the proposed multi-family development with E. Pewter Falls Street to facilitate access to a signalized intersection. The proposed development is also within walking and biking distance of many services, employment centers, public transit and public parks. The mixed use standards encourage integrated transportation connections. Additional access for the area, as shown on the concept plan, will be provided when the surrounding properties are developed and reviewed and approved with future development applications. j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. However, the site is located within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.) k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. Meridian City Council Meeting Agenda August 15, 2017 – Page 54 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 9 l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for residential uses. The applicant proposes to change the land use designation on this property to MU-R and develop multi-family residential uses on the site at a gross density of 23.2 units/acre. Under the mixed use standards it is anticipated that future residential development will range in densities between 6 to 40 dwelling units to the acre. Staff believes the proposed change will provide housing opportunities near employment, shopping and medical services in close proximity to major transportation corridors i.e. I-84 and Eagle Road/SH-55). m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a high- density residential development consisting of 15 buildings with a total of 312 residential units. To ensure quality design, all future structures will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. n. Agriculture The subject amendment will impact areas being used for farming activities. The multi-family development will be constructed on land that was previously used as farm land. o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road/SH-55 and I-84, major transportation corridors in the City, and is in close proximity to shopping, employment and service uses, staff believes the MU-R and MDR designations and proposed development is appropriate for this property. If the change to the FLUM is approved, the proposed development will contribute to the mix of housing types in this area at a density desired in MU-R designated areas. The development will also provide housing options near commercial and employment areas located along Eagle Road and in the general vicinity. Convenient access to services and jobs for residents would also be provided. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (C-G): 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 (6) Meridian City Council Meeting Agenda August 15, 2017 – Page 55 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 10 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 in proximity to streets and highways. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in11-4-3-27C and 11-4-3- 27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the property is not in a residential district. F. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 25.97 acres of land from Medium-Density Residential to Mixed Use- Regional. A concept plan for the entire proposed MU-R area was submitted with the subject application. The concept plan depicts a mixed use development consisting of ten (10) commercial buildings ranging in size from 40,000 square feet to 3,500 square feet, access to the future development and various other commercial site improvements and a 312 unit multi-family development. This is a first phase of a much larger development that is slated for a future application submittal (see applicant’s narrative for details). Note: Some of the area still remains within the City of Boise’s Area of City Impact as shown in Exhibit A.3. Prior to submitting an application to the City of Meridian, the applicant reached out to Boise City to determine the likelihood of being able to provide utilities to the 42.18 acres proposed to be included in the Comprehensive Plan Future Land Use Map. (The property to be included in the Comprehensive Plan Future Land Use Map is indicated in a purple box in Exhibit A.2). It was determined that Boise City could not provide utilities for the property in question. In a letter dated January 20, 2016 sent to Cody Riddle, the Current Planning Manager for Boise City, Warren Stewart of the City of Meridian indicated that the area in question was included in Meridian’s Master Planning for Sanitary Sewer and Water Services and that the property is serviceable by the City of Meridian (see Exhibit A.7). Subsequently, Boise’s City Council de-annexed the subject property on April 19, 2016 and a letter was sent to the applicant stating such (see Exhibit A.8). The applicant is now requesting to include this 42.18 acre parcel into the City of Meridian’s Comprehensive Plan Future Land Use Map with the MDR land use designation. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. Meridian City Council Meeting Agenda August 15, 2017 – Page 56 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 11 B. Annexation & Zoning (AZ): The applicant requests approval to annex and zone 14.41 acres of land with a C-G zoning district consistent with the proposed FLUM designation of MU-R to develop the multi-family portion of the property. In the application submittal, the applicant did submit a tentative approval letter from Ada County Development Services approving a property boundary in the configuration of the proposed development. Staff recommends that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council. 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. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. C. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed C-G zoning district as required by UDC Table 11-2A-2. The multi-family residential development is proposed to consist of 312 dwelling units within (15) 3-story structures on 13.51 acres of land. The units will consist of 204 2-bedroom units and 108 1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, and enclosed bike storage with a covered patio. Associated garage (15) and carport structures (25) are also proposed (see site plan in Exhibit A.4). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The patios proposed with the submitted floor plans do not comply with the required 80 s.f. of private open space per unit. At the time of Certificate of Zoning Compliance submittal, the applicant shall revise the floor plans to meet this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The submitted site plan shows the property management office, maintenance storage area, mailbox location. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Meridian City Council Meeting Agenda August 15, 2017 – Page 57 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 12 Because all of the proposed units (312) contain between 500 and 1,200 square feet of living area, a minimum of 78,000 s.f. (or 1.79 acres) of common open space is required to be provided. A total of 2.55 acres of passive and active open space is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 111,383 s.f. of common open space is proposed. For multi-family developments with more than one hundred (100) units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 312 units are proposed, the Commission should determine if the number of amenities is proportionate to the size of the proposed development each from at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide the following amenities: 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children’s play structure, 5) a 50’x 100’ open grassy area, and 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business center (within the clubhouse) which fall under the quality of life and recreation categories. The applicant has provided seven (7) amenities as detailed above. Staff believes the applicant has provided sufficient amenities for the size of the proposed development. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Overland Road. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application or prior to issuance of Certificate of Occupancy at the latest. Access: The primary entrance for the development is from E. Overland Road. The applicant has also proposed cross-access to the future commercial development to the east and depicts a road to the southwest corner of the apartments that will provide access to an existing stub street (E. Pewter Falls Street) from the Silverstone Campus Subdivision. The Master Street Map depicts a collector street from E. Overland Road through the proposed development. The applicant proposes to move the street farther east, to align with the future commercial. This would also provide access to future residential development to the south with a future development application. ACHD is currently analyzing this request with the applicant’s traffic impact study. At the time of this staff report, staff had not received comments from ACHD on the access points to the proposed development. Staff anticipates ACHD’s comments prior to the Council hearing. With the first phase of development, staff recommends that the applicant construct a southern access from the multi-family development to connect to E. Pewter Falls Street. Meridian City Council Meeting Agenda August 15, 2017 – Page 58 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 13 Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. The proposed multi-family development consist of 108 one-bedroom units and 204 two-bedroom units bedroom units. A total of 332 covered spaces and 256 open spaces are proposed. The number of covered and open parking stalls proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 588 vehicle spaces proposed to be provided on the site, a minimum of 24 bicycle spaces are required. The applicant proposes a total of 190 bicycle parking spaces in bicycle racks dispersed throughout the site in compliance with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as proposed. A 25-foot wide buffer was created with the Silverstone Campus Subdivision on the west boundary. Per the multi-family standards a minimum of a 10- foot wide setback is required along the perimeter of the project which should provide additional buffering for the residential units proposed next to the west boundary. Street buffer landscaping along E. Overland Road is required as set forth in UDC Table 11-2B-3. A 35-foot wide buffer is required along E. Overland Road, an entryway corridor. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Fencing is not permitted within the required 35 foot landscape buffer along E. Overland Road. The gated entry off of E. Overland Road must be removed. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A- 12B. Five trash enclosures are depicted on the site. The number of enclosures, sizes and locations should be approved by Bob Olsen, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi-family structures and clubhouse. (see Exhibit A.6). The applicant did not provide elevations of the garages or the carports. Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. Meridian City Council Meeting Agenda August 15, 2017 – Page 59 of 299 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 14 Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City’s design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. In summary, Staff recommends approval of the proposed CPAM, AZ and CUP applications with the conditions included in Exhibit B and approval of the proposed AZ application with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM 3. Conceptual Area Plan (dated: 1/27/16) 4. Site Plan (dated: 11/18/15) 5. Landscape Plan (dated: 1/29/16) 6. Conceptual Building Elevations (dated: 6/27/15) 7. Letter from Warren Stewart (Meridian) 8. Letter from Cody Riddle (Boise) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 15, 2017 – Page 60 of 299 1 - Exhibit A.1: Zoning & Aerial Maps Meridian City Council Meeting Agenda August 15, 2017 – Page 61 of 299 2 - Exhibit A.2: Existing & Proposed FLUM Meridian City Council Meeting Agenda August 15, 2017 – Page 62 of 299 3 - Exhibit A.3: Conceptual Area Plan (dated: 1/27/16) Comp Plan Amendment CUP/ Annexation Boise City, Not a Part Meridian City Council Meeting Agenda August 15, 2017 – Page 63 of 299 4 - Exhibit A.4 CUP Site Plan (dated: 11/18/15) Meridian City Council Meeting Agenda August 15, 2017 – Page 64 of 299 5 - Meridian City Council Meeting Agenda August 15, 2017 – Page 65 of 299 6 - Exhibit A.5: Landscape Plan (dated: 1/29/16) Meridian City Council Meeting Agenda August 15, 2017 – Page 66 of 299 7 - Meridian City Council Meeting Agenda August 15, 2017 – Page 67 of 299 8 - Meridian City Council Meeting Agenda August 15, 2017 – Page 68 of 299 9 - Exhibit A.6: Conceptual Building Elevations (dated: 1/27/16) Meridian City Council Meeting Agenda August 15, 2017 – Page 69 of 299 10 - Meridian City Council Meeting Agenda August 15, 2017 – Page 70 of 299 11 - Meridian City Council Meeting Agenda August 15, 2017 – Page 71 of 299 12 - Meridian City Council Meeting Agenda August 15, 2017 – Page 72 of 299 13 - Exhibit A.7: Letter from Warren Stewart (Meridian) Meridian City Council Meeting Agenda August 15, 2017 – Page 73 of 299 14 - Exhibit A.8: Letter from Cody Riddle (Boise) Meridian City Council Meeting Agenda August 15, 2017 – Page 74 of 299 15 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to applying for a building permit. b. The record of survey for the reconfiguration of the property boundary shall be recorded with the County prior to approval of the annexation ordinance. c. Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in Exhibit A and the conditions contained herein. d. A maximum of 312 residential dwelling units shall be constructed within this development. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. f. A 35-foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. g. Site amenities shall be provided for this development from each of the amenity categories as follows: a tot lot with a children’s play structure and a pool; a 50’x 100’ open grassy area as an open space amenity; and a fitness facility, enclosed bike storage, conference/business center and clubhouse as quality of life amenities, in accord with the standards listed in 11-4- 3-27D. h. Cross-access shall be granted to the properties to the east and to the south for future inter- connectivity. The recorded cross access agreement shall be submitted with the first certificate of zoning compliance application. i. With the first phase of development for the multi-family, the applicant shall construct a southern access to connect to E. Pewter Falls Street as shown in the attached Exhibit. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 1.1.3 The landscape plan included in Exhibit A.3, dated January 29, 2016, is approved with the conditions contained herein. 1.1.4 The site plan included in Exhibit A.4, dated November 18, 2015, shall be revised as follows: a. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. Meridian City Council Meeting Agenda August 15, 2017 – Page 75 of 299 16 - b. Parking shall comply with the standards listed in UDC 11 -3C-6 for multi-family dwellings and for the clubhouse listed in UDC 11-3C-6B. c. With the first phase, construct an access from the southwest corner of the Silverstone Apartments property to the existing stub street (E. Pewter Falls Street) in the Silverstone Campus Sub. d. Include a detail of the trash enclosures. e. Remove the gate from the E. Overland Road access. f. Remove the fencing from the required 35 foot landscape buffer or relocate to the interior edge of the street buffer. g. The cross access drive on the east boundary of the multi-family development shall shift to the south and align with the drive aisle between building D and F. 1.1.5 Submit a detail of the proposed children’s play equipment for the tot lot with the certificate of zoning compliance application. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.7 The submitted floorplans do not provide the required 80 square feet of private open space per unit. With the CZC submittal, the applicant shall submit floorplans that meet the requirements as set forth in UDC 11-4-3-27. 1.1.8 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.1.9 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.10 The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A copy of the document(s) shall be submitted with the first Certification of Zoning Compliance application. 1.1.11 Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. 1.1.12 Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. 1.1.13 The applicant shall obtain a Council waiver for the access to Overland Road in accord with UDC 11-3A-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. Meridian City Council Meeting Agenda August 15, 2017 – Page 76 of 299 17 - 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as proposed on the site plan. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. Meridian City Council Meeting Agenda August 15, 2017 – Page 77 of 299 18 - 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.3 Provide a water main stub to the southern project boundary in the newly required stub street. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association ditch owners), with written approval or non-approval submitted to the Public Works Department. Meridian City Council Meeting Agenda August 15, 2017 – Page 78 of 299 19 - If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4(b). 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 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 Meridian City Council Meeting Agenda August 15, 2017 – Page 79 of 299 20 - 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. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs 4.2 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 drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) Meridian City Council Meeting Agenda August 15, 2017 – Page 80 of 299 21 - 4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.11 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.14 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has requested details of the trash enclosures. Please coordinate with Bob Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT At the time of the Commission hearing, staff had not yet received a staff report from ACHD regarding this application. Meridian City Council Meeting Agenda August 15, 2017 – Page 81 of 299 22 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda August 15, 2017 – Page 82 of 299 23 - Meridian City Council Meeting Agenda August 15, 2017 – Page 83 of 299 24 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds that the proposed changes, as recommended by staff, to the Future Land Use Map are generally consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use - Regional uses will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses if the applicant complies with the conditions in Exhibit B. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed multi-family development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Council finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Meridian City Council Meeting Agenda August 15, 2017 – Page 84 of 299 25 - Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds that the proposed map amendment to C-G is consistent with the proposed MU- R FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statements of 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considered all oral or written testimony that was 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, 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). Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B and enters into a development agreement. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposed multi-family residential use in the C-G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the Meridian City Council Meeting Agenda August 15, 2017 – Page 85 of 299 26 - general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the general design, construction, operation and maintenance of the multi- family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. Council considered all public testimony that was presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Meridian City Council Meeting Agenda August 15, 2017 – Page 86 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 87 of 299 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Allison Aldape, for Emily Aldape (a minor), for Traffic Box Community Art Project for an amount Not to Exceed $300 MEETING NOTES 9 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 PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this ', _ day of August, 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Allison Aldape ("Contractor"), an individual person and parent or legal guardian of Emily Aldape, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as pant of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on June 1, 2017, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Dandelion, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 20, 2017, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 17-2017; WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork, to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Arhvork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. PROFESSIONAL SERVICES AGREEMENT — UTILITY Box WRAP PAGE I of 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 0 o f 2 9 9 C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: Allison Ald e Parent or Guardian of Emily Aldape CITY OF MERIDIAN: ARTIST: J J_�"_rj I'do r'p, Emily Aldape 0 BY: ,Attest: Tammy de eerd, Mayor m CAY COIW' City SEAL PROFESSIONAL SERVICES AGREEMENT —UTILITY Box WRAP PAGE 3 of 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 2 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 3 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 4 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 5 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 6 o f 2 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 5 , 2 0 1 7 – P a g e 9 7 o f 2 9 9 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Tarey Potter for Traffic Box Community Art Project for an amount Not to Exceed $300 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 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 1St day of August, 2017. ARTIST: --- �/OALI Tarey Potter CITY OF MERIDIAN: Tammy de Woe , Mayor ,q Cily of w.. t E IDIAN IDAHO SEAL TRV - Clerk ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 of 9 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 of 9 EXHIBIT A CALL FOR ARTISTS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 5 of 9 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 of 9 EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 7 of 9 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 8 of 9 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 of 9 EXHIBIT C COLOR CLOUD SPLASH Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to STEVENS & SONS WELL DRILLING, INC. for the STOREY PARK WELL project for a Not -To -Exceed amount of $59,550. MEETING NOTES � ak�»�uEo Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IT EM SHEET C ouncil A genda Item - 5.J. P resenter: E stimated Time for P resentation: Title of Item - Approval of Award of Bid and Agreement to S TE V E N S & S ON S WE LL D R IL LIN G, IN C . for the S TOR EY PAR K WE LL project for a Not-To-E xceed amount of $59,550. ATTAC H ME N T S: D escription Type Upload D ate C ontract C hecklist C over Memo 8/10/2017 C ouncil Memo C over Memo 8/10/2017 B udget Report C over Memo 8/10/2017 B id Results C over Memo 8/10/2017 B id A bstract C over Memo 8/10/2017 S igned C onstruction C ontract C over Memo 8/10/2017 P ayment & P erformance B onds C over Memo 8/10/2017 Insurance C ertificate C over Memo 8/10/2017 Meridian City Council Meeting Agenda August 15, 2017 – Page 108 of 299 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 Goodstanding C-12526 10/31/2017 I. PROJECT INFORMATION 8/7/2017 6/1/2018 FY17 8/2/2017 Parks Storey Park Well V. BASIS OF AWARD 7/28/2017 August 4, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION August 9, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 8/7/2017 Award based on Low Bid Highest Ranked Vendor Selected $59,550 Mike Barton If yes, has policy been purchased? Construction Contractor - Stevens & Sons Drilling/Consultant - SPF Water III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 5200 93405 10768 TASK ORDER RFP / RFQ BID Meridian City Council Meeting Agenda August 15, 2017 – Page 109 of 299  Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Mike Barton/PM Date: 08/09/2017 Re: August 15th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 15th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to STEVENS & SONS WELL DRILLING, INC. for the STOREY PARK WELL project for a Not-To-Exceed amount of $59,550. Recommended Council Action: Award of Bid and Approval of Agreement to STEVENS & SONS WELL DRILLING, INC. for the Not-To-Exceed amount of $59,550 and authorize Purchasing Manager to sign Purchase Order for Not-to- Exceed amount of $59,550. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 15, 2017 – Page 110 of 299 Cj.ty Of Melidr.arr Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Tncluded Io Report 01 - cenelal E\rnd 5200-Palks-Admin Frotr, 10/1/2A16 Through 9/30/2017 Budget with Actual Budgel Remaining Capital outlay Ir.prov-ments G Storey P.r k Totaf Capita L Outlay 13 0, 131 . 13 13 0, 131 . 13 0. 00 0.00 130-131.13 130-131. 13 1Q0.003 100.00* Percent of Budget Renaining 93405 DEPT EXPENDITURES TOTAL EXPENDITURES 130,131.13 I30, 131 . 13 0. 00 0. 0(l 13 0, 131 . 13 130,131.13 100.00r t ( s9100 ( Meridian City Council Meeting Agenda August 15, 2017 – Page 111 of 299 E IDIAN IDAH() BID NAME: Sto Park Well DUE DATE & TIME: Jul 27,2017 2:3O BID NUMBER: PKS-1746-10768 Opened Attest: VEN DOR E !@ dt = BID AMOUNT 5(Vlet-h < lon r'r'5a,550 Oo5 AZIWIF.E't/,/t/r'(IIIIIIIIIIIIIIIITITIIIIIIIIIIIIIIIIIIIII TSII BID RESULTS L] Meridian City Council Meeting Agenda August 15, 2017 – Page 112 of 299 CITY OF MERIDIAN STOREY PARK WELL BID ABSTRACT BID OPENING 7/27/2017 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total 1 Mobilization and demobilization 1 LS 15,000.00$ 15,000.00$ 4,000.00$ 4,000.00$ 2 Drill borehole 250 LF 200.00$ 50,000.00$ 90.00$ 22,500.00$ 3 Geophysical logging 1 LS 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 4 Furnish and install 8” steel well casing 22 LF 22.00$ 484.00$ 30.00$ 660.00$ 5 Furnish and install 8” PVC well casing 190 LF 25.00$ 4,750.00$ 30.00$ 5,700.00$ 6 Furnish and install 8” well screen 40 LF 120.00$ 4,800.00$ 160.00$ 6,400.00$ 7 Furnish and install sand filter pack 60 LF 50.00$ 3,000.00$ 38.00$ 2,280.00$ 8 Furnish and install annular well seal 190 LF 35.00$ 6,650.00$ 35.00$ 6,650.00$ 9 Well development 16 PH 350.00$ 5,600.00$ 280.00$ 4,480.00$ 10 Furnish, install, and remove test pump 1 LS 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 11 Test pumping 8 PH 225.00$ 1,800.00$ 165.00$ 1,320.00$ 12 Rig time 2 PH 350.00$ 700.00$ 280.00$ 560.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL BASE BID 99,784.00$ 59,550.00$ POST DRILLING INC STEVENS & SONS Meridian City Council Meeting Agenda August 15, 2017 – Page 113 of 299 CONTRACT FOR PUBLIC WORKS CONSTRUCTION STOREY PARK WELL PROJECT # 10768 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of August 2017, and entered into by and between the City of Meridian, a Municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and STEVENS & SONS WELL DRILLING, INC., hereinafter referred to as "CONTRACTOR", whose business address is 3709 N Hawthorne Dr. Boise, ID 83703 and whose Public Works Contractor License # is C- 12526-B-4. I Whereas, the City has a need for services involving STOREY PARK WELL; T M14 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, STOREY PARK WELL page 1 of 13 Project 10768 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $59.550. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. STOREY PARK WELL Protect 10768 page 2 of 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 115 of 299 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 Contractois 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: Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein. 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 determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 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. 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. lndependentContractor: 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 STOREY PARK WELL Project '10768 page 3 of 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 116 of 299 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 agreemenl 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 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. 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 for work 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. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless ClTy and it,s elected officials, officers, employees, agenls, 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 employee s. CONTRACT OR shall maintain.and soecificallv rees that it will main tn u hout the term IS reement liab il rnsu rance.in which the CITY shall be na med an additional insured in the minimum amounts as follow: General Liabili ty One ltlillion Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars (91,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory STOREY PARK WELL Project 10768 page 4 of 13 7. Sub-Gontractors: Meridian City Council Meeting Agenda August 15, 2017 – Page 117 of 299 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 amounl 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 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 exlent 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 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 orsubcontractors. STOREY PARK WELL Project 10768 page 5 of 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 118 of 299 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 with a Best's rating of no less than A-. 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 contracl services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance perthe ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execule 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. STOREY PARK WELL Project 10768 page 6 of 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 119 of 299 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 Stormwater Management Program (CSWMP) manual_ The CSWMP manual containing the procedures and guidelines can be found at this address: http.//www. merid ia ncitv. orq/environ mental. as px?id=1 3618 Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EpA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractols 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 Cily'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 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recordlng 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 oflen 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 STOREY PARK WELL page 7 of 13 Project 10768 Meridian City Council Meeting Agenda August 15, 2017 – Page 120 of 299 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. Conlractor witl 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 unlaMully 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: 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. STOREY PARK WELL Page I of 13 Project 10768 Meridian City Council Meeting Agenda August 15, 2017 – Page 121 of 299 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 soft\rare. 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. 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. STOREY PARK WELL Project 10768 page I of 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 122 of 299 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian STEVENS & SONS WELL DRILLING, INC, Purchasing Manager Attn: Ron Stevens 33 E Broadway Ave 3709 N Hawthorne Dr. Meridian, ID 83642 Boise, ID 83703 208-489-0417 Phone: 208-344-0726 Ernail: ron Stevensdrilling@g mail, corn Idaho Public Works License # C -'12526-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF_ 1AN----­­ STEVENS & S fI LING, INC. B BY: Y: TAMMY de RD, MAYOR Dated: -/1/7 Dated: Approved by Council: AV Ifl A/7 b9 - Attest: c'hy of C.JAY tOLES UIT'CLERK ERMAN&,— \ ! �"o SEAL STOREY PARK WELL page 10 of 13 Project 10708 Purchasing Approval BY: KEITH ATTS, Purchasing Manager Dated B ./O- t 1 Project Manager Mike Barton STOREY PARK WELL Project 10768 Depa nt p BY: IVIIKE N, PA s Superintendent Dated::-1-t1 page11of13 lt ) ")4t Meridian City Council Meeting Agenda August 15, 2017 – Page 124 of 299 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-1746.10768 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS inctuded in the lnvitation to Bid Package # PKS-I746-10768, 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 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by SPF Water Engineering dated February 2017 (27 of pases) a STOREY PARK WELL Proiect 10768 page 12 ol 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 125 of 299 Exhibit B MILESTONE / PAYMENT SCHEDULE Total Bid Schedule A $59,5s0.00 NOT TO EXCEED CONTRACT TOTAL $59.500J0 MILESTONE DATES/SCHEDULE Mrlestone 1 Final Completion 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the STOREY PARK WELL per IFB PKS-1746-'10768 Con add i tract is a not to exceed amount. Line item pricing below will be used for invoice verification and any tional 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 Contract Prici Schedule Description Quantity Unit Unit Price 1 Mobilization and demobilization 1 LS 4,000.00 25Q LF 3 tnGehical I Drill borehole 1 22.500.00 2,500.00 4 Furnish and install S" steel well casinq 22 LF 660.00 5 Furnish and insta ll 8' PVC well casing 190 LF 5,700.00 6 Furnish and install 8" well screen 6,400.00 7 Furnish and install sand filter ack 60 LF 8 Furnish and install annular well seal LF 2,280.00 6.650.00 o Well develo ent 16 PH 4,480.00 10 1 2,500.00 11 8 PH 1,320.00 Ri time 2 PH 560.00 STOREY PARK WELL Project 10768 page 13 of 13 A. Total and complete compensation for this Agreement shall not exceed $59,550. I 2 190 Item No. 40 lLFl FuJnish, install, and remove test pump Test pumpinq Meridian City Council Meeting Agenda August 15, 2017 – Page 126 of 299 @ Swiss Re Corporate Solutions KNOW ALL BY THESE PRESENTS, thAt WC,Stevens & Sons Well Drillino, lnc North Americsn Specialty lnsurance Company Washington International In6uran€e Compaly Westpo lDsurance Corporation 1450 America[ I"ane, Suite 1100 SchaumbErS, lL 50173 Bond# 2259018 as Principal, and as Surety, are held and firmly bound untoNorth American S oe oa Itv ln surance Com anD City of Meridian Fifty Nine Thousand Five Hundred Fifty Dollars and 00/100 Dollars ($59.550.00 whereof said Principal and Surety bind themselves, jointly and severalln as provided herein. - as obli gee, in the penal sum of ) for the p alment WHEREAS, Principal has entered into a contract with Obligee dated Storey Park Well Auq ust 15, 2017 for ("Contract"), which is incorporated herein by reference for the limited purpose ofdefining the scope ofthe Construction Work. NOW, THEREFORE, the condition of this obligation is such that if Principal promptly and faithfully performs the Construction Work, then this obligation shall be null and void; ot]erwise to remain in fulI force and effect. IT IS FURTHER PROVIDED, that: 1. The obligation of Surety under this bond ("Bond") shall arise only when all the following conditions have been met: (A) The Obligee has fi:lfilled its obligations under the Conhacq and @) Principal is, and Obligee has declared Principal to be, in material default under the Contract for failing to perform the Construction Work ("Principal's Default'); and (C) Obligee has terminated the Contract and notified the Surety in writing of Principal's Default and such termination. 2. When a[[ the conditions in Section I are met, Surety shall have a reasonable period of time to investigate and elect at its sole discretion one ofthe following remedies: (A) Notiff Obligee that Surety elects to complete lhe performance ofthe Construction Work through conhactor(s) retained by Surety and then commence such performance with reasonable promptness. h this event, that portion ofthe Contract Balance as may be required !o complete the Construction Work or remedy Principal's Default and to reimburse Surety for its expenditures shall be paid to Surety at the times and in the manner as said sums would have been payable under the Contract to Principal had there been no Principal's Default; or (B) Notiry Obligee that it elects to arrange for a contract between Obligee and a replacement contractor acceptable to Obligee, such acceptance not to be unreasonably withheld, guaranteed by both contract payment and performance bonds provided by the replacement contractor in the amount ofthe replacement contract. kl this event, Surety shall pay Obligee that portion of the cost of the replacement contractor that is in excess of the Contract Balance. Such payment(s) may be made to Obligee in a lump sum (in the event of a lump sum contract) or periodically as incurred by Obligee; or (C) Request Obligee to complete the Construction Work. In this event, Surety shall pay Obligee that portion of the reasonable cost to complete the Construction Wort incurred by Obligee that is in excess of the Contract Balance; or KRcv.04/17 Pagc I of3 PrnronvuNcE BoND Meridian City Council Meeting Agenda August 15, 2017 – Page 127 of 299 (D) A"rrange to give assistanee, financial or otherwise, !o the Principal to assist the Principal with completing the Conshuction Work. This remedy shall be zubject to Obligee's agreement, which shall not be unreasonably withheld. The Obligee shall pay the Conhact Balance as directed by Surety. In the event Surety provides financial assistance, Swety, in its sole discretion, may upon written notice to Obligee cease providing such financial assistance at any time, in which event Surety shall immediately make a further election under this Section 2; or (E) Noti$, the Obligee that Suety denies liability. Surety shall cite its reasons for the denial ofliability; or (F) After investigation, determine the amount for which Surety may be liable to the Obligee and as soon as' reasonably possible aller the amount is determined, make paymeni to the Obligee. 3. After Obligee has provided Surety with written notice of Principal's Default, and before the commencement of work under Section 2, subparagraphs (A) or (B), Obligee may, pursuant to its Contract dghts, mitigate the damages caused by the Principal's Default. If Obligee performs obligations under the Conhact during this period, Obligee shall be entitled to deduct the Mitigation Costs from the Conhact Balance. If the Contract Balance is exhausted, and Surety elects to proceed under Section 2, subparagraphs (A), (B), (C) or @), Surety shall reimburse Obtigee for the difference between the Contract Balance and the Mitigation Costs incurred and paid by Obligee. 4. If Surety proceeds under Section 2, zubparagraphs (A), (B), (C), @) or (F), Surety may also advise in the notice of its remedy election to Obligee that the Obligee's claim is disputed as to liability aDd/or amount and Surety is proceeding under and asserting a reservation of all rights, remedies, claims, and defenses. In the event Surery prevails, in whole or in part, with respect to the dispute regarding liability and/or amount of Obligee's claim and Surety paid monies in excess of the funds paid by Obligee to Suety, then Surety shall be entitled to recover the excess from Obligee. Surety's aggregate liabilityunder this Bond is limited to the penal sum ofthis Bond, regardless ofwhether the liability arises from the actions or inactions of Principal or Surety. The penal sum of this Bond shall be reduced by and to the extent of any and all monies paid by Surety under this Bond in excess of funds paid by Obligee to Surety. If Surety paid monies in excess ofthe penal sum ofthis Bond, then Surety shall be entitled to recover the excess monies liom Obligee. The Surety waives notice ofany change to the Contract. 5 6. Definitions: (A) The phrase "Contract Balance," means the total amount payable by Obligee to Principal under the Contract and any amendments thereto, less the amounts properly paid by Obligee under the Cootract. (B) The phrase "Mitigation Costs" means the cost actually incurred by Obtigee in proper performance of the Construction Work. Such costs shall be at hours and rates not higher than those Customarily incurred at the place ofthe Construction Work rmless Suety provides its prior written consent (C) The phrase "Conshuction Work" means all labor and materials necessary to complete Principal's scope ofwork under the Contract 7. Any suit or action by Obligee under this Bond must be instituted within one (l) year from the earliest of the following dates: (A) the date of substantial completion of the Constnrction Work; (B) the date Principal ceased performing thi Construction Work; or (C) the date of Principal's Default. If the limitation period set forth in this Bond is void or prohibited by law, then the minimum limitation period available to sureties as a defense in the jurisdiction ofthe suit or action shall apply and shall be deemed to have accrued and commenced. to run on thi earliest of the dates referenced in this Section 7 (A), (B) and (C). It shall be understood that in no event shall punch list, waranty, or maintenance work constitute Construction Work for the purpose of determining the limitation period for filing a suit or action under this Bond. Rcv, 04/l7 Page 2 of3Meridian City Council Meeting Agenda August 15, 2017 – Page 128 of 299 8. No prejudgment or pre-award interest may be recovered under this Bond. Post judgnrent interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average l -year constant maturity Treasury yield, as published by the Board ofGovernors ofthe Federal Reserve System, for the calendar week preceding the date of the judgment. 9. The Obligee is the sole beneficiary under this Bond. No right ofaction shall accrue on this Bond to or for the use ofany person other than the Obligee. This Bond is not transferable without the express written consent of Surety, and no successor or assignee ofobligee shall have any rights under this Bond. Any suit or action under this Bond shall be instituted in a State orFederal court ofcompetentjurisdiction in the location in which the Construction Work is situated. 10. Notwithstanding any'thing in this Bond or the Contract to the conhary, Surety shall have no liability to Obligee for: legal fees or costs; any form ofconsequential, indirect, punitive, or exemplary damages; or any liability ofPrincipal for tortious acts, whether or not said liability is direct or imposed by the Subcontract or otherwise. Nor shall this Bond serve as or be a substitute for or supplemental to any insuance coverage required under the Subcontract. I l. Notice or demand given to Surcty pursuaDt to this Bond shall be in writing and delivered to the following mailing address or email address: Swiss Re Corporate Solutions - Surety Claims 1450 American Lane, Suite I100 Schaumburg, IL 60173 SuretyClaimsNA_CorporateSolutions@swissre.com Signed this-lllL day of August , 2017 WelStevens & Son Dri --/ by ame:5t<Je,>rdc-.CTitlc: 1,,.: North American S by lL Brenda J. Smit al lnsurance Com Surety Atton STAL i!73 Page 3 of3 Y;fciyirrt l<, Rev.04/17 Meridian City Council Meeting Agenda August 15, 2017 – Page 129 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 130 of 299 @ Swiss Re Corporate Solutions LABORAND MATERIAL PaymnNT BoND KNOW ALL BY THESE PRESENTS, thAt WC,Stevens & Sons Well Drillino, lnc North American So ecial lnsu rance ComDanv Surety are North American Specialty Insuialce CoDpany Washington Intemational lNura[ce CoDpany Iy€stport Insuratrce Corporatlon 1450 Ameri(an lane, Suite ll00 Schaumburg, IL 60173 Bond# 2259018 ,as hincipal, and as held and firmly bound unto CitV of Merldian as Obligee, in the penal sum of Fiftv Nine Thousand Five Hundred Fiftv Dollars and 0 100 Dollars $ 59,550.00 WHEREAS, Principal has eDtered iDto a contract with Obligee dated Storey Park Well ) for the p&ymenl whereof said Prircipal and Surety bind themselves, jointly and severally, as provided herein. Auoust 15, 2017 for ("Contract"), which is incorporat€d herein by reference for the limited purpose oldefining the scope ofthe Construction Work NOw, THEREFORE, the condition of this obligation is such ftat if Principal promptly makes payment of all sums due to Claimants fo! labor, materials or rental equipmeot actually used, consumed or incorporated in the performance of the Conskuction Work, then Surety and Principal shall have no obligatiofl under tiis Bond ("Bond"). lT IS FURTHER PROVIDED, thatr l. The obligation of Surety unde! this Bond shall arise only when all the following conditio$ have been met; (A) Claimant has, within ninety (90) days of Claimant's last fumishiog of taboq materials, or rental equipment in the perfonnance of the Constructiol Work, provided wdtleD notice of nol-payment lo Principal, Surety (at the addrcss identified or this Bond) and Obligee stating with substantial accuracy the amount claimed and tho name of the party to whom the labor, materials, or rcntal equipment was fumished; and (B) Claimast has fumished a Prcof of Claim to Surcty along with th€ following: (i) A written statement including the name ofClaimant, the amount ofthe claim, the name ofthc party to whom the labor, materials, or rental equipment was fumished, a bdef dessriptioo of the labor, materials, or rEntal equipBent fumished, and the date on \a,hich Claimant last fumished such labor, rnaterials, or rcntal equipmeot for use in the perfomarce ofthe Construction Work; and (ii) A copy ofthe agreemen! coDtiact orpuchase order pursuant to which Claimant ftmished labor, materials, or rental equipment for usc ill the performance of the Conskuction Work; and (iii) A statement ofaccouot showing the total amount eamed by Claimant, the amount of previous paynents received by Claimant, and the total amount due aod unpaid to Claimanq and (iv) Copies ofall unpaid invoices for which Claimant is making the claim. 2. No suit or action shall be commenced by Claimant under this Bond after the expiration ofone (l) year from the date on which Claimant last fumished labor, materiols, or rcDtal equipmert foruse in the performonce ofthe Conskuction Work, Ifthe limitatiotr period set forth in this Bond is void or prohibited by law, then the minimum limitation pedod available to sueties as a defense in thejurisdiction of the suit or actiorl shall apply and shall be deemed to have accrued and commenced to run on the date on which Claimant last furnished the labor, matcrial, or rcntal equipment for which Claimant is making the claim. For purposes of dctermining the limitation pcriod, performance ofthe CoNtruction Work shall not include punch list, warranty, or maintenance work. Notwithstanding anrthing in this Bond or the Contract to the contrary, SuEty shali have no liability to Claimant for legal fees or costs or any form ofconscqucntial, indirect, punitivc, or exemplary damages. No prcjudgmcut or pre-award interest may be recovered undcr tbis Bond. Postjudgment itrtercst shall be calculated from the datc of the entry of thc judgme[! at a rate equal to thc weekly avcrage l -ycar constant maturity Trersury leld, as published by the Board ofGovemors ofthe Federal Reserve System, for the caleDdar week preceding the date of the judgncnt. 3 Rev.04/17 Page I of2 Meridian City Council Meeting Agenda August 15, 2017 – Page 131 of 299 4. The aggregate tiability of Surety under this Bond shall not exceed the penal sum ofthis Bond; aod the penal sum of this Bond shall be rcduced by and to the extent ofall pa).menls made by Surety under this Bond. 5. Any suit or action under this Bond shallbe instituted in a State or Federal Court of competent jurisdiction in the location in which the CorNtructiol Work is sih]ated. No dght of action shall accrue on this Bond to or for the use of any individual or entity othcr thatr a Claimant. This Bond is not raDsferable. 6. Notice or demand giver to Surety pursuant to this Bord shall be in writing and delivered to the following mailing address or email address: Sx.iss Re Corporate Solutions - Sulety Claims 1450 Americar Lane, Suite I100 Schaumburg, IL 60173 SuretyClaimsNA_Corporatesolutions@swissr€.com Delinitions (A) The words "claimant" and "claimants" mean one or more individuals or entities having a dircct contract with Principal or with 8 subcontractor ofPri[cipal for labor, material, or rental equipment actually used, consumed or incorporated in the performance ofde Construction Work. (B) The. phrase-"Construction Work'r means all labor, materials, and rental equipment necassary to complete Principal's scope of work under the Contract. Signed and sealed this 15th day of Au USt A.D., 2017 IN THE PRESENCE OF: Stevens & Sons Well Drillino, lnc, by Zun S/av q,s p -es, J--C Name: Title: North American S lnsurance Surety by Bre J. Smith Attome;. Rev.04/17 PaEc2olZ /-lnncip* . )Z ,/) )1973 Meridian City Council Meeting Agenda August 15, 2017 – Page 132 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 133 of 299 S}VISS Rf, CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPA}IY WASHINGTON INTERNATIONAL INSURANCE COMPAI.IY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Iruurancc Company, 8 corporatior duly organized and existing under la\rs ofthe State ofNew Hampshire, and hsving its principal office in the City ofoverland Parlq Kansas, and Washington Intemational Insurance Company, a corporatioo organized and existing under the laws of thc Slste ofNew Hampshire and haviog its principal ollice in the City ofoverland Par*, Kansas. each does hercby make, conslitute and appoinr Brenda J. Smith Principal: Stevens & Sons Well Drilling, Inc. Bond Number:2259018 Obligee: City of Meridian Bond Amount: See Bord Form Bond Description! Storey Park Well Its tue and lawful Attomey-in.Fact, to make, execute, seat and deliver, for and orl its behalfand as its act and deed, bonds or other writings obligatory in the nature ofa bond on behalf of each ofsaid Companies, as surety, on coltracts ofsuretysbip as are or may be required or permitted by law, r€gulation, cont'act or otherwise, provided that no bond or undedaking or contract or suetyship executed under this authority shall e\ceed the amount of: FIFTv MILLIoN ($50,000,000.00) DoLLARS This Power ofAnomey is gmnted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of Directors ofboth North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 96 ofMay,20l2: "RESOLVED that any two ofthe Presidents, any Maraging Dircctot ary Senior Vica Pre8ident, any Vice President, any Assistant Vice Prcsident, the Secretary or any Assistant Secrelary be, and each or any ofthem hereby is authorized to execute a Power ofAttomey qualiling the attomey named in the given Power ofAttorney to execute on behalfofthe Company bonds, undertakings and all contracts ofsurety, and that each or any of them hereby is authorized to attest to the execution ofany such Power ofAttomey and to attach therein lhe seel ofthe Compaay; and it is FURTHER RESOLVED, that thc signaturr ofsuch officers and the seal ofthe Company may be allixed to any such Powcr of Attomcy or to any cenificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signalures or facsimile seal shall be binding upon the Company when so alfixed and in the future witi r€gard to any bond, undedaking or contract ofsurety to which it is attached," By SEAL Sl.r., P. And.fun, Sdhr Vk fr.dd.nl of \Yinlnetor IntE.!.I@.| l!!unn.! CoDp.ny & 9rior vl.. ?Gld. or,lodh Am.ner Spfti.lty ltuuon.. Cohprn, By & S.rhrvlc. PFdd.nr.rN.nn Amr|.ln Spsl.lty l unroCMp.n, IN WITNESS WHEREOF, North American Specialty Insurance Company and \Yashington Intemational Insurance Company have caused their official seals to be hereunto affixed, ard these presents to be signed by their authorized omcers this ]![day of November 20t6. North American Specialtv Insurance Comprn!' Washington International Insurance Company State oflllinois County of Cook ss On this !![ day of November 2O-!!- before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intemational ltrsuraocr Company and Senior Vice Prcsident ofNorth AmericaD Specialty Insuranc! Company and Michael A. ho . Senior Vice President ofWashington Intemational Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that th€y signed the above Power ofAltomey as oflic€rs ofand acknowledged said instrument to be the volunhry act and deed oftheir respective companies. M. Kenny, Notary Public I, Jeffr€v Goldberg . the duly clcctcd AssistantSccretary of No.th American Specialty Imurance Company and Washingtot Intemational Insurancc Company, do hcrcby ccrtify that thc above and foregoing is a true aod corrcct q{py ofa Power of Attomcy givcn by said No.th American Specialty Insu.anc€ Company and Washington Intemational Insurance Company, which is still in ftll force and cffect. IN WITNESS WHEREOF, I have set my hand and aflixed the seals ofthe Companies this 15th day of August ,2ol'l SEAL * MY @lillrlssloN OGIHES 1 OFFIOAI. SEIL lil I(EIINY NOTABY H.EJC, SIAIE OF IINOS ,cftGy Coldb.tE Vk. Pcltat & A$hknr S.ctl.ry or W6hingI@ Lrcmii@l IBul.G Chpsy & Nafi Ar6im Sfct.lry lNuac! CnFry "4f**- Meridian City Council Meeting Agenda August 15, 2017 – Page 134 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 135 of 299 STEV&SO41 CERTIFICATE OF LIABILITY INSURANCE R DATE {MM/OO'iYYY) 08t02t2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: lf the certiticate holdor is an ADDITIONAL INSURED, the polioy(ios) must havo AOOITIONAL INSURED provisions or bo 6ndorsed. It SUBROGATION lS WAIVED, subjoct to the lormsand conditions ofthopolicy, certain policios may roquiro an ondoBomont. Astatemonton this Gortificate doos not confer rights to tho certiticato holdor in lieu ot such ondorsomoht(s). fil, *.r,(zoa) lz+-zsss INSURERIS) Af FOROIIiG COVERAGE ]NSUREO N PHONE (208l. 424-29OO INSIJRER C Boise Oftico Paynowost lnsuranco, lnc. 960 Broadway Avonue Suite 100 Boise, lD 83706 rNsuRER a rContinental Western lnsurance Company tNsuRER I :ldaho state lnsurance Fund Stevon6 & Sons Wirll Diilling, lnc. 3709 Hawthorne Drive Boiso, lO 83703 INSURER D INSURER E ITISURER F VERA RTIF tst ER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE EEEN ISSU EO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANOING ANY REQUIREMENT, TERIVI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VV}IICH THIS CERTIFICATE IVAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH E TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LIirlITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS, 'lS wpE oF rNsrrRlxcE i.?"o.t ""V,"S poLrcy NUTBER ,ISHBLffi, ,!9H9",'i€, ,*,r" , EACH OCCURRENCE , S DAMAGE TO RENTED iE8lMlsES (Ea (rlfcloeL s LUED ExP (any one peMn) , S PE&SoNAL & ADrr' !!!!L . $ . GEN€RAL AGQ8qQ!]E , 5 PROOUCTS COMP/OP AGG $ 1,000,000 300,000 ao,ooo 1,000,000 2,000,000 2,000,000 cPA2691959-31 06t01t2017 06t01t2018x S A X couueacnl cENERAL LrABrLrry cLArMs MAoE X occuR GEN'L AGGREGATE LIMIT APPLIES PER I "o,"" ix- 5$9 [ ] .o" I orxen OWNED AUTOS ONLY HIRED AUTOS ONLY ] COMBINEO SINGLE LIMII !E! lcqdrot] 060112018 BoDtLy TNJURv iperpsm) l ,,000,000 c PA269't 959-3 t s x s $ s 5 o6t01t2017 BOD LY N.]URY A ourocoE,...,o.,.'tt (Pera@,denl) X occua I "*,rr-r^0, LE l$ $ '1,000,000 1p00,ooocPA2691959-31 06101t2017 06101t2014 lo.oTl*.r.^.,L*i A UMARELLA LIAB X ExcEss LraB EACH OCCURRENCE AGGREGA'TE 519761 B o4to1t20't7 04t01nua E L D]SEASE POL]CY LIMIT STATLJTE OTH. ]ER llEAC c DE NI 1,000,000 EL DSEASE.EAEIiPLOYEE, S x 1,000,000 't,000, ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOEO'(M.nd.lory In NH) OF OPERATIONS below WORKERS COMPENSATION ANO EMPLOYERS' LIAAILIIY DESCRmO OF OPERATIONS / LOCATIOI|S / VEHICLES (ACORD 101, A.L!t ond Rl !r.rb S.fi.dul., m.y b..tbcrrld il moE.p.o is Eq!tuld) Prorcot . Storey Park Wcll c TION O 1988-2015 ACORD CORPORATION. All rights reserveq. v Tho ACORD name and logo are registared marks ot ACORO m\ SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE WTH THE POLICY PROVISIONS-City ol Moridian Purchasing Manager 33 E Broadway Ave. Moridian, lD 83&{2 lvL AUTHORIZEO REPRESENIAIIVE ACORD 25 (2016/03) ,-l,ACORD 10804 3512s SCIEDULED AUTOS NON,OWNED AUTOS ONLY Meridian City Council Meeting Agenda August 15, 2017 – Page 136 of 299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as olherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A, MISCELLANEOUSADDITIONALINSUREDS 1. Section ll - Who ls An lnsured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1.c.(1) through A.1.c.(8) below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an lncludes copyrighted material of lnsurance Services Office, lnc., with its permission COMMERCIAL GENERAL LIABILITY cL cG 04 92 09 16 additional insured on your policy, provided that: a. The written contract or wrilten agreement is: (1) Currently in effect or becoming effective during the term of this policy; and (2) Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "per- sonal and advertising injury". Provision Name Of Coverage Extension lncluded or Limit of lnsurance A Miscellaneous Additional lnsureds lncluded B Expected Or Intended lnjury Or Damage lncluded c Knowledge Of Occurrence lncluded D Legal Liability - Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 Medical Payments $ 1 0,000 F Mobile Equipment Redefined lncluded G Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage lncluded H Who ls An lnsured - Amendment lncluded t.Non-Owned Watercraft (lncreased to maximum length of less than 51 feet) lncluded J Supplementary Payments - lncreased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ I ,000 K Unintentional Omission Or Unintentional Error ln Dasclosure lncluded L Waiver Of Transfer Of Rights Of Recovery Against Others lncluded M Liberalization Clause lncluded N lncidental Medical Malpractice lncluded cL cG 04 92 09 16 Page 1 of 7 E, Meridian City Council Meeting Agenda August 15, 2017 – Page 137 of 299 b. The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c. Only the following persons or organi- zations are additional insureds under this provision, with coverage for such additional insureds limrted as provided herein: (1) Managers Or Lessors Of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (2) Mortgagee, Assignee Or Receiver A mortgagee. assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (3) Owners Or Other lnterests From Whom Land Has Been Leaaed An owner or other interest from whom land has been leased to you but only with reEpect to liability arising out of the ownership, mainte- nance or use of that part of the land leased to you and subject to the following additional exciusions: This insurance does not apply to: (a) Any "occunence" which takes place after you cease to lease that land. (b) Structural alterations, new con- struction or demolition opeaations lncludes copyrighted material of lnsurance Services Office, lnc., with its permission performed by or on behalf of such additional insured. (4) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused,in whole or ln part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement wth you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment Iease expires. (5) State, Municipality, Govemmental Agency Or Subdivision Or Other Political Subdivision - Permits Or Authorizations Relating To Premises Any state, municipality, govern- mental agency or subdivision or other political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (i) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you owr, rent or control andto which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of adver- tising signs, awnings,canopies, cellar entrances, coal holes. driveways, manholes, marquees, hoist away openings, sidewalk vaults, slreet bannersor decorations and similar exposures; or cL cG 04 92 09 15 Page 2 ol 7 Meridian City Council Meeting Agenda August 15, 2017 – Page 138 of 299 (1.2) The construction, erec- tion or removal of elevators; or (1.3) The ownership. main- tenance or use of any elevators covered by this insurance (ii) Operations performed by you or on your behalf for whichthe state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. (b) This insurance does not apply to "bodily injury", "property dam- age" or "personal and advertising injury" arising out of operations performed for the state, munici- pality, governmental agency or subdivision or other political subdivision. (8) Controlling lnterest Any person(s) or organization(s) with a controlling interest in the Named lnsured but only with respect to their liability arising out of: (a) Their financial control of youi or (b) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations. new con- struction or demolition operations performed by or for such person(s) or organization(s). (7) Co-Owner Of lnsured Premises A co-owner of a premises ccowned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. (8) Vendors (a) Any person(s) or organization{s) (referred to as vendor), but only with respect to "bodily injury" or "property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business. lncludes copyrighted material of lnsurance Services Of{ice, lnc., with its permission The insurance afforded the vendor does not apply to: (i) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or written agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the written contract or written agreement; (ii) Any express warranty unau- thorized by you; (iii) Any physical or chemical change in the product made intentionally by the vendor; (iv) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manu-facturer, and then repackaged in the original container; (v) Any failure to make such inspections, adjustments, tesls or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (vi) Demonstration, installation, servicing or repair opera- tions, except such operations performed at the vendor's premises in connection with the sale of the producq (vii) Products which. after distri- bution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor: or cL cG 04 92 09 16 Page 3 of 7 Meridian City Council Meeting Agenda August 15, 2017 – Page 139 of 299 (viii) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: (1.1) The exceptions contained in Sub- paragraphs (iv) or (vi); or {1.2) Such inspections, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organi- zation, from whom you have acquired products, or any ingredient, part or container, entering into. accompanying or containing such products. 2. With respect to coverage proyided by this Provision A. Miscellaneous Additional lnsureds, the following additional provisions applv: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does not apply: (1) To "bodily iniury" or "property damage" included within the "products-completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and adve(ising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c, The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional lnsureds, the following is added to Section lll - Limits Of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement; or b. Available under the applicable Limits Of lnsurance shown in the Declarationsi whichever is less. This endorsement shall not incr€aae the applicable Limits Of lnsurance shown in the Declarations. B. EXPECTED OR IIITENDED INJURY OR DA]tl|AGE Exclusion 2.a. Expected Or lntended lnjury of Section I - Coverage A - Bodily lnjury And Property Damage Liability is deleted and replaced by the following: a. Expected Or lntended lnjury Or Damage "Bodily inlury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. XNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties ln The Event Of Occurrence, Offense, Claim Or Suit of Section lV - Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officef' or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (i) How, when and where the "occurrence" or offense took placej lncludes copyrighted material of lnsurance Services Omce, lnc., with its permission cL cG 04 92 09 16 Page 4 ol 7 Meridian City Council Meeting Agenda August 15, 2017 – Page 140 of 299 (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the "occurrence" or offense. D. LEGAL LIABILITY - OAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) lf damage to premises rented to you is not otheMise excluded from this policy or coverage part, then the following provisions apply: 1. Under S€cthn l- Coverage A - Bodily hjury And Property 'Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section lll - Limits Of lnsurance. 2. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section | - Coverage A - Bodily lnjury And Property Damage Llablllty is deleted and replaced by the following: Paragraphs (1), (3) and (4) oi this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll - Limits Of lnsurance. 3. Paragraph 6. of Section lll - Limits Of ln3urance is deleted and replaced by the following: 6. Subject to Paragraph 5. aboye. the greater of: a, $300,000; or b. The Damage To Premises RentedTo You Limit shown in the Declarations, is the most we will pay under CoverageA for damages because of ,,property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic flre protective systems, while rented to you or temporarily occupied by you with permission of the owner. This lirnit will apply to all damage proximately caused by the same event, whether such damage results from flre, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.{lxaxii) of Paragraph 4. Other lnsurance of Section IV Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is flre, lightning, explosion, "smoke" or leakage from automatic fire protectrve systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. "lnsured contract" of Section V - Definitions is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic flre protective systems to premises wlrile rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6. As used in this Provision D. Legal Liability - Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile flre". E. MEDICAL PAYMENTS lf Corerage C - Uedical Payments is ftot otherwise excluded from this policy or coverage part, the lvledical Expense Limit is changed, subject to lhe terms of Section lll - Limits Of lnsurance, to the greater of: a. $10,000; or b. The lredical Declarations. Expense Limit shown in the F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. ,,Mobile equipment" of Section V - Definitions is deleted and replaced by the following: lncludes copyrighted material of lnsurance Services Office, lnc., with its permission cL cG 04 92 09 16 Page 5 of 7 Meridian City Council Meeting Agenda August 15, 2017 – Page 141 of 299 (1) Equipment with a gross vehicle weight of 1 ,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZA- TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3, of Section ll - Who ls An lnsured is deleted and reptaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporationi b, Majority interest of more than 50o/o as a general partner of a newly acquired or formed partnership; and/or c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named lnsured if there is no other similar insurance available to that organization. However, for these organiza- tions: (i) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlie( (ii) Section I - Coverage A - Bodily lniury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited fiability company; (iii) Section l- Coverage B - Personal And Advertising lniury Liabitity does not apply to "personal and adve(ising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operationsof the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or ce(ificates of organization; and (vi) Coverage only applies for those part- nerships who have established a date of formation as recorded within a written partnership agreement or partnership certmcate. H, WHO IS AN INSURED. AMENDMENT The last paragraph of Section ll - Who ls An lnsured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section ll - Who ls An lnsured; b. Current joint venture; or c. Past partnership, Joint venture or limited liability company; that is not shown as a Named lnsured in the Declarations. I. NON-OWNEDWATERCRAFT Subparagraph (2) of Exclusion 2.9. Aircraft, Auto Or Watercraft of Section I - Coverage A - Bodily lnjury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J, SUPPLEMEilTARY PAYMENTS - INCREASED LIiIITS Section I - Supplementary Payments - Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to 91,000 a day. lncludes copyrighted material of lnsurance Services Of{ice, lnc., with its permission cL cG 04 92 09 16 Page 6 of 7 Meridian City Council Meeting Agenda August 15, 2017 – Page 142 of 299 M. LIBERALIZATION CLAUSE The following is added to Section lV - Commercial General Liability Conditions: lf we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG000'l for no additional charge, and those changes are intended to apply to all insureds under this edition of CG000'l, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1xd) of Section ll - Who ls An lnsured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section lV - Commercial General Liability Conditions. cL cG 04 92 09 16 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission Page 7 of 7 K. UNINTENTIONAL OMISSION OR UNINTEN. TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section lV - Commercial General Liability Conditions: However, the unintentlonal omission of. or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTI{ERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section lV - Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products-completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. Meridian City Council Meeting Agenda August 15, 2017 – Page 143 of 299 This endorsement modifies insurance provided under the folloWng COMMERCIAL GENERAL LIABILITY COVERAGE FORM A, The following coverage is added: ADDITIONAL INSURED . OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS INCLUDING PRIMARY NON-CONTRIBUTORY 1. Section ll - Who is An lnsured is amended to include as an additional insured any person(s) or organization(S) for whom you are required by virlue of a written contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. 2. The insurance provided to the additional insured is limited as follows: a. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: (1) Acts or omissions of the Named lnsured: or (2) The acts or omissions of those acting on behalf of the Named lnsured; in the performance of the Named lnsureds work for the additional insured(s) speciriedin the written contract provided the contract or agreement requires you to provide the additional insured such coverage and is: i. Cunently in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury", "property damage,, or "personal and advertising injury". b. lf the written contract specifically requires you to provide additional insured coverage via the '10/01 edition of CG2010 (aka CG 20 10 10 01) or via the 11185 edition of CG2010 (aka CG 20 10 11 85), then in COMMERCIAL GENERAL LIABILITY cL cG 05 29 09 16 paragraph 2.a. above, the words caused in whole or in pad by are replaced by the words arising out of. c. The insurance afforded to such additional insured only applies to the extent permitted by law, and d, lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. e. This insurance ends at the earliest of the following times; (1) When any Named lnsured(s) work called for in the written contract has been completed (2) When all of any Named lnsured(s) work done at a job site has been completed if the written contract calls for work at more than one job site (3) When that part of any Named lnsured(s) work done at a Job site has been put to its intended use by any person or organization other than the Named lnsured or those acttng on the Named lnsured(s) behalf. Work that may need service, maintenance, correction, repair or replacement, but is otheNise complete, will be treated as completed f. This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. g. For purposes of paragraph A. of this endorsement, the terms "you" and "your,, refer to the Named lnsured shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES lncludes copyrighted material of lnsurance Services Office. lnc., with its permission cL cG 05 29 09 16 Page 1 of 3 Meridian City Council Meeting Agenda August 15, 2017 – Page 144 of 299 3. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and (2) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. b. Subject to Paragraph c, below, professional services include: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as part of any related architectural or engineering activities. c. Professional services do not include services within construcilon means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the Supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily iniury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendenng of, or the failure to render, any professional architectural. engineering or surveying services. 4, Limits of lnsurance With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreementi or b. Available under the applicable Limits of lnsurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. 5. Other lnsurance For purposes of this endorsement, the following is added to the Section lV - Commercial General Liability Conditions, 4. Other Inauranee condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess. contingent or any other basis. But, if required by a Mitten contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named lnsured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. B. The following coverage is added: CONTRACTUAL LIABILITY - RAILROADS 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V - Definitions is replaced by the following: 9. "lnsured Contract" means: a. A contract for a lease of premises. However, that portion of the contractfor a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under lncludes copyrighted material of lnsurance Services Office. lnc., with its permission Page 2 of 3 cL cG 05 29 09 16 Meridian City Council Meeting Agenda August 15, 2017 – Page 145 of 299 which you assume the tort liability of another party to pay for "bodily injury" or property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specafications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect. engineer or surveyor. assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph(1) above and supervisory, inspection, architectural or engineering activities. 2. Other lnsurance For purposes of this endorsement, the following is added to the Section lV -Commercial General Liability Conditions, 4, Other lnsurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protecttve Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named lnsured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. The following coverage is added: NON.EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision: The limit of liabitity for "Non- employment discrimination" coverage available to pay settlements or judgments will be reduced, and may be exhausted, by defense expenses. The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS OF COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. "Non-employment discrimination" means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition,or any other protected class or characteristic established by any federal, state or local slalutes, rules or regulalions. "Non-employment discrimination" does not include violation of civil rights ansing out of past, present or prospective employment. Any obligation to the insured to pay "non- employment discrimination" liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for "non- employment discrimination" is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplementary Payments - Coverage A andB do not apply to non-employment discrimination. D. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION lll - LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the sameor connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a @ilroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsemenl CL CG 05 29 paragraph O. Aggregate Limits Of lnsurance does not apply. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission cL GG 05 29 09 16 Page 3 of 3 Meridian City Council Meeting Agenda August 15, 2017 – Page 146 of 299 COMMERCIAL GENERAL LIABILITY cL cc 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED . OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION ll - WHO lS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue ofa wriften contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily iniury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: (1) Acts or omissions of the Named Insured; or (2) The acts or omissions of those acting on behalf of the Named lnsured; and included in the "products-completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1. Currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the "bodily hjury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by lawl and b. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. For purposes of this endorsement, throughout the policy, the terms "you" and "you/' refer to the Named lnsured shown In the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1. The rendering of or failure to render any professional services by you oron your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims againstaoy insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodity injury" or "property damage", or lhe offense which caused the "personal and advertising jn.iury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. Subject to Paragraph 3. below, professional services include: a, Preparing, approving, or failing to prepareor approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and lncludes copyrighted material of Insurance Services Office. lnc.. wth its permission cL cG 20 7,1 09 16 Page 1 of 2Meridian City Council Meeting Agenda August 15, 2017 – Page 147 of 299 b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limits of lnsurance With respect to the insurance atforded to these additional insureds, the following is added to Section lll ' Limits O{ lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarationsi whichever is less. This endorsement shall not applicable Limits of lnsurance Declarations. increase the shown in the lncludes copyrighted material of lnsurance Services Office. lnc., with its permission D. Other lnsurance For purposes of this endorsement, the following is added to the Section lV - Commercial General Liability Conditions, 4. Other lnsurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named lnsured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 ol 2 cL cc 20 71 09 16Meridian City Council Meeting Agenda August 15, 2017 – Page 148 of 299 $3fn17 Referencec onnecl Berkley North Pacific Group I Forms I 01/01/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERW DAMAGE LIABILITY is amended as follows: ParagraplB (3) and (4) of this oxclusion do not apply to tools or equiprnent loaned to you, provided they are not hing used to perform operations at the time of loss. 2. SECTION lll - LIMITS OF INSURANCE is deleted and replaced by ttle following: The most we will pay in any one "occurrence" for "property damage" to bono\,ved equipment is $15,000. This limit of insurance is the most we will pay regBrdless of the number of: a. lnsureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicaue to "property damage' as the result of any one "@cunence', regardless of the number of persons or organizations who sustain damages because of that "occurence". b, The terms of this insurance, including those with respect to our right and duty to defend the insured against any ''suits" seeking tho6e damages; ard yoJr duties in the event of an "occsrence", claim, or "suit" apdy inespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to ef{ect settlement of any claim or suit aM, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. GONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occunences" under COVERAGE A (SECTION l), and for all medical expenses caused by accidents under COVERAGE C (SECTION l), which can be attributed only to ongoing operations at a single construction pro.lect away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction proJect away from premises o\,vned by or rented to the insured, and that limit is equd to the amount of the Gereral Aggregate Limit shovvn in the Declarations. b. The Single Construction Prolect General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily in1ury" or "property damage" included in the "products- cornplded operaions hazard, ard for medicd expenses urder COVERAGE C regBrdless of the number of: (1) lnsureds; (2) Claims made or "suits" hangrht; or (3) Persons or organizations making claims or bringing "suits". c. Any payTents made under COVERAGE A for damages or under COVERAGE C fff medical expenses shall reduce the Single Construction Projecl General Aggregate Limit for that construction project away from premises gwned by or rented to the insured. Such payments shall not reduce the General Reig(€ate Limit shor;vn in the Declarations nor shall they.reduce-any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises ou/ned by or rented to the insured. - d' The limits sho,vn in the Declarations for Each Occunence, Fire Damage and Medical Expense continue to apply. Ho\ /ever, instead of being subject to the General Aggregate Limit shdvn in the Declarations, such limits wiil'b'esub,ect to the appticable Single Construction project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by ,,qccunences,, undercovERAGE A (SEcTloN l), and for all medicd exlensei caused by accidents "unoer CoVeHlce C tsECrrot ll, tttss/ vww.silverplume.corn/SPor{irdsPsage.aspx?cmd=doc&id=AK CL CG 0o 20-01_12 hfn&Gd=291ocrdgt&ssEmate&rd=102E692&tsig= Do yxE2B.1/4 Meridian City Council Meeting Agenda August 15, 2017 – Page 149 of 299 4nfn17 RefererE€Corr€cl which cannot be attributed only to ongoing opeErtions at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount availaue under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Consttuction Poject General Aggregate Limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily 'njury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Pro.iect General Aggregate Limit. 4. lf the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction prciect. 5. The provisions of Limits Of lnsurance (SEGTION lll) not otheMise modified by this endorsement shall continue to apply as stipulated. C, LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I - Coverage A is replaced by the follo\,\,ing: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) At or frorn a storage tank or other container, ducts or piping which rs below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any olher means if the actual, alleged or threatened discharg€, dispersal, seepage, migration, release or escape of "poliutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "poilutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcont€ctor. Subparagraph (b) does not apply to "bodily injury" or "property damage' arlsing out of heat, smoke or fumes from a "hostile fire". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or.regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test foi monitor, clean up, remove, contain, treat, detoxify or neutralize, oi in any way respond to, or assess the effects of, "pollutants"i or (b) Claim or suit by or on behalf of a govemmental authority for damages because of testing for, mo#todng, . clear*ng up, removirg, cstair$rg, trcdir€, detoxiryirg. or retrtrdlzing or in any-way responding to or assessing the effects ol "pollutants". Ho/vever, this paragraph does- not apply to.liability for those sums the insured becomes legally obligated topay 6 darnages becanse of "poperty &mage" that tfp inswed wordd have in the albseree -of strhrequest, demand,. order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of agovemmental authority. 2. With respect to "bodily inJury" or "property. damage" ansing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants,,: a. The "Each Occunence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of lnsurance (Section lll) does not apply. c. Paragraph 1. of Section lll - Limits Of lnsurance is replaced by the following: The Limits Of lnsurance sholvn in this endorsement, or in the Declarations and the rules below fix the most we willpay regardless of the number of: (1) lnsureds; (2) Claims made or',suits,, brought; or https:/A ww silverplume com/sPoriirdsPsage aspx?cind=doc&id=AK-cL-cG-oo_20_0'1-12.hkn&fed=29.1oodgt&seEmab&d=1078892&sis=DD3634XE2B 2l4 Meridian City Council Meeting Agenda August 15, 2017 – Page 150 of 299 4Ym17 RefererE€onrEcl (3) Persons or organizations making claims or bringing "suits". d. The following are added to Section lll - Limits Of lnsurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A;and b. Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threalened discharge, dispersal, seepage, migration, release or escape of "pollutants" is 5100,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1 - COVERAGES: We will pay, at your r€quest Jor "propcrty damage" to that part of any prop€rty: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was inconectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions j.(3),(4),(5) and (6) do not apply to this coverage. This insurance does not apply to "property damage' included within the "exdosion hazard", the "collapse hazard" or the "underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION lll - LIMITS OF INSURANCE is replaced by the following: A. Limits of lnsurance 1. Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence" for "property damage" under this endorsement is $15,000. 2. Unless a higfEr limit is slD\rn in the Declarations, the most we will pay for all covered "occunences" durng any one policy period is $15,000 Aggregate Limit of lnsuEnce. tttFsr/'l./ww silverdume.com/sPoriirdsPsage.aspx?cmd=docEid=AK cL cG oo 20-01_12.htm&fed=291oodgt&seEmate&d=1o7E892&lsig=DD3634xE2B.3t4 The Umits of lnsurance of this endorsement apply separately to each consecutive annual penod and to any remaining period of less than 12 months, starting with the beginning of the policy penod shown in the DeclaEtions, unless the policy period is extended after issuance for an additional period of less than 12 months. ln that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of lnsurance. 3. Oeductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occunence", regardless of the number of persons or organizations who sustan damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an ,'occunence,, claim, or',suit" apply inespective of tfE @icdion of the dedtrctiue anc[mt. c. .._Yve..may _pay any. part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action takeni you shall p.omptly reimbuBe us for such part of the deductible amount as we have paid. !.^ ioj tle purposes of the coverage provided by D. VoLUNTARY PRoPERTY DAMAGE, sEcTtoN tv -COMMERCIAL GENERAL LtABtLtTY CONDIT|OIIS is amended as fo ows: a. The following is added to paragraph 2. Duties ln The Event Of Occurrence, Ofiense, Claim or Suit: ln the event of loss covered.by lhis endorsement, the insured shall, if requested by us, replace the prope(y orfurnish the labor and materials necessary for repairs at actual cost to lhe insured, 'exciudihg prospebtirie piotit or overhead charges of any nature. . Any property so paid for or replaced shall, at our o-piion,'becom6 ouiproperty. Any payment made by us shall not constitute an admission bf liability by an insured, or'by us. b. Paragraph 4. Other lnsurance is amended as follors: ('t) Paragraph 4,a. p mary lnsurance is deleted. Meridian City Council Meeting Agenda August 15, 2017 – Page 151 of 299 nat2017 Referenc€C onnecl (2) Subparagraphs (1) and (2) of paragraph 4,b. Excess lnsurance are deleted and replaced with the follorving: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other lnsurance contained in the Commercial General Liability Coverage Form are applicable. 5, For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V - DEFINITIONS: a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage' arising out of the explosion of air or steam vessels, p{ping under pressure, pfime movers, machinery or power transmitting equipment. c. "Structural propedy damage" means the coll@se of or structural injury to any building or structure due to: ('l) Grading of land, excavating, bonowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, undepinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard' includes "underground property damage" and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage" to wires, conduits, pipes, mains, selvers, tanks, tunnels, any similar property, and any appaErtus used with them beneath the surface of the ground or water, caused by and occuning during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, bonowing, filling, back-filling or pile driving. @Berkley North Pacific Group q20'17 Vertafore, lnc. All Rights Reserved. https:/ ^'ww'silvefd ume com/sPoni irdsPsage 6px?. cm d= doc&id=AK-c L-cG-m_20_01_1 2 htn &ftd= 291ftIdsl&seEmab&d= 1078892&lsig= DD3634xE2B 4t4 Meridian City Council Meeting Agenda August 15, 2017 – Page 152 of 299 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Sole Source purchase to TC Sales & Services for "Vaughan Pump" Purchases. Council has previously awarded a sole source for these pumps. The manufacturer has moved its distribution to a new vendor MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 6K 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: Adam Jennings Date: 8/10/2017 Re: August 15 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 15 th City Council Consent Agenda for Council’s consideration. Approval of Sole Source purchase to TC Sales & Services for “Vaughan Pump” Purchases. Council has previously awarded a sole source for these pumps. The manufacturer has moved its distribution to a new vendor Recommended Council Action: Approval of Sole Source to TC Sales & Service for all Vaughan Pumps. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 15, 2017 – Page 154 of 299 E IDIAN PURCHASING AGENT 33 Easl Broadway Avenue Meridian, lD 83842 Phone:208{88-4433 Fax: 208€87-4813 Date : Julv 1 8,2017 Item or Service: Vauohan Submersible Choooer Pumos and related comoonents- Peroetual Sole Source: Refer to instruclions on 2d page for completion. JUSTIFICATION: (Attach additional pages if needed) The City of Meridian has standardized lift stations and specific plant operations where submersible chopper pumps are required to include Vaughan submersible chopper pumps. The Vaughan pumps frt directly on the existing rail system at lift stations and existing plant prccesses, which will eliminate the need for substantial engineering, plumbing, and additional equipment that would need to be purchased to allow altemate brands of pumps to be considered for this application. The compatibilig of equipment and components, accessories, computer software and replacement parts are of paramount consideration since this product needs to interface directly with the plumbing and programming already in place in lift stations and treatment plant. Additionally, the City cunently has Vaughan pumps installed and mmpatibility and standardization of the pumps is essential to reduce the amount of spare parts needed on hand for emergency repairs and preventative malntenance. TC Sales is an exclusive distributor of Vaughan produc{s in Southem ldaho and Utah. Distributors are not permitted to sell outside of their manufacture designated areas and boundaries. Therefore a competitive solicitation is impractical, disadvanlageous and unreasonable under the circumstances. IOAHO CITY OF TIER]DIAN SOLE SOURCE FORM /Item is available from only one vendor. ltem is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. Meridian City Council Meeting Agenda August 15, 2017 – Page 155 of 299 La^'reLi 1Y/o Council Approval Dale: Requestor Name) Purchasing Approvel: Managet CERTIFICATION: I am aw8r. of tho rsquil€msnts s€t torth h th€ Cllys RJrchadng Policy E Procodurss Manual b[ coflrpatltlv! blddlr€ ard lhc establl3hsd critorta brlustfication br 8ob Eourcry'solo brand purdra6ing. I havo gethcrad l6chnlcal lnrotmatbn and havs made a concsrlod €fod to rdi€w comparabls/€qual oqulpmeot, I hroby crrtlty as to lh€ vdldity o, the lnhrtnatbn and fad conffdcnt that tils iu8lifcatlon fur sol6 sorrc€/sol€ brand me6b fie ClVs critrds srld ls accuralo. Please see attached the attached lotter from Vaughan Company whlch verifies the sole soutce designaton. Meridian City Council Meeting Agenda August 15, 2017 – Page 156 of 299 July 12, 2017 City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 To Whom It May Concern, The appointed Vaughan Company Inc. Representative and sole source for the City of Meridian, ID, including sales, service and parts is TC Sales & Service. Please contact them for pricing, information or any other assistance you require. TC Sales & Service PO Box 963 Sandy, UT 84070 Cell: 801.201.3121 Office: 801.619.8076 E-mail: cory@tcsalesco.com Sincerely, Stefanie Vaughan Vaughan Company, Inc. Phone: 360.249.4042 ext. 227 E-Mail: stefanie@chopperpumps.com Meridian City Council Meeting Agenda August 15, 2017 – Page 157 of 299 Meridian City Council Meeting DATE: Auqust 15, 2017 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Approval of Change Order 3 to JC CONSTRUCTORS for the "WRRF LIQUID STREAM CAPACITY EXPANSION" project for a Not -To -Exceed amount of $94,514.57. The new contract total of $35,555,582.76 is (-$9,417.24) below the original contract value due to the 2 previous deductive change orders. Therefore no additional funds are required. MEETING NOTES &I APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 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 $94,515 Emily Skoro If yes, has policy been purchased? JC Constructors III. Contract Type II. BUDGET INFORMATION (Proj ect Manager to Complete) 60 3590 96151 10601.D TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Change Order reviewed, assessed, evaluated and approved by Brown & Caldwell. 1/3/2017 Award based on Low Bid Highest Ranked Vendor Selecte d VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 7/26/2017 August 9, 2017 I. PROJECT INFORMATION 8/9/2017 7/1/2018 Yes 3 FY17 8/9/2017 PUBLIC WORKS WRRF Liquid Stream Capacity Expansion V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION No additional funds are required as the new contract balance is still ($9,417.24) below the previous contract value N/A N/A N/A N/A Goodstanding PWC-C-14336 6/30/2018 Meridian City Council Meeting Agenda August 15, 2017 – Page 159 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 160 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 161 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 162 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 163 of 299 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $35,565,000,00 Original Contract Times: 896 days Net changes from previous Change Orders Net changes form previous Change orders (oatendar days) No. 1 to No, 2 No. 1 to No, 7. Notechonaeoidernumborshere $103,931.81 Note chengeordernumberahere 36 days aramoun ❑ amoo nets Net.Inc"reale (decrea's'e) of fhisChange;Order; ;: ;::: " "- N'*,t, l icrease (de'oreaeo) 6t this'Cliange Olde ' • ••;: :;i:, .:,,, :,?;z` .�::�;.:,�� caiendarde's` :,^;: ;,,i. ;;;; '!"�;.'�' �}.' 20 om "ner o amoun o, 's oor a s _ r.' is Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) -$9417.24 56 days New Contract Prioe with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendardays) $35,556,582.76 952 days APPROVED: (CltyPurchas)ngl4anager) ACCEPTED: (contractor) By: Keith Watts 4�1 �IG�Od'// - By: Date: ._ (� - Pate: '7 a 5� RECOMMEN ED: (City oJaciManager). r•1 - tCfl1 t3t)2_ pA7E APPROVED BY COUNCIL (If required) A By: NO SIGNATURE REQUIRED Date: — 7 _ , DATE: (Please see attached sheet. 5:'S5 :f,4'.; ir. ti_ �y. ..vc.. .�y i_• .. •f. _ is i` _ _ , rU'se:Onl' •il• �:3:•�.-• ..x,e:, �i:>>, of „!.•'� - .•fid:'. •••-- - tAva a I , Aft��li'R i'i •:.;�! t.i, X, BU r - � :Arierd�lnent^: :•: -��- D"e'S at ufnift t I ffr�fb•=A`enda J;�A �ova''D'•�'e��;�'.�`. - . ppr I dt _ •. 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Meridian City Council Meeting Agenda August 15, 2017 – Page 248 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 249 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 250 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 251 of 299 CTRAKiT Ftm I s.rup.naccosnr rtor" @[E eeue sEn ne Fdsor P.$wd Page I of 1 Permits Licenses Sea.ch Trad€ L@n$s Public WOrkS Search i search Asain Downroad Resulis Printabre v'ew UNL MITED lnspections First Prev Details - License Numbor: PWC-C-14336 Elevators Violations Shopping Cart Contact ds inreDEt tEn urlliztEn of rh6 Ebeire 'ndi{l.r undeBr..dr^c a.d a@pl.no or $is 3rabtunr hltp3 /i|w dr ho go vh boui urpnv.cy-po I ry/ ) 1{0c95t!Oa,a, 1O9O E W.t .losr Sl, S{ii. 150 Mr*l.n l0 43542 rror\,!E coNTAcl PWC C 14336 00001 . 00002. 00003 1.2 3.5 ACTIVE Fees i4.840 00 Expire: Tvp6: Sub-Type: St tu.: Company: Call: Pagor: PI4/GC,14336 4t13,2017 6/3(V2018 PUBLIC !I/ORKS UNLIMITED ACTIVE JC Coodrudors, lnc. (208) 8954105 (208) E5G1375 Lic lnto (2m) 8918106 https ://web.dbs.idaho. gov/etrakit3iCustom,{daho PublicWorksSearchRslts.aspx 8t912017 Next Last Meridian City Council Meeting Agenda August 15, 2017 – Page 252 of 299 Client#:48ACORD- CERTIFTGATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER REVISION NUMBER: LTE cTH IS TIER CAFITE S SUS ASED ETT oR IN FO RM Tto oN LN N D ONc RSFE oN RI G UHTS TPON EH E RTIFc CA TE TH sEcRTItcETooNOTESFRTIVELRoEGANLTIVEoENNEXTEORDRHETOVEcERAGFOERDBDYPOLtcEBLOWTHSEcTIRTEFICAFoNSRAUcNDENOToEscoNSTITUTEcoTNTRACETWEaENTHIESUsNGNSREURTHOUDRIZE(s)ER R EES NT VETI Ro RP Do CEU TD EH ERcR,T TEFICA RTPO NT:tf th ifirt ate olh de rs DO T NALto N Us ER D the ust endbe rsed f Us RBicv()TtoOGA tsN AIVED ub ctjthetcditindnsthofolrlaiiespenvPodomenl,mstateayqu ent t ih ifirt a dte noes ot ri hts thtoshcertificateduchdtI) Moreton & Company - ldaho P.O. Box 191030 Boise, lD 83719 208 321-9300 [#. r"r, 208-32.t-oio1 AFFORDING COVERAGE Alaska National lnsurance Co Linda Hansen iJ3,n:, .,'t, zos 32t -gloo [ffi!", lhansen@moreton.com 38733 JC Construclors lnc 1305 E Columbia Road Meridian, lO 83642 INSUREO INSURER O INSURER E ED ABOVE FOR THE POLICY PERIOD NT WITH RESPECT TO WHICH THIS N IS SUBJECI TO ALL TIIE TERMS. TAN TH S S CTO RTIE THA TT EH PO C E S INOF RANCESU L STE BD HELOW VE AEEN UEDSS oT NSU E NoNDtcaTEDOTWITHNSDNGREOUENTREI\I NlTER CONOR D NTro o CO NTRACT o OTH DOER MCU ECRTITEBISEUSDEoTHESNCEt-EORD BYD HET oLtct SE ESCD ll8ED EXCESLUONSNDOFUSCHESCLITSI\,4 H aVE EE N DUE D BY D CLA M tNs CE N LIMITS 00,000s10 s500 000 s1 000 s1 000 000 GENERAL AGGREGATE s 0 000 PRODIJCIS. COMP/OP AGG s2 000 000 A Forms: ANtCGLl0811108 ANtCGL10821108 ANtCGL11870716 17GPS08438 x x D x COMMERCIAL GENERAL LIABILITY LOC x P ]"*,r"roo. [! o""r* "ou"" fill$$ OTHER 7t01t2017 MEO ExP (Any mo p66@) PERSONAL & ADV INJURY 07 to'l1201 EACH OCCURRENCE 5 INGLE LIMITc 1,000,000xAOOILY INJURY (Psr p€Bon)S x A x x '17GLU08438 17GAS08438 x x x 0 x AUIOMOBILE LIAEI!ITY s10000 OCCUR RETENTI Form: ANtCCAl15010 t3 SCHEOULED NON4WNEO AUIOS I EXCESS LIAB 101t2017 t0112017 BOOTLY TNJURY (Pda@dal) 07 t01t20'l 07101t201a EACH OCCURRENCE ^GGREGATE te9ildjd.n0 s6,000,000 .6 000 000 x OIH. E.L EACH ACCIDENT s1 000 000 sl 000 000 A WORKERS COTllPENSATION ANO ErlPIOYERS' LIABILITY ANY PROPRIEIOR/PARTNERTEXECIJIIVF OFFICEfuMEMEER EXCLUDED? OESCRIPTION OF OPERA 17GWS08438 710112017 E L, DISEASE. F:A EMPLOYEE 07 t01t201 E L OISEASE- POLICY LI]VIT sl 000,000 DESCRIPTION OF OPERATIONS / LOCATIO NS / VEII ICLES The City of Meridian is an additional ins IACOR0 lOl, Additional R.m.rts Sch.dut., m.y bt.n.ch.rt f moE sp.c.ls r.quk.d) ured per forms ANICGL'10811108 and ANtCGL10821108 attached CER TE HOL LLATION @ 1988-2014 ACORD CORpORAT|ON. A rights resorved The ACORO name and logo are registe.od m.rks ot ACORO LINHA A SHOULO ANY OF THE ABOVE OESCRIAED POLICIES BE CANCELLEO BEFOREIHE EXPIRATION DATE THEREOF, NOTICE IryILL AE DELIVEREO IIi ACCOROANCE WTTH THE POLICY PROVISIONS. City of Meridian 33 East Broadway Ave Meridian, lD 83642 I A'q-r".*< AUTHORIZED REPRESEI{TATIVE ACoRD 2s (2014/01) ,t of 1 fs944071/M944033 JCCON 6t29t2017 HOLOER, THE HOLOER. lieu of INSURER A: THE PERTAIN. CONDIT ONS SHOWN GEN'L AGGREGATE LIMIT APPLIES PER: HIREOAUTOS S S Meridian City Council Meeting Agenda August 15, 2017 – Page 253 of 299 Alaska NationalINSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS (PRIMARY AND NON.CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsemenl modities insurance provided under the following: COMIUERCIAL GENERAL LIABILITY COVERAGE PART SCHEOULE Name Of Additional lnsured Person(s) OrO nization Location And Descri erationstion Ot Com leted City of Meridian 33 East Broadway Avenue Meridian, ldaho 83642 Project location: Meridian Wastewater Resource Recovery Facility Project description: WRRF Liquid Stream Capacily Expansion - Construction Project #1060L D lnformation r will be shown in the Declarationsuired to com lete this Schedule if not shown above A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury,, or "property damage" caused, in whole or in part, by"your work" at the location designated and described in the schedule of lhas endorsement by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract for this location and described completed operations contains a specific requirement that this insurance be primary or primary and non- contributory ln that case we will not share withinsured and included erations hazard".that other i the other performed in lhe "prod at-a!diii mp B. lf other v 1d nd collectibl in la wheth n a Pnma e s, continge her ba rs,IS available cover un provided to the additional ns a los is endorse the ts other insur e r,t ance on a pro-rata or other basis. lI rance available to the additional on cess, contingenl for which it hasSao AS de b sured, then the ment iS excesse tnsu n sov at Ins a cee lns a This endorsement changes the policy to which it is attached and, unless otheMise stated, is effective on the dateissued at 12:01 A M. standard time at your mailing address shown in the policy. The inio.-"tLn U"ro", isroquired only when this endorsement is issued subsequent to commencsmenfof the poli6y. Endorsement Effective lnsured Countersigned By AN|C GL 't081 11 08 Policy No Endorsement No. 1O Meridian City Council Meeting Agenda August 15, 2017 – Page 254 of 299 AlaskaNational INSUFIANCE COMPANY ADDITIONAL INSURED . OWNERS, LESSEES OR CONTRACTORS . SCHEDULED PERSON OR ORGANIZATION (PRIMARY AND NON.CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ame Of Additional Insured PeBon(s) Or Organlzation(s):Location(s) Of Covered Operations City of Meridian 33 East Broadway Avenue Meridian, ldaho 83642 Project location: Meridian Wastewater Resource Recovery Facility POect description: WRRF Liquid Stream Capacity Expansion - Construction Project #10601.O lnformation required to complete this Schedule, if not shown above . will be shown in the Declarations A. Secti,on ll - Who b An lnsured is amended to includeas an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for'bodily iniur/', "property damage' or "personal and adverlising injury' caused, in wtple or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those actng on your behaIi in tt€ performance of your ongoing operations for the additional insured(s) at lhe location(s) designated above. B. lf other valid rance, t/tfiether on a any other b6is, ispnmary, e available to lor under this SU this endo HolYever, er nsu endo will be p additional a prerata or other basis. lf the other insurance available to tile addilional insured, wtlelher on a pflmary. excess, contingenl or any other basis, b coverage for which it has been named as an additional insured, then he co\€rage provided by this endorsement is excess over that other insurarEe. C. Wth respecl to the insurance afforded to these additional insureds, the follo ,ing additional exclusions apply: Thb insurance does not apply to "bodily injury" or ''property damage" occuning after: l. Al rrcrk, including materials, parts or equipment fumished connection with such \,rcrk, on the han service, maintenance or repairs)project ( to be or af of the additional covered operations the pe a o( d, UTof es or ( of ch lhe injury or intended use by er than another ed in performingloss, if the n s contains a sp th pn pal a part of the same primary or primary and no utory. ln that case project. we will not share with that other insurance on a This endorsement changes the policy to which it is atlached and, unless otheMise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is requirgd only when this endorssment is issued subsequent to commencement of the policy, Endorsement Effective lnsured Countersigned By rance provi d co o additional ment, then s excess to rsa AN|C GL 1082 11 08 Policy No Endorsement No. 11 by Meridian City Council Meeting Agenda August 15, 2017 – Page 255 of 299 @B AlaskaNatiorpl CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENOORSEMENT THIS ET'IDORSEMEilT CHA}IGES THE FOLEY. PLEASE REAO ]7 CAREFULLY. This endorsement modities insurance provided under the following: COM MERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforcled urder this extension oJ cor'erage endorsement does not apply to any person or organizalion coveled as an additional insured on any oth€l endorsement mw or fpreafter anabnio to tnG boverage Rlrt. SCHEDULE OF COVERAOES ARE SUI/ ARIZED BELOW '1. Miscellaneous Addltional lnsur€dsI addtrorEl rnsured exterBorE Primary and Noncontributory lnsurance 2. Oamage To Ptemlses Rented to You Limit increased to $500,000 3. Medlcal Paym€nts Umits increased to $15,000. Reporting period increased to ltree years trom the date of acoidert. 14. ln Rem Actiong 1. MISCELLANEOUSAOOINONAL INSUREDS Section ll Who ls An lnsu.ed i6 amended to include as an additional lnsured any person or organization describ€d in Paragraphs Za. through 2.h. belovv whom you are required to add aB an additional insured on this policy under a written contract or written agreemert. However, the written contract or written agreemer must be t. Cunertly in etrecl or becomir€ efleclive durirE the term of this polacy; and 2.5. SopplerrEntaryPaymnts Cost of bail bonds increased to 510,000 Oaily loss of eamirgs increased to $5m 6. Neuly Fomed Or AcqulrEd Organlzstions Co,/erage e)dended to the end of the poftcy period or the next annivecary of this policy's etfecti\€ &te Executed p.ior to the 'bodily injuq/, 'property damagE' or "personal in ury and advertising iniuqf , Ujt 7. LiberalizationClause 8. Uninlentional Failure To Disclose Hazards 9. Notice of Occurrence Only the followirE perEorc or organrzationsare sdditional insure(h under this endoraemert and coverage pror'ided to such addnional insureds is limited as provi@d herein a. Stale or Governmental Agency or Subdivision or Political Subdivi- sions Arry state or gorernrnental agency or subdivisbn or political subdvisiontfEt has lsst.Ed a p€rmit rn connection with operations performed by you or on your b€half and lhat you are requrred by any ordinance, law or fuildirE code to irclude as an addrtional rnsured on this cor'erage part i6 an additronal insured, but only with respect to liability for "bodily injuq/,'p(operty damage",'personat and aclvertisirg inury" arisirg out ol srch operations 10. Eroad Knourledge of Occu.r€rce 11. Bodily lnjury - Extensbn ot Coverage 12. Erp€cted O. lntended lnjury Reasonaue force - bodily iniury or property da rnage. 13. Elankat Walver ot Subrogation Waiver cf subrogEion where required by wntten contract or written agreement. ANIC GL 1187 07 16 Page 1 of 6 INSURANCE COI,/IPANY 4. l.lon-owned Watercraft lncreased to 50 feet. Meridian City Council Meeting Agenda August 15, 2017 – Page 256 of 299 J AlaskaNatiorlpll b. Controllinglnter€st The insurarEe provided to such state or political sLbdvision does ml apdyto arry .bodily aniuq/, "property darnage' or 'personal and advertisingirlul/ arisirE oul of operatiorB performed for ttEt state or potitical subdvision. e. Owners ot Other lnterests From \rvhom Land Has Bc€n Leased (ll Their financial control of t,ou, or (2) Premi6e€, they own, maintain or control while you lease or occuFry tlEse pfemises. Thi$ insurarEe does not appv b stfl,Etural alterations, new @nstruction and defidition operatiorE perfonned by or fol such additionat irBured. c. Managers or Leasors of Premises A manager or lessor of premises hJt only with respecl to liability ariEing out of tlE oflnershtp, maintenance or use of that specfrc pan o, the p.emlses leased to you and subiect to the following additional exclusions This irBurance @s not apply to: (1) Any "ecurrence' which takes place efter you cea8e to be a tenart in that premises, or (21 Structural alterations, new con- stnrtion or (brnolition operations performed by or on behatf of such additional arEured An olyner or other irderest from whom land lEs been lersed by you but only with respect to liability aristng out of the owrErship, rEintenance or use of that speoific part of the land leased toyou and suqect to the foltowtrE ad(rtional exclusionsl This insurarEe do€s not apply to: (1) Any 'occurrence" which takes dace after you cease to lease thal land; or (2) Strudural alteratiorE, new con- struction or @rnolltion operations performed by or on behalf of such additional ansured f. Co-owner o, lnsured Premises A coowner of a pemiseE co-ownedby you and co\€red under this insurance hjt only with respecl to the co-o\arners liability as co-o,vner ot sr.rch premises. g. L6sor of EqulprEri( Any person or organizatton from whom you lease equipment. Srlchperson or org6nization ts an additional irEured only with respect to thear liability for 'bodity injury', 'property damage' or 'personal and Advertising iniury" caused, in whote or in parl, by your mair enance, oper- ation or tEe of equipmer( leased to you by such person or organizalion. A petson's of organization's status asan addfional irsured under this endors€merl ends when their written contract or written agreenEnt with you for srch leased equipment ends. Wth respecl to the insurance aforded ttEse adcritional insureds,ti€ followirE additional exclusions apdy: This insurance do€s not apdy: (1) To any 'occurrence" which takes place after the eguipmert lease expiresi or Any person6 or orgEnizations with a controlling interesl in you but only w(h respect to their tiatitty arisirE out ol d. ilbrtgagee, Assigno€ or RecGivet A mortgEgee, ass€nee or receiverbd only with re$pect to their tiahitity as mortgagee, assignee, or receiver and adsing out of the owne'shap, maint€nance, or use of a p(emis* by you This irsurance doe6 not apply to struclural alteralions. new cohstnJc-tion or demolition operations perfonned W ot fot such addtionat aftsured. AN|C GL 1't87 07 16 Page 2 of 6 INSUEANCE COMPANY Meridian City Council Meeting Agenda August 15, 2017 – Page 257 of 299 3 AlaskaNatiotplINSUFANCE COMPAIVY (21 To "bodily iniury, 'property damage", or "personal ard advertising iriury" arising out ofthe sole rEgltgerEe of auch additional lrEwed. h. Owners, Lessees or Conttactors (11 Such person or organization i$ an additional irBured for 'bodilyinjuv, 'property darnage" and 'personal and advertisirB iniuq/ if, and only to the extert that, ttE iniury or &mage is caus€d by negl(?enl acts or omBsions of you or ),our subconfactor in the performance of 'your worlf towhich the written conlract apdres. ThE per8on or organi- zation does not qualify as sn addrtional insured with respeot to iniury or darnage ca6ed in wholeor in part by independent negligent acts or ombsions of srch p€r6on or organization. (21 Ho,vv€ver, this ansurance doer not apply to 'bodily injufy" ''property darnage" or 'perEonal and advertising injury' arising out ofan architect's, engine€is, or 6uNeyo/s renderirE of or failureto render arry professional seMces includangl L the p(eparing, approvirE, or failir€ to prepare or appro\€ map6, drawings, opiniorE, reporb, surveys, changeorders, design or specilDations; and ll. sr.pervisory, irBp€ction, or engneering services. (31 The ansurance provided to this additlorlal irBured, does not co/e, 'todily in ury' or "p(operty darnage' caused by your rEgltgent acts and omisstorE in tfE performance of 'your worl(' that occurs within the "products. comdeted operations hazard', unless the written contract contains a specific requiremer(tlEt you procure completed operations ooverage or coverage within the'producls-completed op€rations hazard' for the additional insured. However, even if coverage within the "products-completed operations hazard" is required by the wrinen contract, such cor'erage is available to the additional insured only if the "bodly anju!]y'' or 'property @mage' occurs prior lo the end of the [rne period durirE which you are required by the written contract to p(ovide such co\rerage or the exoration date of the policy, whictEver comes first Any insurance provided to an additional insured designated under l%ragraph6 25. through Zg. abo\,e (bes not apply to "bodity iniuy or 'property damage" included wthin the prodrcls-comdeted operalions hazard " Prirnary And l{oncontributory lnsurance The follovlring is added to ttE Otfte. lnsurance Condition artr supersedes arry provision to the contrary; This insurance is pnmary to and wtll not seek contrihrlion from any other insurance available to an additional ,r6ured urder your policy Fo/ided that; (l) The additional irEr,red is a Named lnsured under such other irEurance; and (2) You tnve a$eed in writing in a contract or agreeEEnt tlEt th,s irEuranoe would be p(irnary and would not seek oortribution from any other irsurance available to the addfiorEl irEured Section lll - Umlts of lnsurance, lhe fo owing is added: (1) Requred by the contract or agrcement, or (2) Available under th€ applicable Limits of lnsurance shown in the Declarations; AN|C GL 1'187 07 16 whichever is less Page 3 of 6 Wth respecl to the insurance afforded tc the addtional insureG described in tlaragraptr a, through h. abo\€, ltE m6t vve will pay on behatfof such a*litional insured is ttE amount of insuran@, Meridian City Council Meeting Agenda August 15, 2017 – Page 258 of 299 0 AlaskaNatioral This pro/ision shall rDt increase the applicabte Limits of lnsurance shown in the Declaralion 2. Damage T6 Premlses Rented to You SECTION III - LIUXTS OF INSURANCE, Pafagraph 6. is replac€d by the follor/ing 6. Su$ect to Paragraph 6. above, ttE Oamage to Premises Rented to You Limit is th€ mo€t we will pay under C,a\erage Afor damages because of "P.operty damage' to any one prerdses, ufiile rerited lo you, or in the case of damage by fire, while renbd to |,ou or temporarily occupied by you with permission of the ownef 3. MEOICAL PAYMENTS A. SecUon lll - Limits of lnsurance, Paragrafi 7. is replaced by the fo owing 7. Subject to Paragrafi 5 above t€ Medical Expense Limit is the most ',rc witl pay under Covorage C tor all medtcal expenses becaus€ of "bodily iniuql stEtained ry any one person lf a tmit is sholrn for Medical Experse in the Oeclaratioos the mo6t wE will pay under Coverage C for all medical expeGes becaGe of 'bodiv iniury sGtained by any orE person is the Limit shown in the DeclaratiorE or S15,m0, which€ver is greater B. This p.ovision 5 (Medicat Payrnents) dtes riol apply if S€c{ion I - Covefage C ltHical Payments is excluded either by the prorisions of tfr€ Coverage furt or by endofs€ment. C. ?aragraph f .a.(sxb) of Sec0on I - eoverqe G - iiedhal PafrEnts, is redaced by the followirg: (bl TtE experEes are incurred and reponed to us within ttree ),ears of ttE date of tlE accident; and 4. NONOWNED WATERCRAFT (b) A watercmft tM you do not own that is: (l) Less than 50 feet long and (ll) Not beirg used to carry persorN or prop€rty for a chargE B. lf Paragraph A does not appty, Paragraph g. (2) of 2. EXCLUSION under SECTION I -COVERAGEq COVERAGE A - BODILYIruURY ANO PROPERW OAMAGE LIABILITY is replaced by the fo owirE (2) A watercraft that you do not o,vn that is. (!l LesE tltsn 50 feet tong; and (b) Not being used to carry persons or prope.ty for a ctnrge 6. SIJPPLEIIGIITARY PAYi,EHT9 A. lf endorsernent CG 21 09, CG 21 10, CG 2lt 50, or CG 24 51 l3 attached to the pollcy, Paragraph A.2. g. l?l (b) as replaced by the following A. Under Seclion I - Supplementary Pa)ments- Coverage A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by 510.m0: Corerage under this provision is afforded only untl lhe end ot the policy period or the nexl anniversary of lhis polioy's effective date after you acquire or form the organtzation, wtlicfEver is earlier B. ln Paragraph 1.d., the limit of s25o sho,vn for daily loss of earnings is reptaced by 95m 6. NEWLY FORMED OR ACOUIRED ORGANIZATIONS Paragraph 3,a. of Section ll - Who ls An lnsured is deleted and replaced by tfle following AN|C GL 't187 07 16 Page 4 ot 6 INSUFANCE COMPANY lf 8 limit is shown for Oamage to premises Rented to You th€ rno$ we will pay under Co/eragE A for damages because or "property damage" to any one premisB is ttE Umit sho n in tlle Declarations or $500,000, wtriclever is greater. Meridian City Council Meeting Agenda August 15, 2017 – Page 259 of 299 J A/asikal{efiiotlpll 8. UNI]TITENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - COII'UI/IERCIAL GENERAL LIABILITY CONDITIOiIS - Paragraph 8. -Representadons is replaced by the follo,ving. 6. Representa0ons By accepling this policy, you agree: a. The slatem€nls in tte Declaralions are accurate and corndete; b. TtE6e stateffpnts are based representatiorE you made to [B; ard upon c. We have issued this policy in relianc€ upon your re presentations The uninteritional omission of, or onirtentional error in, any information you prorided to us which we relied upon in issuing this policy will mt p(eiudice your rights under this insurarEe Hc iever, this pror'ision does not atfect our right lo oollect addtional premium or to exercise our rigtts of cancellation or nonrereural in accordanc€ with applicaHe lav/€ and regulatiorE. 9. NOTICE OF OCCURRENCE Secdon V - Dstinltons, the definition of "bodily inluqf is clEnged to readl "Bodily iniunf means bodily injury, sickness or diseaae sustairEd by a person, includirg &ath, humiliation, thocK nErtal erEuish or mentat inlury by that percon at any tirne which results as a cons€quence of the bodily injwy, sickness or dis€ase INSUEANCE COMPANY 7. LIBERALIZATIONCLAUSE lf v/e adopt a change in our fonns or rules which would broaden coverage for cortraclor6 under this endors€mert without an additional premium charge, your policy will automatically provide the additaonal co\erages as of the date the revision is effective in your state The following ,s added to Paragraph 2 of Section lV - Comm6rcial General Liabllity Condations - Dutiei ln The Event of Occunence, Offense, Claim or Suit: Your nghts un@r this Coverage Part wilt not be pre,udrced f you fail to give us notce of an 'occurrerEe', offense, olaim or 'sutt' and that failure is solely due to your reasonable betief that tf'e 'bodily injuq/ or "property damage" is not covered urder this Coverdge Parl Hows'/er, you slull gve wriuen notrce of this "occurrence", offerE€, claim or "suit'to rls as soon as you are aware that thls insurance may apply to srch "occurrence", oflerEe, claim of -suit ' 10. BROAD KNOWLEOGE OF OCCURRENCE You mll6t give us or our authorized represertative mtice of an "occurerr€", offense, claim, or "6uit' only when the 'occurrence'. offense, claim or 'auit' is kno,,rn tol (1) You, if you are an individual, (2) A partner, it you are a parlrErship; (3, An executive otricer or the emFoyee designated by ).ou lo give such mtice, if you are a corporalion; or (4) A managEr, if you are a timited liaUlity company .I.I. EXPANDED BODILY INJURY ,2. EXPECTED OR II,ITENDEO INJURY The following rs added to Paragraph Z of Section lV - Co,rln€Ic&al General Liabllity Condldons - Duties in The Event of Occurrence, Offense, Clalm or Suit: Exclusion a, of Secton I - Coverage A - Eodllylnjury and Propsty DaflEge Liab ity is redaced by the followirE: a. 'Bodily injunf or "property darftag€' expeded or intended from the stardpoirt of lhe insured. This exclusion does not apply to "bodily iniury or 'property damage" resultirE from the t6e of reasonaue force to prctect persorE or p{operty ANIC GL 1187 07 16 Page 5 of 6 Meridian City Council Meeting Agenda August 15, 2017 – Page 260 of 299 U AlaskaNatiotlmilINSUNANCE coI/IPANY 13. BLANXET WAIVER OF SUBROGATION The Transfs Of Rtghts Ot Recoycry AgalnstOthers To Us Condlflon (secilon lV - Commercaal General Llab,lity Condltons) i6 amended by lhe addition of the fo owingl We waive any right of recovery we may har€ against any person or organtzation because ofpayments we make for injuy or damage arisirE out of: '1. Your ongoing operalions, or 2. "Your work" inclucled in lhe .products. comdeted op€raliorE hazard.' However, this waiver applies only when you have agreed ln writing tic waive such ghE ot reco/eryin a confacl or agreement, ahd onty f A6 contract or agreerEnt. '1. ls an effect or beconEs effective duriru the term of this policy; and 2 Was exec!,ted prior to loss l'1. IIIREMACT|ONS Arry action in rem against any veasel owned, operated ry or for, or charlered bV or for you will be treated in the same ,nanner as tnotigfi tf€ adion were in personam agai8st ),ou. This endgrsgTent changes the policy to which it is atlached and, unless otheffiise stated, is effective on the dateisst'ed at 12:01 A M sEn(btd ttrne at_your mailing address shown in the policy rt i rmo-aion below isrequired only wlren this endorE€ment la issued su-bsequent to conmencerirnt of the policy. Endocement Effective lrEured Pohcy No Countersigned By Endorsement No 9 lncludes copyrgtted materiar of rnsurarpe services office, rnc , with ts permission AN|C GL 1187 07 16 t%ge6of6 Meridian City Council Meeting Agenda August 15, 2017 – Page 261 of 299 D AlaslcaNational INSUEIANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thrs endorsement modifies insurance provided under the followingl BUSINESS AUTO COVERAGE FORM Throughout this policy, the words "you" and "your" refer to the Named lnsured shown in the Declarations The words "we", "us", and "oui' refer lo the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning Refer to SECTION V - DEFINITIONS in the Business Auto Coverage Form. The coverages provided by this endorsement apply per "accident" and, unless otherwise specified, are subject to all of the terms, conditions, exclusions and deductlble provisions of the polacy, to which it is attached. SECTION II - COVERED AUTO LIABILIry COVERAGE, Paragraph A 1. Who ts An tnsured is amended to include: d. Any "employee" of yours while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. e. Any person or organization for whom you have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of "autos" covered by this polacy. lf such person or organizataon has other insurance then this insurance ts primary to and we will not seek conkibution from the other insurance SECTION lV - Business Auto Conditions, Paragraph A. 5. - Transfer of Rights of Recovery Against Others To Us is amended to include: 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that subrogation against that person or organization is waived prior to the "accident' or the "loss" under a contract with that p€rson or organization. SECTION II - COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a (2) - Supptementary Payments rs replaced by the followrng (2) Up to $10,000 for cost of bait bonds (including bonds for related traffic law violations) required because of an "accident'we cover. We do not have to furnish these bonds SECTION II - COVERED AUTO LIABILIry COVERAGE, Paragraph A.z.a (4) - Supplernentary Payments rs replaced by the 'ollowtng (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. AN|C CA 1150 1013 Page 1 of 4 Various provisions in this endorsement restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered Meridian City Council Meeting Agenda August 15, 2017 – Page 262 of 299 0 AIreIal{atiorlell SECTION II - COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.c - Voluntary property Oamage is added as follows. c. Voluntary Property Oamage At your written request, we may make a voluntary payment for Property Damage caused by an "insured", but without liability to a third party, up to $25,000. Wewill not make a Voluntary property Damage payment to anyone who is an "insured" under this policy SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A 2 - Towing is replaced by the following: Towing We will pay up to $500 for towing and tabor costs incurred each time a covered.auto,, that is a: a. Private passenger; b. Truck; Pick-up truck; INSUPANCE COMPANY d. Panel ;or e. Van No deductible applies to glass breakage, if the glass is repaired rather than replaced. SECTION III _ PHYSICAL DAMAGE COVERAGE Paragraph A 4.a - Transportation Expenses is replaced by the following c "Loss" caused missiles by falling objects or However, you have the option of having glass breakage caused by a covered "aldo's" collision or overturn considered a "loss', under Collision Coverage. Glass Repair - Waaver of Deductible a. Transportation Expenses We V/ill pay up to $200 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" that is a: SECTION III - PHYSICAL DAMAGE COVERAGE Paragraph A.3. - Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles as replaced by the followingl class Breakage - Hitting a Bird or Animal - Falling Objects or Missiles lf you carry Comprehenslve Coverage for the damaged covered "auto" we will pay the following under Comprehensive Coverage a. Glass Breakage; b. "Loss" caused by hitting a bird or animal, and ('l ) Private passenger; (2) Truck, (3) Pick-up truck; (41 Panel, or (5) Van type vehicle under 20,000 lbs. of cross Vehicle Weight. We witt pay onty for those covered "autos" for which you carryeither Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending regardless of the policy's expiration. when the covered "auto" as returned to use or we pay for its "loss" c type vehicle under 20,000 Vehicle Weight is disabted. labor must be performed disablement. lbs. of Gross However, theat place of Page 2 o'f 4ANrC CA 1150 10 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 263 of 299 D AlaskaNational INSUFIANCE COMPANY SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.4b - Loss of Use Expenses is replaced by the followingl b. Loss of Use Expenses - Hired, Rented, or Borrowed Autornobiles We will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle hired, rented or borrowed without a driver under a written rental contract or agreement. We will pay for loss of use exp€nses, if caused byi (1) Other than Collision, onty if theDeclarations indicate that Comprehensive Coverage is providedfor the vehicle withdrawn from service. (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is providedfor the vehicle withdrawn from service. (3) Collision only if the Declarations indicate that Collision Coverage is provided for the vehicle withdrawn from service However, the most we will pay for any expenses for loss of use is $200 per day, to a maximum of $1,500. SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.4.c. - Non-Transportation Loss of Use Expenses is added as follows. c. Non-Transportation Loss of Use Expenses We will pay up to 92,000 for non- transportation expense incurred by you, because of "loss" lo a covered "auto", if caused by: SECTION III - PHYSICAL DAMAGE COVERAGE. Paragraph A4.d. - Airbag Coverage is added as follows: d. Airbag Coverage We will pay for the cost to repair, replace, or reset an airbag that inflates for any reason other than as a result of a collision, aF the Declarations indicate that the covered "aLito" has Comprehensive Coverage or Specified Causes of Loss Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.4.e. - Rental Reimbursement Coverage is added as follows: Rental Reimbursement Coverage We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto" that is a. e (1) Private Passenger, (2) Truck, (3) Pick-up truck, (4) Panel, or type vehicle under 20,000 lbs. of Gross Vehicle Weight. Payment applies in additjon to the otheMise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. Page 3 of 4 (21 Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the "auto' withdrawn from service, or (3) Collision only if the Dectarations indrcate that Colltston Coverage ts provided for the "auto" withdrawn from service. (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the -auto" wthdrawn from service, (5) Van ANtC CA 1150 10 13 Meridian City Council Meeting Agenda August 15, 2017 – Page 264 of 299 3 AlreftaNatioml INSI.JFIANCE COMPANY (1) We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's explration, with the lesser of the following number of days: (a) The number oi days reasonably required to repair or replace the covered "auto". (b) 30 days (2) This coverage does not apply white there are spare or reserye "autos" available to you for your operalions. (3) The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION IV - BUSINESS AUTO CONDITIONS -Paragraph B2 - Concealment, l\4 isrepresentation Or Fraud as amended by adding Unintentional Failure to Disclose Hazards at the end of paragraph B.2 as follows: SECTION IV - BUSINESS AUTO CONDITIONS _ Paragraph 8.5.b. - Other lnsurance is replaced by the followingl b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos' you own: (1) Any covered "auto" you lease, hire, rent, or borrow, and (2) Any covered "auto"" hired or rented by your "employee" under a contract in that individual "employee's" name,with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired rented or borrowed with a driver is not a covered "auto". SECTION V - DEFINIT|ONS - paragraph C. - "Bodily iniury' is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Mental anguish means any type of mental or emotional illness or disease This endorsement changes the polacy to which it is attached and, unless otherwise stated, is effective on the dateissued at 1201 AM. standard time at your mailing address shown in the policy. The information below isrequired only when this endorsement is issued subsequent to commencemeniof the policy. Endorsement Effective policy No. lnsured Endorsement No. 2 Countersigned By AN|C CA 1 150 10 13 @ lnsurance Services Office lnc., 2009 Page 4 ol 4 Unintentional Failure to Disclose Hazards lf you unintentionally faal to disclose any hazards existang at the inception date of your policy, we will not derry coverage under this Coverage Form because of such failure. However, this provision does not affect our nght to collect addlttonal premium or exercise our right of cancellation or non-renewal. Meridian City Council Meeting Agenda August 15, 2017 – Page 265 of 299 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 08/09/2017 Re: August 15 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 15 th City Council Consent Agenda for Council’s consideration. Approval of Change Order 3 to JC CONSTRUCTORS for the “WRRF LIQUID STREAM CAPACITY EXPANSION” project for a Not-To-Exceed amount of $94,514.57. The new contract total of $35,555,582.76 is (-$9,417.24) below the original contract value due to the 2 previous deductive change orders. Therefore no additional funds are required. Recommended Council Action: Approval of Change Order 3 to JC CONSTRUCTORS for the Not-To-Exceed amount of $94,514.57. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 15, 2017 – Page 266 of 299 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment - $1,876,447.43 MEETING NOTES APPROV'' 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/Office Stamps - Qty 3, Fire safety center 113.00 01 General Fund A.M. BEST COMPANY, INC.#2000184446, Purchasing insurance book x qnty 1, K. Watts 184.50 01 General Fund ADA COUNTY HIGHWAY DISTRICT 17-0192, 17-0035, Ustick & Meridian Intersection, Service Th 29,153.44 01 General Fund ALICE HENKE instructor fee - Zumba Gold 7/11-7/25/17 - qty 1 19.20 01 General Fund ALL AMERICAN TOWING Evidence Tow DR # 17-4735 137.00 01 General Fund ASSOC OF IDAHO CITIES Registration, 6 Youths, AIC Conference Youth Program, Boise 1,770.00 01 General Fund ASSOC OF IDAHO CITIES Registration, J. St. Martin, AIC Conference Youth Program, B 295.00 01 General Fund AUTOMATIC RAIN CO DBA HORIZON fuel kits for weed eaters - qty 4 56.32 01 General Fund AUTOMATIC RAIN CO DBA HORIZON SRM 230 weed eater repair parts - qty 2 9.95 01 General Fund AUTOMATIC RAIN CO DBA HORIZON weed eater repair parts - qty 2 12.20 01 General Fund AUTOMATIC RAIN CO DBA HORIZON weed eater SRM 225 fuel kits - qty 2 52.78 01 General Fund BEAR VALLEY RIVER CO.Outdoor Adventure Camp rafting 7/21/17 - qty 11 330.00 01 General Fund BILLING DOCUMENT SPECIALISTS 17-0122, Statements 7/20/17, Disconnect Notices 7/24/17, & I 172.83 01 General Fund BOE - Boise Office Equipment XPN547404, Additional Copies, 6/22/17-7/21/17 1,634.81 01 General Fund BOUNDTREE MEDICAL 220/Medical supplies, blades,scopes,tourniquets,suction 1,678.65 01 General Fund BRIGHTON PROPERTIES, LLC Refund, Surety-Per-2015-0029, Hills' Century Farm Sub 1, Fin 3,243.00 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing to Boise Zoo - week 5 697.25 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing to C of I Planetarium - week 7 638.50 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing to Kleiner Park - week 6 585.00 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing to Kleiner Park - week 7 581.50 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing to Kleiner/Roller Drome- week 6 668.00 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing to Settlers Park - week 5 534.75 01 General Fund BROWN BUS COMPANY 2017 Camp Mer-Ida-Moo Busing To Warhawk Museum - week 4 693.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC AC Repair, Rear Evap Core & Rt Temp Actuator for Unit #144 989.80 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 129 71.88 01 General Fund CANYON HONDA Oil Change, Inspection & Air Filter for Unti #523 197.38 01 General Fund CARPENTER SCREEN PRINTING art charge for shirt patterns 35.00 Date: 8/10/17 12:15:09 PM Page: 1Meridian City Council Meeting Agenda August 15, 2017 – Page 268 of 299 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 CHARLIE BUTTERFIELD Expense Report, C. Butterfield, Managing Disciplinary Challe 389.85 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226373, Pay City Fuel July 2017 13,625.02 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226399, Pay PD Fuel July 2017 12,834.72 01 General Fund CHILD SAFETY SOLUTIONS INC 220/Heat stroke prevention stick fans, thermometer static cl 1,181.75 01 General Fund CINTAS FIRST AID & SAFETY Ointment, first aid cream, eye wash, burn cream First Aid ki 80.60 01 General Fund CITY OF BOISE 2017 Contribution for Allumbaugh House, July-Sept 2017 - Fin 14,365.00 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 17-0013, City Prosecutor/Criminal Legal Services August 2017 29,102.42 01 General Fund CUSTOM ELECTRIC INC Refund, C-ELC-2015-0280, Permit for City Centrate Equalizati 496.38 01 General Fund CUSTOM ELECTRIC INC Refund, C-ELC-2016-0456, Permit on City Centrate Equalizatio 398.03 01 General Fund D & B SUPPLY mouse traps & bait for Settlers MYB - qty 4 8.36 01 General Fund D & B SUPPLY sucker stopper herbicide & materials for all parks - qty 8 176.32 01 General Fund DA VINE AIR LLC Server Room Duct Cleaning 496.00 01 General Fund DEBEST PLUMBING, INC Repaired Mens restroom in City Hall Plaza 785.72 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO light bulbs for all parks - qty 30 75.93 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO power outlet for Kleiner shelter A-1 - qty 2 39.76 01 General Fund FASTENAL COMPANY hardware for park picnic tables - qty 100 3.78 01 General Fund FASTENAL COMPANY nut drivers for Parks Shop - qty 4 18.42 01 General Fund FASTENAL COMPANY safety vests - qty 2 33.98 01 General Fund FIRE EXTINGUISHER CO 220/fire extinguisher maintenance 61.69 01 General Fund FIRE EXTINGUISHER CO Service fire extinguishers - Qty 6 90.00 01 General Fund FRANKLIN BUILDING SUPPLY picnic table boards - qty 1700 2,491.01 01 General Fund FRED PRYOR SEMINARS Registration, B. Nielsen, Payroll Law Class, Boise ID, 9/11/ 149.00 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Splash! 7/18-7/20/17 - qty 3 108.00 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee-Animal Kingdom, Acrylic Paint 7/24-7/26/17 523.60 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/Temporal Scanners - Qty 2, medical 271.70 01 General Fund HOME DEPOT CREDIT SERVICES #056 SS Clamp 3x4dia Line Post 1-5/8in x7ft line post 17.33 01 General Fund HOME DEPOT CREDIT SERVICES 220/Chalk kit,tape measure,marking wand,safety paint,59.19 01 General Fund HOME DEPOT CREDIT SERVICES Electric fan, Blowers, tape, light bulbs, glue, cord, paint 484.84 Date: 8/10/17 12:15:09 PM Page: 2Meridian City Council Meeting Agenda August 15, 2017 – Page 269 of 299 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 HOME DEPOT CREDIT SERVICES Portable air conditioner 319.00 01 General Fund HOME DEPOT CREDIT SERVICES Screws, tape, drain cleaner, for City Hall - Qty 11 62.36 01 General Fund HOME DEPOT CREDIT SERVICES Tape, cords, air conditioner 445.50 01 General Fund HOME DEPOT CREDIT SERVICES tie straps, hole saw, & bolts - qty 8 46.80 01 General Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, July 2017 237.58 01 General Fund IDAHO BUSINESS REVIEW Idaho Business Review annual subscription 225.47 01 General Fund IDAHO DIVISION OF BLDG SAFETY Elevator Certification Elev #1 125.00 01 General Fund IDAHO DIVISION OF BLDG SAFETY Elevator Certification Elev #2 125.00 01 General Fund IDAHO DIVISION OF BLDG SAFETY Elevator Certification Elev #3 125.00 01 General Fund IDAHO HUMANE SOCIETY 17-0012, Animal Control Services - August 2017 30,844.33 01 General Fund IDAHO PEST & BIRD SOLUTIONS, LLC.Pigeon Control Service Exterior City Hall, 7/19/17-8/19/17 175.00 01 General Fund IDAHO POWER 2200136188, Parks Power July 2017 14,078.10 01 General Fund IDAHO POWER 2203586629, Street Lights Power July 2017 26,217.95 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Meridian Arts Commission MPWN/SHLC 132.50 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Meridian Arts Commission, MPWN/SHLC 132.50 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH Fee Increase for Parks & Recreation 142.97 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Q3 June 2017 Fianance Update 115.12 01 General Fund IDAHO STATE POLICE Background Checks for Solicitors Licenses - July 2017 1,147.00 01 General Fund IDAHO STATE TAX COMMISSION Sales Tax July 2017 2,634.72 01 General Fund INTERSTATE ALL BATTERY CENTER battery for emergency exit light at Kleiner - qty 1 14.80 01 General Fund INTERSTATE ALL BATTERY CENTER battery for John Deere 997 Z mower at Settlers - qty 1 125.10 01 General Fund JAYKER WHOLESALE NURSERY Elm & Green trees for Storey Park - qty 3 878.50 01 General Fund JAYKER WHOLESALE NURSERY Locust & Cherry trees for City Hall - qty 3 596.40 01 General Fund JAYKER WHOLESALE NURSERY Maple & Ash trees for Settlers Park - qty 4 1,017.35 01 General Fund JAYKER WHOLESALE NURSERY plants for Tully Park - qty 135 1,271.15 01 General Fund KATHERINE RIGGS instructor fee - Hot Hula Fitness 7/11-7/25/17 - qty 5 96.00 01 General Fund KIRBY GRAPHIX 220/Banner for Hot Car Event 135.39 01 General Fund LEAPFOX LEARNING 220/10 prepaid Microsoft program classes for Admin Sept 2017 2,000.00 01 General Fund LES SCHWAB TIRE CENTER 220/Thrust Angle Alignment, BR 34, MF022 79.95 01 General Fund LOBBY IDAHO, LLC Courthouse Matter - June 2017 2,500.00 01 General Fund LYNN PEAVEY COMPANY Evidence Tape - Qty 24 357.20 01 General Fund MASTERCARD 220/MC#1 Fire 6-28-17 Statement (40.50) 01 General Fund MASTERCARD MC IT#11, #0438, 6/28/17 Statement -(918.48) 01 General Fund MASTERCARD MC Pay Fire#1, #8712, 7/28/17 Statement 117.84 01 General Fund MASTERCARD MC Pay IT#11, #0438, 7/28/17 Statement 2,350.72 01 General Fund McU SPORTS Let's Play Sports Camp baseball equipment - qty 2 24.00 Date: 8/10/17 12:15:09 PM Page: 3Meridian City Council Meeting Agenda August 15, 2017 – Page 270 of 299 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 MENTORSCLOUD instructor fee - Video Making for You Tube 7/17-7/21/17 x 10 1,200.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, T. DeWeerd, Chamber Luncheon 8/1/17 15.00 01 General Fund MINUTEMAN, INC.220/Key for Pull station box, operations 3.15 01 General Fund MINUTEMAN, INC.grandmaster keys - qty 3 23.85 01 General Fund MINUTEMAN, INC.Heroes Park concessions building key 8.25 01 General Fund MINUTEMAN, INC.Lock Repairs for Intox to Hall Doorway 39.95 01 General Fund MR. PM PRODUCTIONS LLC 17-0329, Video of July 4th Fireworks & Settlers Park - July 1,000.00 01 General Fund MR. PM PRODUCTIONS LLC 17-0329, Video of Meridian Dairy Days, Meridian Beauty Shots 500.00 01 General Fund NAYLOR & HALES, P.C.Legal Services on Bittercreek Matter, 7/11/17 240.00 01 General Fund NFPA 220/Sparky books & videos, stickers, pub ed 117.04 01 General Fund O'CONNOR PAINTING 220/Painting safety curbs, all stations 1,375.00 01 General Fund OFFICE DEPOT, INC.11x17 65 # Wausau Bright Paper - Qty 1 Ream 12.09 01 General Fund OFFICE DEPOT, INC.Paper, batteries, scissors, clipboard - qty 5 50.89 01 General Fund OMG NATIONAL 220/Fire Safety Pub Ed Stickers - Qty 25,000 1,986.00 01 General Fund OXARC, INC.220/medical oxygen 12.40 01 General Fund PAUL'S MERIDIAN STINKER diesel for transfer tank; unleaded for fleet truck 9 309.63 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for fleet truck 15 transfer tank 250.31 01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for fleet truck 12 35.27 01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for fleet truck 22 78.15 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 18 26.82 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel & emissions test for fleet truck 14 60.74 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 52.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 33.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 8 146.78 01 General Fund PENNWELL CORPORATION 220/Training books, Fire Engineer,leadership,safety 1,634.77 01 General Fund PIPECO, INC pony shovel - qty 6 270.00 01 General Fund PLATT irrigation controller fuses - qty 25 51.08 01 General Fund PLATT Light bulbs - Qty 22 144.54 01 General Fund PLATT lightbulbs for Homecourt - qty 80 366.40 01 General Fund QUALITY ART INC 3-D paper art masks for Camp Mer-Ida-Moo - qty 4 18.92 01 General Fund RESERVE ACCOUNT POSTAGE USE, July 2017 1,026.32 01 General Fund REVVED UP MOTORSPORTS 4 Tires and Front Brakes for Unit #521 538.98 01 General Fund REVVED UP MOTORSPORTS Rear Brakes and Tires for Unit # 522 296.99 01 General Fund REVVED UP MOTORSPORTS Tires and Brakes for Unit #523 576.97 01 General Fund RICOH USA, INC C86111894, Copier Lease 8/17 & Additional Copies 7/17 510.02 Date: 8/10/17 12:15:09 PM Page: 4Meridian City Council Meeting Agenda August 15, 2017 – Page 271 of 299 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 RICOH USA, INC C86121202, Copier Lease 8/17 & Additional Copies 7/17 - PSTC 296.71 01 General Fund RICOH USA, INC C86172112, Copier Lease 8/17 & Addtl Copies 7/17 in Records 219.41 01 General Fund RICOH USA, INC C86172150, Copier Lease 8/17 & Additional Images 7/17-Patrol 490.85 01 General Fund RICOH USA, INC C86172157, Copier Lease 8/17 & Additional Copies 7/17 in CID 470.99 01 General Fund RICOH USA, INC C86172509, Copier Lease 8/17 & Additional Copies 7/17 - Code 118.35 01 General Fund RICOH USA, INC C86197400, Additional Copies for Community Svc, 7/1/17-7/31/ 79.19 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 7/5-7/26/17 - qty 6 134.40 01 General Fund SHRED-IT USA, LLC.Document Shredding for PD - July 2017 179.09 01 General Fund SIGNS, ETC Remove & Replace Door Graphics on Unit #152 840.00 01 General Fund SIGNS, ETC Signs for storage case - Qty 3 48.00 01 General Fund SIMPLEX GRINNELL 17-0136, quarterly test/inspection, City Hall 158.83 01 General Fund SOUTHERN IDAHO ELECTRIC 17-0132, Street Lights Installation, Intersection Improvemen 17,286.25 01 General Fund SOUTHERN IDAHO ELECTRIC Kleiner Park event area electrical outlet troubleshooting & 376.50 01 General Fund SPECIALTY CONSTRUCTION SUPPLY ball field striping paint - qty 120 462.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY Credit for Flagging Hours Dairy Days-over Quote - Qty 22.5Hr (450.00) 01 General Fund SPECIALTY CONSTRUCTION SUPPLY Kleiner Park street building sign - qty 1 60.00 01 General Fund SPECIALTY PLASTICS & FAB, INC schedule 80 irrigation fittings for MYB - qty 18 157.77 01 General Fund SPORTSMANS WAREHOUSE 220/4 Straps, St. 2 17.16 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/BC31, MF027, Kussmaul charger repair,install shoreline 669.62 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/BC32,MF028,New aux battery; install transfer switch 461.54 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/E-34, MF018, Prev Mtnc, Oil Change, Replaced Fuel Filter 586.01 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/E-34,MF018, repair light bar on cab, A/C, dashlites, sce 1,440.61 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/E35, MF041, Repair headlight 149.14 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF008,WT32, repair, air dryer valve, dash panel 204.95 Date: 8/10/17 12:15:09 PM Page: 5Meridian City Council Meeting Agenda August 15, 2017 – Page 272 of 299 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF014, repair loss of fuel prime to fuel filter housing 85.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF029,BR35, repair relay on foam pump 449.04 01 General Fund STERLING CODIFIERS INC Sterling Codifiers Supplement #48 113.00 01 General Fund TAMMY DEWEERD Mayor Cellphone Reimbursement FY17 - August 2017 100.00 01 General Fund TATES RENTS (GENERAL OFFICE)Echo chain saw repairs 22.50 01 General Fund TATES RENTS (GENERAL OFFICE)Kleiner 48 inch Exmark mower repair 294.60 01 General Fund TATES RENTS (GENERAL OFFICE)trencher rental for MYB ball field renovations 8/3-8/4/17 214.49 01 General Fund THE CAR PARK Court House Parking for July 2017 73.00 01 General Fund THE UPS STORE Postage for two Portable Radios sent for Repair 11.17 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/Repair turnouts, Rountree 25.00 01 General Fund TOTAL SYSTEM SERVICES Homecourt rooftop air conditioner troubleshooting 82.00 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot Chocolate, Cream, Sugar, Cups & Water Cooler Ren 211.83 01 General Fund ULTRA CLEAN Cleaning of Server Room 766.56 01 General Fund VARSITY FACILITY SERVICES 17-0126, Janitorial service thru 7/15/17 all locations 14,861.88 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 742047228-00001 Parks HPN Modems FY17, 7/2/17-8/1/17 153.24 01 General Fund VICTORY GREENS sod for Storey Park - qty 230 SF 57.50 01 General Fund WAXIE SANITARY SUPPLY 17-0111, Dispenser, blocks, tp, cover, kleenex, soap, bags 5,052.04 Total 01 General Fund 270,902.74 20 Grant Fund governmental MONTE STILES, LLC 16-0407, MADC Policy Advocacy Consulting - July 2017 625.00 Total 20 Grant Fund governmental 625.00 60 Enterprise Fund A COMPANY INC WRRF Capacity Exp. FY15, Restroom Rental 6/26-7/23/17 90.50 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Name Plate & Name Plate Frame for L. McVey 24.00 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Name plate and name badge for Aubrey Ploetz 20.00 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035, Ustick, Linder/Meridian, Service Thru 7/17/17 38,399.95 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0192, 17-0035, Ustick & Meridian Intersection, Service Th 32,609.70 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 16-0260,SCADA Upgrades PRV, services 6/25-7/24/17 1,837.50 Date: 8/10/17 12:15:09 PM Page: 6Meridian City Council Meeting Agenda August 15, 2017 – Page 273 of 299 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 ALOHA GARDENING SCADA Upgrades, Landscape services 7/10/2017 350.00 60 Enterprise Fund BELFOR USA GROUP INC Water Damage Mitigation @ Water Admin Bldg 3,059.52 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, Statements 7/20/17, Disconnect Notices 7/24/17, & I 11,738.48 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0123, IVR Transactions July 2017 1,795.25 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0124, Lockbox Transactions July 2017 1,444.23 60 Enterprise Fund BOLEN'S CONTROL HOUSE Parts to fabricate & install measurement stick for 77.93 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRC Facility Plan Update FY17, service 5/26-6/29/17 23,082.50 60 Enterprise Fund BROWN & CALDWELL 17-0147, WRRF Corp Exp. FY15,services 5/26-6/29/17 51,641.46 60 Enterprise Fund CARRIER CORP HVAC service maintenance agreement for Admin bldg 409.50 60 Enterprise Fund CH2M HILL ENGINEERS, INC WRRF Centrate Modifications, services thru 7/21/17 2,673.08 60 Enterprise Fund D & B SUPPLY 20 t-shirts for inspectors 5 each 358.80 60 Enterprise Fund D & B SUPPLY Brass Quick Connect Qty 3 17.97 60 Enterprise Fund D & B SUPPLY Femal Brass Hose Mendor, Brass Hose Protector Coil Spring 28 23.15 60 Enterprise Fund D & B SUPPLY Mouse traps & Mouse Killer Refill - Qty 4 15.36 60 Enterprise Fund FERGUSON ENTERPRISES INC.12 PVC WDG Rest GLND PK Onelok Qty 2 320.07 60 Enterprise Fund FERGUSON ENTERPRISES INC.17-0066 2inch Omni Meter C2 Qty 8 11,358.72 60 Enterprise Fund FERGUSON ENTERPRISES INC.17-0066 3/4 inch Acustream Meters Qty 200 25,442.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.1x2 MTR Adpt PR Qty 2 358.97 60 Enterprise Fund FERGUSON ENTERPRISES INC.3/4 x4inch Anti Rotation Bolt Qty 48 297.60 60 Enterprise Fund FERGUSON ENTERPRISES INC.3inch MIP Brs Adpt, 2-1/inch MNHT BRS Adpt Qty 30 1,435.15 60 Enterprise Fund FIRE EXTINGUISHER CO Annual Fire Extingusher Service & Replacements Qty 81 854.00 60 Enterprise Fund FISHER SCIENTIFIC COD waste disposal kit 104.43 60 Enterprise Fund FISHER SCIENTIFIC Nitrile gloves-size XL plus pH probe cleaning solutions 82.60 60 Enterprise Fund H.D. FOWLER COMPANY Line Wat/Sewer Repair, 3/4inch Plug Brass Qty 2 15.75 60 Enterprise Fund HACH COMPANY 17-0352 UVT probe for UV system 17,441.05 60 Enterprise Fund HAZEL ASPHALT, LLC 17-0321, WWTP Ultraviolet Improvement - Asphalt Work, Final 14,710.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES 2 ton power pull come-a-longs (4 qty)146.96 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Brita Filter, Drawstring Trash Liners Qty 3 75.89 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Chip 15pc Multi Brush Set Qty 2 19.94 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit for return Brita Filter Qty 1 (49.95) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Heavy Duty GAC Cartridge Qty 1 31.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Mechanical tool set; drill/skill saw set plus braid faucet 504.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Tree & shrub insecticide 122.88 60 Enterprise Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, July 2017 96.71 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - July 2017 49,638.47 60 Enterprise Fund IDAHO POWER 2204228288, Water Power July 2017 46,542.29 Date: 8/10/17 12:15:09 PM Page: 7Meridian City Council Meeting Agenda August 15, 2017 – Page 274 of 299 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 STATE TAX COMMISSION Sales Tax July 2017 5,052.23 60 Enterprise Fund INSTRUMENT TECHNOLOGIES INC.Calibrations & verifications of flow meters, level 2,740.00 60 Enterprise Fund INSTRUMENT TECHNOLOGIES INC.Flow meter calibration at North & South Black Cat, Oaks, 720.00 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Battery for 2003 Kawasaki 600 mule-Red 81.35 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0339,Well 30 Const. Services Pay App 1, 7/6-7/20/17 29,431.00 60 Enterprise Fund JUB ENGINEERS 16-0125, Sewer Master Plan, Design Services 6/4/17-7/1/17-FI 373.10 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Water Treatment, Design services 6/4-7/1/17 4,659.20 60 Enterprise Fund JUB ENGINEERS 17-0073,On call Support FY2017,services 4/30-7/1/17 4,633.90 60 Enterprise Fund JUB ENGINEERS 17-0151,Water Main Rep.Rose Circle,Design service 6/4-7/1/17 2,719.42 60 Enterprise Fund JUB ENGINEERS 17-0194, WRRF Flow & Load Projections, Serv 6/4-7/1/17, Fina 212.80 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Joint radial oil seal & SKF radial ball bearing 115.55 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Sealed radial ball bearing, metric 44.90 60 Enterprise Fund KNIFE RIVER 17-0255, Black Cat Trunk Sewer Ph5, Final Invoice 22,179.02 60 Enterprise Fund L2 EXCAVATION, LLC.17-0291/ 17-0347, Amity Waterline Extension - Locust Grove E 4,310.83 60 Enterprise Fund L2 EXCAVATION, LLC.17-0347,Water Main Ext,Amity/Locust, services 7/10/2017 4,309.91 60 Enterprise Fund MATTSON DIST CO., INC.Pressure Washer with Accessories 915.75 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Threaded cam-lok 52.27 60 Enterprise Fund MILESTONE CONSTRUCTION GROUP LLC 17-0298,Main Rep./W.Wash Water&Sewer,services as of 7/20/17 116,563.10 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Bolts for stock 5.58 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Latex coated gloves-size med, lrg, & xlrg 33.30 60 Enterprise Fund MURRAYSMITH INC 16-0144,Sewer Line Design Lift Station,services thru 6/30/17 5,671.00 60 Enterprise Fund MURRAYSMITH INC 16-0249, Water Master Plan, Services through 6/30/17, Final 2,494.00 60 Enterprise Fund MURRAYSMITH INC 17-0141,Water Mater Plan, service as of 6/30/17 7,623.76 60 Enterprise Fund MURRAYSMITH INC 17-0184,Water System Model Support, services thru 6/30/17 139.00 60 Enterprise Fund MURRAYSMITH INC 17-0353,Infiltration Inflow Monitoring,Eng.services 6/30/17 582.00 60 Enterprise Fund NORCO Cylinder rental - qty 8 61.44 60 Enterprise Fund NORCO Parts for plasma table 80.87 Date: 8/10/17 12:15:09 PM Page: 8Meridian City Council Meeting Agenda August 15, 2017 – Page 275 of 299 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 NORCO Plasma table nozzles 27.69 60 Enterprise Fund NORCO Wire for welder 7.05 60 Enterprise Fund NORTHWEST POWER SYSTEMS, INC Labor to inspect, evaluate & repair generator on CCTV Van 1 601.89 60 Enterprise Fund O'REILLY AUTO PARTS 100oz Turtle Wax Car Wash Qty 2 15.98 60 Enterprise Fund OXARC, INC.17-0057 Sodium Hypochlorite Delivery Qty 3381gl 5,553.03 60 Enterprise Fund PLATT Conduit & compression lug 57.30 60 Enterprise Fund PLATT Electrical power cable 104.53 60 Enterprise Fund PLATT Littlefuse time delay amp 148.67 60 Enterprise Fund PLATT Parts for electrical connection of Collections Equipment 51.01 60 Enterprise Fund PLATT Returned lineman gloves-reference inv#Z013612 (30.46) 60 Enterprise Fund PLATT Returned tape refill cartridge-reference inv#Z090988 (22.99) 60 Enterprise Fund POLLARDWATER.COM 2 MNPTx2-1/2 MNST DBL Hex Nip Qty 15 652.19 60 Enterprise Fund POSTNET Postage & Mailing Backflow Non-Compliance Ltrs Qty 13 40.18 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract July 2017 1,028,499.73 60 Enterprise Fund RESERVE ACCOUNT POSTAGE USE, July 2017 269.07 60 Enterprise Fund RICOH USA, INC C86101407, PW copier lease August 2017, copies July 2017 382.26 60 Enterprise Fund RICOH USA, INC C86101421, Copier Lease Envir August 2017, Copies July 2017 298.94 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Hard hat 154.00 60 Enterprise Fund SULLIVAN REBERGER 17-0008, Lobbying fees July 2017 4,000.00 60 Enterprise Fund SYNCB/AMAZON CD/DVD hanging holders - Qty 2 31.60 60 Enterprise Fund SYNCB/AMAZON Coolers for subcontract lab sample transportation 128.54 60 Enterprise Fund SYNCB/AMAZON Oht Multi Tool Black w/Sheath Qty 2 159.70 60 Enterprise Fund SYNCB/AMAZON Portable Small Stylus Qty 1 16.17 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 8/1 to 8/31/17 222.50 60 Enterprise Fund THE UPS STORE 3rd qtr biosolids shipping 187.54 60 Enterprise Fund THE UPS STORE Shipping to return failed lenel reader WO#88888 & to send tr 11.93 60 Enterprise Fund THE UPS STORE Shipping to send pressure switch to Penn Valley Pump to be 34.21 60 Enterprise Fund UTILITY TRAILER SALES OF BOISE / UTILITY TRUCK EQUIPMENT Parts & Labor for Repair Braketon Air Cylinder C17425 144.66 60 Enterprise Fund UTILITY TRAILER SALES OF BOISE / UTILITY TRUCK EQUIPMENT Pintle Hook W/2inch Ball w/Side S Qty 2 369.12 60 Enterprise Fund UTILITY TRAILER SALES OF BOISE / UTILITY TRUCK EQUIPMENT Receiver Adjustable MI for 2inch, Pindle Hook w2inch Ball 3 305.62 60 Enterprise Fund VARSITY FACILITY SERVICES 17-0126, Janitorial service thru 7/15/17 all locations 1,665.21 Date: 8/10/17 12:15:09 PM Page: 9Meridian City Council Meeting Agenda August 15, 2017 – Page 276 of 299 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 VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 272508216-00001 Water/WW Modems FY2017 - 6/24/17-7/23/17 10.44 60 Enterprise Fund WASTECORP PUMPS LLC Spare plunger pump parts 4,122.84 60 Enterprise Fund WASTECORP PUMPS LLC U-cup packing 287.12 60 Enterprise Fund WEIDNER & ASSOCIATES Reuse reagent for chlorine analyzer 702.87 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Credit for return Seal O Ring Qty 2 (13.19) 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Seal O Ring Qty 1 9.47 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Seal O Ring Qty 2 13.19 60 Enterprise Fund WW GRAINGER, INC Safety glasses for Lab 26.60 60 Enterprise Fund WW GRAINGER, INC Trace metals sampler parts 192.08 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for Jun 2017 plus 154.90 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692 monthly copier lease for Jun 2017 plus 301.85 Total 60 Enterprise Fund 1,604,919.69 Report Total 1,876,447.43 Date: 8/10/17 12:15:09 PM Page: 10Meridian City Council Meeting Agenda August 15, 2017 – Page 277 of 299 Meridian City Council Meeting DATE: Auqust 15, 2017 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Annual Rate Adjustment for Solid Waste Collection Services as Presented to the Meridian Solid Waste Advisory Commission on July 26, 2017 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 M E M O R A N D U M TO: Mayor Tammy de Weerd Members of the Meridian City Council: Mr. Keith Bird, President Mr. Joe Borton, Vice President Mr. Luke Cavener Ms. Genesis Milam Mr. TY Palmer Ms. Anne Little Roberts FROM: Rodney Remling, Controller, Republic Services of Idaho DATE: August 10, 2017 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services as Presented to the Meridian Solid Waste Advisory Commission on July 26, 2017 Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. Republic Services presented the proposed rate adjustment to the Solid Waste Advisory Commission on July 26 th , who approved the proposal and recommended it be forwarded to City Council for consideration. This memorandum addresses our adjustment for the fiscal year 2018. CPI Adjustment Methodology Our contract allows non disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for June in the Consumer Price Index for the Pacific Northwest.. The Pacific Northwest CPI index is no longer published so CPI for the Western Region of the United States is used. This year’s change in CPI (at 90%) is 2.26%. The CPI adjustment is $0.29 per household per month. The commercial impact varies and is based on size and container frequency of collection. New Rate Republic Services is requesting one new rate for commercial service. With the growing economy many commercial customers are over filling their containers. This is creating safety, health and perceived service issues. Republic Services is proposing an overload rate for each additional yard of trash on top of the container. The proposed rate is $15.00 per yard and would be charged in increments of one yard. These overloads are easily supported with a picture the driver takes on site before servicing the container. 11101 West Executive Drive, Boise ID 83713 Office (208) 345-1265 Meridian City Council Meeting Agenda August 15, 2017 – Page 279 of 299 8/10/2017 1 of 4 H:\Andrea\SWAC\2017 PI Model_ Republic Services of Idaho Meridian City Proposed Rates Effective October 1, 2017 Ninety Percent of Change in CPI 2.26% Idaho Sales Tax 6.00% 2017 2018 Disposal HHW Service Rental Tax Current Disposal CPI Serv HHW Service CPI Rent Rental Tax PROPOSED increase % of increase Row #RESIDENTIAL TRASH & RECYCLING 1 Residential 95 gallon service (includes 1 recycling cart)4.76 $0.24 $11.73 1.06 0.06 $17.85 $4.76 $0.27 $0.24 $12.24 $0.02 $1.08 0.06 $18.14 $0.29 1.62% 2 Residential 65 gallon service (includes 1 recycling cart)2.88 0.24 11.61 1.06 0.06 $15.85 2.88 $0.27 $0.24 12.12 0.02 1.08 0.06 $16.14 $0.29 1.83% 3 Residential 35 gallon service (includes 1 recycling cart)1.00 0.24 11.49 1.06 0.06 $13.85 1.00 $0.27 $0.24 12.00 0.02 1.08 0.06 $14.14 $0.29 2.09% 4 Residential Extra Carts (per cart per month) - 1.67 0.53 0.03 $2.23 - 0.04 - 1.71 0.01 0.54 0.03 $2.28 $0.05 2.24% 5 Residential Cart Pickup/ Upsize Exchange fee (per event) - 13.32 0.00 0.00 $13.32 - 0.30 - 13.62 - - - $13.62 $0.30 2.25% 6 Residential Cart Delivery (free) - 0.00 0.00 0.00 $0.00 - - - - - - - $0.00 $0.00 - 7 Residential Carry Out Service - 31.38 0.00 0.00 $31.38 - 0.71 - 32.09 - - - $32.09 $0.71 2.26% 8 COMMERCIAL PERMANENT TRASH 9 Commercial Carts Delivery Charge - 10.00 0.00 0.00 10.00 - 0.23 - 10.23 - - - $10.23 $0.23 2.30% 10 11 Commercial Carts 1, 95 gallon cart (1 x per week)4.76 - 23.65 0.53 0.03 $28.97 4.76 0.53 - 24.18 0.01 0.54 0.03 $29.51 $0.54 1.86% 12 Commercial Carts 1, 95 gallon cart (2 x per week)9.52 - 44.68 0.53 0.03 $54.76 9.52 1.01 - 45.69 0.01 0.54 0.03 $55.78 $1.02 1.86% 13 Commercial Carts 1, 95 gallon cart (3 x per week)14.28 - 65.69 0.53 0.03 $80.53 14.28 1.48 - 67.17 0.01 0.54 0.03 $82.02 $1.49 1.85% 14 15 Commercial Carts 2, 95 gallon cart (1 x per week)9.52 - 47.30 1.06 0.06 $57.94 9.52 1.06 - 48.36 0.02 1.08 0.06 $59.02 $1.08 1.86% 16 Commercial Carts 2, 95 gallon cart (2 x per week)19.04 - 89.36 1.06 0.06 $109.52 19.04 2.02 - 91.38 0.02 1.08 0.06 $111.56 $2.04 1.86% 17 Commercial Carts 2, 95 gallon cart (3 x per week)28.56 - 131.38 1.06 0.06 $161.06 28.56 2.96 - 134.34 0.02 1.08 0.06 $164.04 $2.98 1.85% 18 19 Commercial Carts 3, 95 gallon cart (1 x per week)14.28 - 70.94 1.58 0.09 $86.89 14.28 1.60 - 72.54 0.04 1.62 0.10 $88.54 $1.65 1.90% 20 Commercial Carts 3, 95 gallon cart (2 x per week)28.56 - 134.04 1.58 0.09 $164.27 28.56 3.03 - 137.07 0.04 1.62 0.10 $167.35 $3.08 1.87% 21 Commercial Carts 3, 95 gallon cart (3 x per week)42.84 - 197.07 1.58 0.09 $241.58 42.84 4.44 - 201.51 0.04 1.62 0.10 $246.07 $4.49 1.86% 22 23 Commercial Container Container Delivery Svc (2,3,6,8 yd options) - 22.82 0.00 0.00 $22.82 - 0.52 - 23.34 - - - $23.34 $0.52 2.28% 24 Commercial Container Lid Lock Installation (2,3,6,8 yd options)43.00 $43.00 - 0.97 - 43.97 - - - $43.97 $0.97 2.26% 25 Commercial Container Monthly Lock Service (2,3,6,8 yd options)12.39 $12.39 - 0.28 - 12.67 - - - $12.67 $0.28 2.26% 26 27 Commercial Container 2 yd (Extra Dump)1.91 - 21.36 0.00 0.00 $23.27 1.91 0.48 - 21.84 - - - $23.75 $0.48 2.06% 28 Commercial Container 3 yd (Extra Dump)3.81 - 27.92 0.00 0.00 $31.73 3.81 0.63 - 28.55 - - - $32.36 $0.63 1.99% 29 Commercial Container 6 yd (Extra Dump)7.62 - 38.36 0.00 0.00 $45.98 7.62 0.87 - 39.23 - - - $46.85 $0.87 1.89% 30 Commercial Container 8 yd (Extra Dump)10.16 - 48.97 0.00 0.00 $59.13 10.16 1.11 - 50.08 - - - $60.24 $1.11 1.88% 31 32 Commercial Containers 2 yd (1 x per week)8.25 - 66.54 19.06 1.14 $94.99 8.25 1.50 - 68.04 0.43 19.49 1.17 $96.95 $1.96 2.06% 33 Commercial Containers 2 yd (2x per week)16.50 - 98.36 19.06 1.14 $135.06 16.50 2.22 - 100.58 0.43 19.49 1.17 $137.74 $2.68 1.98% 34 Commercial Containers 2 yd (3x per week)24.75 - 129.48 19.06 1.14 $174.43 24.75 2.93 - 132.41 0.43 19.49 1.17 $177.82 $3.39 1.94% 35 Commercial Containers 2 yd (4x per week)33.00 - 180.83 19.06 1.14 $234.03 33.00 4.09 - 184.92 0.43 19.49 1.17 $238.58 $4.55 1.94% 36 Commercial Containers 2 yd (5 x per week)41.25 - 232.05 19.06 1.14 $293.50 41.25 5.24 - 237.29 0.43 19.49 1.17 $299.20 $5.70 1.94% 37 Commercial Containers 2 yd (6 x per week)49.50 - 283.27 19.06 1.14 $352.97 49.50 6.40 - 289.67 0.43 19.49 1.17 $359.83 $6.86 1.94% 38 39 Commercial Containers 3 yd (1 x per week)16.50 - 58.27 22.65 1.36 $98.78 16.50 1.32 - 59.59 0.51 23.16 1.39 $100.64 $1.86 1.88% 40 Commercial Containers 3 yd (2 x per week)33.00 - 102.46 22.65 1.36 $159.47 33.00 2.32 - 104.78 0.51 23.16 1.39 $162.33 $2.86 1.79% 41 Commercial Containers 3 yd (3 x per week)49.50 - 146.77 22.65 1.36 $220.28 49.50 3.32 - 150.09 0.51 23.16 1.39 $224.14 $3.86 1.75% 42 Commercial Containers 3 yd (4 x per week)66.00 - 200.16 22.65 1.36 $290.17 66.00 4.52 - 204.68 0.51 23.16 1.39 $295.23 $5.06 1.74% 43 Commercial Containers 3 yd (5 x per week)82.50 - 275.30 22.65 1.36 $381.81 82.50 6.22 - 281.52 0.51 23.16 1.39 $388.57 $6.76 1.77% 44 Commercial Containers 3 yd (6 x per week)99.00 - 339.59 22.65 1.36 $462.60 99.00 7.67 - 347.26 0.51 23.16 1.39 $470.81 $8.21 1.77% 45 46 Commercial Containers 6 yd (1 x per week)33.00 - 93.82 25.18 1.51 $153.51 33.00 2.12 - 95.94 0.57 25.75 1.55 $156.24 $2.73 1.78% 47 Commercial Containers 6 yd (2 x per week)66.00 - 154.25 25.18 1.51 $246.94 66.00 3.49 - 157.74 0.57 25.75 1.55 $251.04 $4.10 1.66% 48 Commercial Containers 6 yd (3 x per week)99.00 - 214.58 25.18 1.51 $340.27 99.00 4.85 - 219.43 0.57 25.75 1.55 $345.73 $5.46 1.60% 49 Commercial Containers 6 yd (4 x per week)132.00 - 295.02 25.18 1.51 $453.71 132.00 6.67 - 301.69 0.57 25.75 1.55 $460.99 $7.28 1.60% 50 Commercial Containers 6 yd (5 x per week)165.00 - 375.52 25.18 1.51 $567.21 165.00 8.49 - 384.01 0.57 25.75 1.55 $576.31 $9.10 1.60% 51 Commercial Containers 6 yd (6 x per week)198.00 - 455.97 25.18 1.51 $680.66 198.00 10.30 - 466.27 0.57 25.75 1.55 $691.57 $10.91 1.60% 52 53 Commercial Containers 8 yd (1 x per week)44.00 - 110.01 26.27 1.58 $181.86 44.00 2.49 - 112.50 0.59 26.86 1.61 $184.97 $3.11 1.71% 54 Commercial Containers 8 yd (2 x per week)88.00 - 165.44 26.27 1.58 $281.29 88.00 3.74 - 169.18 0.59 26.86 1.61 $285.65 $4.36 1.55% 55 Commercial Containers 8 yd (3 x per week)132.00 - 219.76 26.27 1.58 $379.61 132.00 4.97 - 224.73 0.59 26.86 1.61 $385.20 $5.59 1.47% Meridian City Council Meeting Agenda August 15, 2017 – Page 280 of 299 8/10/2017 2 of 4 H:\Andrea\SWAC\2017 PI Model_ 2017 2018 Disposal HHW Service Rental Tax Current Disposal CPI Serv HHW Service CPI Rent Rental Tax PROPOSED increase % of increase 56 Commercial Containers 8 yd (4 x per week)176.00 - 286.95 26.27 1.58 $490.80 176.00 6.49 - 293.44 0.59 26.86 1.61 $497.91 $7.11 1.45% 57 Commercial Containers 8 yd (5 x per week)220.00 - 361.53 26.27 1.58 $609.38 220.00 8.17 - 369.70 0.59 26.86 1.61 $618.17 $8.79 1.44% 58 Commercial Containers 8 yd (6 x per week)264.00 - 430.75 26.27 1.58 $722.60 264.00 9.73 - 440.48 0.59 26.86 1.61 $732.95 $10.35 1.43% 59 Commercial Containers 8 yd (7 x per week)308.00 - 773.48 26.27 1.58 $1,109.33 308.00 17.48 - 790.96 0.59 26.86 1.61 $1,127.43 $18.10 1.63% 60 61 Commercial Compactors 2 yd (base price per pickup per week) 5.08 - 48.81 0.00 0.00 $53.89 5.08 1.10 - 49.91 - - - $54.99 $1.10 2.04% 62 Commercial Compactors 3 yd (base price per pickup per week)7.62 - 66.63 0.00 0.00 $74.25 7.62 1.51 - 68.14 - - - $75.76 $1.51 2.03% 63 Commercial Compactors 4 yd (base price per pickup per week)10.15 - 84.85 0.00 0.00 $95.00 10.15 1.92 - 86.77 - - - $96.92 $1.92 2.02% 64 Commercial Compactors 5 yd (base price per pickup per week)12.70 - 103.10 0.00 0.00 $115.80 12.70 2.33 - 105.43 - - - $118.13 $2.33 2.01% 65 Commercial Compactors 6 yd (base price per pickup per week)15.24 - 120.78 0.00 0.00 $136.02 15.24 2.73 - 123.51 - - - $138.75 $2.73 2.01% 66 Commercial Compactors 8 yd (base price per pickup per week)20.32 - 162.39 0.00 0.00 $182.71 20.32 3.67 - 166.06 - - - $186.38 $3.67 2.01% 67 68 COMMERCIAL TEMPORARY TRASH 69 Commercial Temporary Service 3 yd Haul Svc (Municipal Solid Waste)3.81 - 27.92 0.00 0.00 $31.73 3.81 0.63 - 28.55 - - - $32.36 $0.63 1.99% 70 Commercial Temporary Service 3 yd Haul Svc (Construction and Demolition)7.62 - 95.31 0.00 0.00 $102.93 7.62 2.15 - 97.46 - - - $105.08 $2.15 2.09% 71 Commercial Temporary Service 3 yd (Monthly Rent) - 0.00 22.65 1.36 $24.01 - - - - 0.51 23.16 1.39 $24.55 $0.54 2.25% 72 Commercial Temporary Service 3 yd (Daily Rent) - 0.00 0.74 0.04 $0.78 - - - - 0.02 0.76 0.05 $0.81 $0.03 3.83% 73 74 Commercial Temporary Service 6 yd Haul Svc (Municipal Solid Waste)7.62 - 38.36 0.00 0.00 $45.98 7.62 0.87 - 39.23 - - - $46.85 $0.87 1.89% 75 Commercial Temporary Service 6 yd Haul Svc (Construction and Demolition)15.24 - 140.25 0.00 0.00 $155.49 15.24 3.17 - 143.42 - - - $158.66 $3.17 2.04% 76 Commercial Temporary Service 6 yd (Monthly Rent) - 0.00 25.18 1.51 $26.69 - - - - 0.57 25.75 1.55 $27.30 $0.61 2.29% 77 Commercial Temporary Service 6 yd (Daily Rent) - 0.00 0.83 0.05 $0.88 - - - - 0.02 0.85 0.05 $0.90 $0.02 2.28% 78 79 Commercial Temporary Service 8 yd Haul Svc (Municipal Solid Waste)10.16 - 48.97 0.00 0.00 $59.13 10.16 1.11 - 50.08 - - - $60.24 $1.11 1.88% 80 Commercial Temporary Service 8 yd (Monthly Rent) - 0.00 26.27 1.58 $27.85 - - - - 0.59 26.86 1.61 $28.47 $0.62 2.23% 81 Commercial Temporary Service 8 yd (Daily Rent) - 0.00 0.86 0.05 $0.91 - - - - 0.02 0.88 0.05 $0.93 $0.02 2.20% 82 83 COMMERCIAL PERMANENT RECYCLING 84 Commercial Commingled Recyclable Collection Container Delivery Charge (3,5,6,8 yd options) - 22.82 0.00 0.00 $22.82 - 0.52 - 23.34 - - - $23.34 $0.52 2.28% 85 86 Commercial Commingled Recyclable Collection 3 yd (Extra Dump) - 13.51 0.00 0.00 $13.51 - 0.31 - 13.82 - - - $13.82 $0.31 2.29% 87 Commercial Commingled Recyclable Collection 3 yd (2 x month) - 17.89 22.65 1.36 $41.90 - 0.40 - 18.29 0.51 23.16 1.39 $42.84 $0.94 2.24% 88 Commercial Commingled Recyclable Collection 3 yd (1 x week) - 23.66 22.65 1.36 $47.67 - 0.53 - 24.19 0.51 23.16 1.39 $48.74 $1.07 2.24% 89 Commercial Commingled Recyclable Collection 3 yd (2 x week) - 57.09 22.65 1.36 $81.10 - 1.29 - 58.38 0.51 23.16 1.39 $82.93 $1.83 2.26% 90 Commercial Commingled Recyclable Collection 3 yd (3 x week) - 90.54 22.65 1.36 $114.55 - 2.05 - 92.59 0.51 23.16 1.39 $117.14 $2.59 2.26% 91 Commercial Commingled Recyclable Collection 3 yd (4 x week) - 123.99 22.65 1.36 $148.00 - 2.80 - 126.79 0.51 23.16 1.39 $151.34 $3.34 2.26% 92 Commercial Commingled Recyclable Collection 3 yd (5 x week) - 157.42 22.65 1.36 $181.43 - 3.56 - 160.98 0.51 23.16 1.39 $185.53 $4.10 2.26% 93 94 Commercial Commingled Recyclable Collection 5 yd (Extra Dump) - 17.48 0.00 0.00 $17.48 - 0.40 - 17.88 - - - $17.88 $0.40 2.29% 95 Commercial Commingled Recyclable Collection 5 yd (2 x month) - 31.41 22.97 1.38 $55.76 - 0.71 - 32.12 0.52 23.49 1.41 $57.02 $1.26 2.26% 96 Commercial Commingled Recyclable Collection 5 yd (1 x week) - 46.47 22.97 1.38 $70.82 - 1.05 - 47.52 0.52 23.49 1.41 $72.42 $1.60 2.26% 97 Commercial Commingled Recyclable Collection 5 yd (2 x week) - 87.83 22.97 1.38 $112.18 - 1.98 - 89.81 0.52 23.49 1.41 $114.71 $2.53 2.26% 98 Commercial Commingled Recyclable Collection 5 yd (3 x week) - 128.75 22.97 1.38 $153.10 - 2.91 - 131.66 0.52 23.49 1.41 $156.56 $3.46 2.26% 99 Commercial Commingled Recyclable Collection 5 yd (4 x week) - 169.89 22.97 1.38 $194.24 - 3.84 - 173.73 0.52 23.49 1.41 $198.63 $4.39 2.26% 100 Commercial Commingled Recyclable Collection 5 yd (5 x week) - 211.02 22.97 1.38 $235.37 - 4.77 - 215.79 0.52 23.49 1.41 $240.69 $5.32 2.26% 101 102 Commercial Commingled Recyclable Collection 6 yd (Extra Dump) - 21.33 0.00 0.00 $21.33 - 0.48 - 21.81 - - - $21.81 $0.48 2.25% 103 Commercial Commingled Recyclable Collection 6 yd (2 x month) - 39.26 25.18 1.51 $65.95 - 0.89 - 40.15 0.57 25.75 1.55 $67.45 $1.50 2.27% 104 Commercial Commingled Recyclable Collection 6 yd (1 x week) - 45.61 25.18 1.51 $72.30 - 1.03 - 46.64 0.57 25.75 1.55 $73.94 $1.64 2.27% 105 Commercial Commingled Recyclable Collection 6 yd (2 x week) - 97.12 25.18 1.51 $123.81 - 2.19 - 99.31 0.57 25.75 1.55 $126.61 $2.80 2.26% 106 Commercial Commingled Recyclable Collection 6 yd (3 x week) - 148.62 25.18 1.51 $175.31 - 3.36 - 151.98 0.57 25.75 1.55 $179.28 $3.97 2.26% 107 Commercial Commingled Recyclable Collection 6 yd (4 x week) - 200.13 25.18 1.51 $226.82 - 4.52 - 204.65 0.57 25.75 1.55 $231.95 $5.13 2.26% 108 Commercial Commingled Recyclable Collection 6 yd (5 x week) - 251.64 25.18 1.51 $278.33 - 5.69 - 257.33 0.57 25.75 1.55 $284.63 $6.30 2.26% 109 110 Commercial Commingled Recyclable Collection 8 yd (Extra Dump) - 29.35 0.00 0.00 $29.35 - 0.66 - 30.01 - - - $30.01 $0.66 2.25% 111 Commercial Commingled Recyclable Collection 8 yd (2 x month) - 48.57 26.27 1.58 $76.42 - 1.10 - 49.67 0.59 26.86 1.61 $78.14 $1.72 2.25% 112 Commercial Commingled Recyclable Collection 8 yd (1 x week) - 55.05 26.27 1.58 $82.90 - 1.24 - 56.29 0.59 26.86 1.61 $84.76 $1.86 2.24% 113 Commercial Commingled Recyclable Collection 8 yd (2 x week) - 116.85 26.27 1.58 $144.70 - 2.64 - 119.49 0.59 26.86 1.61 $147.96 $3.26 2.25% 114 Commercial Commingled Recyclable Collection 8 yd (3 x week) - 178.66 26.27 1.58 $206.51 - 4.04 - 182.70 0.59 26.86 1.61 $211.17 $4.66 2.26% 115 Commercial Commingled Recyclable Collection 8 yd (4 x week) - 240.49 26.27 1.58 $268.34 - 5.44 - 245.93 0.59 26.86 1.61 $274.40 $6.06 2.26% 116 Commercial Commingled Recyclable Collection 8 yd (5 x week) - 304.04 26.27 1.58 $331.89 - 6.87 - 310.91 0.59 26.86 1.61 $339.38 $7.49 2.26% 117 118 Commercial Commingled Recyclable Collection 95 gallon carts (1 cart/week) - 9.96 0.53 0.03 $10.52 - 0.23 - 10.19 0.01 0.54 0.03 $10.76 $0.24 2.28% 119 Commercial Commingled Recyclable Collection 95 gallon carts (2 cart/week) - 14.70 1.06 0.06 $15.82 - 0.33 - 15.03 0.02 1.08 0.06 $16.17 $0.35 2.21% Meridian City Council Meeting Agenda August 15, 2017 – Page 281 of 299 8/10/2017 3 of 4 H:\Andrea\SWAC\2017 PI Model_ 2017 2018 Disposal HHW Service Rental Tax Current Disposal CPI Serv HHW Service CPI Rent Rental Tax PROPOSED increase % of increase 120 Commercial Commingled Recyclable Collection 95 gallon carts (3 cart/week) - 19.44 1.59 0.10 $21.13 - 0.44 - 19.88 0.03 1.62 0.10 $21.60 $0.47 2.22% 121 Commercial Commingled Recyclable Collection 95 gallon carts (4 cart/week) - 24.19 2.12 0.13 $26.44 - 0.55 - 24.74 0.04 2.16 0.13 $27.03 $0.59 2.23% 122 Commercial Commingled Recyclable Collection 95 gallon carts (5 cart/week) - 28.91 2.65 0.16 $31.72 - 0.65 - 29.56 0.05 2.70 0.16 $32.42 $0.70 2.21% 123 124 INDUSTRIAL TRASH 125 Industrial Trash Container Delivery Svc 6 - 10 yd - 23.08 0.00 0.00 $23.08 - 0.52 - 23.60 - - - $23.60 $0.52 2.25% 126 Industrial Trash 6 - 10 yd containers (Haul Svc) - 57.03 0.00 0.00 $57.03 - 1.29 - 58.32 - - - $58.32 $1.29 2.26% 127 128 Industrial Trash 6 yd Disposal Fee (Municipal Solid Waste)34.98 - 0.00 0.00 0.00 $34.98 34.98 - - - - - - $34.98 $0.00 - 129 Industrial Trash 6 yd Disposal Fee (C&D/Compacted)69.96 - 0.00 0.00 0.00 $69.96 69.96 - - - - - - $69.96 $0.00 - 130 Industrial Trash 6 yd Disposal Fee (Wood)17.52 - 0.00 0.00 0.00 $17.52 17.52 - - - - - - $17.52 $0.00 - 131 Industrial Trash 6 yd Disposal Fee (Sheetrock)38.16 - 0.00 0.00 0.00 $38.16 38.16 - - - - - - $38.16 $0.00 - 132 Industrial Trash 6 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - $21.20 $0.00 - 133 Industrial Trash 6 yd (Monthly Rent) - 0.00 48.12 2.89 $51.01 - - - - 1.09 49.21 2.95 $52.16 $1.15 2.25% 134 Industrial Trash 6 yd (Daily Rent) - 0.00 1.58 0.09 $1.67 - - - - 0.04 1.62 0.10 $1.72 $0.05 3.00% 135 136 Industrial Trash 8 yd Disposal Fee (Municipal Solid Waste)46.64 - 0.00 0.00 0.00 $46.64 46.64 - - - - - - $46.64 $0.00 - 137 Industrial Trash 8 yd Disposal Fee (C&D/Compacted)93.28 - 0.00 0.00 0.00 $93.28 93.28 - - - - - - $93.28 $0.00 - 138 Industrial Trash 8 yd Disposal Fee (Wood)23.36 - 0.00 0.00 0.00 $23.36 23.36 - - - - - - $23.36 $0.00 - 139 Industrial Trash 8 yd Disposal Fee (Sheetrock)50.88 - 0.00 0.00 0.00 $50.88 50.88 - - - - - - $50.88 $0.00 - 140 Industrial Trash 8 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - $21.20 $0.00 - 141 Industrial Trash 8 yd (Monthly Rent) - 0.00 62.37 3.74 $66.11 - - - - 1.41 63.78 3.83 $67.61 $1.50 2.27% 142 Industrial Trash 8 yd (Daily Rent) - 0.00 2.05 0.12 $2.17 - - - - 0.05 2.10 0.13 $2.23 $0.06 2.76% 143 144 Industrial Trash 10 yd Disposal Fee (Municipal Solid Waste)58.30 - 0.00 0.00 0.00 $58.30 58.30 - - - - - - $58.30 $0.00 - 145 Industrial Trash 10 yd Disposal Fee (C&D/Compacted)116.60 - 0.00 0.00 0.00 $116.60 116.60 - - - - - - $116.60 $0.00 - 146 Industrial Trash 10 yd Disposal Fee (Wood)29.20 - 0.00 0.00 0.00 $29.20 29.20 - - - - - - $29.20 $0.00 - 147 Industrial Trash 10 yd Disposal Fee (Sheetrock)63.60 - 0.00 0.00 0.00 $63.60 63.60 - - - - - - $63.60 $0.00 - 148 Industrial Trash 10 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - $21.20 $0.00 - 149 Industrial Trash 10 yd (Monthly Rent) - 0.00 69.51 4.17 $73.68 - - - - 1.57 71.08 4.26 $75.34 $1.66 2.25% 150 Industrial Trash 10 yd (Daily Rent) - 0.00 2.28 0.14 $2.42 - - - - 0.06 2.34 0.14 $2.48 $0.06 2.48% 151 152 Industrial Trash Container Delivery Svc 20 - 40 yd - 23.08 0.00 0.00 $23.08 - 0.52 - 23.60 - - - $23.60 $0.52 2.25% 153 Industrial Trash/Recycling 20 - 40 yd screen lid 0.00 35.00 2.10 $37.10 - - - 0.79 35.79 2.15 $37.94 $0.84 2.26% 154 155 Industrial Trash 10 - 40 yd containers (Haul Svc) - 127.28 0.00 0.00 $127.28 - 2.88 - 130.16 - - - $130.16 $2.88 2.26% 156 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - Ada County) - 157.35 0.00 0.00 $157.35 - 3.56 - 160.91 - - - $160.91 $3.56 2.26% 157 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Waste Systems) - 250.20 0.00 0.00 $250.20 - 5.65 - 255.85 - - - $255.85 $5.65 2.26% 158 159 Industrial Trash 20 yd Disposal Fee (Municipal Solid Waste)116.60 - 0.00 0.00 0.00 $116.60 116.60 - - - - - - $116.60 $0.00 - 160 Industrial Trash 20 yd Disposal Fee (C&D/Compacted)233.20 - 0.00 0.00 0.00 $233.20 233.20 - - - - - - $233.20 $0.00 - 161 Industrial Trash 20 yd Disposal Fee (Wood)58.40 - 0.00 0.00 0.00 $58.40 58.40 - - - - - - $58.40 $0.00 - 162 Industrial Trash 20 yd Disposal Fee (Sheetrock)127.20 - 0.00 0.00 0.00 $127.20 127.20 - - - - - - $127.20 $0.00 - 163 Industrial Trash 20 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - $21.20 $0.00 - 164 Industrial Trash 20 yd Disposal Fee (Asbestos - Ada County Landfill)800.00 - 0.00 0.00 0.00 $800.00 800.00 - - - - - - $800.00 $0.00 - 165 Industrial Trash 20 yd Disposal Fee (Asbestos - Idaho Waste Systems)800.00 - 0.00 0.00 0.00 $800.00 800.00 - - - - - - $800.00 $0.00 - 166 Industrial Trash 20 yd (Monthly Rent) - 0.00 79.92 4.80 $84.72 - - - - 1.81 81.73 4.90 $86.63 $1.91 2.25% 167 Industrial Trash 20yd (Daily Rent) - 0.00 2.63 0.16 $2.79 - - - - 0.06 2.69 0.16 $2.85 $0.06 2.15% 168 169 Industrial Trash 30 yd Disposal Fee (Municipal Solid Waste)174.90 - 0.00 0.00 0.00 $174.90 174.90 - - - - - - $174.90 $0.00 - 170 Industrial Trash 30 yd Disposal Fee (C&D/Compacted)349.80 - 0.00 0.00 0.00 $349.80 349.80 - - - - - - $349.80 $0.00 - 171 Industrial Trash 30 yd Disposal Fee (Wood)87.60 - 0.00 0.00 0.00 $87.60 87.60 - - - - - - $87.60 $0.00 - 172 Industrial Trash 30 yd Disposal Fee (Sheetrock)190.80 - 0.00 0.00 0.00 $190.80 190.80 - - - - - - $190.80 $0.00 - 173 Industrial Trash 30 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - $21.20 $0.00 - 174 Industrial Trash 30 yd Disposal Fee (Asbestos - Ada County Landfill)1200.00 - 0.00 0.00 0.00 $1,200.00 1,200.00 - - - - - - $1,200.00 $0.00 - 175 Industrial Trash 30 yd Disposal Fee (Asbestos - Idaho Waste Systems)1200.00 - 0.00 0.00 0.00 $1,200.00 1,200.00 - - - - - - $1,200.00 $0.00 - 176 Industrial Trash 30 yd (Monthly Rent) - 0.00 97.67 5.86 $103.53 - - - - 2.21 99.88 5.99 $105.87 $2.34 2.26% 177 Industrial Trash 30 yd (Daily Rent) - 0.00 3.21 0.19 $3.40 - - - - 0.07 3.28 0.20 $3.48 $0.08 2.35% 178 179 Industrial Trash 40 yd Disposal Fee (Municipal Solid Waste)233.20 - 0.00 0.00 0.00 $233.20 233.20 - - - - - - $233.20 $0.00 - 180 Industrial Trash 40 yd Disposal Fee (C&D/Compacted)466.40 - 0.00 0.00 0.00 $466.40 466.40 - - - - - - $466.40 $0.00 - 181 Industrial Trash 40 yd Disposal Fee (Wood)116.80 - 0.00 0.00 0.00 $116.80 116.80 - - - - - - $116.80 $0.00 - 182 Industrial Trash 40 yd Disposal Fee (Sheetrock)254.40 - 0.00 0.00 0.00 $254.40 254.40 - - - - - - $254.40 $0.00 - 183 Industrial Trash 40 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.00 0.00 0.00 $21.20 21.20 - - - - - - $21.20 $0.00 - Meridian City Council Meeting Agenda August 15, 2017 – Page 282 of 299 8/10/2017 4 of 4 H:\Andrea\SWAC\2017 PI Model_ 2017 2018 Disposal HHW Service Rental Tax Current Disposal CPI Serv HHW Service CPI Rent Rental Tax PROPOSED increase % of increase 184 Industrial Trash 40 yd Disposal Fee (Asbestos - Ada County Landfill)1600.00 - 0.00 0.00 0.00 $1,600.00 1,600.00 - - - - - - $1,600.00 $0.00 - 185 Industrial Trash 40 yd disposal Fee (Asbestos - Idaho Waste Systems)1600.00 - 0.00 0.00 0.00 $1,600.00 1,600.00 - - - - - - $1,600.00 $0.00 - 186 Industrial Trash 40 yd (Monthly Rent) - 0.00 111.63 6.70 $118.33 - - - - 2.52 114.15 6.85 $121.00 $2.67 2.26% 187 Industrial Trash 40 yd (Daily Rent) - 0.00 3.67 0.22 $3.89 - - - - 0.08 3.75 0.22 $3.97 $0.08 2.06% 188 189 Industrial Trash 10yd compactor Disposal Fee 116.60 - 0.00 0.00 0.00 $116.60 116.60 - - - - - - $116.60 $0.00 - 190 Industrial Trash 15yd compactor Disposal Fee 174.90 - 0.00 0.00 0.00 $174.90 174.90 - - - - - - $174.90 $0.00 - 191 Industrial Trash 18yd compactor Disposal Fee 209.88 - 0.00 0.00 0.00 $209.88 209.88 - - - - - - $209.88 $0.00 - 192 Industrial Trash 20yd compactor Disposal Fee 233.20 - 0.00 0.00 0.00 $233.20 233.20 - - - - - - $233.20 $0.00 - 193 Industrial Trash 25yd compactor Disposal Fee 291.50 - 0.00 0.00 0.00 $291.50 291.50 - - - - - - $291.50 $0.00 - 194 Industrial Trash 30yd compactor Disposal Fee 349.80 - 0.00 0.00 0.00 $349.80 349.80 - - - - - - $349.80 $0.00 - 195 Industrial Trash 36yd compactor Disposal Fee 419.76 - 0.00 0.00 0.00 $419.76 419.76 - - - - - - $419.76 $0.00 - 196 Industrial Trash 40yd compactor Disposal Fee 466.40 - 0.00 0.00 0.00 $466.40 466.40 - - - - - - $466.40 $0.00 - 197 198 INDUSTRIAL RECYCLING 199 Industrial Recycling Container Delivery Svc 6 - 10 yd - 23.08 0.00 0.00 $23.08 - 0.52 - 23.60 - - - $23.60 $0.52 2.25% 200 Industrial Recycling 6 - 10 yd containers (Haul Svc) - 57.03 0.00 0.00 $57.03 - 1.29 - 58.32 - - - $58.32 $1.29 2.26% 201 202 Industrial Recycling 6 yd (Monthly Rent) - 0.00 48.12 2.89 $51.01 - - - - 1.09 49.21 2.95 $52.16 $1.15 2.25% 203 Industrial Recycling 6 yd (Daily Rent) - 0.00 1.58 0.09 $1.67 - - - - 0.04 1.62 0.10 $1.72 $0.05 3.00% 204 205 Industrial Recycling 8 yd (Monthly Rent) - 0.00 62.37 3.74 $66.11 - - - - 1.41 63.78 3.83 $67.61 $1.50 2.27% 206 Industrial Recycling 8yd (Daily Rent) - 0.00 2.05 0.12 $2.17 - - - - 0.05 2.10 0.13 $2.23 $0.06 2.76% 207 208 Industrial Recycling 10 yd (Monthly Rent) - 0.00 69.51 4.17 $73.68 - - - - 1.57 71.08 4.26 $75.34 $1.66 2.25% 209 Industrial Recycling 10 yd (Daily Rent) - 0.00 2.28 0.14 $2.42 - - - - 0.06 2.34 0.14 $2.48 $0.06 2.48% 210 211 Industrial Recycling Contain Deliver Svc 20 -40 yd - 23.08 0.00 0.00 $23.08 - 0.52 - 23.60 - - - $23.60 $0.52 2.25% 212 Industrial Recycling 20- 40 yd containers (Haul Svc) - 127.28 0.00 0.00 $127.28 - 2.88 - 130.16 - - - $130.16 $2.88 2.26% 213 214 Industrial Recycling 20 yd (Monthly Rent) - 0.00 79.92 4.80 $84.72 - - - - 1.81 81.73 4.90 $86.63 $1.91 2.25% 215 Industrial Recycling 20 yd (Daily Rent) - 0.00 2.63 0.16 $2.79 - - - - 0.06 2.69 0.16 $2.85 $0.06 2.15% 216 217 Industrial Recycling 30 yd (Monthly Rent) - 0.00 97.67 5.86 $103.53 - - - - 2.21 99.88 5.99 $105.87 $2.34 2.26% 218 Industrial Recycling 30 yd (Daily Rent) - 0.00 3.21 0.19 $3.40 - - - - 0.07 3.28 0.20 $3.48 $0.08 2.35% 219 220 Industrial Recycling 40 yd (Monthly Rent) - 0.00 111.63 6.70 $118.33 - - - - 2.52 114.15 6.85 $121.00 $2.67 2.26% 221 Industrial Recycling 40 yd (Daily Rent) - 0.00 3.67 0.22 $3.89 - - - - 0.08 3.75 0.22 $3.97 $0.08 2.06% 222 223 Industrial Recycling 15 - 40 yd Compactors (Haul Svc) - 127.28 0.00 0.00 $127.28 - 2.88 - 130.16 - - - $130.16 $2.88 2.26% 224 225 INDUSTRIAL BIOSOLIDS 226 Biosolids Biosolids Hauling - Ada County Landfill (per haul)466.40 - 194.82 0.00 0.00 $661.22 466.40 4.40 - 199.22 - - - $665.62 $4.40 0.67% 227 Biosolids Biosolids Hauling - Idaho Waste Systems Landfill (per haul)407.00 - 259.59 0.00 0.00 $666.59 407.00 5.87 - 265.46 - - - $672.46 $5.87 0.88% 228 229 MISCELLANEOUS CHARGES 230 Miscellaneous Collection Tires 9 (ea.) up to 16 inch - 5.55 0.00 0.00 $5.55 - 0.13 - 5.68 - - - $5.68 $0.13 2.34% 231 Miscellaneous Collection Freon-containing units/appliances - 52.90 0.00 0.00 $52.90 - 1.20 - 54.10 - - - $54.10 $1.20 2.27% 232 Miscellaneous Collection Non-Freon units/appliances 15.00 $15.00 - 0.34 - 15.34 - - - $15.34 $0.34 2.27% 233 Miscellaneous Collection Special Collection (for each increment of 10 minutes) - 21.20 0.00 0.00 $21.20 - 0.48 - 21.68 - - - $21.68 $0.48 2.26% 234 Miscellaneous Collection Bulky Item Pickup (per item)15.00 $15.00 - 0.34 - 15.34 - - - $15.34 $0.34 2.27% 235 Miscellaneous Collection Extra Pickup/Go Back (per occurrence)1.10 - 10.20 0.00 0.00 $11.30 1.10 0.23 - 10.43 - - - $11.53 $0.23 2.04% 236 Miscellaneous Collection Relocation (all sizes) - Commercial/Industrial - 23.08 0.00 0.00 $23.08 - 0.52 - 23.60 - - - $23.60 $0.52 2.25% 237 Industrial Services Turnaround compactor fee -Commercial/Industrial - 16.19 0.00 0.00 $16.19 - 0.37 - 16.56 - - - $16.56 $0.37 2.29% 238 Miscellaneous Collection Weekend Charge - Industrial - 65.51 0.00 0.00 $65.51 - 1.48 - 66.99 - - - $66.99 $1.48 2.26% 239 Miscellaneous Collection Pressure Wash - Industrial - 193.14 0.00 0.00 $193.14 - 4.36 - 197.50 - - - $197.50 $4.36 2.26% 240 Industrial Services Dry Run - Large industrial containers and compactors - 98.33 0.00 0.00 $98.33 - 2.22 - 100.55 - - - $100.55 $2.22 2.26% 241 Industrial Services Dry Run (6 - 10 yd) - 57.03 0.00 0.00 $57.03 - 1.29 - 58.32 - - - $58.32 $1.29 2.26% 242 Miscellaneous Collection Commercial Combo Lock Replacement - 27.53 0.00 0.00 $27.53 - 0.62 - 28.15 - - - $28.15 $0.62 2.25% 243 Commercial Container Extra Yard (Overload Each yd)0.00 $0.00 15.00 $15.00 Meridian City Council Meeting Agenda August 15, 2017 – Page 283 of 299 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Request for Reconsideration of the Decision for 1035 E. Fairview Cc, veme4 - _ IVO �ircQ� �d 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 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 9A PROJECT NUMBER: 4 - ft1j , D09 ITEM TITLE: Public Hearing Continued from July 25, 2017 for Blackstone Subdivision No. 2 (H-2017-0091) by Blackstone Commons, LLC Located 4700 W. Aspen Creek Street 1. Request: Short Plat Approval for Three (3) Residential Lots on Approximately 0.592 Acres in the R-8 Zoning District 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 15, 2017 Item # 9A Project Number: Project Name: H-2017-0091 Blackstone Sub No. 2 Please print your name For Against Neutral Do you wish to testify (Y/N) City Council Meeting August 15, 2017 Item #9A: Blackstone Subdivision No. 2 Vicinity/Zoning Map Preliminary Plat Landscape Plan Item #9B: Burlingame Subdivision Vicinity/Zoning Map Preliminary Plat Landscape Plan Proposed Existing Conceptual Elevations Item #9C: Summerwood Subdivision–Zoning Map Preliminary Plat Landscape Plan Conceptual Building Elevations Item #9D: Summerwood MDA–Vicinity Map Approved Concept Plans Approved Concept Plans Approved Concept Plans Proposed DA Provisions 1.All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan submitted with this application excluding the properties subdivided with the Coleman Subdivisio n, as determined by the Planning Director. Any major variations to the concept plan, the applicant shall amend the development agreement and p rovide a new concept plan for the overall development. 2.These sites have existing development agreements, instrument #108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 shall be subject to a new development agreement and will no longer be subject to the previous three (3) devel opment agreements. 3.The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a ma ximum of 75 buildings provided it does not exceed the density requirements of the R -15 zoning district with no one building exceeding 130,000 square f eet. 4.The applicant shall construct five central plaza areas and associated pathway on the site as generally depicted on the concep tual site plan. 5.The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval from the Planning Department prior to all new construction on the subject property. 6.The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways i n accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the n orth east/west roadway is constructed on the site. 7.That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. 8.That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10 -foot wide multi-use pathway and the tot lot. 9.That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 10.That the park shall include the proposed plaza area and playground equipment. 11.Future development in the C-G, C-C and L-O zones shall 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 Architectural Standards Manual. 12.Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations (see Exhibit A). 13.All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of develo pment. 14.Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood plats shall be reviewed as one project and both plats will remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. 15.One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto Ten Mile Road for fu ture egress from the adjacent commercial lots. Item #4E: Sky Mesa –Zoning Map Fulcher H O T 3, LLC Preliminary Plat & Phasing Plan Landscape Plan REVISED Preliminary Plat (per staff report conditions of approval) Revised Landscape Plan Conceptual Building Elevations Item #4F: Kingsbridge North –Zoning/Aerial Map Preliminary Plat Landscape Plan Item #4G: Preece Business Condominiums Zoning Map S. M e r i d i a n R d . Short Plat Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 9B PROJECT NUMBER: I\- 9 -Dail -rte ITEM TITLE: Burlingame Subdivision I'L11011C Hearing Continued from July 5, 20 17 for Burlingame Subdivision (H-2017-0055) by Mason & Stanfield, Inc. Located Near Northeast Corner of W. Cherry Lane and N. Black Cat Road 1. Request: Preliminary Plat Approval Consisting of Sixty (60) Single Family Residential Lots and Seven (7) Common Lots on Approximately 18.99 Acres in the R-4 Zoning District 2. Modify the Recorded Development Agreement (Instr. #106151230) for the Purpose of Updating Certain Sections of the f)A to RPfIPr f the I)Pcinn C-hr-innP,z MEETING NOTES A& WIIt 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: August 15, 2017 Item # Project Number: Project Name: H-2017-0055 Burlingame Sub Please print your name For Against Neutral Do you wish to testify (Y/N) 7.�t V-7if�d'C �s N 'e Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: I C PROJECT NUMBER: H-2017-0083 ITEM TITLE: Summerwood Subdivision Public Hearing for Summerwood Subdivision (H-2017-0083) by WHPacific Inc., Located 4052 and 4202 W. Daphne Street 1. Request: Preliminary Plat Approval Consisting of Twenty -Six (26) Building Lots and Five (5) Common Lots on 9.98 Acres of Land in an R-4 Zoning District MEETING NOTES F1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 15, 2017 Item # 9C Project Number: H-2017-0083 Project Name: Summerwood Sub Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: PROJECT NUMBER: H-2017-0084 ITEM TITLE: Summerwood Subdivision Public Hearing for Summerwood Subdivision (H-2017-0084) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (DA) (Instrument # 106034786, Amended as Instrument No. 11 101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision and to Modify the Boundary of the Development Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 15, 2017 Item # Project Number: H-2017-0084 Project Name: 4E Summerwood Sub Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 9E PROJECT NUMBER: H-2017-0068 ITEM TITLE: Sky Mesa FUNIC Hearing tor Sky mesa - - y Sky Mesa Development, LLC Located 5899 S. Eagle Road 1. Request: Annexation and Zoning of a Total of 54.01 Acres of Land from the RUT Zoning District in Ada County to the R-4 (Medium Low -Density Residential) (26.57 Acres) and R-8 (Medium -Density Residential) (27.44 Acres) Zoning districts in the City2. Request: Rezone of 38.87 Acres of Land from the R-2 (Low - Density Residential) to the R-4 (Medium Low -Density Residential) 7nninr7 f)ictrir-t`1 Rt-ni IACt- RP7nnP of A iA Ar,rPc of I and frnm the R-9 11 nw- MEETING NOTES 6a'j + Ivued t) Au bes� -, / '�bl i'? 7 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 15, 2017 Item # Project Number: H-2017-0068 Project Name: Sky Mesa M Please print your name (� c� For Against Neutral Do you wish to testify (Y/N) . ill Af0 P, lVv mD e�A iL Ltc.a_k T : )oa -6fr PAT-- I t;�l T"B nz Q CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 15, 2017 Item # Project Number: H-2017-0068 Project Name: Sky Mesa 9E Please print your name For Against Neutral Do you wish to testify (Y/N) SKY MESA SUBDIVISION AUGUST 15, 2017 MERIDIAN CITY COUNCIL PUBLIC HEARING SKY MESA SUBDIVISION –VICINITY MAP SKY MESA SUBDIVISION –AERIAL MAP SKY MESA –LANDSCAPE PLAN SKY MESA SUBDIVISION –LOT SIZES SKY MESA SUBDIVISION –ENTRY SKY MESA SUBDIVISION –ENTRY SKY MESA SUBDIVISION –STREETSCAPE SKY MESA –AMENITIES A total of 13.05 acres (13.27 percent) of qualified open space Central common area and linear open space Pool facility Two playgrounds 10-foot-wide multi-use pathway along Taconic Drive and Eagle Road Detached sidewalks with eight-foot-wide residential landscape buffers Interconnecting pedestrian pathways SKY MESA –AMENITIES SKY MESA SUBDIVISION –POOL AND COMMON AREA SKY MESA SUBDIVISION –EXISTING POOL SKY MESA SUBDIVISION –SLOPED AREA SKY MESA SUBDIVISION –SLOPED AREA SOUTHERN HIGHLANDS –SLOPED AREA SOUTHERN HIGHLANDS–SLOPED AREA EXAMPLE OF SLOPED AREA AT FALL CREEK EXAMPLE OF SLOPED AREA AT FALL CREEK LOT REVISIONS ADJACENT TO BLACK ROCK SKY MESA SUBDIVISION SKY MESA SUBDIVISION –ELEVATIONS SKY MESA SUBDIVISION –CC&R PROVISIONS 2.34 Slope Restrictions. The slope on Lots 2-16 and 23-35, Block 2; Lots 11-18, Block 3; Lots 1-3 and 9-14, Block 7, Southern Highlands Subdivision No.2; and Lots 2-9, Block 12, Sky Mesa Subdivision No. __, shall be maintained so that views from Blackrock Subdivision and Southern Highlands Subdivision lots will not be obstructed or impacted by trees, hedges, landscaping, fencing and other improvements. The slope shall be defined as the area from the rear property line of the higher lots to the toe (bottom) of the slope on any adjacent lower lots. Trees, hedges, landscaping, fencing or other improvements planted or constructed on the slope shall not obstruct or impact the views from the higher lots. No fencing will be allowed on the slopes unless approved by the design review committee. The Association shall include maintenance of slope area as part of the landscape maintenance contract. Landscape maintenance of the slope will include mowing of the vegetation to meet City of Meridian requirements. The slope, landscaping and improvements shall be maintained so as not to cause any obstruction or impact to the views from the lots above. The Association or its agent, as part of its routine Subdivision inspection, may visually inspect the slope to ensure conformance to these slope restrictions and other covenants, conditions and restrictions contained herein and in its discretion may trim, maintain, and remove any trees, hedges, landscaping, or other improvements. Any existing or previously approved trees, hedges, landscaping or other improvements planted on or constructed on the slope do not have a warranty as to their conformance with this restriction by the Association and may be trimmed, maintained, or removed in the Association’s discretion. ARTICLE III SKY MESA SUBDIVISION HOMEOWNER’S ASSOCIATION INC. Section 3.5.2.2.1 of the Declaration is hereby amended, restated and superseded in its entirety as follows: 3.5.2.2.1 Slope Maintenance. The Association shall maintain the slope landscaping and slope improvements on Lots 2-16 and 23-35, Block 2; Lots 11-18, Block 3; Lots 1-3 and 9-14, Block 7, Southern Highlands Subdivision No.2; and Lots 2-9, Block 12, Sky Mesa Subdivision No. _, located within the development. Trees, hedges, landscaping or other improvements planted on or constructed on the slope are subject to the restrictions in Section 2.34 and may be trimmed, maintained, or removed in the Association’s discretion. 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O U `+— C1A .� N �O m Q M " � �+ 75; '7n -0 ;> to o -0 v aJ N m N v v x >, v 4--+ N N ._ ca +- N U 4.1 (� O (]j N 4-J V) m ° 4-J 4—o N U ate--+ N }' O O -g-N U +, O L— O L a) a� I J O a- O c v a- v�i 4A N � O aiR U (p L- .ai N b. 4-J O O i C a--' U W (IJ >, N N _0 ±2 _r_ O C .> a- Q U 0 O Q) ° m 0 M V) 0 1 Request for appropriate transition from Blackrock to Sky Mesa Subdivisions Meridian City Council Meeting 7-15-17 Green space, open feel Open pockets throughout Pocket windows throughout Sky Mesa current transition to Blackrock on the west side. Sky Mesa –higher density lots Whitebark –highest density Future Land Use Map Annexation in Contradiction to the FLUM •City’s Plan for Future Growth •Homeowner Expectations •Buying Decisions •Citizens Want R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R8 R4 R4 R4 R4 R4 R8 R8 R4 R4 R4 R4 R4 R8 R8 R8 R4 R4 R4 R4 R4 R8 R8 R8 R8 R4 R4 R4 R4 R4 R8 R8 R8 R8 R4 R4 R4 R8 R4 R4 R8 R8 R8 R8 R4 R4 R4 R4 R4 R8 R2 R8 Homeowner Questions •Why do we have a FLUM if the City is not going require developers to adhere to it? •Is the Low Density designated on the FLUM just a placeholder until the City figures out what they want? •Why does the City tell homeowners and prospective homeowners one thing and then implement something entirely different? •Why can’t we have more low density housing options? When Expectations Aren’t Met Disappointment Frustration Anger Demand for Change Citizens of South Meridian Want •The City to Adhere the Low Density Designations on the FLUM •Low Density Housing Options •Maintain the Rural Feel of our Community •City Council to Deny Annexation of This Project and •Any Development That Requests a Step Up Zoning R4 R4 R8 R8 R8 R8 R4 R4 R4 R4 R4 R8 R2 R4 R4 R8 R8 R8 R8 R4 R4 R4 R4 R4 R8 R2 R4 R4 R8 R8 R8 R8 R4 R4 R4 R4 R4 R8 R2 2001 we lived here 2011 we lived here http://articles.baltimores un.com/1994-05- 07/news/1994127030_1_ baltimore-county-exurbs- suburbs Tacony’s strength is that it remains an intact, working-class neighborhood where you can buy a decent house for under $100,000 and walk to schools, shops, and transit. What makes a community livable? Ask most people and you’ll hear the same things: Good schools, plenty of jobs and a nice environment https://www.mnn.com/money/sustainable-business- practices/sponsorvideo/americas-most-sustainable-communities Meridian Speedway Eagle Rd Locust Grove Meridian Speedway Only Road Work on 5 Year Ada County Plan No work planned beyond Amity Schools For Meridian to encourage and attract new business, to foster an environment which generates new ideas, and to mold a diverse and sustainable economy, we must continue to encourage and support educational opportunities which create an employment base attractive to employers. It is important for Meridian residents to have accessible educational opportunities, K-12 and beyond, which prepare them for rewarding local career opportunities. Need More Schools! •Based on past trends, West Ada School District estimates that approximately 1,000 acres of land will be needed within the City of Meridian’s Area of City Impact to meet the needs of all existing and projected K-12 students. As shown on the Future Land Use Map, about one elementary school is projected within each square mile of the City. Depending upon the residential density of an area and other build-out factors, the District estimates that it will need at least one middle school for every two to two and a half square miles and one high school for every three square miles of fully developed land. Impact Area Population is/will be Too Dense! •With an additional 1,000 students per year projected to move into the District, this rate of new school construction is expected to continue into the foreseeable future. •Land acquisition for future school sites within West Ada School District are based upon the following acreage standards: Elementary Schools 10 to 12 acres Where Are The Schools? Let’s not bus our Children My Vision is this! A child walks to school Current Issue •Hillsdale –Full (children are being bussed from surrounding developments to this school) -Century Farms, Sky Mesa, and etc… are not even half completed •Roads are not able to accommodate and there is no plan in the next five years to change this. •Overall, development is too dense and too fast! •Need to wait for infrastructure before any more developments Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 9F PROJECT NUMBER: H-2017-0065 ITEM TITLE: Kingsbridge North Subdivision Public Hearing for Kingsbridge North Subdivision (H-2017-0065) by Jarron Langston Located 3475 E. Falcon Drivel. Request: Annexation and Zoning of 5.07 Acres of Land with an R- 4 (Medium Low -Density Residential) Zoning District; 2. Request: Preliminary Plat Approval Consisting of Ten (10) Residential Building Lots and Two (2) Common Area Lots on 5.05 Acres of Land in a Proposed R-4 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: August 15, 2017 Item # Project Number: H-2017-0065 9F Project Name: Kingsbridge North Sub Please print your name For Against Neutral Do you wish to testify (Y/N) AJ �`\UlLkAi� Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 9G PROJECT NUMBER: H-2017-0099 ITEM TITLE: Preece Business Condominiums Public Hearing for Preece Business Condominiums (H-2017- 0099) by Cameron Preece Located 3061 S. Meridian Road 1. Request: Short Plat Approval to Condominiumize an Existing Structure into Two (2) Units in an L -O 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: August 15, 2017 Item # 9G Project Number: H-2017-0099 Project Name: Preece Business Condominiums Please print your name For Against Neutral Do you wish to testify (Y/N) I a A./ X Al Uv' Din Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 9H PROJECT NUMBER: H-2017-0089 ITEM TITLE: Intermountain Gas Map Amendment Public Hearing for Intermountain Gas Map Amendment (H-2017- 0089) by City of Meridian Planning Division 1. Request: Comprehensive Plan Map Amendment to Change the Future Land Use Map Designation from Low Density Residential (LDR) to Industrial (IND) on Approximately Sixty (60) Acres of Land for the Purpose of Updating the Map to Reflect the Intermountain Gas LNG Storage Plant 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 Item #9H: Intermountain Gas Map Amendment (H-2017-0089) Application(s): Comprehensive Plan Map Amendment Size of property, existing zoning, and location: The site consists of approximately 60 acres of land, zoned RUT; located at 4014 N. Can Ada Rd. Current Comprehensive Plan FLUM Designation: LDR Summary of Request: The Planning Division has submitted an application for a Comprehensive Plan Map Amendment (CPAM) to change the future land use map (FLUM) from Low Density Residential (LDR) to Industrial (IND) on approximately 60 acres of land for the purpose of updating the map to reflect the Intermountain Gas (LNG) storage plant. To better plan for this area and collect stakeholder input, staff held multiple public involvement meetings and subsequent online survey to engage with local land owners and residents. The outreach area was a subset of what is often referred to as the Fields District, but focused primarily on the south-western square mile bound by Ustick, Can-Ada, McMillan and Star roads. This area is also within the Growing Together planning area, which was a source of confusion for a significant number of stakeholders. Without getting off topic, and unlike the much broader Growing Together effort, the primary purpose of this project was to identify appropriate land use(s) that are compatible with the LNG storage plant only. City staff explained that any land use change coming out of this effort should not impact the Growing Together effort and vice-verse. Growing Together will ultimately have to address the same concerns, if elements of that effort are proposed in this same area. At the first public involvement meeting on February 27th, 2017, which was attended by more than 30 people, there was an overwhelming support for narrowing the scope of this planning effort until the long-time running Fields District and Growing Together efforts were completed. Stakeholders (generally) only wanted to address the LNG storage plant itself, and not expand too far beyond it. Several of the initial concepts discussed at the public involvement meeting looked at future land use proposals that impacted most of the full square mile, similarly to the way Mixed Use Non-residential land use is applied over the City’s Waste Water Treatment Plant (WWTP). Some interesting perspectives were shared at the January 27th meeting. Most notably were some of the perceived impacts of the LNG storage plant on the adjacent area. Several residents in near proximity to the storage plant indicated that the lights are always very bright, that test sirens are extremely loud, and that people should probably not be living anywhere near the tank. However, and contrary to the idea that people should not be living anywhere near the storage plant, this non-residential buffer was shown at only 1,000-feet for all survey concepts. This was in response to the area that Intermountain Gas felt they needed for safety considerations, and also the majority request of stakeholders that wanted to limit this project scope until after Growing Together. The results of the survey held as part of the second public involvement meeting was a diverse mix of opinions. Due to the low response rates, concern by stakeholders with regard to impacts by the concurrent Growing Together study, and requests for changes not aligned with the purpose of this study, City have staff opted to move forward with a minimal change to the Intermountain Gas property only. After the Growing Together study is concluded (date unknown), staff will then be able to better look at comprehensive map changes in this area through additional public involvement. In this way the LNG storage plant can be better addressed ahead of further land prospecting and development proposals. Land uses within the Fields District can also be considered more comprehensively after Growing Together, and the City will be able to better consider land use change requests made through this effort but unrelated to the goal. While this does not adequately address quality of life and life safety impacts concerns long-term, it does raise awareness of the property and potential hazards now, ahead of further land investments, and sets the stage for additional FLUM revisions later. Commission Recommendation: Approval at the July 6th hearing Summary of Commission Public Hearing: i. In favor: Planning Division and Ben Marconi ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0089, as presented in the staff report for the hearing date of August 15, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0089, as presented during the hearing on August 15, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0089 to the hearing date of August 15, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) 2017 Intermountain Gas Future Land Use Map Amendment City Council Meeting August 15, 2017 Intermountain Gas (LNG) Storage Plant Pickup Truck ( for scale) Berm ( see shadows) Background •Existing Intermountain Gas (LNG) Storage Plant –7 million gallon liquefied natural gas facility on 60 acres near sec Can-Ada/McMillan Road –Built in the 1970’s –Possible future expansion –Added to Meridian’s AOCI in 2008 –Designated “Low Density Residential” on FLUM, with residential land uses adjacent •Evaluated waiting to change with larger “Growing Together” effort, but that is a longer/bigger process; this CPAM discloses use today and into future. FLUM Change Exhibit CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 15, 2017 Item # 9H Project Number: H-2017-0089 Project Name: Intermountain Gas Map Amendment Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Silverstone Apartments A. Ordinance No. /]- i �l 7 : An Ordinance (Silverstone Apartments) - H-2016-0060 Granting Annexation and Zoning for a parcel of land located in the NW'/4 of the NE'/4 of Section 21, Township 3 North, Range 1 East, Boise, 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 rt -n1 IPCfPri hV fhP (-if\/ of MPrirlinn• Fetnhlichinn nnrl nPtPrmininn MEETING NOTES tj i1 it� '1 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 2017-076697 BOISE IDAHO Pgs=5 LISA BATT 08/17/2017 01:12 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 (H-2016-0060) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NW '/a OF THE NE '/a OF SECTION 21, TOWNSHIP 3 NORTH, RANGE I 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 -G (GENERAL COMMERCIAL) 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 ofthe City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: YYilliam P. Bienapfl, Jr. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -G (General Commercial) District, in the Meridian City Code, SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — SILVERSTONE APARTMENTS - 112016-0060 Page I of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict Herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO., this day ofVt, 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this i day of /4 U ' , 2017. MAYOR TAMMY de WEERD ATTEST: " ED A UCIZ-N C.AY rC S, CITY CLERK city of ERIDIANk- �r+77--;; ` IGAHQ !' 0AL v4" ANNEXATION — STLVERSTONE APARTMENTS - H 2016-0060 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 1 641 day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally ap ared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ♦ I • • i IDAHO 64840*0000 ♦• 0,h�n� UIM� NOTARY PUBLIC FOR IDAHO RESIDING AT: �M yu'don 1-D) MY COMMISSION EXPIRES: 3 -93-2 22, ANNEXATION — SILVERSTONE APARTMENTS - H 2016-0060 Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- / 21 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NW i/4 of the NE %4 of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 14.41 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of AU t � � , 29f6. of First RPaclinu" Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES k NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- 1, L1 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- 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). A DATED this day ofRvw-�V-t,2017. William. L.M. Nary City Attorney ORDINANCE SUMMARY — SILVERSTONE APARTMENTS - A-2016-0060 Q��ZL'D i\ UCUsr � f y of .v ej idian City of SII M Mayor an City Council By: C.Jay Coles, City Clerk rt SEAL z� a First RPaclinu" Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES k NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- 1, L1 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- 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). A DATED this day ofRvw-�V-t,2017. William. L.M. Nary City Attorney ORDINANCE SUMMARY — SILVERSTONE APARTMENTS - A-2016-0060 Meridian City Council Meeting Agenda August 15, 2017 – Page 298 of 299 Meridian City Council Meeting Agenda August 15, 2017 – Page 299 of 299 Meridian City Council Meeting DATE: August 15, 2017 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS