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2017-10-10Meridian City Council Meeting Agenda Tuesday, October 10, 2017 – Page 1 of 3 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, October 10, 2017 at 3:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __O___ Genesis Milam (arrived at 3:07pm) __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted as amended 4. Consent Agenda Approved A. Approve Minutes of October 3, 2017 City Council Regular Meeting B. TM Creek Subdivision No. 2 Pedestrian Pathway Easement C. The Oaks South Subdivision No. 5 Pedestrian Pathway Easement D. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #2 E. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #3 F. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #4 G. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #5 H. Resolution No: 17-2040: A Resolution Declaring A Police Radar Trailer as Surplus Property and Donating the Radar Trailer to the Wilder Police Department I. Acceptance Agreement for Display of Artwork in Initial Point Gallery, Meridian City Hall between City of Meridian and Bonnie Zahn Griffith, for a quarter gallery November 2017 Mark Davis, for a quarter gallery November 2017 CITY COUNCIL WORKSHOP AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, October 10, 2017 – Page 2 of 3 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. J. Final Order for Volterra Commercial North (H-2017-0108) by WHPacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile K. Final Order for Volterra Commercial South (H-2017-0123) by WHPacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile L. Findings of Fact, Conclusions of Law for Barger Subdivision (H-2017-0120) By Maverik, Inc. Located at 1515 E. Fairview Ave M. Development Agreement for Overland and Linder Apartments-H-2017-0093 with Evangelical Lutheran Church of America (OWNER) and Southridge Development Company (DEVELOPER) located on the southside of W. Overland Road, west of S. Linder Road in the NE 1/4 of Section 23, Township 3 North, Range 1 West. (Parcel #S1223120620) N. Findings of Fact, Conclusions of Law for Brickyard Subdivision (H-2017- 0107) by John Carpenter located at 3611 N. Centrepoint Way O. Final Order for Brickyard Subdivision No. 1 (H-2017-0125) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way P. Final Order for Brickyard Subdivision No. 2 (H-2017-0126) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way Q. Approval of Award of RFQ and Agreement to KELLER ASSOCIATES for the “QLPE PLAN CHECK SERVICES” for a Not-To-Exceed amount of $50,000. R. Approval of Purchase Order #18-0017 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not-To-Exceed amount of $450,000.00. This PO is a sole source purchase per the previously approved Sole Source for Sensus Water Meters. S. AP Invoices for Payment 10/11/17 - $999,258.59 5. Items Moved From the Consent Agenda 6. Community Items/Presentations A. Light My Fire, Inc. Check Presentation B. American Heart Association Workplace Health Achievement Award C. Resolution No: 17-2041: A Resolution Affirming the City of Meridian's Commitment to Supporting an Amendment to the Idaho State Constitution Meridian City Council Meeting Agenda Tuesday, October 10, 2017 – Page 3 of 3 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. to Provide Equal Rights for Crime Victims, Commonly Known as Marsy's Law Approved 7. Department Reports A. Amended Mayor's Office: Commission Appointments Resolution No. 17-2042: A Resolution Reappointing Creg Steele to Seat 4 and John Nesmith to Seat 3 of the Meridian Parks Commission. Approved Amended onto agenda: Resolution No. 17-2043: A Resolution Appointing Michelle Jensen to Seat 5 and Mike Pepin to Seat 2 of the Meridian Parks Commission. Approved Resolution No. 17-2044: A Resolution Reappointing Dawn Cronk to Seat 1 of the Meridian Historic Preservation Commission. Approved B. Public Works: Annual Department Update C. Building Division: Overview of Process for Adoption of 2015 International Building Code, 2012 International Residential Code, 2015 International Existing Building Code, 2017 Idaho State Plumbing Code, 2015 International Fire Code and proposed local amendments D. Clerk's Office and Legal Department: Proposed Updates to the Temporary Use Code E. Fire Department: Joint Powers Agreement (JPA) Update F. Citywide Strategic Plan Update 8. Future Meeting Topics 9. Executive Session per Idaho State Code 74 -206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Into Executive Session at 6:50pm Out of Executive Session at 8:02pm Adjourned at 8:02pm Meridian City Council Workshop October 10, 2017. A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, October 10, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke Cavener, Genesis Milam and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Dale Bolthouse, Warren Stewart, Laurelie McVey, Alex Freitag, Brent Bjornson, Emily Kane, Jeff Lavey, Mark Niemeyer, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I will go ahead and start tonight's meeting first by welcoming everyone here. I always like to see people in the audience, especially friendly people. It's nice. Thank you. For the record it is Tuesday, October 10th. It's 3:00 o'clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of All 2. Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Under the Consent Agenda Item H, the resolution number is 17-2040. Under Department Reports we need to -- under the Mayor's Office add resolution 17-2043, which is appointment of Michelle Jensen to Seat Five and Mike Pipen to Seat Two of Meridian Parks Commission. And for that I move we -- oh. Item 6-C the resolution number is 17- 2041 and with that I move we approve the amended agenda. Meridian City Council Workshop October 10, 2017 Page 2 of 67 Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of October 3, 2017 City Council Regular Meeting B. TM Creek Subdivision No. 2 Pedestrian Pathway Easement C. The Oaks South Subdivision No. 5 Pedestrian Pathway Easement D. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #2 E. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #3 F. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #4 G. The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #5 H. Resolution No: 17-2040: A Resolution Declaring A Police Radar Trailer as Surplus Property and Donating the Radar Trailer to the Wilder Police Department I. Acceptance Agreement for Display of Artwork in Initial Point Gallery, Meridian City Hall between City of Meridian and Bonnie Zahn Griffith, for a quarter gallery November 2017 Mark Davis, for a quarter gallery November 2017 J. Final Order for Volterra Commercial North (H-2017-0108) by WH Pacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile K. Final Order for Volterra Commercial South (H-2017-0123) by WH Pacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile Meridian City Council Workshop October 10, 2017 Page 3 of 67 L. Findings of Fact, Conclusions of Law for Barger Subdivision (H-2017-0120) By Maverik, Inc. Located at 1515 E. Fairview Ave M. Development Agreement for Overland and Linder Apartments- H-2017-0093 with Evangelical Lutheran Church of America (OWNER) and Southridge Development Company (DEVELOPER) located on the southside of W. Overland Road, west of S. Linder Road in the NE 1/4 of Section 23, Township 3 North, Range 1 West. (Parcel #S1223120620) N. Findings of Fact, Conclusions of Law for Brickyard Subdivision (H-2017-0107) by John Carpenter located at 3611 N. Centrepoint Way O. Final Order for Brickyard Subdivision No. 1 (H-2017-0125) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way P. Final Order for Brickyard Subdivision No. 2 (H-2017-0126) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way Q. Approval of Award of RFQ and Agreement to KELLER ASSOCIATES for the “QLPE PLAN CHECK SERVICES” for a Not-To-Exceed amount of $50,000. R. Approval of Purchase Order #18-0017 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not-To-Exceed amount of $450,000.00. This PO is a sole source purchase per the previously approved Sole Source for Sensus Water Meters. S. AP Invoices for Payment 10/11/17 - $999,258.59 De Weerd: Item 4 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated Item H is the resolution number is 17-2040 and the Consent Agenda also moves -- approves paying invoices up to $99,250.59 -- Borton: Second. Bird: With that -- Meridian City Council Workshop October 10, 2017 Page 4 of 67 Borton: Oh. Bird: I move we approve the Consent Agenda. Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have motion and a second to approve the Consent Agenda as read. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Community Items/Presentations A. Light My Fire, Inc. Check Presentation De Weerd: So, we will move to our next -- Item 6, Community Presentations. We will kick it off with a presentation by Light My Fire and I will go ahead and -- chief. Niemeyer: Madam Mayor, Members of the Council, this is a great time of the year for us again. We do this every year and we are very honored to have the Light My Fire folks here on behalf of a lot of the work they have done to benefit our city and the burn out fund and so with that, Bob or Mary, who is doing the speaking here? Mary is. Go figure. Cahoon: Yeah. Go figure. It is such a privilege to be here today. This is one of the things that we work for ten months out of the year to do and that is to bring you guys a check or two and behind me we have Terry Ogden with Disaster Kleanup, Andrea Bradshaw with Balfore. Chrissy Kay with CTR. Bob Ricketts with Ricketts & Associates and there is a collective group of us agents, disaster cleanup type of companies that bond together. We lay down the land, we work together to make money to help in areas that will -- where people have a house that burns down or fire safe ty and prevention. Pam Orr is another one of our committee members and Joe Bongiorno. I calculated up this year. Over 400,400 dollars has been contributed over the past 24 years and this year we get to celebrate the 25th anniversary, which is going to be really exciting for us, and we are hoping that you're going to come and show up and help us to raise the funds for these people that are burned out of their home and it helps save people's lives by being able to Meridian City Council Workshop October 10, 2017 Page 5 of 67 get out of that fire in a hurry. So, with that I have for you, Chief Niemeyer, 8,496 thousand dollars -- De Weerd: Wow. Cahoon: I said that wrong. Oh, my goodness. But that magically doubles, because you have a matching grant fund, and so that turns into 16,992 dollars, which is awesome. So, thanks for matching that. And, then, for the Burnout, Joe Bongiorno, for you we have 5,664 dollars for Burnout for when people really need that help. And, then, on February the 23rd we are having our 25th anniversary celebration. It's Black and Bling and so, anyway, we invite you to come and celebrate, have a dinner, come to the live and silent auction and help us raise more money. De Weerd: Now, see, Mary, you're going to have to figure out how to do it online , too, because I have been to most of them, but not last year, and I can tell you that those three women in the back are usually -- I mean totally blinged out. They -- you all follow the theme of the evening and they never make you feel bad if you're not . So, encourage all of you sitting on both sides of me to -- to come and experience one of those events. They -- they are very heart warming, it's for a great cause, and there is a lot to bid on. You guys work your tails off getting items that -- that we get into -- usually Bob's wife and I get into a real bidding war. We seem to gravitate to the same items, so -- Cahoon: Judy's already been talking about that. De Weerd: It's not advisable. Yes, I will win. But thank you so much. Your dollars not only our doubled, but they go to those in -- in a time of crisis and we greatly appreciate the efforts that your organization, your efforts bring to our -- our community and to the personnel that -- heart strings are always pulled saying we wish we could do something. We wish we could do more. And you allow that to happen. Bob. Ricketts: Madam Mayor, I'd like to maybe give a little shout out to prevention here. I know Pam works awful hard at all this and the thing about fire prevention that we don't really have a good handle on, that is, you know, how many lives and how much property is saved by the efforts that fire prevention does. That you can't measure, you know, we can measure the amount of money we give out to burnout funds and things of this nature, but we can't measure the fire prevention and that's something that -- that really, really is needed and they do a fantastic job at it and I know I visit with some of the students and things -- my wife even takes her Boy Scout troop -- or Cub Scouts, I guess, over to Pam's and they are coming back very knowledgeable about, you know, what to do in case of a fire and so that's something that -- that we are really, really in support of, so -- De Weerd: Thank you for pointing that out and certainly Pam's efforts -- especially during Fire Prevention Month and beyond, she -- yeah. She always goes above and beyond and never in the spotlight, always behind the scenes quietly making it happen. So, thanks for pointing that out, Bob. Chief or Pam? Joe? Meridian City Council Workshop October 10, 2017 Page 6 of 67 Niemeyer: I won't make Pam come up here during Fire Prevention Month. Just to echo what you said, Mayor. I do want to thank Light My Fire. They have been a strong supporter of our fire prevention efforts, certainly has helped Pam do more with less sometimes and so, again, a reminder, this is Fire Prevention Month, we have a ton of activities going on, both through our prevention division and with our crews and so these dollars that get donated to us help and support those efforts throughout the year. So, certainly want to thank you again very much. De Weerd: Thank you. Maybe -- Pam, another opportunity to just tell us what activities are left for the remainder of the month. Orr: Thank you, Madam Mayor, Council Members. So, for the rest of this month -- actually, tonight in just a few hours -- well, first of all, before 5:00 o'clock I have to get the posters up for our poster contest winners and so we did run a poster contest event for all the elementary schools and we do have an event coming up on the 17th where upstairs on the third floor we will honor those little poster contest winners. Got some great posters. The great thing about that is is that those kids were able to take that message home to their families and ultimately it's families that are the game changers in order to be able to make us safe; right? And so that has to be done by the end of today and, then, this evening is our very first of -- for the rest of this week we will be doing Dominos Pizza deliveries with Dominos and so they partnered with us at the corporate level, which is awesome, and what that looks like is that we go out to people's homes who have donated -- who have ordered pizza and we follow along the delivery drivers with a fire engine. I will be along with them. And we offer the family free pizza if we can come in and take a look at their smoke alarms and so if the smoke alarms are operational they get free pizza, if they are not either I will at that point bring their smoke alarms back up to service, if I can do that, or we will set up an appointment or give them the tools, essentially, to be able to get that done, so it's a win-win. They either get free pizza or they get working smoke alarms and hopefully we will have the media out for that. We have certainly requested that. So, hopefully, media will come out, because ultimately it's not about the media, but it's about the message; right? It's about the message. And that's what we are doing. We are in the schools all -- all this month and so I think we have been in there -- just today I think we had like three or four programs in the schools that the crews went on. I taught the new recruit academy this morning for a few hours. So, that was really awesome to be able to do that and to instill in our brand new recruits the prevention message and that operational firefighting is one thing, you know, getting that wet stuff on the red stuff is one thing, but for me it's putting that ed stuff on the red stuff if we can prevent fires; right? It's the best way to go. And so we had an opportunity to do that this morning as well. This coming Saturday is Table Rock Challenge, which is a race that we work with with the Treasure Valley Fire Prevention community all together. There are a group of us in the community that are structure firefighters and wildland firefighters that come together and do a group of events throughout the year. Those are our clown and puppet shows, right, that -- that we are able to take a joint message throughout the Treasure Valley and so because generally most departments, including ours, right, you really can't do the big events without a whole lot of people and so they help us to do that. That is our fundraiser and so that's a race, the Table Rock Challenge. It's the 35th year that we have run that. Meridian City Council Workshop October 10, 2017 Page 7 of 67 I haven't run it personally, I just work with the program. So, that's this coming Saturday. Last Saturday we had our big open house and we had over 500 people that came to Station No. 1 and that was our Public Safety Day. That was a joint effort between police and fire, because this is -- police -- you know, Crime Prevention Month as well. And so we were able to do that and really get our education message out there as well and we will just continue with this month just taking full advantage of every effort that we have and every opportunity that we have to get into the schools and into people's homes through their little ones educating them on being safe from fire. So, again thank you very much for the opportunity to be able to even give that spiel and -- and thank you. Light My Fire community, I -- my heart -- I got to tell you, I can't tell you how hard these people work. They work so hard and I'm going to keep it straight and not cry, but they work so hard on our behalf and to think that they do this month after month after month, year after year after year. It's the 24th year -- we just finished the 24th year, going into the 25th year that they do this and they do it to give a hundred percent of the proceeds away, it's just -- it's humbling -- very humbling to me and as a person and part of that public trust, if you will, right, we want to do well with those dollars and so thank you for the support that you give to our program and thank you to Light My Fire for that as well. B. American Heart Association Workplace Health Achievement Award De Weerd: Thank you. Okay. Item 6-B is under the American Heart Association. Our HR Department, do you guys want to come forward, too? And Julie. But a lot of the effort by our wellness committee and Christena Barney has lent to this award and Julie asked if she could come and make a presentation to the Council. We had Christena and Crystal at the dinner last Tuesday night accepting the award and so, Julie or Christena, I'm going to turn this over to you. O'Meara: Thank you very much. I appreciate this time. I'm the executive director of the Idaho chapter of the American Heart Association and this is a huge honor for you guys. So, we have a program that is called Worksite Health Solutions and it is free to any work site in America to assess the health and wellness culture of the company and their employees and Mayor Tammy and her team have really taken this on and in the first year of this program they are one of four companies in Idaho or organizations in Idaho that received a bronze level in the very first year of the program . So, here is their plaque, which is wonderful, and we will get a picture and, then, a cling for your door. But it really is wonderful to see her leadership in instilling that , that the policies and the actions and the culture, as well as the benefits for the employees at the City of Meridian, really are around health and wellness and prevention and are taking those steps to give a healthy workplace for the employees here, too. So, we applaud you for that very much. De Weerd: Thank you, Julie. Christena, do you want to talk a little bit about what we have been doing? Barney: So, I coordinate with the wellness program -- or the wellness committee to offer a wellness program for the City of Meridian employees and we have quarterly challenges, Meridian City Council Workshop October 10, 2017 Page 8 of 67 we have quizzes, we have newsletters, we have events and e-mails that take place throughout the year to provide healthy choices and alternatives for people who just need that extra boost to make those -- the proper choices in their life and so in doing that I saw -- this award is actually part of the Fit Friendly Workplace previously and we participated in that and we were recognized for Fit Friendly Workplace, but they have changed the program and changed the parameters. It's a little tougher to meet this time. So, I was happy that we got awarded, happy that we got the bronze level, but we do have some work to do going forward, so that we can maintain that bronze level, so -- De Weerd: And that's great. Barney: -- that's the recognition. De Weerd: And you have a good level of participation, too. I -- I think we just did healthy food bingo and -- and some of those fruits and vegetables I had never heard of. You had to actually look them up just to see -- and I wondered where you could even find them in a grocery store, and lo and behold, there they are. Barney: That was the idea was to try to get -- you know, get you out of your box and thinking about different things and how you can incorporate that into your -- into your diet. De Weerd: Council, any questions? Bird: I have none. De Weerd: And, Julie, do you want me to come up? O'Meara: Yes. De Weerd: And I will point out our HR team has really taken -- and our wellness committee has taken this serious and -- and we have seen that in our experience rating. So, we -- we are achieving not only these kind of milestones, but also seeing it in our insurance rating. So, that's good news. So, thank you. Thank you, Julie. C. Resolution No: 17-2041: A Resolution Affirming the City of Meridian's Commitment to Supporting an Amendment to the Idaho State Constitution to Provide Equal Rights for Crime Victims, Commonly Known as Marsy's Law De Weerd: Okay. Item 6-C is Resolution 17-2041. Todd, do you have anything you want to say before we take action on this? I mean Senator Lakey. Lakey: Thank you, Madam Mayor. And as always it's a nice mix between senator and Todd and whatever one is -- De Weerd: Whatever. You don't want the whatever. Meridian City Council Workshop October 10, 2017 Page 9 of 67 Lakey: I will answer to whatever. Madam Mayor, this is a -- like you said, a follow up to our previous presentation on strengthening victims rights in the Idaho constitution and we have had an opportunity -- we appreciate -- had an opportunity to review the resolution that's been proposed by the city. We appreciate that resolution. Agree with its terms. This I think will help us in our efforts to give crime victims an effective voice in the criminal justice system in Idaho. So, we would ask for your support of the resolution. I would be happy to answer any questions if you have them. De Weerd: Thank you. Council, any questions for Senator Lakey? Bird: I have none. De Weerd: Okay. Thank you. Lakey: Madam Mayor, thank you. De Weerd: Okay. Council, with that I would entertain a motion on Item 6-C. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution number 17-2041. Milam: Second. De Weerd: I have a motion and a second to approve resolution 17-2041. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Amended Mayor's Office: Commission Appointments Resolution No. 17-2042: A Resolution Reappointing Creg Steele to Seat 4 and John Nesmith to Seat 3 of the Meridian Parks Commission. Meridian City Council Workshop October 10, 2017 Page 10 of 67 Amended onto agenda: Resolution No. 17-2043: A Resolution Appointing Michelle Jensen to Seat 5 and Mike Pepin to Seat 2 of the Meridian Parks Commission. Resolution No. 17-2044: A Resolution Reappointing Dawn Cronk to Seat 1 of the Meridian Historic Preservation Commission. De Weerd: Item 7-A is under the Mayor's Office and in front of you you have resolution 17-2042, reappointing Creg Steele and John Nesmith, who have been on our parks commission and have served faithfully. Yesterday the commission chair Sharon Borton and I conducted interviews from the submitted interest that we have received and in front of you is resolution 17-2043 and these are to appoint Michelle Jensen and Mike Pepin to the parks commission and I would stand for any questions. And I see that Mike is here and I will ask him if he has words after we take action. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no discussion, I move that we approve the appointments of Creg Steele and John Nesmith under resolution number 17-2042 and also approve Michelle Jensen and Mike Pepin under resolution number 17-2043 to the Meridian Parks and Recreation Commission. Little Roberts: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mike, would you like to say anything? No. You have to say it up here. I know you have a voice that carries, but it has to go on the record. Pepin: Thank you, Madam Mayor, Members of Council. I just want to say I'm excited to help the commission do the work of this great community and thanks for the opportunity. De Weerd: Thank you. And thank you for joining us. Pepin: You're welcome. De Weerd: Okay. Item 7-B is under our Public Works and -- Meridian City Council Workshop October 10, 2017 Page 11 of 67 Bird: You got a resolution. De Weerd: Oh. Sorry. I was rushing things. Under -- also under 7-A is resolution 17- 2044, reappointing Dawn Cronk to the Meridian Historical Preservation Commission. Dawn has been someone that's been a solid performer and someone who has contributed a lot to HPC and I have her in front of you as -- to be reappointed for another term. Little Roberts: Madam Mayor? De Weerd: Yes, Ms. Little Roberts. Little Roberts: Hearing no discussion, I move that we approve resolution 17-2044 reappointing Dawn Cronk to the Meridian Historic Preservation Commission. Palmer: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Works: Annual Department Update De Weerd: Thank you, Mr. Bird. I was so excited to get on to our annual update from the Public Works Department I almost forgot it. So, I will invite Dale Bolthouse to join us in the front. Bolthouse: Madam Mayor, Members of Council, thank you for that enthusiastic invitation to spend some of your time here tonight. We appreciate that opportunity to give you an update. It's been a busy year in Public Works and we are anxious to share that with you. We are well represented. I appreciate the support of members of the Public Works Department across the landscape. So, buckle your seat belts and let's -- let's go for a little ride. So, today we are going to take a little road trip, if you will, and I'm going to offer some opening comments here and, then, I will pass it on to some senior division managers to give an update in their areas and, then, we will wrap up that session with the opportunity for you to ask some questions. So, FY-17, easily a year we could say came at us with some significant challenge. We started the fiscal year with a fair amount of excitement as we saw our senior management -- about three-quarters of the senior management turnover in the first few months of the year. We regrouped, we redesigned and we realigned, we did all the re's possible and through several promotions and things we -- back filled and I'm pleased to say that we have got an organization that's working Meridian City Council Workshop October 10, 2017 Page 12 of 67 well and -- and moving us forward. Additionally, we face some of the highest growth the city has ever seen. I think my records show the third highest in city history. We saw a drastic shift in the regulatory landscape and that was not only the wastewater that you are familiar with, but also on the water front and we are seeing some additional pressures coming on that area and we -- on top of it we tackled one of the largest portfolio projects that our department has seen in some time and in spite of it all I believe we were able to meet our department's mission and that is to anticipate, plan, provide exemplary services to the facilities and support the evolving needs of our community. So, I would be remiss if I didn't take an opportunity to talk about recent the acknowledgment that we made in our department and that comes through the annual Public Works picnic and our Public Works award. So, the world is full of great people and our department is more than blessed with some awesome contributors and so I just want to briefly walk down through here and recognize these achievements. So, we have five awards that we annually hand out. Those are nominated by peers and voted by the executive team for that acknowledgment and I will just quickly work down through here. So, the team achievement award this year went to the collections team and as you may be aware they were faced with substantial challenges, they had a lot of management turnover, but showed incredible resiliency through the -- through the winter and on through some significant organizational changes led by Miguel Espinola -- and I know he's here, along with Tony Parks back there. They have pulled up their boot straps and they are doing -- and have done a tremendous job for the balance of the year and we recognize them as the team of the year. Another cross-functional team, which spreads beyond just one division in our organization, we recognize the struvite and digester team and Laurelie is going to give you more education on struvite than -- than maybe what you care to have today, but I just would say that between engineering, operations, and our maintenance teams, they spend a tremendous amount of effort -- amount of effort resolving a problem or a challenge in our digester three and so we acknowledge them as the cross-functional team. Employee of the year, we come down, we actually ended up with two. We could not decide, you know, amongst many good nominees, but I'm pleased to acknowledge Nate Howell. Nate works in our lab group. He's a rock star out there. He's very good in programming. He helped us on the integration of our LIMS and W IMS systems out there. He's identified many process improvements to our laboratory staff . Cost-saving efforts. So, just a -- just a great effort by Nate. Over in our engineering team we also recognize Garrett Nelson. Garrett's had one of those exciting years himself where he's completed his PE licensure, passed his exams, promoted to a Staff II engineer. Taken on a lot of miscellaneous assignments everywhere from streetlights to water to wastewater projects and that diversity and on top of it all he's just a tremendous CARE values advocate, customer service advocate in our department and is also recognized as an employee of the year. Supervisor of the year -- I know he's here. Tony Bernard. Tony just exudes natural leadership. He runs our maintenance team in the wastewater division and he is a significant contributor to many of the things that we talk about happening out there, but he is -- motivates, he encourages, he inspires his team and as such is recognized as our supervisor of the year in Public Works. And our final award that we added this year was for project of the year and this could be any kind of project, large, small, one that hopefully came to fruition across the past fiscal year and we just could not let Kyle go without one more acknowledgement of several years of effort in the area of drilling concern and the Meridian City Council Workshop October 10, 2017 Page 13 of 67 results of that and so he was acknowledged, along with assistance from others, but he was really the driving force that brought this thing home and that effort will protect the water supply of Meridian for years to come through that effort. So, great, great team of people exemplified by these individuals and these awards . De Weerd: And, Dale, before you move on, all of you that were just recognized, will you stand up so we can show your appreciation. Thank you. Bolthouse: Thank you. But, you know, we talk about big moments, but it takes -- it takes more than just the big moments to make a success and, you know, there is thousands of positive activities that happen every day, including things like saving ducklings from the storm drains and that was a collections team effort there that did that. De Weerd: You were just trying to outdo the Fire Department. Bird: How did you beat the firemen to that? Bolthouse: We beat the firemen to it. Yeah. There you go. No. So -- anyway. So, that's a great thing. You know, success also takes foresight and only a water guy would think to scamper up the 137 steps to the top of the water tower to capture an event that may be the only time we get a chance to see that here in Meridian and that is take a photo of the eclipse while it was occurring from a very amazing vantage point and many in the city enjoyed this particular picture. And the next one -- this one -- this one brings -- this one brings a tear to my eye. No. Really. This thing stinks so bad that it's the only thing that can make you cry and puke at the same time. De Weerd: It's a giant hairball. Bolthouse: Not everything we do is delightful. But I appreciate those that are willing to do the tough jobs and, I'm telling you, this is a tough job and this -- this beauty really put the city on the map. De Weerd: Yeah, it really did. We were proud of that one. Bolthouse: So, there is just a couple of the moments that we would reflect back on as we look -- we look past the last year here. So, we are going to -- I'm going to pass it on here to some other division leaders here pretty quick. But here is the format. So, as you would expect -- fairly intuitive here -- but we are going to talk a little bit about what's behind us, the rear-view mirror kind of thought. Current initiatives that are being faced in our divisions. What's outside our windows today, if you will. And, then, an opportunity in those specific areas to look down the road a little bit and see what's coming and share that with you. So, with that I'm going to pass it over to Laurelie McVey, who is our deputy director of utility operations. McVey: Thanks, Dale. So, we have had a really exciting year of progress in the utility section, including some significant new events, like the first permit in 13 years. New Meridian City Council Workshop October 10, 2017 Page 14 of 67 challenges like Dale talked about, the massive construction and unprecedented growth and some crazy challenges from our environment as well . So, I'm excited to get to tell you guys about the progress that our utility section has made despite the many challenges that we face. We also get to do some fun things once in a while , like entertaining -- I mean educating the Council. We do want to thank you guys, for those of you who were able to make it out to our busy construction site, and the offer still stands if you weren't able to come out, we would love to still have you out there. So, our first major milestone that I'd like to cover is the arrival of our long waited NPDES permit. So, the permit went live in August. This is the first new requirement we have had in 18 years and I'm proud to say that it's been a smooth, seamless transition thanks to our amazing staff and the many years of planning and preparation. The lab specifically, thanks to the new building, the new equipment and the new software systems, all approved by the Council, has helped us transition and achieve one hundred percent compliance so far . We have implemented impressive new software systems -- these are screen shots of a few of them -- that greatly help us increase efficiency and accuracy of the data. With your support we implemented WIMS and LIMS, which converted copious amounts of paper copies all to electronic data available at the click of a button. Automatic transfer of data from SCADA and the lab. I am continually impressed with the amazing in-house talent that this group has, the ability to implement this software and also complete several important studies and permit required documents. We have talked about a few of these with you previously, but these are reports that were completed in house that would have previously been contracted out. These were completed with exceptional quality and saved the city tens of thousands of dollars by doing them in house . Some examples are the reuse annual report, the Biphthalate study and the emergency response plan. Another significant challenge that was faced by our groups this year was last year's heavy winter . So, significant efforts were made by the entire water division to keep the sidewalks and storm drains clear. With the help of Parks, Fire and Police, we all did the best job we could to keep the sidewalks and roads clear for residents and schools. However, the snow packed storm drains caused significant challenges at the treatment plant when we experienced rapid snow melt. So, as the snow melted -- so, imagine this flow going into this manhole times almost 11,000 manholes. We knew that as this ice cold water headed towards the plant we were going to have a problem. So, we received over 60 mgd all at once at the treatment plant that night. At the -- and the facility is designed to treat ten. So, you will see that spike in the circle in red, that was that evening. Our staff stayed all night long, we had to bypass directly into the UV system, completely bypassing the entire treatment plant, but we were able to minimize and avert a serious environmental disaster . So, preparations are already underway for this year's winter. Hopefully, it's not as bad. De Weerd: No. We just learned a lot, so we will be smarter. McVey: Right. Another challenge that was overcome with excellent results was our struvite issue that Dale talked about. So, you've heard us talk quite a lot about struvite over the years, so I figured I'd tell you a little bit about what it is. So, struvite is made up of phosphorous, ammonia and magnesium and as we move to remove more of the phosphorus from going out the effluent, it has to go somewhere and where it goes is our solid stream in places like our digesters. So, when the combination of those three Meridian City Council Workshop October 10, 2017 Page 15 of 67 elements are just right and the conditions are just right, which happens to be our digesters, our pumps, and piping, the struvite crystals form. As you can see from the photos, it drastically reduces the pipe capacity, even in some places plugging it completely. It ruins equipment and causes us serious operational problems. So, to get rid of struvite we are focusing on long-term permanent solutions, which you will see in the next few years in the CIP portfolio. It's called sidestream treatment. However, in the short term we have been forced to be pioneering and find new and innovative ways to mitigate the struvite problem. This year we tried two new technologies, a chemical treatment and an electronic device that changes the cond itions in the pipe with great success. So, the struvite issue consumed over 400 man hours over a period of seven months for us to deal with this year. So, a significant strain on our operations. But with innovations found by our staff, like the two that I talked about, it allows us to keep moving forward until the longer term solutions can be constructed . We have also had great success implementing innovative mobile solutions with the help of our internal city IT group that have resulted in better efficiency, effectiveness and improved customer service. The IT group developed in house a vehicle locating program that allows us t o view our mobile fleet in realtime. This allows us to better strategically dispatch crews to issues and assist customers. However, the real efficiency in this program is the devices that provide our field staff with connectivity to the city network when they are out in the field. It allows them to complete work orders, service reads, and collect data seamlessly in the field. A big part of this mobile solution has allowed us to make our pre -treatment inspection process completely mobile, which has greatly increased the efficiency of this work group. They can look up business files, reports, and have access to their database all in the field without having to return to the treatment plant after every site visit . On the water side we have increased efficiency and accuracy in several of our program areas as well. One of those being backflow. The backflow program has implemented a new software platform, which has eliminated double entry and has tied this program into our billing system. The backflow program is a critical piece to keep our water infrastructure protected. We have also completed another stage of asset management , asset identification on the water side. So, as we collect and GPS more of these assets it gives us a better ability to protect it, to maintain and protect our system and, then, the UVS system has been fully implemented and operational for a year. So, this is a huge effort to bring our billing system and our staff utility reading system onto one platform. It created realtime, paperless service orders and billing information that improved efficiencies , communication and customer service internally and also externally to our customers. This was a huge, huge effort from our water team, asset management team and MUBS team. So, we have also made significant strides in our collections program and we promised you an update on this. So, we received our new hydro cleaner right before Christmas. However, right before Christmas we also received a severe winter. This winter prevented us from really getting the new cleaner out and running until about March. We have also, as Dale mentioned, had some significant staff turnover and changes during this period, which affected our production. So, we have had five staff leave, four new hires and two promotions during this period, all within a team of eight guys. So, however, even with these challenges the group has really persevered. That's why they won the team of the year and since the beginning of this year we have cleaned 35 miles of pipe and CCTV'd 29 miles and our goals for 2018 are to maintain a full group of staff and all Meridian City Council Workshop October 10, 2017 Page 16 of 67 four running tracks and are aiming to clean 109 miles and 66 miles -- and CCTV 66 miles, which I know we will be able to accomplish. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: On that point, I think the standard to the whole city to be cleaned every two years or 2.2, are we -- are we now on that pace? McVey: Councilman Borton, that's a great question. So, we are not quite yet, because we have not had full staff . We are just barely at that point. But this coming year, starting -- well, this October through next October, if we meet those cleaning goals we will be back on -- on schedule. Borton: Okay. Thanks. McVey: So, we have had also a great year moving forward to our safety program. So, our safety program coordinator Tim is now certified to provide many of the required trainings for our staff, saving time and money and improving the quality of training that we receive. We have implemented new safer equipment along with the training, which has continued to increase safety awareness and practices by our employees. We implemented a new mobile SDS program, so our staff can have access and information to the chemicals that they work with at any time or any location and we also had a fun safety logo contest, which you will see up there on the screen, which was won by one of our wastewater operators John. So, another true success for us is the quality of the employees in the utilities. These staff members, as Dale, mentioned perform day in and day out doing important, complex and sometimes really dirty jobs. A few of them have received state and local recognition. Licensure is also a big deal for our staff. We are required in our field to hold professional licenses and we have had multiple staff members receive new licenses or higher level licenses. So, as you can see we had a very big, very busy year in the utilities and now I'd like to take a few minutes to talk about some of the ongoing projects and initiatives that are currently underway. So, as Dale mentioned, growth continues to drive the projects in our utilities. So, as -- as the city continues to expand we are challenged on both the water and wastewater sides to keep up. We have pressures from new regulations, especially on the water side. As our population exceeds 100,000 it triggers new regulations, such as additional sampling and corrosion control studies, which we will be completing this next year. We continue to strive to provide excellent quality of water and customer service. But, again, our challenge is as the city continues to add more infrastructure, more miles of pipe, more residents. However, we do have significant projects underway on the water treatment facilities that help us maintain and improve our water quality. However, learning how to optimize these new facilities and technology is an ongoing effort for our staff. Another major initiative for us is our SCADA program. So, SCADA is a critical system that's required for compliance, protecting public health, the environment and critical equipment. It's our central control center. So, it brings in all the critical data from our sites and allows us to control a complex Meridian City Council Workshop October 10, 2017 Page 17 of 67 system remotely. If we didn't have SCADA we would have to significantly increase the staffing to have people go out and manually check all of these pieces of equipment every day. This program touches nearly every asset in our facilities. So, as our SCADA system has grown over the years, we have really fallen behind on resourcing this program from a day-to-day operation standpoint. We currently only have one staff member on board to operate, maintain, and update this critical program. So, we are taking a step back to look at this, look at the resources that are needed, develop this as a program and our initial analysis has shown that were severely understaffed in the area of SCADA. We are currently spending significant amounts of money on consultants to bridge this gap. Once we complete this analysis this spring we plan on bringing that information back to you guys and updating you to let you know what type of resources are needed for this program. Our reuse permit is currently out for public comment and will be renewed . Nothing major has changed on it and they are actually looking at renewing it for a ten year cycle. Additionally, on the Idaho Power side for the power line buy out, we have received the initial buyout agreement and it's currently being reviewed by our legal teams and we are still anticipating ownership in early 2018 and just a reminder this is a really critical project timingwise, because the two new big expansion projects do not have power until we get this agreement executed. So, we have a couple of objectives that are on the horizon that will have significant impacts to the utilities in the coming year. As many of you saw on our construction tour, we are in for some really big changes out of the wastewater side of the utility. We are doubling our assets on the site and we will have the unique challenge of operating two treatment facilities. Additionally, during that time period our permit limits will continue to get more and more stringent. With all of these changes we, obviously, need staff to support this massive complex expansion and we will need to move to 24/7 staffing sooner than later. We can't leave a facility of this size without 24/7 operation for much longer and to do that we, obviously, need more staff and shifts in our operations and maintenance groups. Another challenge that we will face in the next few years is the renewal of our NPDES permit. I know it feels like we just barely got it, which we did, but they come up for renewal every five years . So, we will see a renewal in 2022. This could bring new limits, new monitoring and new requirements that we have no way of really predicting what those are today, but we are staying actively engaged in that process and will bring you guys updates as we receive them . On the water side of the house, our challenge continues to be around improving brown water issues. So, I wanted to take a minute to explain to you guys the brown water cycle , what causes it, and why it continues to impact us. So, iron and manganese occur naturally in our aquifer. It's dissolved, which means that you wouldn't be able to see it under normal conditions. However, when we pump the water from the aquifer we are required to add chlorine to it and when you add chlorine, the iron and manganese precipitates out and it settles to the bottom of the pipes. So, this poses a couple of challenges for us. It takes up capacity in the pipes and, then, when we flush the system, which is required by DEQ, it stirs -- or have construction projects, it stirs up the sediment, which makes its way into people's homes. While it's nontoxic, it's definitely unsightly and below the expectations that our customers have. So, to remove this issue we have to have a two -pronged approach, otherwise, you just keep pumping iron and manganese out of the aquifer and into the system. So, the two-pronged approach first includes installing treatment facilities. So, like I said, unless you install these facilities to actually remove the iron and Meridian City Council Workshop October 10, 2017 Page 18 of 67 manganese from the water, you will continue to have the issue. We have successfully completed three of these treatment facilities and have several more planned for the next few years. However, these are not cheap and take several years to design and build. Another important prong to the approach is the implementation of a unidirectional flushing program. So, we have years and years of buildup in our system and the only way to completely remove it is to strategically turn valves to ensure a one-way flush of the whole system. This may sound pretty simple, but with the thousands and thousands of valves in our system it's actually pretty extensive planning, takes equipment and staffing. So, with the addition of the treatment facilities and the unidirectional flushing program , we should be able to significantly reduce the brown -- brown water issues in Meridian. However, like I said, both of these take time and resources, both personnel and capital, to complete, but they are underway in our planning efforts. So, as you can see on the utility side, we have had a tremendous year of accomplishments of progress , but we still have quite a few important initiatives to keep our plates full. So, at this point I'm going to turn it over to Warren Stewart to speak about the capital projects and engineering side. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Laurelie, I just have a couple of questions if I could. McVey: Yes. Cavener: Can you share with us a little bit about this moving to a 24 hour staffing structure and how many employees you think that's going to require, when you would estimate that would need to occur. That's the first I have heard of this and so it definitely stuck with me very quickly. McVey: Yes. Councilman Cavener, that's a great question. So, we are working on analyzing that. I don't have a specific number for you today. But we are actually looking at a phased approach. So, it wouldn't just happen overnight. We would strategically add a few staff members, gradually reduce that amount of time that the facility is under staffed, to eventually reach full 24/7 staffing in 2020 is our goal. Cavener: Okay. Madam Mayor, additional question. You touched on the brown water and I don't know if I'm just hearing about it more or if we are experiencing it more or somewhere in between and I'm just curious if Public Works has had discussions with MUBS, with the Mayor's Office, about responses that we can provide our citizens who are experiencing this. I know that I have seen a lot more commentary about it on social media and when I have been connecting with our citizens and I'm just curious if -- I love that we are taking an approach on what we can do to prevent it from happening, but do we have a response in place for what our citizens are experiencing today? McVey: That's a -- Councilman Cavener, that's a great question and comment. So, we have put together -- and Alex will touch on it a little bit in his presentation, but a call map Meridian City Council Workshop October 10, 2017 Page 19 of 67 that's allowing us to pinpoint the types of calls, which will allow us to better strategically put these treatment facilities, do the flushing programs. We have really stepped up efforts in outreach and notification utilizing social media , the NextDoor app, to try to get that information out to the residents that we have to flush our system twice per year and when we do that is when it stirs up the -- the sentiment. So, we really want to continue that effort, want to continue to put together possibly information on our website, our literature, that we would be able to give to customers to let them know that, you know, the water is still safe, it just doesn't look great. You know, here is some things that you can do to flush it out of your house, things to avoid when the flushing is happening, like laundry and that type of thing. Cavener: Okay. Stewart: Good afternoon. Laurelie is kind of tough to follow, but I will do the best I can. I'm going to follow sort of the same format that she did and talk a little bit about the past, present and the future situation that we have within the division . So, first I want to talk about an accomplishment that may be slightly out of the ordinary or one that you wouldn't normally think of, but the Public Works Department was proud to bring the movie Dream Big to high school students in the Treasure Valley. While we were preparing to do our Public Works Week activities, this announcement that this movie was going to be produced by the American Society of Civil Engineers in conjunction with Becla Corporation and Hollywood movie producers, came out, we were hoping to be able to -- to bring this movie and show it at that particular time , but due to logistical reasons we weren't able to bring the movie to the Public Works Week. But we have worked with our high schools and our consultants, the ASCE and the Village Cinemas over the past few months -- months and were able to bring this movie to the theater just a few weeks ago, where we had over 400 high school students from the Treasure Valley watch the 45 minute production. The intent of the movie was to inspire young men and young women to take up careers in engineering-related fields. The feedback that we received was very positive, both from the teachers and the students, and two young ladies who watched the movie even commented that they were going to change their career path and go towards engineering based on what they had seen in the movie . You may ask why do we -- why would we be interested or why would we do that? Well, the bottom line is it's somewhat selfish, we have had difficulty as a city, as well as engineering firms across the valley, attracting a good volume of quality individuals to fill our open positions . We have been able to do that, but sometimes it's taken a long time to fill vacant positions in the engineering-related fields and I know that there is other engineering firms that are going through the same thing. So, our hope is to be able to -- in the future to attract and interest enough people that in the future we will be able to get highly qualified, talented people to work for the city to design and construct the infrastructure that we will need to serve the city into the future. I want to take a moment to thank -- to our sponsors which was JUB and Keller Engineers, whose financial donations made it possible to obtain the movie and the venue and also to thank both Aubrey Ploetz and Dean Stacy for their coordination of this event and I think -- we hope to be able to do this again in the future and provide this opportunity to students. We think it was very valuable and the feedback we got was extremely positive. Next I'd like to talk to you a little bit about some of the projects that Meridian City Council Workshop October 10, 2017 Page 20 of 67 we were involved in this past year. We finished the UV disinfection project at the wastewater treatment plant. This project was the unit process with the smallest capacity up until this project occurred and now we have a quality project that will serve the city for many years into the future. We had a few challenges along the way, but we were able to overcome those and this project actually came in under budget . We also completed the installation of several programmable logic controllers for both the water and wastewater facilities. These components are part of the brains that Laurelie talked about in the SCADA system and are going to allow us to utilize and communicate with those remote facilities from our SCADA systems in our operations facilities. We also purchased and implemented new software that would help us to prioritize mainline replacements in our sewer system and Kyle and his team were busy with the ABC project, as well as water rights project, trying to project our water rights and our source water for the city and the -- the water rights efforts that they were able to do will provide us with a lot of flexibility in how we are able to utilize our wells and provide service to our citizens in the future . We also added a treatment system to Well 27 to improve water quality. That makes three treatment plants, as Laurelie mentioned, that are in service and two more in the design phase. These plans, coupled with the unidirectional flushing program, will greatly improve water quality throughout the system. Additionally, we completed several mainline and lift station projects to add capacity to our system and replace old and deteriorating infrastructure. Our inspections team provided inspections on over 105 projects during this past year. That is a really outstanding effort when you consider th at there was a significant portion of the year where there were only four inspectors. Our engineering team also played an important role in negotiating our NPDES permit that Laurelie spoke about. The wastewater engineering team also completed a new sewer master plan for our collection system. 2017 was also significant -- a significant year for our streetlighting projects. In addition to an intersection improvement project where we added lighting in neighborhoods that had close proximity to schools, we also teamed up with ACHD to add streetlights to the Settlers Park area with the -- the Ustick and Meridian Road project and also down Franklin Road associated with the Franklin Road streetlighting project. Now, we are going to take a little look at current initiatives. So, the wastewater treatment plant and the capacity expansion project that's going on there is , you know, going to dominate things for the next couple of years. However, this is just one of several projects that are taking place at the wastewater treatment plant right now. The headworks expansion projects, the centrate project, and the Boise River outfall pump station project are also under construction. So, there is really four major projects taking place out there all at the same time. De Weerd: Warren? Stewart: Yes. De Weerd: I heard you were starting a beach out there. Stewart: Ssshh. No. We are just trying to make the -- make the ground stable. Outside the treatment plant we are designing and constructing several mainline extension replacements. The most significant of which is the south Meridian project, which I will talk Meridian City Council Workshop October 10, 2017 Page 21 of 67 to you a little bit more about in the near future -- or, actually, not in the near future, in just a few minutes, but -- the final phase of construction on Well 30 and 29 is progressing rapidly. These new wells will provide water in pressure zones one and five and Well 32 is also in the final phases of design and will be completed in 2018. These new wells will allow for development in the northwest and south portions of Meridian. Water quality, as you have already -- we have already touched on is an area we are focusing a lot of attention. We are in the final design phase of a treatment facility for Well 22, which is Bear Creek park. Not only will this new facility provide improved water quality for the residents in that area, but it's also going to improve water quality for Roaring Springs, which has also been a challenge for us over the years. We have decided -- we did -- started design work on a treatment facility on -- for 28, which is near Black Rock. When complete this will be the fifth well to receive a treatment plant . These systems, in combination with our move towards unidirectional flushing, will greatly improve our water quality like we talked about. We are also in the process of developing a new facility plan for our wastewater treatment plant that will guide our growth for the next five years and beyond. We are also involved in two grant funded streetlighting projects. One is a CDBG grant that will improve streetlighting in areas around schools and the other one is a joint project with ACHD that will provide streetlighting on Cherry Lane between Meridian Road and Linder, which, actually, goes by Meridian Middle School. All right. We are going to take some time and look ahead here just a minute and talk about some things that are challenges in the future. As I stated, the capacity expansion and headworks project will be ongoing for the next couple of years. But in addition we will be designing and constructing a side screen treatment process that will help to remove phosphorus in our system. This is one of those things that's going to help to minimize struvite formation in our wastewater treatment plant operations. Our final -- to meet our final permit limits we are also going to have to enhance our filtration capacity out at the wastewater treatment plant before we can discharge to Five Mile Creek. Another emerging issue for us is access at the wastewater treatment plant itself. As the wastewater treatment plant grows and we add new buildings to the treatment plant , a secondary access for emergency services, as well as for operations, will be required and I think Dale spoke with you a little bit about that here a few weeks ago. We are also watching the development of the Boise River TMDL trading framework, as this will have an impact on our reclaimed water program. The rapid pace of new development is increasing the cost of construction, along with increasing our inspection workload, and we are seeing that in the bids that are coming forward. Water rights and water rights mitigation is also a concern. Our ability to deliver water during years of drought, which will certainly come, is a major concern and we are taking steps to make sure that we are able to provide the services necessary into the future. Long-term infrastructure replacement is another challenge. Many cities across the nation are struggling with this issue. Recently I read an article where one of the cities here in the U.S. has -- was facing a situation where they were challenged with over 400 mainline breaks a day. I can't even imagine the amount of resources and mo ney that putting that many band-aids on a system costs and so we are working to make sure that we have a plan, so that the citizens of Meridian years down the road are not faced with a similar situation and that we can adequately tackle and address this issue before it becomes an insurmountable problem for us. So, we will be coming back to you with a little bit more information with regards to that in the future. Looking ahead also I'm going Meridian City Council Workshop October 10, 2017 Page 22 of 67 to talk a little bit about south Meridian issues now. The sewer line down Meridian Road from the Ridenbaugh Canal through the Simplot property and through the Citadel property and ultimately back across Meridian Road, has been a challenge, but it is out to bid and we anticipate construction will begin before the end of the year. It took over a year for us to negotiate the easements associated with that sewer line and we are very glad that we have finally got it to this point. As you can see also, though, we are -- we are going to be constructing two new water lines in the next couple of years, as well as in year '19 finishing with the final phase of the sewer line project down Linder Road. After these projects are completed this will complete, essentially, the infrastructure improvements that were -- the city committed to accomplishing a couple of years ago . So, those are the projects that are left in the years that -- that they are going to be completed in and we are underway to make sure that all those happen. Fortunately with the other projects we are not required to obtain any easements. They will be in public right of way. So, that will help. Now, I want to talk to you about sort of an emerging issue. The Victory Road sewer shed, which is what you see here on the map, is going to present some challenges for us going forward. This -- the topography of this land, essentially, flows from the right-hand side to the left. In other words, it flows back towards the left-hand side of the page. There is already significant pressure for development on the right-hand side or the upper end of the drainage basin. But the infrastructure that serves this drainage basin actually, which is this lift station over here on the far left side, and the trunk sewer line that gets all the effluent back to the plant, doesn't currently exist. So, we have an interim plan. There we go. So, to address this in the short term, we will allow for the installation of three temporary lift stations -- small lift stations that will pump back up over the hill into the drainage basins to the north. However, this is simply borrowing capacity from that drainage basin, which will ultimately be needed to serve that area. So, this is just a temporary solution and we will need to implement the long -term solution before the capacity is needed elsewhere. So, I wanted to take just a moment and talk about what it's going to take to accomplish that. So, this is a picture of the McDermott Road trunk sewer line, which, essentially, goes from where the Oaks lift station is now, that's the lift station at the top of the page, which is listed as North McDermott lift station, that is an interim lift station that currently exists that will have to be upgraded . But the trunk sewer line that will run from there to the south across the interstate , eventually to this South McDermott lift station, which is the one that does not exist, and the sewer line that -- that runs from there to pick off the last of the -- the little temporary lift stations, which we will allow, as shown on this map, that McDermott trunk sewer line is a 15 million dollar project. The lift station and force main are estimated at 3.6 million dollars and the Victory sewer needed to pick off that last temporary lift station is 1.6 million dollars. Of course, we can't do all that in one fell swoop. We know that that's going to have to be phased in. But it is going to be important that we start that work in the not too distant future. Our newly revised master plan and updated CIP have broken this McDermott Road trunk line project into a seven year phased project that will start in 2025. The effort to build this infrastructure will significantly impact our budget during that time frame. One of the other things that's important to note is that the -- because there are no large parcels along this path, it is unlikely that development will pay for any of this. So, this is something that we are going to have to address as a city moving forward if we want to provide service to this drainage basin and it's a significant issue. We will be providing more information and Meridian City Council Workshop October 10, 2017 Page 23 of 67 updates to you in the near future. But as you can see we are busy planning and constructing and trying to figure out how we are going to provide both on the water side and the wastewater side the infrastructure necessary to support the growth and development that the city is seeing, but there are challenges and some of those challenges come with some fairly significant price tags and we will be working with you and talking with you more about that in the future. I'm going to turn the time back over to Alex at this point, so he can talk about some other issues and concerns , as we will be bringing most of this stuff back to you in another format in the future. De Weerd: Thank you, Warren. Freitag: Madam Mayor, Members of Council, good afternoon. De Weerd: Good afternoon. Freitag: How is everybody doing? We are getting there. I promise. I'm here to talk a little bit about the business division and our accomplishments over the last part of the year. On the financial front we completed the FY-18 budget process. We also just completed the ten year CFP. Both efforts were large, involved, took a long time and my thanks to our utility analyst Connie Moon for the work that she did on that. We also completed a review of the department's service fee schedule. This update -- this updated all of our service-related fees to ensure proper level of cost recovery is occurring in our fees and it also now aligns those fees with the city's annual timelines regular fee updates. The asset management team completed phase four of the water asset program . This effort works primarily on management processes for many of our water distribution assets in the city, such as lines, hydrants, and pressure relief valves. This is enabling us to kind of take asset management from just collecting data and assigning work orders and PMs to assets, to being able to actually start to cost account against manpower , resources, and future planning. The GIS team was able to create the water quality call mapping. Councilman Cavener, to your question earlier, if you look at that image on the left there, that's an example -- that's an example of that -- that application right there. We can now plot display on command all customer concerns by various criteria , such as type, location, and frequency. So, that should help our water division quite a bit on that front . We conducted outreach meetings for the upcoming proposed FEMA map changes on Nine Mile Creek. This was a chance to kind of talk with the public about proposed flood plain changes, answer questions, all ahead of what we expect will be potential implementation of that plan in 2018. You might remember our environmental coordinator was before you last month to outline our new revitalized environmental excellence awards program to help recognize those entities in the community that are helping to make Meridian sustainable, healthy and a premier community. Our capital projects and facilities team completed or supported 11 capital projects here just in our city facilities and responded to over 1,250 cases regarding customer concerns. So, moving into some of the current initiatives our team is working on. We are working on updating our rate model. We were -- you might remember we were before you back in the springtime where we talked a little bit about where that model was at. With the new CFP completed we are finalizing our current efforts with work from our utility analysts. We expect to come before you and Meridian City Council Workshop October 10, 2017 Page 24 of 67 conduct the second part of that discussion , which will provide our latest projections and potential impacts to the utility rates and fees. So, stay tuned on that. But as you can see on this chart here, that's a picture of the rate model. Those last couple of years will probably be a point of discussion as we -- as we move into those conversations. Another project that we have in motion is an update to the city code with regard to how we calculate connection fees for our commercial customers. So, a review of commercial class types, methodologies, and what is right for Meridian and its customers is also going to be expected outcomes from that effort. Our asset management team will move into water asset phase five. That will capture additional thousands of pieces of water infrastructure that we put into our asset management program. Our manhole assessment certification program interface replacement -- talk just a moment about this. The manhole assessment certification program is, essentially, part of a national standard that allows the city to -- to apply standards to how it inspects and identifies defects and maintenance in those assets. This is a pretty exciting improvement for that team . Currently when the field collections guys collect that data, it's a fairly cumbersome process for them to take that data and move it from the field software to our asset management software . It involves the working of a third party interface. We are going to move all that to in house and in addition to increasing the efficiency on that we are also going to save the cost of having to pay that third-party software management agreement. So, it's a win-win for us on that. So, efficiency and cost savings. Our GIS team will continue to work on layer improvements to our GIS mapping to provide further accuracy and visibility to the infrastructure in the city. We would like to thank IT for some assistance in helping us develop a departmentwide tactical plan database. They stole the database that the city is currently using for the strategic plan and reworked it for us and we are now able to put all 18 of our department level tactics into that database to help us with tracking that. It's a great reuse of a resource that we already had out there. So, again, thanks to them for that. We are working on devoting efforts departmentwide to further define what we mean when we talk about level of service as well. Establishing what that standard is now and what we expect the level of service standard to be in the future and, then, once we have that we can distill that down into meaningful -- meaningful performance matrix that we use to drive our business positively and improve those levels of service . We also now have a working draft of our Public Works Department communications plan. Our communication specialist has been hard at work defining how we communicate with our customers, goals to meet, and how to improve standards and tools we use for everything from quality complaints to public outreach events. So, just taking a look ahead, obviously, on the fiscal front before we all know it FY-19 budget process will start. It always seems like we are in a budget cycle somehow. We are going to have to address a forecasted funding gap that goes back to the rate model discussions that we will have with you and I pulled that picture back up again. You can see there at the -- the end of that ten year period we are relatively certain that we are going to have some kind of deficit there that we are going to have to address as we go forward and in this last bullet I mentioned funding strategic investments. If you look at that chart you will see that the ending fund balance hugs that solvency line pretty close through the next six, seven, eight years. That really gives us very little tolerance for emergencies, for maybe strategic investment opportunities that come along and so the analogy we have been thinking of is that sort of -- the Enterprise Fund living paycheck to paycheck during that time period . When an unforeseen Meridian City Council Workshop October 10, 2017 Page 25 of 67 opportunity comes along we might not have the cash on hand to take advantage of that. Situations we might want to take advantage of would be perhaps securing additional water supply for future generations or taking advantage of certain land acquisitions as those opportunities become available. The flexibility in being able to leverage some of those kinds of opportunities when they may be far less expensive for the city and may alleviate future challenges is not to be underestimated. We are also going to be working on fleet management. The Public Works Department has over 50 vehicles just in our department. We recognize that the management of these assets requires more effort and costs every year, so we are looking into where efficiencies and standardization across the department can be exploited. One of the first things we hope to address on that in the upcoming budget cycle is a more defined and standardized approach to how we evaluate and decide when vehicle replacements are needed for the department . We continue to implement philosophy of continuous improvemen t in the Public Works Department. So, we will need to further define what matrix we collect to use and make changes to our processes to ensure we are exhausting every efficiency and resource on the expense side of the equation before we resort to looking at revenue changes. Our environmental programs will focus on conservation and sustainability efforts to support an eco-friendly approach to everything we do and , finally, on workforce development we remain committed to our most valuable resource in the department, which is our people. We look forward to our next class of leadership development candidates. This is going to be our fifth leadership development class that we are able to do in the upcoming year. This is an evolving program that we customize for each group of participants and it allows us to immerse them in a culture of continuous improvement, impart the ideals of Public Works, our mission, our goals and focus on how every staff member of the department has a role to play in problem solving, efficiency, and leadership. That's a little bit about business division and with that I'm going to turn it back over to our director Dale. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One question real quick on the -- the Cliff's graphs, so to speak. Is the -- do you anticipate the concept being brought forward that the -- the emergency reserves of -- I think it's ten million reflected there, that that expands or we should utilize a different additional type of reserve? Freitag: Madam Mayor, Members of the Council, Councilman Borton, that's an excellent question. I'm not sure I have got the right answer for you just yet. That would be certainly one of the things we could look at . We are also going to try to bring forward options in multiple ideas about whether or not an indexed rate approach might be the way to handle that. Currently we don't update our rates every single year and it's already been almost four years since we have raised our rates last time. So, we are running the analysis now to determine whether or not -- what those -- those pictures look like. Borton: Okay. Stay tuned. Meridian City Council Workshop October 10, 2017 Page 26 of 67 Freitag: Stay tuned. Yes, sir. Borton: Great. Thanks. Freitag: Yeah. Bolthouse: Thank you, Alex, Laurelie, and Warren for the updates in divisions. So, I'm going to take us home here in the next couple of minutes . But before -- before we completely wrap it up, I -- I want to give you -- we have been on a little bit of road trip here through -- through the various areas, but I want to kind step it up and I want to take a look at the Public Works world ten years out. So, let's take a little journey to 2027. That's the Jetsons for those of you who don't remember. So, what does the -- what does the city look like in -- in ten years out? What about our utilities? I have got a couple of fun benchmarks to take a look at and share with you here. So, how about the city? Well, just looking at some of the common matrix, we are going to add about 40,000 people to our city over the next ten years and for those of you who like analogies, that's adding three and a half Garden Cities on top of our current population in the City of Meridian. About 12,000 dwelling units. We are adding about seven square miles to our city limits. And as you can see the Mayor will be -- just be completing her sixth term in 2027. How about our water utility? Almost 14,000 new accounts. Additional water pumped in a year 1.6 billion gallons more water needed in a year. So, I was trying to figure out how to drive that point home and just how much is 1.6 billion. So, if you took 3,200 water towers and line them up side by each, as we would say in Wisconsin, you would end up with a row of towers 60 miles long. That's how much more water we are going to be pumping on an annual basis. So, I hope that -- that leaves a little visual. That's to Wilder and back if you're interested. One hundred and seventy miles of water line. That takes you from Meridian to Cascade and back home again. That's how much water line we are going to lay between now and then. Five additional wells. Five additional treatment facilities. And thousands and thousands of valves being added to the system . On the wastewater side you look at about -- that similar, 14,000 accounts. 3.5 million gallons per day is what -- in addition to what we are seeing today. So, we will be approaching 11 million gallons a day headed to our waste treatment plant . That's equal to two million toilet flushes a day that -- in -- in extra volume headed that way. A hundred and forty-four miles of sewer trunk, which is a small journey from Meridian to Twin Falls. Four to five thousand more manholes. Hopefully, not filling with water like we saw from Snowmageddon. The additional aeration basins to process. That's the biological part of the waste treatment plant. We will add 150,000 pounds of more microscopic bugs eating -- eating away in our biological process. And as you have heard, not only are we looking forward to one more permit, but by 2027 we will have had two more rounds of our NPDES permit. De Weerd: Todd, do you know that Pacman -- was that around? Bolthouse: Now you know why we have 66 inch pipe out there going in the ground. Palmer: Madam Mayor, there is one out there at Boondocks. Or whatever it's called now. Wahooz. Meridian City Council Workshop October 10, 2017 Page 27 of 67 De Weerd: Oh. Palmer: It's a big Pacman game. Bolthouse: We may have to deploy that for our -- De Weerd: I thought maybe that was just aging you, but I guess it's still around. Bolthouse: So -- De Weerd: And me. Bolthouse: -- in order to get where we need to be and support the city in 2027, we must plan now. That -- this is our planning horizon and so what do we estimate today? Well, our CFP portfolio shows about 200 million dollars in capital and replacement costs to support that 2027 vision and that does include the initiation of that McDermott trunk line and some of the things that we have talked about here today. We estimate about 32 FTEs in our department. Those are boots on the ground employees supporting 24/7 operation in waste treatment and many of the other areas where we just see support and the growth required. Uncertainty of the regulations. We think we understand what's coming on some fronts, but certainly we do not have the full picture of what -- what regulations we will be facing ten years from now. And the growth numbers in our plan, quite frankly, are conservative. We have a history now of the last several years of exceeding those growth numbers and so that will only challenge us further. So, hopefully, it gives you an idea of kind of what we are looking at, you know, today and longer term as we are planning and although this is the kind of stuff that keeps us up at night, we are excited to -- to face that challenge and I am confident that this Public Works team can get us where we need to be. So, with that I want to take one quick moment and thank Susie for putting together the presentation. She worked tirelessly to help us pull this all together. So, thank you, Susie. And I'd be glad to stand for any questions. De Weerd: Council, any questions? Bird: Fantastic. De Weerd: I think they were asked along the way. Bolthouse: Appreciate that. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just one. I didn't quite catch -- what is it they say in Wisconsin? Side by what? Meridian City Council Workshop October 10, 2017 Page 28 of 67 Bolthouse: Side by each. You know, next to each other. Borton: Side by each. Bolthouse: Side by each. I was only there two years and I picked it up. Thank you, Council. C. Building Division: Overview of Process for Adoption of 2015 International Building Code, 2012 International Residential Code, 2015 International Existing Building Code, 2017 Idaho State Plumbing Code, 2015 International Fire Code and proposed local amendments De Weerd: Okay. Thank you for all you do. We greatly appreciate it. Okay. Item 7-C is under a building division. Bjornson: Good afternoon, Madam Mayor, Members of the Council. I would like to thank you for your time to listen to me discuss the overview and the timeline for the building code adoption. As you know, the building codes in Meridian -- there is quite a few of them, close to eight, and the codes, to give you a bit of background -- I will keep this fairly short -- they run on a three year cycle. So, all the building codes, they are all different years based on the model of the code and when it initially was adopted and so some are 2012, some are 2015. There is a couple that are 2017. But it happens on a three year cycle and there is a solid process for what is the best for the state of Idaho. Part of that process is public hearing per Idaho statute, through the negotiated rulemaking process. There is a lot of participation by the public at large . There is participation from area jurisdictions, area code officials, and, then, you have got the Idaho Building Code collaborative. That building code collaborative board amends and recommends changes to the code process after seeking that participation and the varying views from the public at large and the area professionals and it ends up with a package of codes that it presents to the house committee during the first regular session for -- for building code adoption. So, that's kind of a sneak peak about how the building codes get vetted for what is best for Idaho. There is a thorough process and there is a lot of input. Once that happens, then, it becomes, by Idaho statute, the area municipalities adopt these codes January 1st following the year that the state adopts. So, essentially, the draft ordinance before you is 32 pages of building code. Exciting, isn't it? Thirty-two pages. But in those 32 pages there is probably eight codes all wrapped into that package . A lot of it is housekeeping for our local amendments. But, then, we have got some changes that we are doing to follow the state in its adoption with the International Building Code, the Idaho Residential Code, energy codes, electrical codes, some of those. Currently Sam Zahorka has helped me do this work. He's been a great asset and a valued opinion. He is at the BCA presenting the same information for us and I guess at this point I would like to see if you have any questions to go through these 32 pages. I don't know what level of detail -- I don't want to go through it all. I will tell you that the packages that are in front of you -- that you received I believe last Thursday, there has been some changes already. It's a draft copy and those changes are just clean up some errors and things that we said -- it Meridian City Council Workshop October 10, 2017 Page 29 of 67 looks. We deleted that and we didn't want to delete it. But I will tell you that everything that is contained in the 32 pages is state minimum code. We are not making any changes that would be more restrictive and our local amendments are just getting shorter and we are cleaning up, keeping it simple. Thirty-two pages simple. But I'm going to stand for questions and we can talk through this if you like to whatever extent you feel comfortable with. De Weerd: Okay. Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. You mentioned BCA. Are they -- do they have any opinions on anything that we are doing that we are above and beyond the minimum that we have to do? Bjornson: Madam Mayor, Members of the Council, Councilman Palmer, I have attended the BCA -- I have attended every month in the last three months in a row. I have let them know that, you know, this is a work in progress, so they are aware of per Idaho statute we have to notice the BCA and probably 25 other organizations, which we will do tomorrow per Idaho statute. Those notices are going to go out with a draft copy before you -- the updated copy and so I will discuss the timeline here with you, too, before we close up, just a brief timeline on this proposal and look to your recommendations. But, yes, the BCA is aware and they don't oppose in any way. Therefore, because we are following the state minimum this has been vetted already. De Weerd: Other questions from Council? I guess not at this time. Bjornson: The timeline, just in a snapshot -- I'm not sure -- I don't think you have the timeline. What we are looking at is mailers tomorrow are going out per Idaho Code Section 39-401-1-6, which is the list of area professionals and others. The Meridian Press will be notified, essentially, of a public hearing, which shall be November 21st for the public hearing and first reading and, then, we will move through November, December with the second and third reading, with an effective date requested as January 1st, 2018. That really concludes what I have to present. But, again, I'm willing to answer any questions that you might ask. De Weerd: It doesn’t look like there is any at this point in the process. Bjornson: All righty. Thank you for your time. I appreciate it. D. Clerk's Office and Legal Department: Proposed Updates to the Temporary Use Code Meridian City Council Workshop October 10, 2017 Page 30 of 67 De Weerd: Okay. Thank you, Brent. Okay. Item 7-D is under the clerk's office and Legal Department. Coles: Madam Mayor, Members of the Council, thank you very much. I'm following Brent's exhilarating report with some more code update proposals that we have before you today. In your packet was a memo prepared by Emily Kane in the Legal Department talking about some proposals we would like to make to the temporary use code. In that memo are five highlights that address some of the issues and problems that we are trying to solve with this code update. A lot of it stems from our partners at ACHD over the years -- currently the City of Meridian has a citizens use permit as part of our temporary use permit package. That is for any events that take place within the right of way. We take those applications in and, then, we transmit those currently to ACHD. They have staff over there that reviews those and they provide comments, they approve or deny, and, then, we either approve or deny that permit based on their comments . They have decided to institute at ACHD their own separate permit for events occurring within the right of way. That occurred -- that was implemented on October 1st. Over the course of the summer months we spoke with our friends there at ACHD, worked with them, they have their own timelines that they are working with on their permit, which were different from our timelines on our permit, so a lot of what we are trying to do special event wise was remove our citizens use permit, because that is completely redundant with ACHD's special event permit, try and line up our timelines closer to what their timelines are, so that if an applicant comes to us for an event that's happening within the right of way and they haven't met ACHD's timeline, but they have met our timeline, we don't want there to be any confusion that they can get our permit, but they can't get their permit, which would be a moot point. So, we are trying to line up our timelines with -- again with ACHD so that applicants aren't confused or they are denied one and granted another one. We are -- like I say, we are taking out the citizen's use permits. We are instituting -- or proposing to institute a large scale temporary use permit, which would effectively replace the citizen's use permit and that is for events occurring within arterial roadways, collector roadways, major roadways. For those events occurring on local streets, essentially, block parties and that sort of thing, we are looking to not call them large scale events, but, rather, just keep them regular small scale special events. Again, changing our timeline to meet ACHD's timeline. So, right now we currently have a 21 day process. We want to go to a 30 day process on the regular, if you will, special events. The large scale we are looking to bump that up to 60 days, again, to get in line with ACHD's application and their timeline on their process. Some of the other cleanups that we are trying to make within the temporary use code are adding a provision for unauthorized vendors at special events and outdoor markets. If you recall at the Dairy Days parade there were some issues about unauthorized vendors being within the parade route, creating some public safety issues there. So, we are looking to address that within the code saying that if you are an unauthorized vendor of that application of that event that that is a prohibited act. If you're uninvited, essentially, by the event organizer that you're unable to participate in that event. Again, trying to mitigate any public safety issues that we might have there. We are eliminating the permit requirements for temporary indoor events . We don't have any of those. It was -- when that was created it was created for a potential indoor venue that never materialized and we are looking to take that out, because that is not a permit that Meridian City Council Workshop October 10, 2017 Page 31 of 67 we issue right now, so we want to take that out of the code. And we are also looking to extend the timelines allowed for temporary sales units. Right now we have 90 days. We are looking to bump that up to 120 days. The idea behind a temporary sales unit is seasonal. Your snow cone shacks, essentially. Right now 90 days is not long enough. It doesn't cover an entire season for those seasonal activities , those seasonal vendors. So, we want to look to increase that to 120 days. Along with that, though, we are providing a clarification within the code that if you are on property, but you are closed, that that still counts as a day of use of your permit. This is similar to -- if you look at any business across the City of Meridian within the UDC -- if you have a restaurant that's closed on a Sunday, the use on that property is still a restaurant. It doesn't cease being a restaurant just because its closed. It's still a use on that property. So, we are finding more and more that there are some temporary use -- or temporary sales units across the city that might be on the property year round, but only open for 90 days and so they are creating some use issues on the land where they technically should only be there for the 90 days. We are providing clarification within the code, bumping up the days to 120 days, to hopefully allow for the true seasonal activity, which is the intent of this permit. And, then, we are also making some house -- housekeeping and cosmetic updates, rearranging, making some number changes throughout the code, making it easier for applicants to find what they are looking for in the code, especially in the online version with our codifier, being able to click on a specific section and having everything associated with that particular permit located right there, instead of having to jump around a little bit. So, I know that 31 pages seems lengthy for a temporary use code , but we are really trying to make it more manageable and easier to navigate for applicants and also for staff here to be able to find what they are looking for, instead of having to jump from section to section. I will tell you that we have spent some considerable time with our temporary use team here at the city, which Nancy in our office heads up. She would have loved to have been here today, unfortunately, some family circumstances prevents her from being here with us today. But she has worked tirelessly with just about every department within the city to talk about these updates, to get their input, to rework some of the updates. It's been a month-long process. Also Emily Kane, she has worked tirelessly alongside with Nancy, doing that very same thing and we have also reached out to about 20 or so applicants that are frequent applicants with the city through all different types of permits that this covers, to obtain their feedback or let them know at the very least that this is coming, would you like to provide feedback, what is your insight, what is your input. We did hear back just from one of those applicants, that was the Dairy Board, saying they appreciate the opportunity to provide feedback and their feedback was that they really like the section about unauthorized vendors, because they did feel like that presented some issues along the parade route there. So, in addition to that, if Council is amenable to these changes, we are also looking to update the fee schedule associated with these permits to get them more in line with what they actually are. We would like to move ahead first with -- with the code updates -- or I should say move those along, because the -- the fee schedule would have to go through a public hearing process. As I said ACHD -- their fee -- or their permit went into effect October 1st, so we are trying to make sure that we are staying in the line with them, so that there isn't any confusion with applicants that may come to us first. We want to -- we want to be good partners and make sure that we offer the ability and opportunity for applicants to have successful events and not be turn ed away, Meridian City Council Workshop October 10, 2017 Page 32 of 67 because they didn't meet one deadline and they met the other deadline at a different agency. So, with that I will stand for any questions. De Weerd: Okay. Council, questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and C.Jay, under number four what happens when a snow cone shack owner comes to you and says, hey, my shack is in place, I'd like my permit, but it's been there since last season? Coles: Madam Mayor, Members of the Council, Council Member Palmer. So, if I understand the question correctly, if the snow cone shack vendor comes to us and says my snow cone shack is in place, it has been in place year around, and I need -- I'm just coming to re-up my permit, essentially? Palmer: Right. Coles: Then we will permit them for the time allotted under the code. So, if it moved forward it's the 120 days. But inform them that at the end of those 120 days that the snow cone shack needs to be removed. It should have been that way anyway, but informing them that that is what the law reads. The snow cone shack needs to be removed. We do inform applicants of that anyway as they -- when they come in, but that's what we would inform them. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: What's the enforcement if they don't remove it? What -- I didn't know they were supposed to be moved. I don't own one, but I see them around. Coles: Code enforcement. Code enforcement officers go in and speak with the individual and, if necessary, write citations. Palmer: Madam Mayor? The reason I -- I ask is -- I don't know that it's -- I don't know. Maybe I'm alone, but I don't have a problem with them staying. I don't -- maybe it is a problem with other less -- I don't know. More unsightly structures. Just seems like a bit much for government. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop October 10, 2017 Page 33 of 67 Bird: Bill, stop me if I get off base here, but I believe the actual buildings of these snow cone shacks and stuff -- and I'm like Councilman Palmer, I know two or three of them that they are open from Memorial Day to Labor Day, but the building stays there, but they are on private property. They are not on the right of way or anything like that, they are -- they are on a piece of private property owned by that deal. So, what we are actually -- temporary sales is just a business, isn't it, it isn't the facility? Nary: Mr. Bird, Members of the Council -- or Madam Mayor. So, you're right in the sense they are, but the -- but I think the use is tied to the building and is not -- normally wouldn't be allowed there but for that temporary use. So, that's where I think the nexus is why the building is not supposed to be there, because without that permit it wouldn't be allowed to just construct a building out on the -- in the driveway or in the parking lot. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. C.Jay. So, in this case like -- and maybe, Bill, maybe this is better addressed to you. So, the case of the snow cone shack that used to be by the pool, it was my understanding to eventually bring something like that back it wouldn't be able to happen under the current code or the new code? Is that -- am I understanding that correctly? C.Jay: Madam Mayor, Members of the Council, Council Member Little Roberts, it can -- it can come back the following year. It's -- it can't just -- it doesn't just go away and, then, it comes back the next weekend under a different permit. It is a -- it is a calendar year. But it can come back the following year and, then, the following year. But, again, the 120 days -- or currently the 90 days, proposing to the 120 days, does allow for that, but it is a January 1 to December 31. Little Roberts: Madam Mayor, follow up? The ones that they had before the remodel of the pool was a permanent one and just opened and closed and it was my understanding originally talking to the people at the pool, they were hoping something like that would come back and I know this past summer we had a temporary one there , which was awesome, since it was a YEA kid, but -- so, will there not be opportunities to build a permanent structure to do things like that? C.Jay: Mr. President, Members of the Council, Council Member Little Roberts, I am unfamiliar with the specific snow cone shack at the pool. Certainly I -- I would imagine there would be an opportunity to build a permanent structure. However, we do run into to some UDC issues. So, if that structure is tied to the -- the use of the pool and it's a -- a retail use that the -- the planning staff and the UDC can figure out how to make that a part of that operation, then, that's certainly something that can be explored. If it's a completely separate use, then, yes, it would be -- fall into the temporary use permit, but if -- if it can find its way into a certificate of zoning compliance in connection with the pool, then, a permanent structure could be -- could be built. What we are looking at here is Meridian City Council Workshop October 10, 2017 Page 34 of 67 literally temporary structures that -- with a temporary use permit we are able to bypass for the specific -- specified period of time, certificate of zoning compliance is in the UDC. Without a temporary use permit, then, you fall under the UDC and the certificate of zoning compliances and all the other planning requirements that the city instills. So, that's where -- that's where the temperature use comes in is we can say, no, you don't need -- you're not required to do everything that a certificate of compliance applicant would or that the UDC requires, we can -- for 120 days we can bypass some of those requirements. But if it's a permanent structure, then, yeah, you're looking to go certificate of zoning compliance and UDC standards. Little Roberts: Thank you. Bird: Any other questions, Council? Emily, you got anything to enlighten us or -- Kane: Thank you. I will take that opportunity. Members of Council, the -- just to add something to this part of the discussion, the issue we are running is snow cone shacks are one thing and there are kind of permanent concessionaires and that's -- as C.Jay mentioned, that's -- typically in that situation part of the permanent use of that property. What we are running into is these typically -- more typically temporary sales, like lawn ornaments or rugs or blankets or things that set up kind of a sales area and , then, stay there all year -- typically they stop in the winter, but for months and months and months or kind of just set up an outdoor store, essentially, and there -- the way the code reads now if they are closed for business they can leave the store there and so it's, essentially, a -- competing with bricks and mortar stores, without the store. So, it looks like a garage sale, but it's there all year. So, that's the more typical problem that we are trying to address with this to make it clear that if you're -- if you're there a day, but, then, kind of deal with the seasonal aspect by making it a longer period of time that you could be there. So, that -- that is something that's been requested by snow cone shacks, because they - - they do want to be open from Memorial Day to Labor Day and not have to haul away their shack to accommodate that 90 day period, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, I feel like by -- by going this route that we are saying your -- your permanent business is only welcome if you have a permanent structure or could somebody get 120 day permits over and over, while not being open, just to be able to leave their things in one place? Kane: Madam Mayor, Council Member Palmer, the -- the intention is that that would be 120 days in a calendar year in a year. So, you're done after that 120 days. And you can come back next year. But, the intention of the code is to accommodate temporary uses without also kind of taking away from our bricks and mortar businesses that have made those investments and, you know, having -- have a building and a lease and just the accouterments of a business. So, there are some uses that are suited for a temporary Meridian City Council Workshop October 10, 2017 Page 35 of 67 outdoor use, like -- like the snow cone shack or the lawn ornament sale. But the idea of the code -- or the intention of the code originally was to make it so that we -- we have both. Palmer: Madam Mayor? By what mechanism is the hot dog place over on Main operating? Kane: They are special. I would defer to Bill on -- on that. Nary: Madam Mayor, Members of the Council, so the Chicago Dog stand that you're talking about next to that, that is an accessory use of the business that's there. So, the Rite-Aid business actually is the applicant for that business to be there . So, it's -- it's treated differently as a temporary, because it's actually, essentially, considered to be accessory or use of an existing business. We used to have the same when -- I think it was Home Depot used to have a trailer placed there, too, and it was an accessory use of the business itself. So, we treat those differently than those, because, like C.Jay said, you talk about a lot of those -- those snow cone shacks, those are not usually as problematic, but they are -- they are held to a different standard than a permanent building on the site, because you're looking at the UDC requirements and whether or not they are allowed in that zone and those types of things . We just -- here we will allow them for those limited periods of time, so that we can -- you know, like Emily said, have business that kind of fit that model, but we don't want it to necessarily be sitting there the rest of the year as this old building or this old trailer that isn't being used in just unsightly on the properties. Palmer: Madam Mayor? And under that would a snow cone shack be able to work out a deal with the business owner which they have their place in their parking lot, to go that route, as opposed to a temporary use? Nary: If it was -- Madam Mayor, Members of the Council, Council Member Palmer, I mean it would have to fit the same model. I mean it has to be, essentially, an accessory use of that business. That's why the -- for example, the Chicago Dog used to be out in the parking lot adjacent to the street and we got exactly those complaints from existing businesses that didn't want this stand across the street from them, when they had paid to upgrade their business there on Main Street. But that's why it moved back, because then, it, basically, became part of the -- the footprint of that business that's there. So, if the Rite-Aid goes away that would be a problem, but as long as the Rite-Aid is there and it's part of their business that they are requesting to do that, that's why it falls under our code. So, a snow cone shack could do that if a business wanted to -- to make that part of their business, they could certainly ask for it the same way. Palmer: Thanks. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop October 10, 2017 Page 36 of 67 Bird: You know, this is touchy, because a couple three of these snow -- snow cone shacks -- I know that families have of -- help get a few kids through college. It's a way they get through and -- and I don't -- I don't see where they are really competing head to head because they have got -- I guess they still have the Flushies or whatever you call them. De Weerd: Slushies. Bird: They -- I have outgrown some of that stuff finally. But, anyway, I -- I hate to -- I hate to put such a burden on a -- on a business like this that is very popular and is very -- I mean I don't think we have ever had any problems around any of these snow shacks or anything. I have got to think a couple of minutes on this before I would -- I could go for this kind of a writing in the ordinance myself. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: While Mr. Bird's pondering, I think whether it's snow cone shacks or hot tubs or rugs or lawn gnomes or whatever it may be, I have a hard time telling a -- a property owner who has found a way to monetize their parking lot or their empty lots , tell them you're only going to be able to monetize that for 120 days per year. Even if it's across the street from a brick and mortar store of the same thing. I mean we live in a free market society for a reason and it -- I don't see it as -- as a problem. Maybe an inconvenience for competition, but that's a great thing. I love all of this, especially the extension, short of -- of that limitation and that enforcement of it has to be moved afterwards. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for C.Jay or Emily or both. I appreciate what you're bringing to us. Could you just tell -- maybe articulate to us what -- what the large issue is that we are trying to solve by doing this? Is it that we want to limit the amount of these -- I don't want to degrade the industry, but swap meet style businesses? I don't -- I don't hear anything -- you talking about snow cone stands, even though it sounds like that if they leave their buildings they are -- they are in violation. But maybe walk me through what -- what's the problem that we are trying to solve with this? Coles: Madam Mayor, Members of the Council, Council Member Cavener, I think the largest issue -- this particular part of the code that we are trying to solve is the -- as Emily pointed out, the -- the conflict we have with the UDC. So, the UDC governs land use within the city and when you build any sort of store -- a retail store, a restaurant, any sort of service or good that you're providing in the city, you have to go through the planning department and you have to fall under whatever the UDC prescribes for your particular use you're putting on that property. With temporary use applications we are able to Meridian City Council Workshop October 10, 2017 Page 37 of 67 bypass the requirements of the UDC for whatever, again, the good or service is, rugs, lawn ornaments, hot tubs, snow cones -- whatever the service is or good that's being provided and we are able to say the UDC for this amount of time -- or up to this amount of time, doesn't apply, in essence. You don't need to conform to or -- or you don't get to come up to the standards that the city has -- has prescribed. So, if -- if -- at this point the clarification within the code isn't provided to say that your stand s can stay there for -- year round. You don't have to put in any of the landscaping. You don't have to put in the parking. You don't have to do anything that the UDC prescribes for that particular location. So, some of the feedback that we have received is -- I have to go through and do these things and come up to the standard that is the City of Meridian if I'm a brick and mortar, but if I'm not a brick and mortar I can just get a TUP and, hey, I'm there year around. So, that's -- we are trying to solve some of the conflict that we see between the UDC and the temporary use permit and make them talk to each other a little bit better. Cavener: Madam Mayor? Just an additional question then. Where do -- where do food trucks fall into this conversation? Coles: Madam Mayor, Members of the Council, Councilman Cavener. So, food trucks - - we don't have a provision specifically for food trucks. They are mobile sales units specifically. That's where we would -- we would put them within. Also would they fall within promotional sales? I'm not sure. Kane: They could also be a temporary sales unit if they park for more than two hours. So, they would be subject to either or both. Many of those vendors do get both, so that they can both rove around and stop where ever they can over the lunch hour, but, then, also park for a longer amount of time. Coles: So, they continue on that. We don't have a specific provision that is food truck specific, such as other communities -- some of them do. We don't. I know of one food truck within the city that was put in place prior to that going into effect and t hey are kind of grandfathered into their location where they are located. If they were to cease that use in that allocation they wouldn't be able to -- actually, we spoke of one and they could open an additional and if they -- yeah, if they cease that use and moved on and they wouldn't be able to re-establish, according to what -- to the current. Cavener: Uh-huh. Thank you. De Weerd: Okay. Any other questions? I'm not sure if we have any clearer direction. Coles: Madam Mayor, Members of the Council, we are looking to -- like I said, come back with these draft changes being codified and I did briefly mention also the -- the fee structure that we are looking to adopt, which is included in your memo. None of those fees are higher than what we currently charge . We had to do a re-analysis based on including large scale and taking out the citizen's use permit and do a re-analysis to make sure that our -- our fees made sense where they were located based on staff time and the department that review each application that comes in and what they are looking for Meridian City Council Workshop October 10, 2017 Page 38 of 67 and how long they take. So, again, we came back with those fees as currently presented that would -- we are hoping would be two weeks, three weeks from now. But the code updates we would like to make sooner than that, again, to get us in line -- mainly get our timelines in line with ACHD on permit application submittals. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: C.Jay, one more question. On these -- and I'm particularly talking about the snow cone shacks. They have got electric in it and they got -- I think water to it. Are they inspected? I mean we surely inspect them for safety and stuff like that. Coles: Madam Mayor, Members of the Council, Council Member Bird, I know that the building does look at those permits. Whether or not they go out and inspect based -- as a condition of approval on those permits I -- I can't say yes or no either way. But I know that they are included in the application review process if they feel an inspection is necessary on that particular one they might include that, but they are included in the review of the application. Bird: Follow up, Mayor. Mark, does Kenny or Joe or anybody look at them once in a while? Niemeyer: Councilman Bird, I think to answer your question -- to answer your question, I think it depends on the use. So, if -- certainly if there is cooking equipment in those we would absolutely go out and inspect. If it's more of a shed-type environment, we typically don't inspect those. I can certainly follow up with -- with Joe to get that answer. But my -- my history tells us we don't typically go out and inspect those. Bird: If it's got electric or something in there you could -- and to run the machines they certainly have that in there. We will find it's probably a box -- panel box. I know you got to go forward with this, but -- I don't know. I have got -- I got to see what it goes back in the form that I -- I just don't want to hurt those -- I mean I -- like I said, I know too many families that have helped get their kids through college because of those snow shacks. De Weerd: But this -- this is helping them. It's -- it's not restricting them. This is allowing a -- Bird: Except they have to move them. De Weerd: Well, they already do. Bird: No, they don't. Meridian City Council Workshop October 10, 2017 Page 39 of 67 De Weerd: They already do. They just -- it's just, apparently not all enforced. A couple phone calls and says so and so hasn't move it -- code enforcement doesn't go out and look for those things. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Any chance of -- and I don't know the complexities of doing this -- of splitting it as two different conversations. One as the 120 days and all the other provisions, except for the -- the enforcement -- the requirement that they be moved annually and, then, have that conversation and decide whether we want to enforce that or require it or put it in there. De Weerd: Well -- and what that -- leaving it permanently known by permit, what that does in changing -- in zoning, parking requirements, landscaping requirements -- if it triggers square footage type of issues per the building code and those kind of things, because those -- that is why it's required to move, is because, otherwise, those things are triggered. Mr. Cavener. Cavener: Madam Mayor, I actually had a question for Mr. Siddoway, since he's in the audience. I know that we have a couple of snow shacks that are tenants in our parks. I assume we require them to remove their facility at the end of the season if we are in compliance. Siddoway: Yes, we do. If we get into too many specifics I may have to get Colin Moss down here, who manages these contracts, but we have multiple snow cone contracts with like Tully Park, I think Bear Creek. We have had one in Centennial. We have been looking for someone to come in the Storey Park to replace the one that used to be on the ward with the swimming pool. They do remove those facilities and come back in spring. Cavener: Great. Thanks, Steve. De Weerd: Okay. Staff -- oh, Mr. Borton. Borton: Madam Mayor? If any direction, at least in my mind I think what you guys have done is fantastic. The subject isn't whether or not we should allow temporary uses , as I see it in the city. I mean that's just a sales and we have got a structure that we have been doing for years that -- that allows for it and what you're doing here without increasing fees, you're trying to expand the -- the opportunity for the season to be served by the business -- all of that makes sense and it doesn't add a new obligation to remove property, it probably tries to make it a little more clear what their obligations are and it has some enforcement mechanism for the city to have people comply and do it -- do with their property as they were agreeing to do in exchange for receiving a permit in the first place. So, it seems to make sense going forward -- or to bring it forward. I'm supportive of it. Dialogue of whether or not we should regulate gnome sellers or rug sellers in parking lots Meridian City Council Workshop October 10, 2017 Page 40 of 67 -- that's a totally different conversation. That's a -- should we have a concept such as a temporary use in the first place, which isn't really what we are doing here. So, I see the -- we have described the UDC and the existing objective consistent rules of the road, for better for worse than, operating a business in Meridian we all play by these rules. And the city at some point said, well, let's try and help out and provide to our citizens these additional opportunities to have goods and services that might be seasonal , for a rug or a snow cone or something that wouldn't otherwise be able to invest in the city to provide what would be a year round experience for seasonal activity . So, this is a solution to a problem to provide -- and that's what these temporary users are trying to do is to provide an additional opportunity for goods and services that wouldn't otherwise be available or be provided, even if it's a snow cone or a gnome -- can't have a gnome or a snow cone business perhaps 12 months a year. That's the whole genesis of these temporary use permits and it's been that way for a while. So, this improves that existing permissive opportunity for vendors. So, I think it should come forward. I think you guys have done a great job and great outreach, too, and trying to get input from others and the pros and cons. The -- the discussion of do we regulate people in parking lots I think is interesting for sure, but I think that's a different one. I think you can go forward with these changes, these improvements to the existing process, and still have that discussion. De Weerd: Okay. Just bring it back. E. Fire Department: Joint Powers Agreement (JPA) Update Coles: Thank you very much. Very good. Thank you. Okay. Item 7-E is under our Fire Department and with an update on two JPAs -- or one JPA and one -- Niemeyer: One JPA. De Weerd: Yeah. Niemeyer: Madam Mayor, Members of the Council, good evening. I am here to update you on what is known as the Treasure Valley Fire Service Joint Powers Agreement. As you recall months back we signed onto that agreement and, then, we had a hiccup in the process where Nampa did not and so through conversations with all of you, you asked us to go back to the drawing board and look at mo re of a memoranda of understanding. I think Councilman Bird suggested that. That is less binding, less intrusive, less language of authority, all that kind of good stuff. Emily Kane has been kind enough to draft that up. That's in the hands of the fire chiefs currently being reviewed. I anticipate that review to be about 30 to 45 days. Just going back to what happened, then, versus where we are at now -- and I think, Councilman Borton, you asked this question when we did this originally is what about Kuna and Eagle and those are two specifics that you brought up. So, things have changed in this valley since the time that we talked about the joint powers agreement. One is, as you know, Kuna has a new fire chief. He spent one meeting with his commissioners and said here is what's going on, we would like to participate and they said absolutely. And, then, in Eagle they have a new fire chief, his name is Rusty Coffelt, he came from the Anaheim area. He is very much interested in what we are trying to do, Meridian City Council Workshop October 10, 2017 Page 41 of 67 simply to cooperate and work together. That was kind of the norm in the Anaheim area and it's the norm in California. So, he is very much interested and engaged in what we are trying to do. Really, the question boils down to why do we do an agreement in the first place. We are talking about fire chiefs getting together to cooperate, do our training together, figure out operational plans together. We don't necessarily need that agreement. We do need an agreement -- and it can be done in the form of an -- of an MOU, a memorandum of understanding, if we want to do such things as any kind of joint bulk purchasing, such as firehose, those four agencies have fire hoses that need to be bought in the same year and we want to, at a minimum, maintain cost to contain it and at best find savings in cost by doing bulk purchasing, we need to have some agreement in place, so that when I hand that off to Finance they say where is your agreement, I can show them the agreement. The auditors really like when there is an agreement in place like that. The other big area that it is very important to have an agreement is when it comes to mutual aid and automatic aid. We have in Idaho what's called the ISRB, otherwise known as ISO in other states. ISO comes in and does an evaluation of our -- of our water department, our water system and of our fire department. They give an overall rating or score to our fire department and that, in turn, then, goes out to the insurance companies, who use that to figure out insurance rates for either homeowners or commercial business. So, those are the two areas, as far as an agreement goes, where it is important. If it -- again, if it were simply let's get together and train we wouldn't need an agreement to do that. So, that's where we are at as far as the memorandum of understanding. I have looked extensively through the document that Emily created. I think it meets our intent, it meets your intent as far as the language contained within that. As far as the current joint powers agreement, I think you have two options. You can ask the Mayor to send a letter, that's in the agreement today, 30 days notice to rescind that, or you can leave it in place, so there is no financial obligation to it right now, there is no other obligation you have. So, really, it's a choice on Council and what you would like to do with that current joint powers agreement. I have no preference either way. We can rescind it, knowing we will work on the other and we will bring it back to you as the MOU for your consideration. Just real quick before we -- we get to the end here. I want to update you on a couple of things we are doing together that I think are worth mentioning and very important. One is the joint recruit academy that's going on. We are eight weeks into that. We have five agencies participating in that and sharing in the cost of that joint recruit academy. Nampa, Caldwell, Eagle, Kuna and us. All of the staff that we hired to go into that academy are still in that academy. So, eight weeks in and we still have all eight in, which is a good thing for us in the fire department and, then, we also have a fourteen week officer development program that we put on. This is mandatory for any future company officer or captain. The organization as they go to promote it's fourteen weeks of education, not only in command and control, but in other firehouse issues, like human resources, conflict management, and some of those issues that -- that we know our supervisors are going to face. We have eight agencies participating in that, including Boise. And, then, we also just during the final stages of the RFQ process for station architects, we had seven agencies involved in that RFQ process, the seven that we discussed earlier as far as Nampa, Caldwell, Eagle, Kuna, Star and Middleton. We are in the final stages of that, working with Keith Watts to select the -- up to three qualified Meridian City Council Workshop October 10, 2017 Page 42 of 67 architects for future fire station design. So, some success stories there as far as working with others and with that I will take any questions on the JPA or anything else. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Chief, when we see the MOU come back who will be the -- what entities will be signing it? Niemeyer: We will be last, I can tell you that. But the agencies at the chief level that have committed -- and they have been in communication with their -- with their boards and their councils -- Nampa, Caldwell, Eagle, Kuna, Star, Middleton and us. So, seven agencies. We will be last. De Weerd: Other questions? Mr. Cavener. Cavener: Chief, do you anticipate any substantive changes being made to the current version that the chiefs are reviewing? Niemeyer: I don't anticipate that. I think it's really well written. It got rid of all the board language, authoritative language, voting language. Basically a financial clause that allows us to work together on joint purchasing, but it -- it does not bind boards or councils to anything. Cavener: Madam Mayor, follow up? De Weerd: Uh-huh. Cavener: Chief, can we get a copy of that? Niemeyer: Absolutely. Cavener: Send it to us -- I guess seeing it sooner rather than later. Sometimes those documents are meaty and often require more than three or four days to be able to dive into. Niemeyer: Yeah. I can tell you it's a lot less pages than it was before. Cavener: That is also good. De Weerd: Chief, I just -- I hope that you would also give any kind of an update. We signed the EMS JPA a couple weeks ago and would like any kind of an update you can provide on that. Meridian City Council Workshop October 10, 2017 Page 43 of 67 Niemeyer: Yeah. I think, really, the message -- and I know Chief Lavey is here and we had an interesting conversation this morning. The message I continue to send on the EMS joint powers agreement -- for those of you that were here eight, nine, ten years ago when EMS was controversial and agencies were tied up in lawsuits and all of that good stuff, because we weren't working together, the biggest thing it has done is brought us together, it forces us together on a monthly basis, we work together, we have standardized protocols, we have standardized our medical direction, which we had not -- we had inconsistent medical direction, but through that also the relationships that have been built and how we are moving forward now in problem solving and solution oriented approaches and I bring that up, because we had the other day a fairly complex call that involved law enforcement, fire, police, we had a little hiccup in that and it was as simple as one person making a phone call to the other, meeting face to face, and we got it resolved. That would not have happened ten years ago. So, those are the positives moving forward. The other big pluses -- you may have seen the commercial that came out on Pulse Point. Pulse Point is an app that has been pushed out by our EMS system and is being promoted by our EMS system. So, if you saw the commercial you had all of the fire chiefs and the EMS chief standing side by side, shoulder to shoulder, talking about saving people's lives through community CPR. So, there is those things that are continuing to evolve today. How we distribute the CPR -- I always called them a thumper, but that's my gray hair coming out, because that's what we called them 20 years ago, but in our EMS system we have now distributed those out across the county, so that we have those things -- those items available in a cardiac arrest more readily and easily. That's the level of cooperation that continues to occur today. So, anything else I can answer on that I would be happy to. F. Citywide Strategic Plan Update De Weerd: Okay. Looks like nothing further. Okay. Very good. Thank you. Okay. Item 7-F is the citywide strategic plan update. I will move to the podium. Thank you. Okay. So, I am back with a bi-annual update on the strategic plan and so tonight, this afternoon, whatever it is, I'm going to go over these six different areas. We have a dashboard to share with you, a close-out report on those items that had been completed at a hundred percent. Discuss the high priority objectives and some of the activities that are currently underway in those and, then, I did want to bring back the objective discussions that you had in June and to give a brief overview of that and have a specific objective that we would like to pose to you, get some feedback and, then, go to next steps. So, these are an overview dashboard, just a snapshot of where we are at with our 64 total objectives. The pie chart gives you that update and where things are in the process of this five year strategic plan and the objectives that are related to that. On the -- the gauges on the side, the first one shows you six out of the 64 objectives have been completed and the bottom one, the 22 percent tactic completion and we are going to be adding this to the quarterly dashboards that you get, so you have that on a quarterly basis. So, these are the different objectives that were one hundred percent complete when we discussed it in June and I will go through each of these briefly as -- and highlight a couple of the different areas. So, in 1.A.2, this area was -- was agreed upon and is currently an urban -- the first Meridian City Council Workshop October 10, 2017 Page 44 of 67 economic urban renewal district in the state specifically for ED and while that is a hundred percent complete, I do think it's important that biannually we bring back an update as to what's going on in those urban renewal district areas. It was anticipated that the MDC would be here and give an annual update, but I think that this is an integral part of our strategic plan and certainly set in place by the City Council, so we want to make sure that you have those updates in a timely fashion. So, the area was confirmed to be somewhat of that economic development headquartered area. Already two headquarters are locating out there, Ameriban is 75,000 square feet. It's an investment of 7.2 million dollars and they have their 605 employees out there. By the end of the year they will be growing to 700 and growing over a hundred employees for the next several years each year. Brighton is bringing a 63,000 square foot four story building and part of that will be Paylocity, which is expected to grow to 500 jobs over time. So, this performance measurement has been completed. But, again, we want to bring this back for biannual updates. Palmer: Madam Mayor? De Weerd: Yes. Palmer: A five story building. De Weerd: A five story building. Palmer: For Paylocity. De Weerd: Okay. Okay. I guess I better update that. I didn't count the floors. That was the last I heard as part of the report. So, Objective 2.A.2, this was as related to economic development and I'm -- I'm just going to do the whole thing instead of having people get up and get down and if you have any questions certainly we can have one of our directors give you more meat to the discussion, but this completed objective is also -- in my opinion, needs to be ongoing and bringing back information to you as we continue to develop better tools and business attraction. So, one of those activities they completed was the steering committee and one of our council members was intricately involved in this, Mrs. Little Roberts, in developing the steering committee. It had a number of chamber representatives from the private sector, as well as public sector with the City, CW I, and MDC, as well as other community partners and this was basically utilized for two different things and probably the most time consuming was the downtown multi -use center and the RFI that went out as -- as it related to that. It was also used in the Project Clipper site visit in developing an approach to how we could best attract Project Clipper and that was a great exercise in bringing the various partners together and what we could do collectively and in collaboration to attract an employer to the area . The second area was -- instituted monthly meetings. Brenda meets monthly with brokers. This is to strengthen our relationships and what is available in our community and as she visited -- visits with these brokers, the partnership and the greater awareness of what is available and how she can get participation by these brokers when we do have a company looking. It gives more rapid response and it allows for equal partners to the table. The third area Meridian City Council Workshop October 10, 2017 Page 45 of 67 is really utilizing our businesses that are here today through site visits t hat better understand the contacts that these larger employers have in the community and outside the community of who might be looking to relocate that meets our clusters, like the health, science and technology corridor or in our core competencies and pro fessional services and headquarters and so those relationships are nurtured by both my office and economic development and so in that realm it's an ongoing effort. And Objective 3.E.1, these were headed up by our legal team and while the code was updated in 2013, while we were doing a clean up to add the additional council seats , we also took out some pretty antiquated language that was -- was associated with it, but this is in some regard ongoing. We did -- it's really focused on onboarding, whether it's onboarding for City Council, for our commissions and the next focus is really on onboarding for our directors. As we get new directors in having that orientation -- I do know that Bill will be reaching out to you to get feedback on what was helpful as you came on board in your training and what we can incorporate into that as we look for a new city council member. And Objective 5.A.3. This was updated to our -- by Todd in August. He brought a report to you on different types and tools for financing facilities and he outlined the information . We figured that that closed out that objective. Objective 5.B.2. You heard about this objective in several different conversations. We certainly rolled it out in 2015 with a one day event and now it's had two successful seasons. We feel that the performance goal has been met, but this is an ongoing event that we will bring back annual updates to how it went . We just had a debrief meeting just last week and just a couple of highlights to bring to you as they are looking at renaming it, that it would just be the Meridian Farmers Market. It will still have an emphasis on youth in terms of the canopies and the tables will be dedicated to those kids, it will be set up for them and we will have that focus on youth, but one thing that our organizer did hear is those adult vendors give the consistency of product that our repeat customers come back for and that's almost a necessity. We are also looking at meeting with some of the downtown -- we have met with the Downtown Business Association and some of the businesses in downtown that have an interest in maybe relocating it and so that it's more visible and they can build additional energy on it as it gets closer to some core businesses. So, we will bring back more information as -- as that gets further flushed out. So, Objective 5.C.1 also one hundred percent complete. This came out of the clerk's office where they maintain a list of events, donors and future funding partners. Additionally, they have done research in identifying different funding mechanisms that can help support the arts, their programs, and their events and that's maintained in the clerk's office with Hillary. So, the third area is to focus on some of those high priority objectives that were listed. There is fourteen of the 64. There are no specific variances that are unexpected and -- but I will highlight some of the activities or in some cases what some of the next steps are underway. So, in 1.A.1, this has been pretty active in working with the MDC and continuing to create a sense of energy and activities in our downtown. You are all familiar with the placemaking activities along Idaho Avenue. That is a completed objective. They have been working with the Downtown Business Association on roadway priorities and getting additional feedback on that and that is an ongoing and not completed tactic. The city survey asked some questions about our downtown that we are utilizing that information in first working with listening tours and getting additional feedback from our citizens to maybe vet out some additional information on what the answers really meant and next we did some -- three different meetings with Meridian City Council Workshop October 10, 2017 Page 46 of 67 the downtown business owners in the core from Fairview to Franklin to really bring them together to find out what their hopes and vision is for the area and to discuss our findings in our city survey and some of the conversation was really interesting and the Downtown Business Association has taken that and has created a food and beverage committee for the downtown to better communicate their events and activities and how they can cross - advertise what's going on. April in my office has been working every week with Holly at the Meridian Press in getting in weekly activities that the businesses contact her with. She's kind of that center point and she moves them on to Holly. The Meridian Press has been very helpful in focusing on highlighting what's going on in our downtown and helping us get the word out. So, the one thing is really to work on policies that encourage redevelopment that -- that fits with the vision. So, our Planning Department does work with applicants as they come into City Hall and discuss the downtown destination, downtown vision and work with them on -- in making sure they understand what the vision was and if there was a role that they can play in achieving it. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Madam Mayor, before you move on, can you touch on a little bit more about tactic number three. De Weerd: Okay. The tactics -- I'm not going into the tactics. I'm just giving you an overview on what the activities have been. What we envision is the tactics are fluid and ever changing and at this point I want to show and highlight any obstacles that we are finding, what activities are going on to move that objective forward , and we will save the -- the tactic discussions and any changes to objectives for the annual review. Cavener: Would you just be able to share any efforts that have events and organizations hold activities in downtown? De Weerd: I'm sorry. What? Cavener: I just was curious, then, if you could provide us an update about organizations or individuals that are planning to hold events in downtown or Generations Plaza. De Weerd: I -- I'm just giving you some bullets, not an exhaustive list of what's going on and I can't -- yeah, I can't answer anything specific other than what I've shared. I can say in the events and activities, like I covered in the Meridian Farmers Market, they do want to move it closer into the core to where our businesses are, rather than at City Hall that seems a little more isolated and maybe some barriers to being closer to where those businesses are and where they can create some energy and they are moving the trunker treat activity or event into the downtown. We were really constrained with -- with some of the space. We are expanding down Idaho and Main Street -- not Main Street, but 2nd Street and I think our -- we will have four different entries into it. We will have a stage. They have food trucks and so they are really trying to build on that event to make it bigger, Meridian City Council Workshop October 10, 2017 Page 47 of 67 better and -- better engage our downtown businesses. And so maybe that's the events I can highlight. Cavener: Perfect. De Weerd: Okay? So, 1.B.1 is something that you will be hearing more about. You did get an update from Community Development. This is really tied to the Comprehensive Plan update. I do think that noteworthy is the efforts that you just heard from our Public Works Department and what we are doing in capacity expansion to -- to respond to growth pressures in both of the wastewater treatment plant and in well development as well and probably key to the growth goal piece to this is the master planning that's going on in both of those areas. Also in response to those growth goals and the growth priority for south Meridian, moving forward and -- and performing on the infrastructure commitments that were made and that we are a little bit behind schedule because of obstacles that were unforeseen in working with easements and agreements with those that we needed to run our facilities through. But, again, that completion date is November of 2019. We think with the comprehensive planning efforts and those kind of things definitely we will meet that completion goal. Objective 1.C.1 is looking at our established area of impact boundaries. We have real firm boundaries both east and west and for the most part in the north. We have had a couple of businesses talking to us and before we would go any further that would be a discussion with the city of Eagle, but we do need to amend our area of impact. When we were unsuccessful in our legislation regarding state code changes that are needed, we got our teams together in Public Works, Community Development and my office to work with the citizens in south Meridian, which is -- which resulted in that large annexation route to protect our ability to provide infrastructure down in that area. We have been meeting with the city of Kuna on -- and had discussions with that same team with their equals in Kuna and once we have something -- and maybe it will have to come to Council for further discussion, but we hope to firm those up. We do need to get an updated plan to the county and so that is an ongoing effort. The completion date for that is -- is targeted for September of 2018. Objective 2.A.1. This is identifying tools and I think you have seen some of that. We appreciate your support of the community matching fund for tax reimbursement incentive projects that -- like that was utilized for the Idaho College of Osteopathic Medicine. We have established the special economic development urban renewal district that is a great tool in the tool kit and Brenda has been implementing and working with the outside for access to Meridian's properties that we can work with investors and developers o n, as she is in the midst of developing and completing her inventory of different incentive programs and other areas that attract certain industries and that will be coming back to Council. The completion date is still on target for December of 2018. Objective 2.A.3, promote job growth and -- and industry clusters. Certainly that her work with the utilization of op sites, Gem State Prospector and the database that she's been collecting has been helpful as she gets referrals . She has, through a grant in partnership again with -- with Anne, developed some great contacts in the health, science, and med-tech areas and important lessons were really learned through those exercises, but that's a growing database that she hopes to better employ as we open up our College of Medicine and we get a new community development director in to formalize some of those important relationships. She also has been reaching Meridian City Council Workshop October 10, 2017 Page 48 of 67 out to medical technology companies to tap into their resources of companies and contacts that they know. She is in the midst of completing her video and marketing material and I think she highlighted that last month in her report to Council. Objective 3.2.A, improve citizen access to government. We will be going over that here shortly, so I'm going to skip this one. 3.B.1 is -- the plan that we found in our benefits is competitive. It's a continuous improvement that they are looking at to be competitive and look at the increasing challenge in the cost of medical and insurance. That is a large portion of our benefits. HR is exploring options so that the benefits meet the workers' needs, because we do understand a one size does not fit all when you have single , single with kids, single or married, married with families and also different age generations, beginning of career to ending of career. So, they constantly are monitoring that and looking at what our best practices and best ways to pay. The requirements for self-funding versus being fully insured by an outside company is looking for what that exp erience rating is against the tipping point for needing that change and so this is a stay -- stay tuned. They are working on it. Objective 3.B.3 is also underway. We appreciate the funding that we received for fiscal year 2018 and that represents the 15 percent that's completed. HR is focused on key positions that are hard to recruit for, that are those professional levels that if we don't remain competitive we -- we risk losing great employees and so they are identifying tools and skills needed and, then, they will work to create the necessary plans. They expect to start in the second quarter and complete this third quarter of fiscal year 2018 and the completion date in our plan has been for October of '18. So, 3.B.4 is -- is also just underway and that doesn't mean that a lot of efforts have not been going into this . Our city retention rate is 98.5 percent and -- but she has been -- beginning with researching key components of a formalized plan for the City of Meridian and one component is the city -- is the employee engagement survey and that has been funded , is -- she right now is working with the company that will be doing that next -- early next year and that will launch and be done early in third quarter. So, looking at what our baseline for city culture is so that you can start seeing what the movement is and putting a plan in place. Objective 3.B.5 is regarding the compensation plan and, again, this percentage complete, while her completion date is September of 2018, doesn't really show a lot of the efforts that have been going on in this area. I mentioned the -- the employee retention rates. It has moved from the low 90s to the high 90s, but that doesn't mean that this does not need specific look. We have already completed specific employee groups in Public Works, the police STEP plan, and we had some activity and analysis in parks. We completed a market review to ensure that the City of Meridian is competitive to the market in these high risk employee areas. We completed one third of the internal alignment , which is 67 job descriptions reviewed to ensure that it aligns with the market and been researching survey compensation tools that can be used as -- for resources -- resources. So, next steps include review those top performers and retention rates and compare it to overall city retention rates, compare neighboring municipality programs and industry trends, and we are just undergoing a comprehensive wage and benefits survey for our Fire Department and we will be working on the update of the police STEP plan. Both of those in this next fiscal year. Objective 3.C.1. This is a boring one, if the other ones haven't been boring enough. Sorry, chief. I had to throw that one in just to see if they were looking. We did analyze what it would take to develop our own local incident management team from certified. It would require five ICS classes, incident command system classes, Meridian City Council Workshop October 10, 2017 Page 49 of 67 and specific position training that is offered by FEMA. We have reached out and researched forming a valleywide team, which makes more sense and that would be in coordination with ACEM and so short of that we do have -- because we do have three city members on the Idaho incident management support team in a crisis situation we do have their resources for the first 48 hours and that will be a huge benefit to our city and our own stand-alone incident management team is, again, being looked at as to what the cost and what the time requirements would be if we had ours versus a valleywide. So, that's ongoing. I do want to reiterate what you've probably heard several times and that 's we deployed an IMT during Snowmaggedon and the positives we learned in that was city staff integrated well for the common good. Communication to the -- to the public was the best in the valley and we have heard this time and time again by other agencies and our own citizens. Our lessons learned is our city staff integrated well. Even some of those departments that traditionally don't train or talk on a regular basis, the integration of these teams was almost seamless and I give a lot of credit to our incident management team and Jaycee, Mark, and Scott Colaianni. So, it really was nicely put together and with the communication plan by Kaycee Emery. It was -- it was awesome. So, next steps. We are holding next month a city planning team meeting for Meridian, in particular in anticipation of another snow event in case there is one and the next step to that is -- is hoping to motivate that countywide conversation of what should the roles and responsibilities look like and who would be responsible for what and we hope that that meeting is called by ACEM. So, they have been invited to our meeting to hopefully spur the next step conversation by them. Objective 3.D.1. This is really our appreciation to you with a strategic performance analyst. Recruitment is underway. There has been phone interviews with applicants and I'm not sure if we will have someone on board before Jaycee leaves, but we do know that this position will be working with the department s to -- to really bring a lot more consistency and cohesiveness and working with them on their specific objections -- objectives -- and objections probably -- and flushing out what are the existing resources and what are future needs that they would need to bring back in conversation to City Council and that completion date is December of 2020. 8.E.4. And this is what really drove our strategic plan in getting a priority based budgeting approach and what it looked like. You have heard from the -- from various reports from both Jaycee and Todd on the research that was done over in Washington state on priorities in government and priority based budgeting approaches. You had a conversation with the Center for Priority Based Budgeting and after that we did follow up by interviewing different cities that use priority based budgeting to learn from them was it a useful tool and would they do it again, were they continuing to use it and all that information will be kind of loaded onto the position in Finance that they are adding on with the fiscal -- fiscal analyst and he will lead this -- he or she will lead this objective and they do hope to bring a pilot project in three departments, in Finance, the clerk, and IT and they will be bringing that recommendation back to Council and what they are proposing, what it would look like and how they would recommend piloting it and this objective completion date in September of 2020. 4.A.4 is all about safe community. And this is really about the whole objective in 4.A. So, this particular one, this is listed as high priority, but the two objectives that lead up to this are low and medium priorities. So, we are working to kind of realign these, so they make better sense in order, but they are looking at identifying the gaps in service and proposing needed improvements for threats and hazards , but there are very Meridian City Council Workshop October 10, 2017 Page 50 of 67 -- a lot of activities going on in furthering safety in Meridian. As you see when we get recognition from these national outlets, a lot of this is based on safe community. And so now I can see what staff gets to deal with is -- I can read body language, too. Do you guys want this update report? We are trying to make it informational and interesting. Cavener: Yes. De Weerd: Yes. Okay. Mr. Bird, is that a yes? Bird: Beg your pardon? Cavener: Madam Mayor? De Weerd: Yes. Cavener: If you could maybe just slow down a little bit. I think that I'm trying to keep up with everything that you're touching base on and also taking a look at the plan. De Weerd: Well, thank you, Mr. Cavener. I have never been asked to slow down . That is awesome. I sure will. On 4.A we really are focused on that -- all of the objectives under this -- this one area, but I do want to highlight some of the activities that are going on in further safety in Meridian. So, public safety in our neigh borhoods, they are looking at safe routes to school where our neighborhood surround a public school and those sidewalk s and in that Snowmaggedon area is identifying priority areas to keep snow removal as a first priority. That other area in neighborhoods is additional lighting and you heard a little bit about that from Public Works as that continues to be a focus and one of the reasons that Garrett had received recognition for his efforts. The Police, Fire, and Planning Department continue to huddle on evaluating each of our developments to the crime prevention through environmental design and our planning reviews. That is essential and probably even more so as we get these higher density development applications . Our transportation commission continues to examine individual citizen issues as they bring up safety concerns about traffic-related issues in their neighborhoods and parks continues to focus on that connectivity with pathways and planning and evaluating the sidewalk connectivity as we continue to grow and develop. So, we anticipate additional updates after some of these activities happen with the -- the safety profile in identifying the threats and hazards and, then, evaluating our tactics for priority actions and projects and you will see that at the annual update and what any of those recommended changes are going to be in those objectives as they stand today. So, the fourth area is really trying to -- to give a brief touch point on those things that were discussed at the June 27th meeting that aren't necessarily related to the high priority areas and , then, I will have Robert discuss the improving citizen access to government objective to walk you through that . So, the strategic goal of 4.B, again, that's one group together with several different objectives in that and that's establishing Meridian as a premier health community. We thought we would have the update from Kindra with Blue Cross Foundation on how a city interacts with that health profile and, unfortunately, she had some things come up, so you will have that on your agenda in two weeks. After that presentation we would like to use the Meridian City Council Workshop October 10, 2017 Page 51 of 67 discussion that Council has to -- to further vet what those objectives will look like. So, this is another one of those areas that the annual update you will probably see some -- some recommended changes that we will have a discussion with you and be seeking your feedback on. And 5.A.2 -- this initially was brought to you last June as to merge two objectives into one and Council gave us feedback. They would like to see it remain as two separate ones. So, I know that we were really focused on -- or parks was really focused on this being part of the south Meridian regional park and we wanted it broader than that, because that's something that needs to be focused on in looking at public sports facilities, complexes, and how we can create partnerships to make these happen as we have in the past with Meridian Youth Baseball or the PAL soccer fields and those kind of things. Being aware of the concept and development plans for south Meridian, it does have a sports complex with the software -- or softball aspect and that continues to be a high priority area for our programs. But we have integrated theming into park design and looking at activities, such as the acquisition of Home Court and the facility that that brings in line for this particular objective and, really, the next step is that public softball field in our south Meridian park. And objective 5.A.4, it's really adding and fostering personalities and identifying identities in our parks and combining the blending of arts, entertainment, and culture and you see that not just in the south Meridian park, but you start seeing that theming in the Hillsdale Park and the Reta Huskey Park with the floral designs, really capturing the essence of Reta Huskey and the Keith Bird Legacy Park with a wildlife and the multi-generational uses and in Heroes Park with our Heroes Trail. So, those activities are all underway. Objective 3.A.2, improve access to government. I am going to turn this over to Robert and he will walk you through just the process to get some feedback from you. Simison: Thank you, Madam Mayor, Council. So, I'm going to do my best to not -- I have gotten really passionate about this topic and so hopefully I don't get preachy on this topic from this standpoint and we can have a -- get my thoughts, but -- that's great. I know that the Mayor was able to at least give a primer to some of you over the last month or so on this topic and if she had time in the time she spent down with you, but this -- this objective is one that kind of came up and we -- and I know that there is an interest from Council. A lot of people did -- it really -- you know, we raised this up, it's really about, you know, how do we improve citizen access to government and I really want to focus on the objective summary here, that I think this to me -- the objective summary tells you what you're really hopefully trying to accomplish. I'm going to walk you through to where I got to and, then, have a conversation about some of the things that we could do to implement this and get your feedback on those concepts. So, if you look at the objective summaries -- to create greater engagement participation and, then, I want to highlight facilitates, assists in input and planning operations and decision making process of the city. You notice this doesn't say tell residents what you're going to do more. Yeah. That's not what this is about. This is -- if you -- if we are really focusing on what the objective for this one is, you're saying you want the citizens' input in the decisions that we are making as a city, you know, from that standpoint. So, with that -- this is something that I was able to do -- what we like to do in city government sometimes, I was able to kind of steal this from another community. This one just happened to be in the southern hemisphere in Australia, so I think that we are good on any copyright infringement from that standpoint. But this really to me is Meridian City Council Workshop October 10, 2017 Page 52 of 67 where I have got transformed when I was working on this specific strategic objective. When you look at the different ways in which government interacts with the community - - and what you don't see down here is the pre-work that was done kind of identifying all the different ways that we interact with the community under these areas . The reality is as a city we spend a lot of time on the left-hand side. We do a lot of informing of our community. We do a little less consulting, but we still do a fair amount. The further you move to the right the less we do as a city and I don't think that that's indicative of -- I think that's just in general -- yeah, I'm not saying that's just Meridian, I think that's government -- generally that's the way a lot of things operate is we tell people a lot about what we are going to do, on occasion we ask them, and I think the best ways -- you know, we talk really about public hearings from that standpoint -- are involved -- our collaboration and our empowering, given the citizens the -- if you really want to talk about the way to involve citizens, you give them the decision making power. Now, whether or not that -- you say that, well, a thousand people will give you their feedback or 50 will give you your feedback, well, you will turn that over to your citizens is a way that you can truly involve them and just to editorialize even more on this topic, I think as cities we often complain about the state legislature not giving us the empowerment ourselves to make decisions , whether it's local option tax or whether it's plastic bags in grocery stores or whatever the case may be, you know, as cities we don't like it when people don't give us the ability to make decisions. So, part of this comes back to us as a body do we feel that that is something that we feel confident in giving our citizens the ability to make some of the decisions that we may or may not want to make or think that they should or shouldn't . So, with that I just want to talk -- I'm going to work my way through those five levels with some actions that we could take in theory to improve our citizen access to government and , like I say, I'm looking for feedback on each of these to say is this something that you think is worth looking into or not from that standpoint and, then, we can go from there and I'm going to -- so, this is the -- the very easy part on the left-hand side, informing people. We do a good job with that I think as a city and when you look at the city survey results from this last time, we actually went up, you know, in this area and we hope to continue to improve it. We have already done the first action item, the NextDoor pilot project for public hearings and progress and we will get feedback on that at some point in time to you , but I think, again, that's informing, we don't even take comments on NextDoor. So, I think that shows we are just telling people what we are doing and, hopefully, gets them to the next stage where they do come and they participate . Item two, live streaming of city commissions. You know, we have the ability, especially with the technology upgrades, to very easily now start live streaming our city commissions, it would require a little bit of training to -- you know, from that standpoint, but we have clerks in the meetings, they can come in, they can start and it would just be a wide shot from that perspective, but we would record it and, then, could make it available to the community if ever needed. So, fairly low cost, easy to implement activity. The third one is implementing text cell phone based messaging system. I know we are already starting to experiment with this a little bit in the context of emergency services, you know, so you can try to, you know, create systems, but the thing I really wanted to maybe stop right here and highlight is a lot of what I'm proposing in some of these things -- this is really the way people communicate nowadays and I think it's important for the city to think if -- if this is how people are communicating -- not everybody, but especially more and more generations -- I mean you Meridian City Council Workshop October 10, 2017 Page 53 of 67 see more and more people -- my mom just got a smart phone. She doesn't know how to use it yet great, but she's doing that. We need to be trying to focus on how we can connect with people on these devices in other ways . So, that's really what this is about is how do we -- how do we implement using phones for the purposes that we want in this process. So, I will stop right here and see if I have gotten -- if there is any concerns or thoughts on these items about should we be looking at these opportunities or not . Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Robert, can you give us a little bit -- maybe a little bit more synopsis about the text phone based messaging system? Is that Coffee with the Mayor this morning and you should come? Is it -- it snowed four inches, so priority roads are going to be plowed? I mean what's -- what's the envision of that? Simison: Madam Mayor, Councilman Cavener, I think it's a little bit of all, you know, and -- and that's going to be developed over time in the context and I -- I know that Jaycee has done a little bit of work on this topic from that standpoint, but really starting from the standpoint of emergency based information, from that standpoint. The interesting thing with phones -- cell phone specifically is you are limited by the FCC in how you can communicate, which way to do it. A lot of it's an option system from that standpoint. So, really, when we start talking about this it is -- if you're looking at creating notification based systems, they are primarily opt -- opt-in systems. But that is -- yes, when you talk about that is -- in this case in the informed section that's exactly what you're talking about, ways to communicate via text to people who sign up for that purpose. De Weerd: And I think the -- the thing that we have to be cognizant of is how much do you want to use it. If it really is to be relevant to crisis response, you don't want all the other stuff in there, because they stop reading it and we get that in all employee e- mails, you know, you can't put too much out there or people tune it off and so that's going to be the delicate balance and how you want to phase it in or tier it in to see how it's being utilized and that sort of thing, it -- that's all to be discussed. Milam: Madam Mayor? De Weerd: Yes. Milam: A thought of that is when -- when people are opting in they can opt in for different choices. One could be emergency only. One could be city events and emergency or city events only and, then, if they came from different phone numbers that wouldn't be -- the redundancy wouldn't be an issue as far as just getting too many messages. If they opt in for all of the services and they might be getting them several times a week and I think that -- I think there are ways of overcoming that and so -- Meridian City Council Workshop October 10, 2017 Page 54 of 67 De Weerd: And that's what we do with Pulse Point. You can get everything or only something specific and so it depends on, I guess, the application. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I think in the long term what I like to eventually -- over who knows how long -- see is a city app that has all the relevant information on the website, as well as opportunities to opt in out of various push notifications, but in the short term it is so cheap to set up these kind of text-based notifications that as Council Woman Milam was -- was going through the -- being able to opt into various things, whether, hey, I just want to a text every Monday when the This Week In Meridian comes out and, then, okay, here is your link to your video for this week or if you want just emergency notification of the city. If you want a notification every time City Council goes live or every time your commission you're interested in goes live for the stream, here is your link. The texting is such a cheap option to set up quickly and affordably, while -- I think we need to work towards that, an actual application. Simison: Madam Mayor and Council. And to your -- just to answer some of our questions, what I haven't done is I haven't developed plans to all these things to look into them . It's just really looking at the concept at this point time and if we think that communicating via text phone messaging is a way to go, then, we would start looking at what is being done in emergency management, is there an app on it or do we need to go a different direction specifically to do that and so that's why I'm looking -- again, this is the easy -- this is fairly low hanging fruit, easy, cost effective. Not to say there will be no cost, but I haven't scoped out what the cost would be if Council says, yes, this is something to do, then, we begin that process and see where we go from here in working with -- whether it's IT or public safety -- De Weerd: Or if it's a city app and you have that end in sight, it's -- what are the various steps to -- to get there considering cost elements, resources, all of that. Simison: I mean what we see from -- Madam Mayor, Members of the Council, what we see from other cities is they often have like a 411 system, Provo 411, and we -- I know we like to look at Provo a lot where they do have that app, they have that functionality, they have developed that aspect. I can't say what it costs at this point in time, but if that -- if this is something that we say we want to do, we can start looking at what is the best avenue to get there down that road. But as also there is a -- as you mentioned there is a component of people getting annoyed by text messaging . Is that the best way to communicate. But I think that's the preferred way of the immediate generation right now. Any concerns over streaming commission meetings? Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Meridian City Council Workshop October 10, 2017 Page 55 of 67 Milam: I think it's a great idea, Robert. I think we just -- to have more involvement from the community and -- and allow people to watch it and also when we are doing a search for new commissioners it gives them a resource to keep in touch with and see what -- what do they do and, you know, they can go back and watch several meetings and kind of do a little bit of homework and, hopefully, we will get some more applicants when those openings come up. De Weerd: Mr. Cavener. Cavener: Madam Mayor, I was going to echo Council Woman Milam's comments. I think with all three of these it's for us to decide what the best p lan is and I think we are all supportive of looking at doing this and we want to see what the details are as far as implementation. De Weerd: Okay. Simison: Okay. Now, on to Item 2. So, this is consulting and this is -- you know, again, just kind of focus on public hearings, you know, you think about public hearings and that -- that aspect. You're asking the community, but ultimately whatever they say, that doesn't necessarily matter from that standpoint , you are the ultimate deciders. You know, just because they say something that has nothing to do with the application or it can have everything to do with the application, but from that standpoint, looking at the suggestions here -- and we have already talked about some of these. I know some of you are very interested in it, but, you know, we can easily set up components to take public testimony using the text message, you know, where your text to a number and it comes in . You know, no different than an e-mail. Very basic, simple stuff. The other thing that we have been exploring is the, you know, phone audio-video technology, taking -- taking public testimony over Skype, just for lack of a better way to put this. I know there has been interest in the Council on this. We have -- we believe we can do it and with the -- with our system. We might need to do some small technical -- technical changes to our audio system to allow it to occur. Don't know exactly what the cost would be. What we did find, though, from our own testing of it -- it would be great to be able to use the Skype for a business platform, but it has -- just because we don't -- I don't expect to be inundated with people all lining up to testify over Skype, but the person-to-person has a lot of limitations the way it exists, so that you could only have one person -- you know, this would be nice to be able to have other ways where you can communicate with people to say I'd like to do this and you can notify that -- you can have a communication, too, on the side, so that you can, then, bring them in and Skype for business does that, but it really has -- Microsoft hasn't put the emphasis into it to get it really up and working. The problems that we -- we have found IT -- we reached out to them and they said, yeah, we know that's a problem, but we are not going to experience it. That being said, we could do something that would probably be not clunky, but could make it available to the community to use, something like a very basic Skype system, if that's a direction. And, again, there may be a financial aspect to make the technology side work for the audio . I don't know if that's a ten dollar pair of cables or more than that to make that occur. But Meridian City Council Workshop October 10, 2017 Page 56 of 67 from that standpoint. The next one on the list is perform telephone town halls. Again, that's trying to get at people on cell phones. Some of the things that that allows you to do -- I mean I think everyone here is familiar with the concept of telephone town halls. Again, it's primarily land line based, unless people opt in. Those -- those are the restrictions that you have on telephone town halls. It would allow us to -- to connect with the larger portion of our community I think than what you currently see at your town halls, but it has a cost. This does have -- this is done by a third party vendor in order to make those occur. You know, it's anywhere from, you know, 1,500 to 3,000 dollars per tele town hall, just based upon the number of -- it's all based on number of dial outs, number of people who pick up, how long they are on the phone. The more you have the less it costs. I know that seems ironic, but that -- that is true. But, like I say, it does have a cost to be able to perform that function and -- but it is a way to connect with people that we aren't currently reaching them. The third item is, you know, implementing the use of phone, social media, online polls for proposed changes, not on land use issues, but, you know, just, again, looking at is there a way we can use technology to get greater feedback from our citizens on issues that have been this level of feedback. This -- this might be more along the lines of, you know, the arts commission putting out a survey or a poll, which one of these do you want from that standpoint. And, then, actually just listening to the feedback and taking that recommendation type of thing. But that's just -- again, so I will stop there for any feedback on those three items . Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Are we having members of our public asking to be able to call into town halls? Is there -- I guess that's something that's new that I haven't heard and I'm just curious were the motivation to bring that idea is coming from. Simison: Sorry. Madam Mayor, Councilman Cavener, let me back up. This is not people calling in, this is doing telephone town halls where we are calling out to the community and, I apologize, I assumed most people were familiar with that component. So, this is what you see a lot in Washington D.C. or congressional -- can even -- Governor Otter did one not that long ago for the F-35 thing where you -- basically you call -- as a city you call your residents and say we are going to have a town hall on this topic at this time and they can get on the phone and participate in that town hall, listen to the discussion. You typically will have a moderator, so if they want to submit questions that can be asked through that process, whether it's either on the phone or in writing from that standpoint. So, I apologize, you know, that is what a telephone town hall concept is about. Cavener: Madam Mayor? I guess maybe some clarification then. When Governor Otter did his telephone town hall what was the participation like? Is it tens of people, hundreds of people, thousands of people? Do you know? Meridian City Council Workshop October 10, 2017 Page 57 of 67 Simison: Madam Mayor, Councilman Cavener, I don't know. I did not reach out to them. I just know I received one at my house recently from that standpoint. You know, from -- from the conversations, you know, it's a -- De Weerd: I think this is really throwing things out there at -- for what is -- and, really, we don't have time to go into it in depth, but if we want to do this more in depth I think we need to put this on as a specific agenda item . Milam: Madam Mayor? Could I just make one comment? Not to be -- the telephone town hall to me -- the whole concept seems fairly antiquated , like we do have computers and video, why would you want to -- I don't understand why you would -- anybody want to stand on the phone and listen to something when you can see it . De Weerd: Well, because not -- there are old people out there, too, who think might need details on -- Milam: Okay. We will bring it up later. De Weerd: They have a rotary phone. Simison: Madam Mayor, I can answer that question at least from this perspective of -- Bird: Got a land line. Simison: Those things are -- they are not interactive. You know, when you -- when you get that -- you can have people that will just listen on the other side. If you want to make it interactive you really can't do that over video. There is no -- there is only three companies in the United States that do telephone town halls with the technology and there is nobody that can do it with a video platform that will allow people to watch and participate. I mean you have Go-To-Meeting -- that's a one way. You can't have people comment and feedback to people moderate -- there is -- people can make comments, don't get me wrong, I understand that people can make a comment, but that's a little bit different than having a town hall information where we are conveying information and people can ask questions and you give everybody a response back . So, it's a two-way communication. Cavener: So, Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe to move these things along, here is my feedback. As you know, I'm very much in support of trying to implement a way to let people provide testimony through a variety of different mechanisms. I love the idea of the text piece. I think we need to move forward with a Skype or Skype-like technology to allow people to provide testimony. I'm not there on -- on the telephone town hall piece. I think at the federal level or the state Meridian City Council Workshop October 10, 2017 Page 58 of 67 level where the halls of government aren't as connected to the people it makes more sense, but I think that people know if they have got a question or a concern there is a lots of different places here locally that they can -- they can turn to. I also support the idea of -- of online polls for proposed changes. I was at AIC and there was a municipality that they had three proposals for playground equipment. They turned it over to the public and let the public vote. I thought that was great. And the public responded in kind. So, I think most of those that are there are things I would be supportive of, just not the telephone town hall. Simison: So, these next three just have one component and to this -- this kind of follows a little bit on what was just discussed -- just mentioned right there. The involvement -- I look at this from the comments I received back from City Council throughout the budgetary process and the participatory budgeting and I wanted to take participatory budgeting to the next level. To me this is an area where you can do just that, where you can even set up maybe a group that oversees and you can work on a larger scale within the community using social media, other components, in order to do that. So, this is just, again, looking at using that for -- for these types of purposes and participatory budgeting was the main component that I was looking at from that standpoint. I will just run through these next two, because there only a couple more on all of these. Collaboration. And this is one where I think it's -- again, not trying to preach, but from the standpoint of the feedback that I have heard from people who have served on commissions, whether they are ad hoc or ongoing, is when we ask our citizens to do a job for us and , then, we choose not to take their recommendations and I think that that -- that is something that is out there from the standpoint of those who have been involved in -- I'm not going to say community wide, but to me this is where, you know, again, as a -- as a council when you get further on the right into that collaboration level and you -- that's where you -- you really are starting to concede some of your decision making to the residents in order to get back to the overall mission of this -- of the strategic -- of the strategic plan item, you know, where you're trying to get them to be involved in the decision making process to that level. So, from this one it's -- are there areas -- ordinance changes for specific items that would make sense that would enable certain decisions made by our commissions, basically, to be -- to be the decision of the city. That's kind of the best way I can phrase it from that standpoint. You can look at the compensation committee as an example, where we have an ordinance that says that they shall exist and they do work for us and, then, the Council makes a decision on what their recommendation is. As an example, you know, you could extend that down into other commissions as well and what they do in terms of where -- what decisions should they be allowed to make through this process that are not necessarily going to be Council-related decisions. That's something that, again, would need to be vetted out some more, but that's what that one is -- would be and we want to have further conversation to the plan. And the final item is really using the public vote more to determine larger issues in the community and, you know, I just listed some of the items here. You could always do an advisory vote, where you're not -- where you just take the recommendation of the community on what they are. You know, those are limited to when the county would run the elections. Bond measures -- again, not trying to be preachy, but I have heard several say we are never going to -- we shouldn't do bonds. Well, to me that's like a local option tax when the legislature says we are not going to give Meridian City Council Workshop October 10, 2017 Page 59 of 67 the cities the ability, because they don't know what to do. But if the residents want to use bonding why would we not ask the residents to use bonding if they want -- if they think that's a way that they can get some things that they would like to see in the community from that standpoint. Other government agencies have put bonds on the ballot and they voted no. Is the city in a position where we don't think that they would take the same opinion on those issues? And, again, not listing things specifically at this point in time, but just -- I'm just trying to put that question out there is -- these are the types of areas where if you really want to engage the communi ty, getting them into letting them make decisions is how you can involve them further in items . So, with that I will rest and see if there is any comments on these last three items that you would like to ferret out more. If you want to think about them I'm happy to come back in the coming weeks and have additional follow-up conversation. But that's where I am on this item and my next objective is to put together a plan for each of these items and I'm just looking to know which items I should be looking to implement. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Robert, I really loved the last one. I think that our job is not to assume that we know what the public -- even though we were elected, but not to assume what they would like or what they would choose to do with their -- with their taxpayer dollars and I think not only with money issues, I think there are a lot of things that probably should be put in a ballot and some things that we have discussed recently, at least on some of those to get an advisory type of a decision on some tough decisions. Obviously, the financial ones that need be -- you know, no actual vote, but -- I like it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's a -- it's a vastly different conversation -- the original objective of improving citizen access to government is a totally different discussion than -- then in delegating authority to citizens to decide that which you were elected to lead and decide . A huge philosophical difference. I mean the original objective, which is a fascinating conversation perhaps, but the objective I thought was focused on access and making what we do and how we do it open and available to citizens for whatever reason don't desire to participate in any of these mediums that's their right , but we got to make sure everything we do is open and available and easily accessible. There is that conversation, which is of more interest to me. The other one is a hugely different philosophical debate of democracy versus republic and the role of elected officials that I think is really big. So, if you want feedback on whether these last ones should be developed -- is more conversation on that. De Weerd: I -- I do think, though, that the question in access -- is if you want two way communication or do you want it just -- how do we better inform our citizens -- or how do Meridian City Council Workshop October 10, 2017 Page 60 of 67 we better inform and accept comment back , because once you invite them in they are going to want a voice in it and -- and I think that's the fundamental question here, that this is -- it is two separate things to a degree, but in some sense -- and you caught that a little bit in the Public Works presentation. You got a lot of growth and a lot of regulatory requirements coming down the road that we are anticipating. This last one is going to come back to you for sure and -- and, yes, it's a different subject, but it does have a lot to do with access and -- and how we are wanting to communicate and collaborate with our citizens. Simison: Madam Mayor and Council, I hope -- that's why we trying to -- at the beginning -- objective summary, which when we first brought the strategic plan there was a lot of questions about what does that mean in those things. So, the objective summaries were developed to further clarify what exactly that meant and that hasn't changed since the original plan, you know, after that initial thing. So, it is fundamental and I will be honest with you, I mean that's not where my head was when I first started working on this objective. You know, I was looking at how can we -- how can we make this occur from this standpoint and maybe it -- maybe it was wrong to find this other place that -- but I think ultimately I did -- I became passionate about that when I saw that and I said, you know, if we really want the community engagement with our citizens in the planning operations and decision-making process, it's on the right-hand side of this thing. Now, whether or not we can go there or not, that's why I mentioned, I don't think a lot of communities are there and, you know, I would argue that most communities -- you know, they don't really touch that. The elected body here is who makes that decision. So, from that standpoint, again, it is a philosophical conversation and I encourage people to rest on this and maybe we can come back in December or January to ferret it out a little bit more from your feedback and we can start working on the first two items, the easy ones, where we are comfortable and we spend all of our time as cities. But the other three are different and, you know, I would welcome one-on-one conversations with any of you about your philosophical thoughts on democratic -- different -- democracy, republic, and what makes sense and doesn't and I don't want to take more of your time tonight, so -- Borton: Madam Mayor? De Weerd: Yes. Throw the bomb and run. Borton: Yeah. I don't make those comments to negate -- I think there is tons of value in everything that's -- De Weerd: It's fundamental. Borton: -- recommended, in particular the -- the more modern means to receive communications and input and there has been talk before about, you know, receiving live testimony online for public hearings, so senior citizens or folks that might not be as mobile and able to get out can still participate at these public hearings. There is some low hanging fruit that would be wonderful to utilize improving -- their access to this process. Meridian City Council Workshop October 10, 2017 Page 61 of 67 Simison: Well -- and, Madam Mayor, Councilman Borton, I can get this objective done a lot quicker if you just help me do the low hanging hepatology fruit and, then, I can move onto the next item and be happy. But I would love to challenge people and continue the conversation and see where we can really go with some of this. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And maybe a last thought from me. Maybe instead of thinking of ways that we can have an all-encompassing outreach and attempt to get interaction with the public, we take -- we pick a thing -- one thing that we really, really want citizen participation in. To me that will be the budget process, whether it's the budget hearing or the round tables or something and find -- pick one or two, maybe three of the tools that Robert's identified and implement it for that thing and see if we can drive some participation on the budget or parks plan or any number of things and if we don't get any -- De Weerd: Comprehensive Plan. Palmer: And if we don't -- if we don't get any interaction, then, maybe we are just beating our head against the wall and we are open enough and available enough. Simison: Madam Mayor, Council -- and I'm -- I'm not trying to shoot myself -- maybe I am -- over the city, but you could put an advisory vote on about whether or not to take the three percent. I mean if you want to engage the community there is a great way. And part of that is the discussion of what do you get for that, you know. I mean that -- there is a great policy example of what you may want to do and that requires a lot of people to say is that the -- is that the appropriate thing or is that what you were elected to do and that is a philosophical conversation or a personal one or -- but, you know, I think it would be great to have a conversation about what you get for the three percent from a city standpoint. Do you get parks? Do you not? Do you get -- De Weerd: I think you probably would have residents who want to vote on every annexation, actually. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Okay. I lied. My -- I like the idea of an advisory vote. My hesitation is that you can't get all the information needed on -- De Weerd: On the ballot. Palmer: -- on the ballot. While I think that would maybe go more my way when the -- when the vote actually takes place, I would have the same concern with that as I do if we Meridian City Council Workshop October 10, 2017 Page 62 of 67 are to put a bond on there. There is so much deeper information necessary to fully understand the ramifications of a bond , that I hate having that on a ballot for all of the citizens to vote on, I feel like that's something that they put us here to -- to study and to -- and to figure out for the same reason that I think the three percent is it something that they put us here to figure out, because you can't get all that information that they would need to make a -- a realistic decision with how many people just show up to the ballot, not knowing what's going to be on there until they get there. De Weerd: Yeah. But that's the same argument of I'm going to go and vote for someone that isn't even opposed and that is -- that's the mandate, so -- I mean the conversation can get really big and say, you know, when -- when is it appropriate to ask for the citizens' voice and what does that mean if they participate. We -- we did that in a public art project. We went out and asked them to vote and the commission didn't like what they -- what the result was, came back to the Council and the Council agreed with the commission and wholly negated the citizens' voice, when we asked them. So, that's -- it gets complicated. So, I would suggest that you break these subjects out and -- and do the how can we get better at sharing information and, then, have the conversation that it will be more in depth and can get -- probably you will find there is a couple more different categories than just two here, because I think there are, even in that regard -- Milam: Madam Mayor? De W eerd: -- once you start inviting conversation what you do with the information. Mrs. Milam. Milam: Well, in regards to what Councilman Palmer said, just doing it with just the budget, I think getting people to that point is a great idea, but that's not where you want to start and it's like marketing, it's going to take time. You have to start little and it's going to take a long time to get these people actually engage on a regu lar basis and eventually they are going to step up to the big stuff I think. But NextDoor, for example. NextDoor has been around for like five years and people didn't really start using it until the last two years. I mean really heavily. So, it took them a long time of putting stuff out there and, you know, I think this -- the bulk of the community just kind of got on board the last couple of years. So, it's going to be a long process. I think the more things you have access for the citizens the better, not just giving them, you know, a one-time shot and, then, if it doesn't work give up on it, because that's not how it works. My opinion. De Weerd: Okay. Thank you. That was discussion. Next steps. We will be integrating dashboard information into your quarterly reports, as you saw with the pie chart and the two gauges, and the objective review is -- is next February or March. I can't remember what we passed in the ordinance. Do you? It is early in 2018. Borton: Madam Mayor? Real quick. I think we left the concept of this bi-annual review where we would have the focus areas and the goals and the objectives and as objectives got completed we -- we would see the red line through that objective, you know, completed and a date and as we go forward we are going to be adding new objectives in Meridian City Council Workshop October 10, 2017 Page 63 of 67 those focus areas. Maybe there is nothing new to add yet, but following these biannual reports would be good to circulate out that -- you know, the strategic plan as of the October 2017 report, so we can see those objectives red lined out that have been completed. Or removed. Because this document will live in over five and ten years and we will see progress made on our consistent focus areas. De Weerd: And I -- I think we did -- the conversation as I recall in June is -- you didn't want them removed and that's kind of why we did -- we did a close out -- you will still see it -- Borton: Yes. De Weerd: -- and if, as we -- we bring the updates on the -- not the annual side where you will be having specific discussions on the objective, but on the other side of that -- oh, God, I talked long enough I forgot what was saying. Borton: Yeah. I agree, Joe. De Weerd: No. I won't agree. We just thought you -- those areas that we are going to have to bring you back those red lines and have the conversation in -- in the objective part. I'd like to keep the objectives that are closed out on there, so you can see them. Some of them, as I noted, I think it does warrant a biannual update just to say what is continuing to on go. My concern with the plan was some of those areas were ongoing and they need to be more initiative and specific and so that's what we are really trying to drill into and will have a more robust conversation next spring. Borton: Madam Mayor? I think we are saying the same thing. I'm just -- the one page sheet that I know I have seen from before, all I'm asking is of the six that we talked about that are completed, just -- we can leave them on there, there will be a red line through them and it will say complete, you know, June -- right? De Weerd: We get that -- Borton: So, at least we will have that summary sheet as we go forward we will see progress first. Progress. New things come on. New things come on. That's all. De Weerd: And we -- we can do that. Borton: Yeah. De Weerd: Yeah. Because we did have one complete between when we talked about it in June and now. Borton: And they don't come off. De Weerd: So -- Meridian City Council Workshop October 10, 2017 Page 64 of 67 Borton: We don't delete it, we just -- De Weerd: Okay. Yeah. We can do that. Thank you. Okay. Any -- Cavener: I guess -- Madam Mayor? De Weerd: Yes. Cavener: I don't know if this is -- if now is the appropriate time. I have some additional questions that I was hoping for. First off, Robert's presentation, I don't know how the rest of the Council felt, but I felt that was like the most well put together component of our strategic plan that we have had since this whole thing has been crafted. I thought that he dived in deep, provided some explanation, made some recommendations for Council to chew on. I hope as this process plays out that we see more of that than -- what we saw from Robert today than what we have seen in the past. I just think that is -- at least for me what I have envisioned when I thought we would be having the discussion about the plan. My questions were about -- I just was curious -- and -- because I don't have any of my paperwork with me, did the completion dates on some of this stuff change or evolve from when we last talked about it this summer? De Weerd: The completion dates that I stated in my presentations were -- were from what you -- I don't know. I can't answer that specifically. But the completion dates are -- we did compare it from the original date and I think the only one that changed was actually backwards. We had it in 2007 and it changed to 2016. So, we are cleaning that up. Cavener: Okay. De Weerd: But some of the -- the items that we will discuss at the annual update is if that completion date is different from what you last saw and why. Because those are really driven by the tactics and -- and if there is something that substantially changed in regards to the tactics -- kind of like you saw with Caleb's is he had to bump them out, because of -- of staff resources. Same as HR, you will be seeing that. But she can still kind of fit within the strategic plan and the overall completion date is not what she had on each tactic. Cavener: Okay. And, Madam Mayor, we are about -- I just was curious. One of the elements within the -- the online portion talks about the total budget cost. On these tactics that we are hitting, are we finding that they are being completed under budget, at budget, over budget? De Weerd: The ones that have a budget request as associated with it, once they are approved by Council it -- it rolls into the budget itself. Meridian City Council Workshop October 10, 2017 Page 65 of 67 Cavener: Madam Mayor -- right. I understand that. I just -- because of the number called out on the plan, I'm just curious -- I guess I could -- I could go back through past budget pieces and apply that. I just was hoping that -- because we have had a dashboard if you were able to tell did that particular objective -- did it meet its budget request or was it over or was it under. That's -- that's all the clarity I'm trying to find. De Weerd: So, that's just regarding a tactic, like when we are requesting resources. Cavener: Again, Madam Mayor, on the form I know it -- oftentimes it lists an estimate cost. Sometimes an estimated is zero, but sometimes that estimated cost is half a million dollars and I'm just curious when there is an estimated cost with these, are we -- are we hitting that cost? Are we overspending? Are we underspending? De Weerd: The -- the plan that was -- was early, early on contemplated if the -- yeah. Sure. Holman: Madam Mayor, Members of the Council, Council Member Cavener, originally when -- I think you're going back to probably when the plan was first submitted to you guys, we had the objective sheets with kind of wild guesses of -- not wild, but I mean somewhat broad guesses of what we thought cost would be . We designed into the software the ability to add an estimated cost to each of the tactics , but we are not -- we made the decision to move forward with what you see in those costs. As these things from the strategic plan come forward through the budgeting process that's when a true cost would be assigned to it and you would see that cost that you -- because it's identified back to the strategic plan. They are not being tracked as a percentage of completion or anything like that in the plan now, so -- is that -- Cavener: That helps. Holman: Does that answer -- Cavener: Yeah. It absolutely does. De Weerd: Yeah. Because you approve every one of those resources. Cavener: Right. Right. Madam Mayor, just so -- I want to make sure that I'm prepared for discussion in six months from now, can you share with us what the goal of the annual update will be and what you would hope to see from Council during that meeting, so that we can prepare between now and then? De Weerd: I kind of touched on some of those high priority areas that are -- what they have found is the -- the tactics didn't necessarily support the objective or the rating of low, medium, high were not in sequence with each other. So, in those areas, such as the safe community and healthy community, those are being reworked by the two leads, the Police and Fire, and -- as it relates to the other, because those are both kind of multi- departmental associated. The lead is with one department, but there is many different Meridian City Council Workshop October 10, 2017 Page 66 of 67 efforts going in those areas. So, at this point I can't tell you what exactly you can prepare for, but I do think that the departments themselves -- and seeing -- we did reach out and say are there anything like what Robert did in the access to government discussion, something that they want to do. If they want to -- if they need to deeper dive into it -- and I would imagine that in both safe community and healthy community that discussion will be had. That will be happening in advance of the -- the annual discussion. I don't think that was a non-answer, but -- I was thinking aloud, too. Because I have to process those as well. Okay. Anything further from Council? Item 8: Future Meeting Topics De Weerd: Okay. Item 8, Future Meeting Topics. You heard of the two park openings. You do have the invitations in front of you. We also have the faith leaders luncheon on Thursday, October 12th, from 11:30 to 1:00 at Valley Shepherd Nazarene Church and Gowan Thunder Air Show Saturday and Sunday. Item 9: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. De Weerd: So, with that I will move to Item 9, Executive council -- or Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(f). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:50 p.m. to 8:02 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Meridian City Council Workshop October 10, 2017 Page 67 of 67 Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: I move we adjourn. Milam: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. thnkasMEETING ADJOURNED AT 8:02 P.M. (AUDIO RECO ING ON FILE OF THESE PROCEEDINGS) DATE APPROVED ATTEST4�---�, r 'r CITY CLERK Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 3, 2017 City Council Regular Meeting MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council October 3, 2017 Page 36 of 36 Tuesday on the 10th from 8:00 to 9:30 at one of our newer restaurants, the Flame Broiler. And, finally, for those interested in football, we have got the local rivalry from Meridian versus Mountain View on Friday, the 6th at Mountain View. Kick off at 7:00 p.m. So, with that said, if there is nothing further, I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMM DE WEERD DATE APPROVED ATTEST: C. JArf COLEA. UTY CLERK �QO�PSED AUGUST, 2 City of " IDIAN�- IDAHO �2� SEAL �� Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: TM Creek Subdivision No. 2 Pedestrian Pathway Easement MEETING NOTES VA 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 2017-096846 BOISE IDAHO Pgs=6 LISA BATT 10/11/2017 03:23 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT. 41 THIS AGREEMENT, made and entered into this day of 0 eY , 2417, between Brighton Land Holdings LLC, an Idaho limited liability company, and SCS TM Creek LLC, an Idaho limited liability company, as tenants in common, hereinafter referred to collectively as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH; WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian. desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: The Grantor does hereby grant unto the Grantee an easement on thel following property, described on Exhibit "A" and depicted on J xhibit "B" attached hereto and incorporated herein, The easement hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use hori-motorized recreation, with the free right of access ' to such -facilities at any and all times. TO HAVE AND TO HOLD; said easement unto said Grantee, its successors and assigns forever. THE -GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial. sh�abs or floyvers within the area described for this easement, which would interfere with the use of said. easement; for the purposes stated herein, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,- that the Grantor shall. re air and .maintain the pathents, pway improvem THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted 'becomo part_ of, or lie within the boundaries of .any public- street, then, to such extent such 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described -tract of land, and that .it has a good and lawful Pedestrian Pathway Easement right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BRIGHTON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Blake R. Alder, President STATE OF IDAHO ) SS County of Ada ) SCS TM CREEK LLC an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company, Manager <:;e�By: even C. Smith, Manager On this 5-k day of September, in the year of 2017, before me a Notary Public of said State, personally appeared Blake R. Alder, known or identified to me to be the President of Brighton Corporation, the Manager of Brighton Land Holdings LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. AMANDA MCCURRY NOTARY PUBLIC NOTARY PUBL�I'C'J IDAA��IO STATE OF IDAHO Residing at: q- v- rro(Z lw Commission Expires: Y11512 -02--L STATE OF IDAHO ) ) ss County of Ada ) On this day of September, in the year of 2017, before me a Notary Public of said State, personally appeared Steven C. Smith, known or identified to me to be the Manager of SCS Management LLC, the Manager of SCS TM Creek LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ft-d6.d6 41, HILLARY HOLGATE PYPER Notary Public NOTARY PUB ICFCbk IDAHO State of Idaho Residing at: S Commission Ex res: b- Z Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN Eo AUGUSr' owe 01A Z ('itr of Ta -ie—Wa Mayor W o! the TREP�J Att st by CJW Coles, City Clerk Approved By City Council On: l �p / /0 z '�b �z STATE OF IDAHO ) ss. County of Ada ) On this Q day of O cTober , 2017, before me, the undersigned, a Notary Public in and for said State, personally 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. $*goes..• (SEAL); •getiENE I; � 0IT A k :9 ,rG . . ti�G , 40 ?'E OF Pedestrian Pathway Easement NOTARY PUBLIC FOR IDA O Residing at: -I 1 p tl,lfilan T—n Commission Expires: 3 • aB' P 0aa April 27, 2017 Project No. 116129 Exhibit "A" TM CREEK SUBDIVISION NO. 2 MERIDIAN PATHWAY EASEMENT DESCRIPTION A parcel of land located in the Northwest One Quarter of the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 10, 11, 14, and 15 of said Township 3 North, Range 1 West, (from which point the One Quarter Section Corner common to said Sections 11 and 14 bears South 89°09'27" East, 2657.99 feet distant); Thence from said Section Corner common to Sections 10, 11, 14, and 15, South 00°33'33" West, a distance of 392.01 feet on the Section Line common to said Sections 14 and 15; Thence South 89°26'50" East, a distance of 48.00 feet to the Northwest corner of TM Creek Subdivision No. 1, as same is shown on the official plat thereof, recorded in Book 110 of Plats at Page 15663, Ada County Records; Thence North 43"00'35" East, a distance of 431.40 feet to a point on the Southerly Right -of -Way line of West Franklin Road, said point being the POINT OF BEGINNING; Thence on the Southerly Right -of -Way line of West Franklin Road for the following courses and distances: Thence South 89' 09'27" East, a distance of 25.73 feet on said Southerly Right -of -Way line; Thence North 88° 23' 22" East, a distance of 9.64 feet on said Southerly Right -of -Way line; Thence South 00° 50'33" West, a distance of 7.41 feet on said Southerly Right -of -Way line; Thence South 89° 09'27" East, a distance of 5.50 feet on said Southerly Right -of -Way line; Thence South 00° 33' 10" West, a distance of 109.93 feet to a point of curve; Thence 124.24 feet on the arc of a curve to the left, said curve having a radius of 169.32 feet, a central angle of 42° 02' 29", a chord bearing of South 20° 28'04" East, and a chord length of 121.47 feet; Thence South 41° 29' 19" East, a distance of 69.10 feet to a point of curve; Thence 20.51 feet on the arc of a curve to the right, said curve having a radius of 13.50 feet, a central angle of 87° 02' 29", a chord bearing of South 02° 01'56" West, and a chord length of 18.59 feet; Thence South 45° 33' 10" West, a distance of 30.08 feet to a point of curve; Thence 35.55 feet on the arc of a curve to the left, said curve having a radius of 18.00 feet, a central angle of 113° 08' 59", a chord bearing of South 11° 01' 19" East, and a chord length of 30.05 feet to a point of non -tangent reverse curve; Thence 107.51 feet on the arc of a curve to the right, said curve having a radius of 258.00 feet, a central angle of 23" 52' 33", a chord bearing of South 55" 39' 32" East, and a chord length of 106.74 feet; Thence South 43° 43' 15" East, a distance of 256.85 feet to a point of curve; Thence 99.10 feet on the arc of a curve to the left, said curve having a radius of 502.00 feet, a central angle of 11* 18' 38", a chord bearing of South 49° 22' 35" East, and a chord length of 98.94 feet; Thence South 46° 16'45" West, a distance of 14.27 feet to a point of curve; Thence 99.06 feet on the arc of a curve to the right, said curve having a radius of 516.00 feet, a central angle of 11° 00'00", a chord bearing of North 49° 13' 15" West, and a chord length of 98.91 feet; Pedestrian Pathway Easement Thence North 43° 43' 15" West, a distance of 256.85 feet to a point of curve; Thence 101.68 feet on the arc of a curve to the left, said curve having a radius of 244.00 feet, a central angle of 23° 52' 33", a chord bearing of North 55° 39' 32" West, and a chord length of 100.94 feet to a point of reverse curve; Thence 63.19 feet on the arc of a curve to the right, said curve having a radius of 32.00 feet, a central angle of 113" 08'59", a chord bearing of North 11° 01' 19" West, and a chord length of 53.41 feet; Thence North 45° 33' 10" East, a distance of 29.60 feet; Thence North 41" 29' 19" West, a distance of 68.63 feet to a point of curve; Thence 134.51 feet on the arc of a curve to the right, said curve having a radius of 183.32 feet, a central angle of 42° 02' 29", a chord bearing of North 20° 28' 04" West, and a chord length of 131.51 feet; Thence North 00° 33' 10" East, a distance of 107.33 feet; Thence North 69° 22' 05" West, a distance of 28.56 feet to the point of beginning. The above described parcel contains 0.28 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn Pedestrian Pathway Easement S.10 S.11 S.1 5 ITS. 14 1/1V S.15 S.14 W. FRANKLIN RD. 9°O—'Y2-7—r— — — POINT OF BEGINNING — — — ---�2-65799' Easement Plan HORIZONTAL SCALE: I' ® 150' 502-2% THE LAND GROUP — 462 East Shut Drive, Suite M EcVe, Idaho WIG Phone 2D8 939 4041 - Eo. 208 939 4445 "W Tilt., TM Creek Subdivision No. 2 City of Meridian Pathway Easement Exhibit 0.1. Of— W" =I AV4CORPORATM sk«t kt,: 1 of 2 — — — — - . , -, ' I I 1 Pedestrian Pathway Easement Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: The Oaks South Subdivision No. 5 Pedestrian Pathway Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-096839 BOISE IDAHO Pgs=5 LISA BATT 10/11/2017 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this �day of , 2017, between IQ e.l� LL—, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway Easement the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTO BY: 1 DIrwQS '(biro an Its: —t>rcS; dAr& STATE OF IDAHO ) ) ss County of Ada ) On this t �'AIl day of , 2017, before me, the undersigned, a Notary Public in and for said St te, personally appeared �YVILt°� C� ? V1iC'c known or identified to me to be the 4o that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 'L' LELE.•A� •.• NOTAR PUBLIC FOR IDAHO •.�� ".0 ••• .� ,'••• Residing at: ivy e%V �i AR Y * Commission Expires: ' e PUB''' O ••ad.nn•••q .00 ••�� SUB LIC ;• t►- ',• Pedestrian Pathway Easement GRANTEE: CITY OF Tammy de V/e;�rd, Mayor C.Jav Colek,-I�ity Clerk ED AUGLsl v iw 01v of IDAHO SEAL Of Approved By City Council On: l D / �U / �l / STATE OF IDAHO ) SS. County of Ada ) On this k(� day of 340ber , 2017, before me, the undersigned, a Notary Public in and for said State, personally 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. 6,.80•••• (SE ••gLE1�t�,• . T ' OF �q��°UBLIvG��Q Pedestrian Pathway Easement wamlow � (�H- NOTARY PUBLIC FOR ID 0 Residing at; �Dl .Qf1,t.&aA(L SD Commission Expires: - aO a' � CJ UJ J•U•B ENGINEERS, INC. 3 COMt'ANHE:S E:416,e� A The Oaks South Subdivision No. 5 City of Meridian - Multi -Use Pathway Easement Project Number 10-16-114 September 7, 2017 THIC LAN OOON MAPPIMO GROUP INC. A parcel of land situated in the Northeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 18°33'02" West, 709.20 feet to the POINT OF BEGINNING; Thence South 3306'44" East, 11.00 feet; Thence 132.78 feet westerly along the arc of a curve to the right having a radius of 336.00 feet, a central angle of 22°38'32", and a long chord which bears South 68°12'18" West, 131.92 feet; Thence 130.17 feet westerly along the arc of a reverse curve to the left having a radius of 1,139.00 feet, a central angle of 06°32'52", and a long chord which bears South 76°15'08" West, 130.10 feet; Thence South 18°53'48" East, 19.29 feet; Thence South 71°06'12" West, 11.00 feet; Thence North 18°53'48" West, 10.60 feet; Thence North 27°00'25" East, 27.83 feet; Thence 122.79 feet easterly along the arc of a curve to the right having a radius of 1,150.00 feet, a central angle of 06°07'03", and a long chord which bears North 76'28'03" East, 122.73 feet; Thence 128.43 feet easterly along the arc of a reverse curve to the left having a radius of 325.00 feet, a central angle of 22°38'33", and a long chord which bears North 68°12'18" East, 127.60 feet to the POINT OF BEGINNING. Said parcel contains 3,012 square feet or 0.07 acres, more or I End of Description. Page 1 of 1 ess. 1 7%1-0 X t. -'f'' � OF a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com r sw �0a n .15. Z E' 0(D o m� �� cn � (D a (D N. Z) ID W G C ID �p n(D m a Q O -V a O � a) C ((D 0. mo CL (D ((D O (n O w � o' w w O o C) n n o z 41 W N w I �; I - o O r N m NW N O W N j -4 N w .� m i C9 o N N W 41 0 8 n O N O w { c*. O _ N :9: J R1 r 7 Q r*1 n W C O m n CA O N O aj W O W D 0 G! W N N V A A m q m CR s N m N N o O O CO - OD a rq f1 x U3 N W 7 V O m O W 33:2 iv — 30 O 07 9 20, W (V C CA cxh,\b-t-t A O z F,n �: w I �; I - o O ? N W C9 o gD7 U W o QI cn {'1 3 OI 8 n 0 N N { c*. O N :9: J R1 r 7 Q r*1 W m V O 10 cxh,\b-t-t A O T ry O Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #2 MEETING NOTES 707 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 2017-096838 BOISE IDAHO Pgs=6 LISA BATT 10/11/2017 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTIUAN PATHWAY EASEMENT o Z THIS AGREEMT, made and entered into thi I✓Ns jaday of_()fj2Qbe , 2017, between T6 111 b. L L Q_ , hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein, THE EASEIVIENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements, THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway Easement the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is apart thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is -lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANT BY: hiQS Cbl (-h i'l Its: S idint STATE OF IDAHO ) ss County of Ada ) On this ( ?)4-k day of ') G , 2017, before me, the under igned, a Notary Public in and for said tate, personally appeare !a ra e.' known or identified to me to be the , V t5 O ar _�s hat executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereuntoset}y hand and affixed my official seal the day and year fist above written. / 1 Pedestrian Pathway Easement NOTARY It: UBLIC FORZa AHO Residing M ek I II� Commission Expires: �;3 - 24.0 -2C) GRANTEE: CITY OF MERIDIAN Approved By City Council On: l& / /0 STATE. OF IDAHO ) ss. County of Ada ) On this � �QORp-TED AUGLS GO 11Y of&rERJDIAN� r 4 IOAHO ' �, SEAL .6,/ '314n day ofi0 ,� , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known to to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAAO n Residing at: 1 ' f l� Commission Expires: ?� aB ab2la C JU EW ��B'hF �MAPPING GROUP INC. J•U•B ENGINEERS, INC. Exk A The Oaks South Subdivision No. 6 — Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 2 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 00°29'25" West, 1,638.49 feet along the east boundary of the Northwest 1/4 of Section 33 to the POINT OF BEGINNING; Thence continuing along said east boundary, South 00°29'25" West 28.54 feet; Thence leaving said east boundary, North 78°22'36" West, 72.17 feet; Thence 146.53 feet westerly along the arc of a curve to right having a radius of 1,021.00 feet, a central angle of 08°13'22", and a long chord which bears North 74°15'55" West, 146.40 feet; Thence 103.22 feet westerly along the arc of a reverse curve to the left having a radius of 479.00 feet, a central angle of 12°20'49", and a long chord which bears North 76°19'38" West, 103.02 feet; Thence 11.86 feet northerly along the arc of a curve to the left having a radius of 525.00 feet, a central angle of 01°17'39", and a long chord which bears North 05°14'57" East, 11.86 feet; Thence North 46°36'01" East, 20.61 feet; Thence 96.72 feet easterly along the arc of a non -tangent curve to the right having a radius of 507.00 feet, a central angle of 10°55'49", and a long chord which bears South 75°37'09" East, 96.57 feet; Page 1 of,?_ a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com CJ CATIEWAY •U�B 1 -U -B COMPANIES aRouvON Kcrp Nn J•U•B ENGINEERS, INC. Thence 142.51 feet easterly along the arc of a reverse curve to the left having a radius of 993.00 feet, a central angle of 08°13'22", and a long chord which bears South 74°15'55" East, 142.39 feet; Thence South 78°22'36" East, 66.66 feet to the POINT OF BEGINNING. Said parcel contains 8,870 square feet, more or less. End of Description. 11779 Of aroo Page 2 of. 2. �^ a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com -� `z 67 O ch a C� CSD D C R zso o m 5). A o w µcn �a m C m y �_ S c r Cl) Cr M O O_ o -p z C) CD =rO. o =r ,C 0 CD M a N c0 CD —i D� 3 O CL -. CD Q o cn Z !— a M or 0 N C7 CL O W CL CA) C0% m rn rn Obi .N W UU N - O 0 � N C :W N to O 4 0) WD 7 .n 1� 1 N (n s to w v Cn c0 � n. 0 c c c w 0 2�' o 1 I n O IW a U] 1A u+ c C': Cp O N Z P", W�1 N Ln t0 1Lo 0W {a (0 E4 N N 0 M O 1 P, 41 Cn CJ) m A C) s U1 Cn �I .p c0 Cn m (J1 t0 0 CA V (A M cii Ut A N OW M O 0V O N O rw z cn 00 00 o; rn N N C4 N W Ln 00 ��. L ry r 28' _ ""°M a5 C6 p.�uMo, 1 .N 11 O) 00 m o � N C :W �0) m 1 t o ': 3 1w� ►*i .n 1� 1 I 2�' 1 I n O IW a U] 1A u+ 1Lo 1 91 LT 1 � 1 1 z 14 V COco V N O) 00 ��&+ � N �0) ►*i J (Mo- a N (n (D 0003 o _ m -^ N zLM Ln O �L N 2. LO CA N Nc0 cli CCA ONO i \ I 1 i 1 I 0 1 1 O z 1 I N Cn W Ut v q 0 r C; w m M 1 P rn 0 m 1 rri r*i a 1 m 1 NN 1 Oo O O (3)4D Ln S 500'29'25"W 1638.49' v W N CA 00 The Oaks South Subdivision No. 4 0 A Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #3 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-096840 BOISE IDAHO Pgs=5 LISA BATT 10/11/2017 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASE ME, Wo . THIS AGREEMENT, made and entered into this day of 2017, between T 11 S b , LLC.. , hereinafter referred to as "Grantor", andthe City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements, THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway .Easement the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANT(R.� �^ . BY: —5io -,i s C`�ltrn�r, Its: IV1 Si61^ �1'�lSi STATE OF IDAHO ) ss County of Ada ) On this I t+t- day of ep G , 2017, before me, the under igned, a Notary Public in and for said tate, personally appeare ' (� ` known or identified to me to be the 0 R Pas hat executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereuntosetp�y hand and affixed my official seal the day and year fist above written. / 1 4 OLE A*��P ou �G o �rw r8 OF Y.0 Pedestrian Pathway Easement NOTARY NOTARYUBLIC FOR QHO Residing at:L'j Commission Expires: .�3— Z0 GRANTEE: CITY OF MERIDIAN Mayor by CAY Coles, City Clerk DA I rev-u•T\ � p � (k of w Q.>Vl E ilIDIAN�- IDAHO SEAL -4-V Approved By City Council On: C 0Z C O / Zc -7 STATE OF IDAHO ) ss. County of Ada ) 1- On this i � day of OCA�oCJC , 2017, before me, the undersigned, a Notary Public in and for said. State, personally 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 fust above written. Pedestrian Pathway Easement ohal",taw- NOTARY PUBLIC FOR IDAHOO Residing at: ' lI � ► 4 111C16-0 Zz� Commission Expires:_?_) . 3S • 02.0 a; - 4(J-UrB J -U -B CQNIPA DIES �} LANOOON MAPPima OpOUP INC. J•U•B ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 3 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 13°30'57" West, 1,598.59 feet to the POINT OF BEGINNING; Thence 28.01 feet southerly along the arc of a curve to the right having a radius of 475.00 feet, a central angle of 03°22'41", and a long chord which bears South 04°05'14" West, 28.00 feet; Thence North 86°23'44" West, 22.58 feet; Thence North 07°04'19" East, 28.05 feet; Thence South 86°23'44" East, 21.12 feet to the POINT OF BEGINNING. Said parcel contains 616 square feet, more or less. End of Description. Q� ANO ST 11779 M. Page of I a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com m R 'z. z 0 w O v a CD CD oz coO U) w R' cn a � w � � Ip CC CD cL mo Z n ° o. 1 o :3 a `< O (D N MM a C) N w c CD —i a� 30 CL " CD Q. r o (n Z C nCLCj O r oW n w 0) (1) -P L4N N QIT Z O 1 3 o PON 0 10� J O� OCi r � N N ('7 s 41 c 4 (D CNn c�D o X °a 0 C 0 0 C a a, O' 0 'tel c ('; a9 0 Iv 00 � 1 \ 1 2 N W N 1 J cp O co W N O o I p cD a ; (OJI OJi, -pt n P tP t00 CA J L4 0o CJT C) -� t'1 fTl rr 9 N p OW O0i a O � V OD O? N O � z 00 Cn N N (s1 N � 01:9 --L L u7 00 rn N N V'! N m a6pi�UMo� 11 �'�°M N N QIT 1 3 o 0 10� 1w� nl 1 I Q 11 W, O' 'tel 1 � CD \ 1 to 1 � � 1 \ 1 v 1 1 2 N v) y� nl 0 0 Ntn Z) OD OD 3o o -^ co CD CNn O �' N ) La ► 1 ( 1 ► N Z 1 1 z z 1 --j o; r 1 C:)to p —I m CTI 1 1 4 p o m 1 ► o CD t ► (r a S00'29'25"W 1638.49' w N W 00 The Oaks South Subdivision No. 4 g 2. tm. a Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #4 MEETING NOTES 01 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 2017-096842 BOISE IDAHO Pgs=5 LISA BATT 10/11/2017 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT �0 . q THIS AGREEMENT, made and entered into this �111Aday of j�LC ) y , 2017, between 16 it T Lb, L -Ls C- , hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee",, WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway Easement the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANT n BY: l�l4hkfs & Its: Iyl'Siq 2r, ; oIl STATE OF IDAHO ) ss County of Ada ) On this ( V)i"k day of Pn bof' _, 2017, before me, the under igned, a Notary Public in and for said tate, personally appeare e, (v O-Mauj known or identified to me to be theDI i5 10 vl r , hat executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereuntosetry hand and affixed my official seal the day and year fist above written. 7 7 / A Pedestrian Pathway Easement NOTARY JPUBLIC FOR IDAHO Residing alt: ov 1 A I a -VI Commission Expires: 1--2-6 —2-0 GRANTEE: CITY OF MERIDIAN C.J4Y—oles, City Clerk �QORpTED AUC�S GO i a � &p� o -- EA jDIAN!.- -4 IDANO \�, SEAL Approved By City Council On: Cy / c �)' / '20 C 7 - STATE OF IDAHO ) ss. County of Ada ) On this 1 bday of 3ekbeV'- , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known tome to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) , •'tiENE �•' 7'E OF Pedestrian Pathway Easement b-al�ma�� NOTARY PUBLIC FOR ID HO Residing at: `mQ DACGan -L D Commission Expires: 3' as abD.2- VH TWAY J - U rB h J -0-B COMPANIES �i a GDON � i .A PING OUP Mc. J•U•B ENGINEERS, INC. 6 The Oaks South Subdivision No. 6 —Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 4 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 31°06'24" West, 914.83 feet to the POINT OF BEGINNING; Thence North 71°06'12" East, 13.00 feet; Thence South 18°53'48" East, 136.48 feet; Thence North 65°16'18" West, 17.96 feet; Thence North 18053'48" West, 124.09 feet to the POINT OF BEGINNING. Said parcel contains 1,694 square feet, more or less. End of Description. LA" `�IS7ER 11779 Page1of•'!G a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com 29 28 32 33 c e 4 cY $ Si g TNI3 JSJCUMEM A8 AN 111""", n � JYIO ¢NtlNle¢p 5 FCR ANYOTHEI 01 AAn Hp4rin'f�N uIt N89'1 6'50"W 2635.34' 28 33 r� N' \` d 6, N71'06'1 2"E- 13.00' / + (0 Point of Beginning Easement No. 4 t � _ 00 N65'16'18"W - 17.96' N24'47'28"E 18.82' Point of Beginning Easement No. 5 Curve Table No. Length Radius Delta Ch Bearing Ch Len C1 206.96' 638.00' 18'35'12" S09'36'12"E 206.06' C2 202.75' 625.00' 18'35'12" N09'36'12"W aFJLE VlUl4erR%j1S 1 -U -B ENGINEERS, INC. 0 50 100 i Scale in Feet ) m I �" , I I" i I N45' 18'36"W 18.38' _ W I o . Grand Rapids Dr, Ill Id I I (' —I SHEEr IVIR511u1C11 - IVIUIII'UJC I -Cut IWOV LOavl I1G1 it IAV. - alto v in the Southeast Quarter of the Northwest Quarter of Section 33, 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: The Oaks South Subdivision No. 6 Pedestrian Pathway Easement #5 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-096841 BOISE IDAHO Pgs=5 LISA BATT 10/11/2017 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY ElASEi HENT No, 5 THIS AGREEMENT, made and entered into this � day of.� C, 2017, between -c) ! 1 U: b. LL C, , hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway Easement the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such 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 GRANTOR does hereby covenant with the Grantee that it is -lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANT BY: 5 Its:iV1�i oh '>w; dln f- - STATE OF IDAHO ) ss County of Ada ) On this I V)4 -'k day of -e D ' G , 2017, before me, the under igned, a Notaiy Public in and for said tate, personally appeare Ga known or identified to me to be the , V -t5 j 0 t'l hat executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereuntosety hand and affixed my official seal the day and year fist above written. / l h Pedestrian Pathway Easement NOTARY UBLIC FOR HO Residing at: 1 I "t,V Commission Expires: 1--��, —2 - GRANTEE: CITY OF MERIDIAN DRpCiG TEDAGs i &h1c"Oly or ,hR\IDIAN*-w IDAHO �",, SEAL` ,,/ Approved By City Council On: ��% Lo / 417 STATE OF IDAHO ) ss. County of Ada ) On this _ day of 00,y&w , 2017, before me, the undersigned, a Notary Public in and for. said State, personally 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. (SEAL) .••....... • 'ENE •• •p�T81,10 �0 _ k '••3'?A TE OF 1•.. Pedestrian Pathway Easement "'�mtWcw NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 3 • a? • a0 a a JU�B I i -U-3 COMPAMES LAr�+000N �.AFPJNO ter- OR OUP ��..%% INC. J•U•B ENGINEERS, INC. The Oaks South Subdivision No. 6—Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. S Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 22°14'49" West, 1,065.18 feet to the POINT OF BEGINNING; Thence North 24°47'28" East, 18.82 feet; Thence South 18°53'48" East, 153.30 feet; Thence 206.96 feet southerly along the arc of a curve to right having a radius of 638.00 feet, a central angle of 18°35'12", and a long chord which bears South 09°36'12" East, 206.06 feet; Thence South 00°18'36" East, 182.52 feet; Thence North 45°18'36" West, 18.38 feet; Thence North 00°18'36" West, 169.52 feet; Thence 202.75 feet northerly along the arc of a curve to left having a radius of 625.00 feet, a central angle of 18°35'12", and a long chord which bears North 09°36'12" West, 201.86 feet; Thence North 18°53'48" West, 139.69 feet to the POINT OF BEGINNING. Said parcel contains 6,855 square feet, more or less. End of Description. 1 77� r /rOF A9. M�•Gp,�` Page 4 of J— »� » a 250 S. Beechwood Avenue, Suite 207., Boise, ID 83709 2 208-376-7330 f 208-323-9336 w www.iub.com 29 28 32T3 3 Cj N89'16'50"W 2635.34' 28 33 r� /00 N71*06'1 2"ELO 13.00' / o Point of Beginning " Easement No. 4CO 1 . 1 iA Ln 1 N65' 16'1 8"Ww 17.96' N24'47'28"E 18.82' Point of Beginning Easement No. 5 Curve Table No. Length Radius Delta Ch Bearing Ch Len C1 206.96' 638.00' 18'35'12" S09'36'12"E 206.06' C2 202.75' 625.00' 18'35'12" N09'36'1 2"W 201.86' 0 s0 100 �___.� *" _. 7 Scale in Feet `a��. i CO � � �. M U 00 CO o �- t N45'1836"W 18.38' _ W, Grand Rapids Dr, ^SII}E°k�N^„ CSFB afIT1:U6 PAif "."_,,.---- The Oaks South Subdivision No. 6 - Toll id L.L.C. S{'ILEt TNta OOCUMEHT,).)fp'ffiE W-X}X+P GE5 $+hCO 1FCHATE9 NER'_vt AB ANINIITR+JHE+iT OFPAOFEII6+ONAl6EgVx iY THE PP(X^FAtttlF JL+J6Hod+E;R6, (rte. ANh+S HOr uidE WCO qo'V .4 014 PART, JISfS.Y"ctO ib DlA UUM"f1Y iMM �I,y� Cit- of Meridian-- Multi -Use Pathway Easement No. 4 and 5 FORANY OTNER PROJECTYaHOJTTHE EXPREF wUrTEN Al iQgrzAr,um OFJ-UE EACINEERS,1!IC p£f11Cdt AY'CkU =—=-011' e 'AIrCAU)nY:CVA -- " Located in the Southeast Quarter of the Northwest Quarter of Section 33, '= .• ._ __ ._ _....____.___.. �,, J•1J•8 ENGINEEflS, INC. otivnship 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idalio Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Resolution No: 17 �)OLl0 : A Resolution Declaring A Police Radar Trailer as Surplus Property and Donating the Radar Trailer to the Wilder Police Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. l — 60 Gw BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE A RADAR TRAILER TO THE WILDER POLICE DEPARTMENT. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain Radar Trailer as attached in Exhibit "A" as surplus as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to other government agencies when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the Radar Trailer would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the Radar Trailer listed in Exhibit "A" to Wilder Police Department, a government agency, the mission of which is to provide their community the highest quality law enforcement possible, with a professional, friendly and helpful attitude towards the citizens they are dedicated to serve. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that a certain Radar Trailer as attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the Radar Trailer listed in Exhibit "A" to the Wilder Police Department. 2017. ADOPTED by the City Council of the City of Meridian, Idaho, this %b day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this /0 day of October, 2017. APPROVED: oe49v. '��GST ATTEST: ,s Ch. of o w ANS y: - Mayoram y de Weerd SE 'D""° C. y Col ,City Clerk A v �2olrhe �� TREAS RESOLUTION AUTHORIZING DONATION OF RADAR TRAILER TO WILDER POLICE DEPARTMENT �E IDIAN --- CITY OF MERIDIAN PROPERTY INFORMATION FORM CITY TAG # RT1 MODEL Radar trailer DESCRIPTION 1 qQ 5 Radar Trailer MANUFACTURER Mighty Mover DEPARTMENT Police DEPARTMENT CONTACT Stacey Pechin LOCATION Police Dept. SERIAL / VIN # 4AGAU12S7SCO20918 ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN IS $0.00,n ed njno documentation available 22 years /Uotgqr-an+--Pu-6ra Kmw c1zi) 'l - .QN�IEsFt'dCy C -1sT Addition (No additional information regbfred) PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell I would like to donate this trailer. Chief Dusty Tveidt of the Wilder Police Department said his agency would benefit from this trailer. He has been made X Donation/Transfer aware of the physical condition and maintenance needed. If donation is Trade In approved he has agreed to pick it up and put it on a flat bed if Discard/Recycle necessary. "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY Trailer would benefit from tires and axle maintenance, batteries, and paint. Speed display is not as bright and accurate as newer technology. Replacement was approved on G100 form for FY18. CONDITION OF PROPERTY TO BE DISPOSED Physically aged with poor paint and rust, also in need of mechanical maintenance. Trailer has no monetary value other than scrap metal. I/ Af6p, t 'rector Approval Date CI •22-� F i n a n c prov Date Mayor Approval Date (� FOR FINANCE USE ONLY FA# A//A GL Code: d-2110" 34995 Resolution No.: Approved by Council Date: Final Disposition of Property: C:\Users\jlavey\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\CIUMNSBE\Radars disposal -donation request 1 of 2 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork in Initial Point Gallery, Meridian City Hall between City of Meridian and Bonnie Zahn Griffith, for a quarter gallery November 2017 Mark Davis, for a quarter gallery November 2017 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the L�2 day of October, 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bonnie Zahn Griffith, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: L SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 3, 2017, at such time as is specified by the Commissions & Committees Specialist. Artist shall be responsible for hanging such artwork on November 3, 2017, at the direction of the Commissions & Committees Specialist; shall allow the display of such work in Initial Point Gallery from November 3, 2017 through November 30, 2017, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 1, 2017, at such time as is specified by the Commissions & Committees Specialist. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Commissions & Committees Specialist, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork. from the Gallery, provided that Artist ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Commissions & Committees Specialist prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between September 3, 2017 and October 3, 2017 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Commissions & Committees Specialist and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Commissions & Committees Specialist or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Commissions & Committees Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Commissions & Committees Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Commissions & Committees Specialist the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Commissions & Committees Specialist. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and 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 Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. 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, and whether previous to the execution hereof or contemporaneous herewith. 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. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. 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. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. 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. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Bonnie Zahn Griffith Hillary Bodnar 3012 N. Springtime Way Commissions & Committees Specialist Meridian, ID 83646 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. 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 written above. I Bonnie Zahn Griffith CITY OF MERIDIAN: r o _0 0 �p�Ctl�uf w CAVI IE .IDIAN� -4 IDAHO \ SEAL Attest: dJay Col , City Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 8 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ACKNOWLEDGMENTS FORM ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 'day of October, 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Mark Davis, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 3, 2017, at such time as is specified by the Commissions & Committees Specialist. Artist shall be responsible for hanging such artwork on November 3, 2017, at the direction of the Commissions & Committees Specialist; shall allow the display of such work in Initial Point Gallery from November 3, 2017 through November 30, 2017, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 1, 2017, at such time as is specified by the Commissions & Committees Specialist. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Commissions & Committees Specialist, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Commissions & Committees Specialist prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between September 3, 2017 and October 3, 2017 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Commissions & Committees Specialist and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Commissions & Committees Specialist or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Commissions & Committees Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Commissions & Committees Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Commissions & Committees Specialist the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Commissions & Committees Specialist. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and 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 Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. 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, and whether previous to the execution hereof or contemporaneous herewith. 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. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. 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. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. 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. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Mark Davis Hillary Bodnar 2919 N. Norman Dr. Commissions & Committees Specialist Boise, ID 83704 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement, I xecution ofthis Agreement by the persons referenced below prier to such ratilication or approv((I shall not be construed as proof of validity in the absence of IMCI'idi(ut 1`'il. Council approval. IN WITNESS WHEREOF. the parties hereto have executed tills Agreement on the Fl eetive Date written above. ARTIST: CITY OF NIE'RIDIANt By:Tamm, -10 11MY .tl= -TED ZA QO�pUG�S T O 20 � �Cuvof W�w -iDAN O \�. SEAL,/ Attest: U I.1y Cole., Cite Clerk - - - — A( ( 1 viv,( I A(,HI i %ii -`.I II•:1111.1'I V\1,1 (+ ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 8 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ACKNOWLEDGMENTS FORM ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4J PROJECT NUMBER: H-2017-0108 ITEM TITLE: Volterra Commercial North Final Order for Volterra Commercial North (H-2017-0108) by WHPacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile MEETING NOTES 9, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA NORTH COMMERCIAL SUBDIVISION (H-2017-0108) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 26, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF SEVEN (7) COMMERCIAL BUILDING LOTS ON 14.125 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR VOLTERRA NORTH COMMERCIAL SUBDIVISION. BY: WHPACIFIC, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0108 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 26, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING VOLTERRS NORTH COMMERCIAL SUBDIVISION, LOCATED IN THE NORTH ½ OF THE NE ¼ OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 07/19/2017, TRAVIS P. FOSTER, PLS, SHEET 1 OF 3,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA NORTH COMMERCIAL SUBDIVISION (H-2017-0108) Page 2 of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 26, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the Cit y Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. -117 By action of the City Council at its regular meeting held on the U day of siclb6P-- ,2017. Tammy de W Mayor, Cit Meridian Attest: 04 °tee°`" �"S\ V '0 c ily or w EIDIAN!-- IDAHO C. Ja Coles x City Clerk ��ti SEAL r��Ojthe TREPSJ�� Copy served upon the Applicant, Planning and Development Services Divisions of the Cormnunity Development Department and City Attorney. Dated: 0U , gol� ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA NORTH COMMERCIAL SUBDIVISION (H-2017-0108) Page 3 of 3 EXHIBIT A Volterra Commercial North – FP H-2017-0108 1 STAFF REPORT MEETING DATE: September 26, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Volterra Commercial North – FP (H-2017-0108) I. APPLICATION SUMMARY The applicant, WHPacific, Inc, has applied for final plat (FP) approval of 7 commercial building lots on 14.125 acres of land in the C-G zoning district for Volterra Commercial North. II. STAFF RECOMMENDATION Staff recommends approval of the Volterra Commercial North final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0108 as presented in the staff report for the hearing date of September 21, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0108, as presented during the hearing on September 21, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0108 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the south side of W. McMillan Road, west of N. Ten Mile Road, in the NE ¼ of Section 34, T. 4N., R. 1W. B. Applicant: Matt Munger/WHPacific, Inc. 2141 W. Airport Way Suite 104 Boise, Idaho 83705 C. Owner: Cottonwood Development, LLC 55 Tappan Road San Anselmo, CA 94960 EXHIBIT A Volterra Commercial North – FP H-2017-0108 2 D. Representative: Matt Munger/WHPacific, Inc. 2141 W. Airport Way Suite 104 Boise, Idaho 83705 V. STAFF ANALYSIS The proposed final plat depicts 7 commercial building lots on 14.125 acres of land in a C-G zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-10-004). Because the number of proposed buildable lots is the same as shown on the approved preliminary plat, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-05-040; PP-05-039; PP-05-040; CUP-05-041; Instrument # 110051282; RZ-10-005; PP-10- 004 and PP-10-005) 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the previous final plat phase, by June 8, 2018, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat included in Exhibit C prepared by WHPacific, stamped on 7/19/17 by Travis P. Foster, shall be revised as follows: a. Note #8: Include the recorded instrument number of the ACHD License Agreement. b. Note #9: Include the recorded instrument number. 5. The landscape plan included in Exhibit D prepared by South Landscape Architecture, dated 9/12/2016, is approved as shown. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. Correct the line work to show the proper line type for the south boundary of the subdivision. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. EXHIBIT A Volterra Commercial North – FP H-2017-0108 3 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. EXHIBIT A Volterra Commercial North – FP H-2017-0108 4 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 10/8/10) C. Proposed Final Plat (dated: 7/8/17) D. Proposed Landscape Plan (dated: 9/12/16) EXHIBIT A Volterra Commercial North – FP H-2017-0108 5 Exhibit A – Vicinity/Zoning Map EXHIBIT A Volterra Commercial North – FP H-2017-0108 6 Exhibit B – Preliminary Plat (dated: 10/8/10) EXHIBIT A Volterra Commercial North – FP H-2017-0108 7 Exhibit C – Proposed Final Plat (dated: 7/8/17) EXHIBIT A Volterra Commercial North – FP H-2017-0108 8 Exhibit D – Proposed Landscape Plan (dated: 9/12/16) EXHIBIT A Volterra Commercial North – FP H-2017-0108 9 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4K PROJECT NUMBER: H-2017-0123 ITEM TITLE: Volterra Commercial South Final Order for Volterra Commercial South (H-2017-0123) by WHPacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA SOUTH COMMERCIAL SUBDIVISION (H-2017-0123) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 26, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THREE (3) COMMERCIAL BUILDING LOTS ON 4.74 ACRES OF LAND IN THE L-O ZONING DISTRICT FOR VOLTERRA SOUTH COMMERCIAL SUBDIVISION. BY: WHPACIFIC, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0123 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 26, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING VOLTERRS SOUTH COMMERCIAL SUBDIVISION, LOCATED IN THE NORTH ½ OF THE NE ¼ OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 08/15/2017, TRAVIS P. FOSTER, PLS, SHEET 1 OF 3,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA SOUTH COMMERCIAL SUBDIVISION (H-2017-0123) Page 2 of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 26, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the Cit y Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the DGS 6el- , 2017. Tammy de e d QO�pTEDAUG�sr Mayor, rty Meridian Attest: p� � 0 (111 or w E IDIAN*-- IDAHO C. Coles SEAL City Clerk day of Copy served upon the Applicant, Planning and Development Services Divisions of the Comrnunity Development Department and City Attorney. By: OM&U 1A)(W ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA SOUTH COMMERCIAL SUBDIVISION (H-2017-0123) Page 3 of 3 EXHIBIT A Volterra Commercial South – FP H-2017-0123 1 STAFF REPORT MEETING DATE: September 26, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Volterra Commercial South – FP (H-2017-0123) I. APPLICATION SUMMARY The applicant, WHPacific, Inc, has applied for final plat (FP) approval of 3 commercial building lots on 4.74 acres of land in the L-O zoning district for Volterra Commercial South. II. STAFF RECOMMENDATION Staff recommends approval of the Volterra Commercial South final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0123 as presented in the staff report for the hearing date of September 21, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0123, as presented during the hearing on September 21, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0123 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the south side of W. McMillan Road, west of N. Ten Mile Road, in the NE ¼ of Section 34, T. 4N., R. 1W. B. Applicant: Matt Munger/WHPacific, Inc. 2141 W. Airport Way Suite 104 Boise, Idaho 83705 C. Owner: Cottonwood Development, LLC 55 Tappan Road San Anselmo, CA 94960 EXHIBIT A Volterra Commercial South – FP H-2017-0123 2 D. Representative: Matt Munger/WHPacific, Inc. 2141 W. Airport Way Suite 104 Boise, Idaho 83705 V. STAFF ANALYSIS The proposed final plat depicts 3 commercial building lots on 4.74 acres of land in an L-O zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-10-005). Because the number of proposed buildable lots is the same as shown on the approved preliminary plat, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-05-040; PP-05-039; PP-05-040; CUP-05-041; Instrument # 110051282; RZ-10-005; PP-10- 004 and PP-10-005) 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the previous final plat phase, by June 8, 2018, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat included in Exhibit C prepared by WHPacific, stamped on 7/19/17 by Travis P. Foster, shall be revised as follows: a. Note #8: Include the recorded instrument number of the ACHD License Agreement. b. Note #9: Include the recorded instrument number. 5. The landscape plan included in Exhibit D prepared by South Landscape Architecture, dated 9/12/2016, is approved as shown. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway EXHIBIT A Volterra Commercial South – FP H-2017-0123 3 District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits beyond the three (3) allowed by the amended development agreement #2016- 062220. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. EXHIBIT A Volterra Commercial South – FP H-2017-0123 4 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. City Council granted a waiver with the preliminary plat to allow the Purdam and Taylor drains to remain open in their re-located locations. V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 10/8/10) C. Proposed Final Plat (dated: 8/15/17) D. Proposed Landscape Plan (dated: 9/12/16) EXHIBIT A Volterra Commercial South – FP H-2017-0123 5 Exhibit A – Vicinity/Zoning Map EXHIBIT A Volterra Commercial South – FP H-2017-0123 6 Exhibit B – Preliminary Plat (dated: 10/8/10) EXHIBIT A Volterra Commercial South – FP H-2017-0123 7 Exhibit C – Proposed Final Plat (dated: 8/15/17) EXHIBIT A Volterra Commercial South – FP H-2017-0123 8 Exhibit D – Proposed Landscape Plan (dated: 9/12/16) EXHIBIT A Volterra Commercial South – FP H-2017-0123 9 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4L PROJECT NUMBER: H-2017-0120 ITEM TITLE: Barger Subdivision Findings of Fact, Conclusions of Law for Barger Subdivision (H- 2017-0120) By Maverik, Inc. Located at 1515 E. Fairview Ave MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0120 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Short Plat Consisting of Two (2) Building Lots on 5.136 Acres of Land in the C-G Zoning District for Barger Subdivision, by Maverik, Inc.. Case No(s). H-2017-0120 For the City Council Hearing Dates of: September 26, 2017 (Findings on October 10, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 26, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 26, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 26, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 26, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 26, 2017, incorporated by reference. The conditions are concluded to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0120 - 2 - be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 26, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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 September 26, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM 1�2 day of VOTED VOTED VOTED VOTED VOTED �& VOTED — MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 01-11bkA 101 `A7 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 1-1-2017-0120 -3- MAYOR 3 - EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 1 STAFF REPORT HEARING DATE: September 26, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Barger Subdivision – SHP (H-2017-0120) I. APPLICATION SUMMARY The applicant, Maverik, Inc., has applied for short plat (SHP) approval of 2 building lots on 5.136 acres of land in the C-G zoning district for Barger Subdivision. II. STAFF RECOMMENDATION Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. The Meridian City Council heard these items on September 26th, 2017. At the public hearing the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: David Rabeck, Applicant’s Representative; Todd Meyers, Applicant ii. In opposition: None iii. Commenting: David Rabeck, Todd Meyers iv. Written testimony: Elizabeth Hunt Sorenson, Applicant (in agreement with staff report conditions) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. The location of access points to the property from Fairview Avenue. d. Key Council Changes to Staff Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0120 as presented in the staff report for the hearing date of September 26, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0120, as presented during the hearing on September 26, 2017, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 2 Continuance I move to continue File Number H-2017-0120 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notification published on: September 8, 2017 c. Radius notices mailed to properties within 300 feet on: August 28, 2017 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1515 E. Fairview Avenue on the south side of E. Fairview Avenue, west of N. Locust Grove Road, in the NE ¼ of Section 7, Township 3N., Range 1E. B. Applicant/Agent(s): Maverik, Inc. 185 South State Street Salt Lake City, UT 84111 C. Owner: Russell S. Barger 8852 Clouis Boise, ID 83709 D. History: In 2016, the property received approval for annexation and zoning of 3.907 acres of land to the C-G zoning district (H-2016-0027). VI. STAFF ANALYSIS 120 VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 6/13/17) 3. Landscape Plan (dated: 6/14/16) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 3 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 4 Exhibit A.2 – Short Plat (dated: 6/13/2017) EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 5 Exhibit A.3: Landscape Plan (stamp dated: 6/14/16) EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 6 Exhibit B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the annexation and DA (H-2016-0027, Inst. #2017-055347) approved for this property. 2. The final plat prepared by Robert D. Kunz, Reeve and Associates, Inc., dated: 6/13/2017, shall be revised as follows: a. Include a note that reads: This subdivision is subject to the development agreement Instrument Number #2017-055347. 3. The landscape plan, prepared by The Land Group, stamped & dated on 2/3/17, shal;l be revised as follows: a. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of the site along E. Fairview Avenue and N. Locust Grove Road in accord with UDC 11-3B-7C. Construct a minimum of a 25-foot wide landscape buffer abutting the residential property to the south in accord with UDC 11-3B-9C. All landscape and frontage improvement associated with the site including the landscape buffers and sidewalks shall be constructed with the first phase of development. 4. Except for the access points approved by the Barger Subdivision, direct access to N. Locust Grove Avenue is prohibited. 5. The applicant is required to submit a Certificate of Zoning Compliance and Administrative Design review application for approval of the proposed use and site layout from the Planning Division prior to applying for a building permit application. 6. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 7. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 8. Applicant shall be required to extend a sanitary sewer main in the driveway from the north driveway approach to the south to provide service to the future development on Lot 2, Block 1. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 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. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 7 GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 8 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface 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, EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 9 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. EXHIBIT A Barger Subdivision – SHP H-2017-0120 PAGE 10 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is C-G. Staff finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the applicable district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision and subsequent development; however, staff does not believe that it will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated wit h the development of this site. Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4M PROJECT NUMBER: H-2017-0093 ITEM TITLE: Overland and Linder Apartments Developement Agreement for Overland and Linder Apartments - H -2017-0093 with Evangelical Lutheran Church of America (OWNER) and Southridge Development Company (DEVELOPER) located on the southside of W. Overland Road, wes of S. Linder Road in the NE 1/4 of Section 23, Township 3 North, Range 1 West. (Parcel #S1223120620) MEETING NOTES Fa 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 2017-096818 BOISE IDAHO Pgs=33 LISA BATT 10/11/2017 02:56 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Evangelical Lutheran Church of America, Owner 3. Southridge Development Company, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of (�CA-C)bEJC , 2017 (the "Effective Date"), by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, Evangelical Lutheran Church of America, whose address is 8765 W. Higgens Road, Chicago, IL 60631, hereinafter called OWNER, and Southridge Development Company, a Delaware limited liability company, whose address is 6710 E. Camelback Road, Suite 100, Scottsdale, AZ 85251, hereinafter called DEVELOPER, 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that 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 owners and/or developers make a written commitment concerning the use or development of the real property; 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; 1.4 WHEREAS, the Property is subject to a Development Agreement, as recorded in the records of the Ada County Recorder under recording number 107074205, and recorded on May 24, 2007, hereinafter called the PRIOR DEVELOPMENT AGREEMENT, 1.4 WHEREAS, Owner and/or Developer have submitted an application for the for a modification of the Development Agreement for the purpose of removing the subject property from the governing Development Agreement (instrument #113077158) and entering into a new Development Agreement to develop a 336 -unit multi -family project on 19.50 acres of land under the UDC, which generally describes how the Property will be developed and the improvements to be made; MVELOPMENTAGREEh1ENT—UNDER AND OVERLANDAPARTh1EN7s (1-1-2017.0093) PAGE L OF 1.5 WHEREAS, Owner/Developer have made representations at public hearings before the Meridian City Council as to how the Property will be developed and what improvements will be made; 1.6 WHEREAS, the record of the proceedings for the requested development agreement modification with respect to the Property held before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; 1.7 WHEREAS, on the I9a' day of September, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which will be incorporated into this Agreement and are attached as Exhibit "B"; 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into this Agreement before the City Council will take final action on final plat; 1.9 WHEREAS, the Property will, pursuant to this Agreement, be removed from the Prior Development Agreement; 1.10 WHEREAS, Owner and/or Developer deem it to be in their respective best interests to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their respective urging and request; and 1.11 WHEREAS, City requires Owner and/or Developer to enter into this Agreement for the purpose of ensuring that the Property is developed, and that the subsequent use of the Property is in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: The parties acknowledge and agree that the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: is defined in the preamble. 3.2 OWNER: is defined in the preamble, and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: is defined in the preamble and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT- LINDER AND OVERLAND APARTMENTS (H-2017-0093 PAGE 2 OF 8 3.4 PROPERTY: is defined in the recitals. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement and the Findings. Notwithstanding the foregoing: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC, and 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Development of the Property shall generally comply with the concept plan and building elevations in Exhibit A.3 and A.4 of the Staff Report attached to the Findings, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). b. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by the City Council in accord with UDC 11-3A-3. C. Any future multi -family use on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G. d. Developer shall be entitled to construct a maximum of 336 residential units may be constructed on the Property. e. Developer shall incorporate the three (3) retention ponds on the Property as part of the proposed development as depicted in Exhibit AA of the Staff Report that is attached to the Findings. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6) months after the date of the Findings or it is null and void. 7. FINDINGS: The Findings are incorporated into this Agreement as if set forth fully herein. S. PRIOR DEVELOPMENT AGREEMENT: The parties acknowledge and agree that by executing this Agreement, the Property is removed from the Prior Development Agreement, all obligations that would otherwise be applicable to Developer under the Prior Development Agreement are replaced in their entirety with the obligations contained herein, and DEVELOPMENT AGREEMENT LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 3 of 8 that, with respect to the Property, this Agreement amends, restates and replaces the prior Development Agreement in its entirety. 9. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 9.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 9.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 9.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT .CINDER AND OVERLAND APARTMENTS (H-2017-0093 PAGE 4 OF 8 10. INSPECTION: Owner and/or Developer shall, promptly, upon completion of the development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. ]I. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer. if for any reason after such recordation, the Agreement becomes null and void, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: The Property shall be zoned as provided in the Findings. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of improvements required by the Findings, which the Owner and/or Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 15. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: Evangelical Lutheran Church of America 8765 W. Higgins Road Chicago, IL 60631 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Southridge Development Company, LLC c/o The Wolff Company Attn: H. Curtis Keller 6710 E. Came lback Road, Suite 100 Scottsdale, AZ 85251 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT -- LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 5 OF 8 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property; provided that, upon the sale of the Property, Owner and/or Developer, as applicable, shall be released from the obligations hereunder. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 22. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 6 OF 9 23.1 No condition this Agreement regarding the Property herein provided for can be modified or amended without the approval of the City Council and in accordance with applicable law. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the Effective Date. [end of text; signatures, acknowledgements, and Exhibits A and B follow] IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER: M *,Ss i -i -TnVes4m&)+ {j4r)d o F Evangelical Lutheran Church of America 40 A 2 94v - DEVELOPER: Southridge Development Company, LLC, a Delaware limited liability company By: H. Curtis Keller Its: Secretary CITY OF MERIDIAN ATTEST: -I ED _O�e STS By • of L MayorZa,Tafy de Weerd E IDIAN� IDAHO SEAL DEVELOPMENT AGREEMENT— CINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE. 7 OF 9 23.1 No condition this Agreement regarding the Property herein provided for can be modified or amended without the approval of the City Council and in accordance with applicable law. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the Effective Date. [end of text; signatures, acknowledgements, and Exhibits A and B follow] IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER: Evangelical Lutheran Church of America I: DEVELOPER: Southridge Development Company, LLC, a Delaware limited liability company By: If. 6fr"tis Keller Its: Secretary CITY OF MERIDIAN ATTEST: 0 -on Mayor Tammy de Weerd C. Jay Coles, City Clerk DEVELOPMENT AGREEMENT -CINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 7 OF 8 STATE OF Zt_u'Nb� i ' CC' County of eg"M%A. ACKNOWLEDGMENTS On this If day of C7v�,Or , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared�t-t-tt p,,,t+,_— known or identified to me to be the {hdt1AJnG-Mrf. of Evangelical Lutheran Church of America who signed above and acknowledged to me that he executed the some on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and fl certificate rs a OFFICIAL SEAL. (SEAL) KIMBERLY L CHARLESTD18 Notary Public • State of IlliNo ry Pu My Commission Expires Jul 2Residing a. My Comm STATE OF ss: County of ) my official seal the day and year in this for Expires: _7, On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Southridge Development Company who signed above and acknowledged to me that he executed the same on behalf of said corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ss County of Ada } Notary Public for Residing at: My Commission Expires: On thi141 s day of (�f)%2Y , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Coles, known 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. (SEAT.) •.••""••.• Notary Public for Idaho, .*,y�NE [�••. Residing at: ,ate �� Commission expires: - oRR • — DEv&oPMENT' 1C1 ' O i l.�NDER AND OVERLAND APARTAiENTS {H-2417-0493} IsAGB$ of $ •�•• ATE _uF 6 0 0 0 •@see moo STATE OF HWXN County of ACKNOWLEDGMENTS On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Evangelical Lutheran Church of America who signed above and acknowledged to me that he executed the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: STATE OF Z A : SS: County of '(\a6Cocx,� ) On this- SC. day o iQC;��, 2017, before me, the undersigned, a Notary Public in and for said State, personall ap eared ' ( S .(( F.>--- known or identified to me to be the of Southridge Development Company who signed above and acknowledged to me that he executed 1'e same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "+=Public T (SEAL) _izonaty otary Public or AC— �, • c 17, 2017 Residing at: My Commission Expires: 17— -1 "7,-1'7 STATE OF IDAHO ss County of Ada On this day of 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT- LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 8 OF 8 EXHIBIT A Linder and Overland Apartments – H-2017-0093 EXHIBIT A Linder and Overland Apartments – H-2017-0093 EXHIBIT A Linder and Overland Apartments – H-2017-0093 EXHIBIT A Linder and Overland Apartments – H-2017-0093 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to Amend the Recorded Development Agreement (DA) (instrument 113077158) for the Purpose of Removing the Subject Property from the Governing DA and Entering into a new DA to Develop a 336-unit Multi-family Project, by Wolff Enterprises II, LLC. Case No(s ). H-2017-0093 For the City Council Hearing Date of: July 25 andAugust 22, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 22, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 22, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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 22, 2017 By action of the City Council at its regular meeting held on the day of GqJ 2017. COUNCIL PRESIDENT KEITH BIRD VOTED % e COUNCIL VICE PRESIDENT JOE BORTON VOTED yell COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC41 COUNCIL MEMBER. TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED Ya' COUNCIL MEMBER GENESIS MILAM VOTED I&t MAYOR TAMMY de WEERD VOTED TIE BREAKER) amm Weerd Attest: O Qo p"I AUGVST', 2ow c11y or E IDIS IANC- IOAHO C, ay Co w City Clerk Z SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: wvba-Q W Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 3 - EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 1 STAFF REPORT HEARING DATE: August 22, 2017 Continued from July 25, 2017) TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208) 884-5533 SUBJECT: Linder and Overland Road Apartments – H-2017-0093 I. SUMMARY DESCRIPTION OF REQUEST The applicant, Wolff Enterprises II, LLC, is requesting to amend the recorded development agreement (DA) (instrument #113077158) for the purpose of removing the subject property from the governing DA and entering into a new DA to develop a 336-unit multi-family project. For informative purposes, the applicant has provided a concept plan and sample elevations that represents the future design of the proposed development. Further, refinement of the site plan and building elevations will occur with the submittal of a certificate of zoning compliance and administrative design review application if Council grants approval of the subject DA modification. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII and the Exhibits A.3-A.6 in the staff report. The Meridian City Council heard this item on July 25 and August 22, 2017. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: ii. In opposition: None iii. Commenting: Nancy Szofran (in opposition), Stephanie Downs (in opposition) and Adam Braden (in opposition) iv. Written testimony: None v. Staff presenting application: Bill Parsons and Warren Stewart vi. Other staff commenting on application: Bill Nary b. Key issue(s) of Public Testimony: i. Too many apartments in Meridian. ii. Surrounding neighbors were not informed of the proposed multi-family development. iii. Adequate public services to serve multi-family developments. c. Key Issues of Discussion by Council: i. Landscape design of the ACHD retention ponds and confirmation from ACHD on the inclusion of the ponds as qualified open space. ii. Design of the proposed development. iii. Public hearing notification regarding development agreement modifications. iv. Adequate water and sewer capacity to serve the proposed development with the increase in density. v. Parking ratio for the proposed development. vi. Add a minimum of two tot lots as amenities for the development. d. Key Council Changes to Staff Recommendation i. Council required additional exhibits to be included in the development agreement (see Exhibit A.3 and A.4). EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 2 ii. DA provision #5 – Council struck the requirement to coordinate with ACHD on the inclusion of the ACHD retention ponds. Both staff and the applicant contacted ACHD and it was confirmed that the applicant could improve the retention ponds and incorporate them into the overall open space of the proposed development. iii. DA provision #6 – Council struck this DA provision. AutoCAD file was submitted to Public Works for modeling after the July 25th hearing. The modeling determined there was adequate water and sewer capacity to serve the proposed development. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number H-2017- 0093, as presented in staff report for the hearing date of August 22, 2017, with the following changes: insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the provisions noted in Exhibit A.6. Denial After considering all staff, applicant, and public testimony, I move to deny file number H-2017-0093, as presented during the hearing on August 22, 2017. (You should state why you are denying the request.) Continuance I move to continue file number H-2017-0093 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of W. Overland Road, west of S. Linder Road in the NE ¼ of Section 23, Township 3 North, Range 1 West. (Parcel S1223120620) B. Applicant: Wolff Enterprises, LLC 6710 E. Camelback Road, Suite 100 Scottsdale, AZ 85251 C. Evangelical Lutheran Church of America 8765 W. Higgins Road Chicago, IL 60631 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: July 7, 2017 C. Radius notices mailed to properties within 300 feet on: June 29, 2017 D. Applicant posted notice on site by: July 14, 2017 VI. LAND USE A. Existing Land Use(s): The subject property is vacant property, zoned TN-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by undeveloped and underdeveloped commercial and residential properties, EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 3 zoned C-C, TN-C and TN-R. Near the proposed development are county residents and single- family homes, zoned, RUT, R-8 and TN-R. C. History of Previous Actions: In 2007, this property was annexed (AZ-06-031) with a development agreement (Instrument No. 107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision. A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10 original parcels of record that were of record in the Ada County recorder’s office prior to April 2, 1984. The boundaries of these parcels were adjusted so that the parcels that were consistent with the master concept plan and the development agreement could move forward without platting (ROS 8550). This site is parcel 2 on said record of survey. In 2008, a Conditional Use Permit (CUP-08-027) and a development agreement modification MDA-08-004) were approved on the subject property to develop an 87,757 square foot assisted living facility containing 187 residential units. The amended DA recorded as instrument #1111099621. The amended DA replaced the original DA approved with the annexation of the property noted above. In 2012, another development agreement modification (MDA-12-009) was approved by the City that replaced the DA approved with MDA-08-004. The recorded DA governing the site recorded as Instrument #113077158. VII. STAFF ANALYSIS The applicant wishes to remove the subject property from the original development agreement and enter into a new DA with the City. With the previous DA modification (MDA 12-009), the Council approved a new conceptual development plan and capped the number of residential units that could develop on the subject property (see Exhibit A.2). The approved concept plan depicts an assisted living facility, church and associated site improvements. The number of residential units that are currently allowed to develop on the property is 250 units. The applicant has submitted a new concept plan and conceptual building elevations depicting a 336- unit multi-family development consisting of fourteen (14) three-story apartment buildings and a 9,000 square foot clubhouse/community building, all to develop in a single phase. The new concept plan also depicts site access, open space/amenities, parking and site circulation (see Exhibit A.3 and A.4). The open space proposed for the project is approximately 1.86 acres and the applicant is proposing the following amenities: 1) Clubhouse; 2) pool and spa; 3) Fitness room; 4) Children’s play structure; and 5) two (2) barbecue areas and picnic areas. NOTE: The site is currently developed with three (3) ACHD retention ponds. To ensure that this is an attractive development, staff believes that the applicant should make every effort to incorporate these facilities into their proposed design. If the ponds are designed in accord with UDC 11-3B-11, these facilities could count towards the required open space for the proposed development. EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 4 The building materials proposed for the apartments and clubhouse include board and batten siding, fiber cement paneling, and composite shingles. In general, staff is supportive of the proposed building materials however, the proposed structures need to provide variations in design, building materials wall plane and rooflines as desired by the architectural standards manual (ASM). Compliance with the ASM will occur with the submittal of the design review application. If the DA modification is approved the underlying zoning of the property (TN-C) only requires the applicant to receive CZC and DES approval (staff level approval). In general, staff is supportive of the design concepts, open space and amenity package submitted with the application however; a comprehensive review of the submitted plans has not been done to ensure the plans as submitted comply with all of the multi-family standards and the design standards of the UDC and the ASM. Further refinement will be necessary to ensure the site and building designs comport with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Architectural Standards Manual (ASM) and the open space and site amenities set forth UDC 11- 3G and UDC 11-4-3-27. Staff recommends the following DA provisions be incorporated into a new development agreement as follows: 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi-family development on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11- 3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of the proposed development. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan (REVISED) 4. Proposed Building Elevations (REVISED) 5. Legal Description and Exhibit Map Subject to the New DA 6. Proposed Development Agreement Provisions EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 5 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 6 Exhibit A.2 – Approved Concept Plan Site EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 7 Exhibit A.3 – Proposed Concept Plan (REVISED) EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 8 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 9 Exhibit A.4 – Proposed Building Elevations (REVISED) EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 10 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 11 Exhibit A.5 – Legal Description and Exhibit Map Subject to the New DA EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 12 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 13 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 14 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 15 Exhibit A.6 – Recommended Development Agreement Provisions 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi-family use on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of the proposed development as depicted in Exhibit A.4. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development. Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4N PROJECT NUMBER: H-2017-0107 ITEM TITLE: Brickyard Subdivision Findings of Fact, Conclusions of Law for Brickyard Subdivision (H-2017-0107) by John Carpenter located at 3611 N. Centrepoint Way MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Accommodate the Proposed Development Plan; Conditional Use Permit for a Multi-Family Development Consisting of 215 Dwelling Units on 13.06 Acres of Land in the C-G Zoning District; and Preliminary Plat for 61 Building Lots and 4 Common Lots on 14.27 Acres of Land in the C-G Zoning District for Brickyard Subdivision, by John Carpenter. Case No(s). H-2017-0107 For the City Council Hearing Date of: October 3, 2017 (Findings on October 10, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 3, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement, conditional use permit and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 3, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 3 - use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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 October 3, 2017 By action of the City Council at its regular meeting held on the day of 6Cy&1— 2017. COUNCIL PRESIDENT KEITH BIRD VOTED /C -Gr COUNCIL VICE PRESIDENT JOE BORTON VOTED /a COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \/64 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: City Clerk Copy served -upon Applicant, Community Development Department; Public Works Department and City Attorney. By: Dated: ��y�� 1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 4 - EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 1 STAFF REPORT HEARING DATE: October 3, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brickyard Subdivision – CUP, PP, MDA (H-2017-0107) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, John Carpenter, has submitted an application for modification to the existing development agreement (MDA) to accommodate the proposed development plan; conditional use permit (CUP) for a multi-family development consisting of 215 dwelling units on 13.06 acres of land in the C-G zoning district; and preliminary plat (PP) consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C-G zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, CUP and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The MDA does not require action from the Planning & Zoning Commission, only City Council. The Meridian Planning & Zoning Commission heard these items on September 7, 2017. At the public hearing, the Commission moved to recommend approval of the subject CUP, PP and MDA requests. a. Summary of Commission Public Hearing: i. In favor: Jonathan Seel, James Doolin ii. In opposition: None iii. Commenting: Irene Shrier iv. Written testimony: James Doolin, Applicant’s Representative v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern regarding traffic impact on Ustick & Eagle Roads; desire for traffic calming for the driveway along the west boundary of the site; and effect of proposed development on property values. c. Key Issues of Discussion by Commission: i. The phasing of amenities for the development; ii. The adequacy of parking for the commercial uses associated with the vertically integrated residential units; d. Commission Change(s) to Staff Recommendation: i. At the request of the applicant, the 5-foot tall metal view fence depicted on the landscape plan along the east boundary of the site is proposed to be changed to a 6-foot tall vinyl privacy fence (see condition #1.2.2e). ii. At the request of the applicant, the splash pad, plastic contour benches and public art should be removed as proposed amenities as they were not intended to be included as amenities in the final plans (see modification to condition #1.2.4 and Exhibit A.6). EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 2 iii. Include a condition that requires speed bumps to be constructed within the driveway along the west property boundary for traffic calming (see condition #1.2.1d in Exhibit B). iv. Modify condition #1.2.4 in Exhibit B to allow the swimming pool, clubhouse, shelter and playground to be constructed with Phases 1 and 2 prior to issuance of any Certificate of Occupancies within the development. e. Outstanding Issue(s) for City Council: i. The Applicants requests Council approval of a waiver to UDC 11-3A-3 for the proposed accesses via the collector street (i.e. N. Centrepoint Way). The Meridian City Council heard these items on October 3, 2017. At the public hearing, the Council approved the subject MDA, CUP and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jonathan Seel, Applicant’s Representative; James Doolin, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Kyle Radek b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. The Council very much liked the proposed development. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the waiver request to UDC 11-3A-3 for the access proposed via the collector street (i.e. Centrepoint Way) (see condition #1.1.4). ii. At the request of Public Works’ staff, the applicant agreed and Council subsequently required the developer to connect the southeast portion of their water system to the existing main to the south (see condition #2.1.2). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0107, as presented in the staff report for the hearing date of October 3, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0107, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0107 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 approximately 1/3 of a mile north of E. Ustick Road and west of N. Eagle Road at 3611 N. Centrepoint Way, in the SE ¼ of Section 32, Township 4 North, Range 1 East. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 3 B. Applicant: John Carpenter, T-O Engineers 332 N. Broadmore Way, Ste. 101 Nampa, ID 83687 C. Owner: Jeff W. Moore PO Box 8204 Boise, ID D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit, preliminary plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat and conditional use permit; and a public hearing is required only before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 18, 2017 (Commission); September 15, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: August 10, 2017 (Commission); September 8, 2017 (City Council) D. Applicant posted notice on site(s) on: August 25, 2017 (Commission); September 22, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of 12 lots (Lots 9-11, Block 1 and Lots 16, 19-26, Block 2) in Centrepoint Subdivision No. 2, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residential properties, zoned RUT in Ada County South: Commercial properties, zoned C-G East: Vacant/undeveloped property and an office, zoned RUT in Ada County West: Single-family residential properties, zoned R-8 C. History of Previous Actions:  This property was annexed (AZ-03-025, Blue Marlin) in 2003 and zoned C-G; a development agreement was required as a provision of annexation, recorded as Instrument No. 105048793.  A modification to the development agreement (MI-05-017, Nesmith Annexation) was approved in 2005, recorded as Instrument No. 106060856, to add 1.5 acres of property to the provisions of the development agreement and reduce the landscape buffer along the west property boundary adjacent to the residential uses in Champion Park Subdivision to 10 feet.  A preliminary plat (PP-06-063) for CentrePoint North Subdivision was approved in 2007. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 4  A final plat (FP-07-011) for Phase 2 of the development which includes the subject property was approved in 2007 and recorded in 2016 (Book 110, Page 15889).  A new development agreement (Blue Marlin, MI-06-008) was approved in 2006, recorded as Instrument No. 106191305, which replaced the two earlier agreements (#105048793 and #106060856). This agreement removed the requirement for a conditional use permit/planned development to be submitted and included a conceptual development plan for the site. The Kohl’s parcel (#S0532449210) was excluded from this agreement and is still subject to the two aforementioned agreements.  A modification to the development agreement (Inst. #106191305) (MDA-12-007) was approved in 2012, recorded as Instrument No. 114002255, which amended the conceptual development plan and associated provisions of the agreement to allow the development of multi-family residential uses within CentrePoint Subdivision which was previously prohibited; “commercial/multi-family” was depicted on the concept plan as future uses for the subject property.  A modification to the development agreement (Inst. #106191305 & 114002255) was approved in 2016 to allow the development of a self-service storage facility with outdoor storage on the portion of this site that lies west of N. CentrePoint Way (H-2016-0057, Instrument No. 2016-079095). A conditional use permit (H-2016-0069) was also approved for a self-service storage (CentrePoint Storage) facility on that site.  A property boundary adjustment (A-2017-0133) for CentrePoint Subdivision No. 2 was tentatively approved on August 15, 2017 which adjusted the property lines between Lots 16 and 17, 18 and 19, and 18 and 26, Block 2. Final approval is required to be obtained within one year of the date of tentative approval. C. Utilities: 1. Location of sewer: The city currently owns and maintains sewer mains directly adjacent to the proposed development in N. Centerpointe Way. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development in N. Centerpointe Way. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer mains and services to the project. D. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN This property is designated Mixed Use – Regional on the Comprehensive Plan Future Land Use Map. The purpose of this 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 predominately 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. Mixed use developments are encouraged to be designed according to the conceptual MU-R plan depicted on page 30 of the Comprehensive Plan as shown below. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 5 The applicant proposes to development multi-family 4-plexes on the site containing a total of 215 dwelling units in townhome configurations; and 32 vertically integrated residential units with a total of 7,300 square feet of commercial space on the ground floor in two (2) 3-story buildings. The multi-family portion of the development requires conditional use permit approval in the C-G zoning district, the vertically integrated residential use does not. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed multi-family residential development will contribute to the variety of housing types available within this part of the City and will offer rental options for 3 bedroom units.  “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 3 bedroom units will contribute to the variety of residential housing options within the City; staff is unaware how “affordable” the units will be.  “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.6.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located in close proximity to the stores in CentrePoint Subdivision, The Village and Crossroads as well as major employment areas to the south (i.e. Blue Cross, Scentsy, PKG, St. Luke’s hospital and medical offices, etc.). The proposed housing development will provided much needed density in this area and housing options for employees in close proximity to their work place.  “Require open space areas within all development.” (6.01.01A) The proposed development is required to comply with the minimum common open space design standards listed in 11-4-3-27C for multi-family developments. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 6  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed site plan depicts 3 accesses on each side of N. CentrePoint Way, a collector street. Because the UDC (11-3A-3) limits access points to collector streets unless otherwise waived by City Council, Council approval of the proposed accesses is required.  “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.” (3.07.02, pg. 55) The proposed development is located near major access thoroughfares (SH 55/N. Eagle Rd./E. Fairview Ave.) and within a mile of Kleiner Park (a 60-acre City park).  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff feels the proposed 4-plex development should be a compatible use adjacent to single-family residential uses to the west and rural residential uses to the north as they are all residential in nature.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pathway stub currently exists at the west boundary of the site from Champion Park Subdivision, which will link the existing and proposed developments together. In accord with the above policies and for the above-stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the C-G district consist of the largest scale and broadest mix of retail, office, service and light industrial uses and are typically located in close proximity and/or with access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A multi-family development is listed as a conditional use; retail stores and vertically integrated residential projects are listed as a permitted use in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping: Street buffer, parking lot and buffers to adjoining residential uses are required to be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3B-7C, 11-3B-8C and 11-3B-9C for the C-G zoning district. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 7 E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-family dwellings & vertically integrated residential uses. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the standards listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to modify the existing developments (Instrument #106191305,114002255 and 2016-079095) to change the development plan on the west side of CentrePoint Way from a self-service storage facility to a multi- family development; and the east side of CentrePoint Way from multi-family and commercial/retail to multi-family and vertically integrated residential. The proposed conceptual development plan consists of a total of 247 dwelling units with 215 units in 2 and 3-story four-plex townhome configurations and 32 dwelling units above and behind commercial spaces totaling 7,300+/- square feet in two (2) vertically integrated structures (see Exhibit A.2 for existing and proposed concept development plans). The applicant also proposes to amend the DA to include changes to the text of the agreement as noted in Exhibit A.3. Staff has also included recommendations for modifications to the applicant’s request as well as new provisions based on the proposed development plan. Please see Exhibit A.3 for more information. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C-G zoning district for Brickyard Subdivision (see Exhibit A.5). This is a re-subdivision of Lots 9-11, Block 1 and Lots 16, 19-26, Block 2, Centrepoint Subdivision No. 2. A property boundary adjustment (A-2017-0133) was recently tentatively approved (subject to final approval) that created the boundary configuration of the subject property. Prior to submittal of the first final plat application, the PBA approval should be finalized. Phasing: The plat is proposed to develop in four separate phases, beginning at the north end of the site on the east side of N. Centrepoint Way; the majority of the site amenities are proposed to be constructed in Phase 4, the last phase (see phasing plan in Exhibit A.5). Because the dog park and two shelters are the only amenities proposed in the first three phases of development, Staff recommends the amenities proposed on Lot 1C, Block 2 consisting of a swimming pool, splash pad, community center, shelter and playground are constructed with the first phase of development. Dimensional Standards: The proposed plat is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. There is no minimum lot size or street frontage requirements but there is a maximum building height allowed of 65 feet. Access/Traffic: Access to streets should comply with the standards listed in UDC 11-3A-3. Access to collector and arterial streets is limited unless otherwise approved by City Council. This site abuts a private driveway along the south boundary of the site and N. Centrepoint Way bisects this site north/south; access via a local street is not available. Three private driveway accesses via N. Centrepoint Way, a collector street, are proposed on each side of the street – one of those is for access to the parking lot at the central common area on Lot 1C, Block 2, the others are for access to the residential units; City Council approval of the proposed accesses is required. Two driveway accesses are also proposed via the east/west private drive that connects to Eagle Road. There EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 8 are no existing stub streets to this property from adjacent properties that require extension nor are any proposed. A Traffic Impact Study (TIS) was submitted to ACHD for this project. A staff report has not yet been received from ACHD. Landscaping: Street buffers are required as set forth in UDC Table 11-2B-3 for the C-G district and landscaped in accord with the standards listed in UDC 11-3B-7C. A 20-foot wide street buffer is required to be provided along either side of N. Centrepoint Way, a collector street; a buffer is proposed as required with a 4-foot tall berm with a mix of evergreen and deciduous trees. A 10-foot wide street buffer is required to be provided along the north boundary of the site adjacent to Jasmine Lane, a private street, per the development agreement (Inst. #2016-079095). Per UDC 11-3B-7C.2, all residential buffers are required to be on a common lot, maintained by a homeowner’s association and shall be planted in accord with the standards listed in UDC 11-3B-7C. There are no existing trees on this site that are being removed that require mitigation. All street buffers are required to be planted with trees and shrubs, lawn, or other vegetative groundcover; a minimum density of one tree per 35 linear feet is required within street buffers. The calculations table shown on the landscape plan should be revised to reflect the linear feet of frontage on N. Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement. Subdivision Design & Improvement Standards: Compliance with the subdivision design and improvements standards listed in UDC 11-6C is required. Staff has reviewed the proposed plat and determined it to be in compliance with these standards. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Typically, a 5-foot wide detached sidewalk is required along collector streets; however, because N. Centrepoint Way wasn’t designated as a collector street when the initial development was approved, a 5-foot wide attached sidewalk was allowed to be constructed. Therefore, staff does not recommend the sidewalk is reconstructed to comply with this requirement. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. A sewer & water easement exists across Block 2 as depicted on the Centrepoint Subdivision No. 2 plat. Prior to submittal of the final plat for City Engineer signature on Phase 1, submit a written request for the relinquishment of the easement to the City (Inst. #2016-060153). Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A- 18. 3. CONDITIONAL USE PERMIT (CUP): A CUP is proposed for a multi-family development in a C-G zoning district containing a total of 215 dwelling units on 13.06 acres of land. The units are proposed to be configured as 4-plex townhomes (i.e. each unit has an upstairs and downstairs) – 39 of the units are in 2-story structures and 176 of the units are in 3-story structures. Note: Two vertically integrated buildings are also proposed within this development that contain a total of 32 dwelling units and 7,300+/- square feet of commercial area but are not included in the following analysis as the uses are permitted in the C- G district and do not required CUP approval. Analysis of the vertically integrated residential project will take place with the Certificate of Zoning Compliance application. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 9 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 applicant’s narrative states 82 square foot patios are proposed for each unit in compliance with 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 site plan depicts cluster mailboxes throughout the development which should include provisions for parcel mail; the property management office is proposed to be located in the community center; and the maintenance storage area will be located in one of the garage units at the east boundary of the site to the east of the vertically integrated buildings. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map for the development and the other required items.  A minimum of 350 square feet of common open space is required for each unit containing more than 1,200 square feet of living area. All of the proposed units are between 1,450 and 1,750 square feet; therefore, a minimum of 75,250 square feet (or 1.73 acres) of common open space is required for this development. The open space exhibit included in Exhibit A.7 depicts a total of 4.25 acres of common open space in accord with this requirement.  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11 -4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes internal pathways throughout the development; a 20’ x 20’ fabric sail shelter, a 16’ x 20’ dual slope pavilion, a 1,750 square foot fenced dog park, a 2,400 square foot open space/urban plaza for the vertically integrated units, a children’s play structure, a 20’ x 40’ outdoor swimming pool, splash pad, a clubhouse with a covered patio, a 50’ x 100’ grassy open area, a 20-30 yard x 25-35 yard U8 soccer/sports field, picnic tables, and park benches, plastic contour benches and public art. These amenities fall within the quality of life, open space and recreation categories as required and Staff feels they are commensurate for 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 plants. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face N. Centrepoint Way, Jasmine Lane and the east/west private driveway that lies along the south boundary of the site.  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.  A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. All buildings depicted on the site plan comply with this requirement.  All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. The applicant should comply with this EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 10 requirement; if any of these are proposed, they should be included on the landscape plan submitted with the Certificate of Zoning Compliance application. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (215) 3-bedroom units, a minimum of 430 parking spaces are required, 215 of which are required to be covered. A total of 594 parking spaces consisting of 254 garage spaces, 254 driveway spaces and 86 guest spaces are proposed which exceeds the minimum UDC standards by a total of 164 spaces. Two story units are proposed to have 2 car garage and 2 driveway spaces. Note: The afore-noted calculations were provided by the applicant; the calculations on the plat (sheet 1) are not correct and need to be revised. For non-residential uses such as the community center, a minimum of one space is required to be provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in UDC 11-3C-6B. Based on 1,600 square feet, a minimum of 3 spaces are required. A total of 8 parking spaces are proposed for the community center/splash pad/playground area in accord with UDC standards. 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 633 vehicle spaces proposed, a minimum of 26 bicycle spaces are required; a total of 48 spaces are proposed in several bicycle racks dispersed throughout the development in accord with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C and will be reviewed with individual Certificate of Zoning Compliance applications. The UDC (11-2B-3) requires a 25-foot wide buffer to residential uses in the C-G district; however, the development agreement (Instrument No. 106060856) allows a 10-foot wide buffer to be provided instead with the stipulation that trash compactors and loading docks not be allowed along the west side of the future buildings. Landscaping is required to be installed within this buffer in accord with the standards listed in UDC 11-3B-9C which require a dense buffer consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at maturity. Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall vinyl privacy fence is proposed along the north boundary of the site and shall be located at the back edge of the street buffer along Jasmine Lane. A 56-foot tall metal view vinyl privacy fence is also proposed along the east boundary of the site adjacent to future commercial uses. Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Site Amenities: Site amenities are as proposed in Exhibit A.6 and as noted above. The majority of the amenities for this site are proposed on Lot 1C, Block 2 in Phase 4 – the last phase of development. Staff recommends the swimming pool, splash pad, community center, shelter and playground is included in the first phase of development instead; the soccer field and open space may be completed with Phase 4 as proposed. Building Elevations: Two building types in various color schemes are proposed for the 4-plex structures within the development consisting of 3-story units and 3-story with 2-story units on each end as shown in Exhibit A.8. Buildings along the west boundary are proposed to be all 2-story 4-plexes to preserve view corridors of the adjacent development and provide a transition to the 3-story structures. To ensure EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 11 buildings are 2-stories along the west boundary, staff recommends a provision is added to the DA to restrict buildings to 2 stories in that area. The architectural character of the structures shall comply with the standards listed in the City of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application. 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 and structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual and conditions of approval in Exhibit B. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements 3. Proposed & Recommended Modifications to Development Agreement 4. Site Plan (dated: 7/13/2017) 5. Preliminary Plat & Phasing Plan (dated: 7/13/2017) 6. Landscape Plan (date: 7/13/2017) & Site Amenities 7. Open Space Exhibit (dated: 9/5/2017) 8. Proposed Building Elevations & Floor Plans B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 12 Exhibit A.1: Vicinity/Zoning Map ÚÚd ÚÚd R-4 R-8 RUT C-G R-8 L-O R-4 R-8 R-2 R1 RUTD/DA R-8 R-8 R-8 R-2 R-15 R1 R-8 RUT R-4 R-4 RUT RUT R1 R1 R-15 C-N C-C R-15RUT RUT C-N RUT R1 R-2 R-8 RUT N E A G L E R D E USTICK RD E JASMINE LN N G R E N A D I E R W A Y N S H A R O N A V E E ARCH DR ETRAILBLAZ E R D R E SPEARFISH DR EHERITAGEPARKLN N L E S L I E WA Y N P A N K R A T Z W A Y E KAMAY DR ESUMMERHEIGHTSDR E RINGNECK ST E WAINWRIGHT DR N W I N G A T E L N E PICARD S T E L O BELIA ST E NAKANO DR N T R O X E L W A Y E VAN OKER ST E BOWMAN ST E PICARDLN EEXPEDITIONDR N D E V L I N W A Y E SUMMERPLACE CT N VE R A D O AV E NSUMMER F I E L D WAY E CHANDLER ST E RACE CT N SUMMERSIDE WAY N D E V L I N A V E N B E T U L A AV E E RACE ST E S UMMERDAWNDR N C H I A N T I WA Y ESUMMERRIDGEDR N H A W K I N S A V E N R E C O R D S A V E E MILFORD ST N S P A N G L E D R E CONNER ST E SUMMER DAWN ST E KAMAYCT E SUMME R D A W N DR N D A S H W O O D PL N C H A N C E R Y P L ELEIGH FIELD DR E C O N K L I N D R E G ARBER DR E SATTERFIELD S T N R O S E P O I N T A V E E SEVILLE LN E TECATE LN E MODELO LN ECOUGARCREEKDR N S U M M E R S I D E L N E SIDEWINDER DR N S U M M E R P A R K A V E N L A N C E R A V E N D U A N E D R E G R A N A D IL L O D R N P E T T Y W A Y N V I L L E R E L N E OMERA ST E WIGLEDR E PARADISELN EFREEDOMLN N C E N T R E P O I N T W A Y N B R O O K S B U R G W A Y N S H A R O N A V E N C A J U N L N N D I X O N A V E N C H E L M S F O R D A V E N S U M M E R C R E S T W A Y N D I X O N A V E N L E S L I E W A Y N LESLIE W A Y ESUMMERCOVEDR N LA N C E R AV E ESUMMERFALLSDR N J U S T I N A V E N LIN W O O D W A Y N B E T U L A A V E N C A M A S C R E E K W A YN P A T R I O T C I R N L A W S O N P L ESWINDELL D R E S T A R L N E STAR LN N L E B L A N C W A Y N RO G U E R I V E R W A Y 4N1E32 4N1E33 3N1E05 3N1E04 North Slough -ENSR Survey Sh avrerLateral Nourse Lateral Milk Lateral SouthSlough Milk Lateral EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 13 Exhibit A.2: Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements Existing Concept Plan included in Development Agreement (Inst. #106191305, MI-06-008): Modified with 1st and 2nd Amendments to Development Agreement (see below) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 14 Existing Concept Plan & Building Elevation Included in 2nd Amendment to Development Agreement (Inst. #2016-079095, H-2016-0057): Proposed Conceptual Development Plan (dated: August 30, 2017): Self-service storage facility EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 15 Exhibit A.3: Proposed & Recommended Modifications to Development Agreement H-2017-0107 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 16 Staff recommends a pathway IS constructed at the west boundary of this site that connects to the pathway from Champion Park for interconnectivity between developments; modify provision accordingly Strike “sidewalk included” as the sidewalk is depicted on the landscape plan outside of the 10’ landscape buffer Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “Multi-family units shall be restricted to 2-stories in height along the west boundary adjacent to Champion Park Subdivision to preserve view corridors of adjacent residents as proposed by the Developer”. Delete provision (Staff recommends a pathway is constructed with this development that connects to the existing pathway in Champion Park Subdivision for interconnectivity between developments as noted above in provision #5.1c.) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 17 Staff Recommends the Following Additional Provisions are added to the Agreement:  The CC&R’s for the development shall restrict the use of garages within the development to parking for vehicles only to ensure the site has adequate parking for its residents.  Four-foot tall bollard lighting is required along all internal pathways within the multi-family portion of the development.  Include traffic calming textures on internal driveways within the development as proposed to slow traffic.  Provide a crosswalk if allowed by ACHD across Centrepoint Way to provide safe pedestrian access to the common area where the swimming pool and community center is located.  Business hours of operation for commercial uses that abut a residential use or zoning district are restricted from 6:00 am to 11:00 pm unless extended hours are requested and approved through a conditional use permit in accord with UDC 11-2B-3A.4.  Design of all structures shall comply with the standards listed in the Architectural Standards Manual and shall be generally consistent with the conceptual elevations submitted with this application included in Exhibit A.8.  Residential buildings along the west boundary of the multi-family development adjacent to Champion Park Subdivision shall be restricted to 2-stories in height as proposed by the applicant in Exhibit A.8 to preserve view corridors for the adjacent residents in Champion Park Subdivision. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 18 Exhibit A.4: Site Plan (dated: July 13, 2017) The conventional townhome buildings have the following spaces:  254 garage spaces, based on the following: o 39 units with 2-car garages o 176 units with 1-car garages  254 driveway parking spaces, based on the following: o 39 units with 2-car driveway spaces o 176 units with 1-car driveway spaces  86 guest parking spaces  TOTAL PARKING SPACES IN TOWNHOME PORTION OF THE DEVELOPMENT – 594 SPACES provided, 430 required The Clubhouse has the following spaces:  7 guest parking spaces  1 handicap parking space  TOTAL PARKING SPACES FOR THE CLUBHOUSE – 8 SPACES, 4+ required EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 19 Exhibit A.5: Preliminary Plat & Phasing Plan (dated: 7/13/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 20 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 21 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 22 Exhibit A.6: Landscape Plan (dated: 7/13/2017) & Site Amenities EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 23 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 24 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 25 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 26 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 27 Exhibit A.7: Open Space Exhibit (dated: 9/5/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 28 Exhibit A.8: Proposed Building Elevations & Floor Plans EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 29 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 30 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 31 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 32 Buildings restricted to 2-stories EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 33 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 34 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 35 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 36 Clubhouse: EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 37 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 38 Garages: EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 39 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval – Preliminary Plat 1.1.1 Development of the site shall substantially comply with the preliminary plat, site plan and building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. The 20-foot wide street buffer along N. Centrepoint Way, a collector street, and the 10-foot wide street buffer along Jasmine Lane, a private street, is required to be placed in separate common lots or on permanent dedicated buffers depicted on the plat, per UDC 11-3B-7C.2. 1.1.3 The landscape plan included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. Revise the calculations table shown on the landscape plan to reflect the linear feet of frontage along N. Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement based on the standards listed in UDC 11-3B-7C. Additional trees are required within the street buffers to comply with UDC 11-3B-7C. b. The 6-foot tall vinyl privacy fence proposed along the north boundary of the site adjacent to Jasmine Lane shall be depicted at the back edge of the street buffer. 1.1.4 City Council approval (or partial approval) of the proposed accesses via N. Centrepoint Way, a collector street, is required. The City Council granted a waiver to UDC 11-3A-3 for all of the proposed accesses. 1.1.5 Prior to submittal of the final plat for City Engineer signature on Phase 1, submit a written request to the City for relinquishment of the sewer and water easement (Inst. #2016-060153). 1.1.6 The applicant shall obtain final approval of the property boundary adjustment application (A-2017-0133) from the Planning Division prior to submittal of the first final plat application. 1.2 Site Specific Conditions of Approval – Conditional Use Permit 1.2.1 The site plan included in Exhibit A.4, dated July 13, 2017, shall be revised as follows: a. Depict the property management office, maintenance storage area, central mailbox locations (including provisions for parcel mail) that provide safe pedestrian and/or vehicle access, and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. Include a parking calculations table consistent with the requirements listed in UDC 11-3C-6 and with what is proposed for the proposed garage, driveway and guest spaces. The calculations shown on the plan do not match the calculations provided by the applicant. c. Depict a pathway connection at the west boundary of the site to the pathway stub in Champion Park Subdivision. d. Depict speed bumps within the driveway along the west property boundary for traffic calming. 1.2.2 The landscape plan included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. All street facing elevations along N. Centrepoint Way, Jasmine Lane and the east/west private driveway that exists along the southern boundary of the site shall have a landscaped area at least 3-feet wide that is landscaped with an evergreen shrub every 3 linear feet of foundation with a minimum mature height of 24 inches per UDC 11-4-3-27E. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 40 b. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be depicted on the plan and be located in areas not visible from a public street, or shall be fully screened from view from a public street. c. Landscaping is required to be installed within the 10-foot wide buffer to residential uses along the west boundary of the site in accord with the standards listed in UDC 11-3B-9C. d. Depict a pathway connection at the west boundary of the site to the pathway stub in Champion Park Subdivision and landscaping in accord with the standards listed in UDC 11-3B-12C. e. Replace the 5-foot tall metal view fencing depicted along the east boundary of the site with 6-foot tall vinyl privacy fencing. 1.2.3 Provide a minimum of 4.25 acres of common open space for the development in accord with the open space exhibit included in Exhibit A.7 and UDC 11-4-3-27C. 1.2.4 Provide site amenities as proposed in Exhibit A.6 in accord with UDC 11 -4-3-27D. The site amenities proposed on Lot 1C, Block 2 that consist of a swimming pool, community center, splash pad, shelter and playground shall be constructed with the first and second phases of development prior to any Certificate of Occupancies being issued for the development; the adjacent soccer field and open space may be constructed with Phase 4 as proposed. 1.2.5 All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 1.2.6 Trash compactors and loading docks shall not be allowed along the west side of the future buildings along the west boundary of the site adjacent to single-family residential uses in Champion Park Subdivision per the development agreement (Inst. #106060856). 1.2.7 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. 1.2.8 The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct 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. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 41 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 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. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 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 Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 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. 1.3.18 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.4 Ongoing Conditions of Approval 1.4.1 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. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.5.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.5.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 42 1.5.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.5.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreement modification request as set forth in UDC 11- 5B-3D2. 1.5.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The water main in "Street B" needs to be connected to the water main in Centerpoint to avoid a dead end. Water main easement needs to be extended to property line at NE corner so water main in "Street A" can be connected to east in future. 2.1.2 The developer shall connect the southeast portion of the water system to the existing main in the private drive along the south boundary of the site to the south, as discussed at the City Council meeting and agreed upon by the applicant. This main shall be routed through the parking area in the southeast corner of the project. 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 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 43 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design 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. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 44 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.2 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.4 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.5 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.6 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. 3.7 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.8 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.9 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 3.10 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.11 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. 3.12 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 45 the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comment on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Replace any broken or deteriorated segments of curb, gutter, or sidewalk on Centerpoint Way abutting the site. 6.1.2 Parking is restricted on both sides of Centerpoint Way. Install “NO PARKING” signs on both sides of the roadway. 6.1.3 Construct 6 driveways onto the east and west sides of Centerpoint Way located 140, 360, and 570-feet north of the existing private drive aisle abutting the site’s south property line. 6.1.4 Construct the 6 driveways as curb return type driveways with 15-foot curb radii abutting the existing roadway edge. Pave the driveways their full width a minimum of 30-feet into the site beyond the edge of Centerpoint Way adjacent to the site. 6.1.5 Install a sign at the terminus of the stub street to the north, Centerpoint Way, stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 6.1.6 Payment of impacts fees are due prior to issuance of a building permit. 6.1.7 Comply with all Standard Conditions of Approval. 6.2 Standard Conditions of Approval 6.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 6.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Di sabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 46 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 47 C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council has determined that there is public financial capability of supporting services for the proposed development based on comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds there is not any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. 2. CONDITIONAL USE PERMIT (UDC 11-5B-6E) The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C-G district (see Analysis Section IX for more information). EXHIBIT A b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The City Council finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. If approved, the applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 40 PROJECT NUMBER: H-2017-0125 ITEM TITLE: Brickyard Subdivision No. 1 Final Order for Brickyard Subdivision No. 1 (H-2017-0125) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way MEETING NOTES 01 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 1 – FP H-2017-0125 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 3, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 30 BUILDING LOTS AND 1 COMMON/OTHER LOT ON 5.44 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR BRICKYARD SUBDIVISION NO. 1 BY: JOHN CARPENTER APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0125 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 3, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING BRICKYARD SUBDIVISION NO. 1, LOCATED IN THE NE 1/4 OF THE SE ¼ OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 07/13/2017, by KEVIN N. SORENSEN, PLS, SHEET 1 OF 3,” is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 1 – FP H-2017-0125 Page 2 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 3, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from John Carpenter, Applicant’s Representative, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2017. /O i2 TarnrnyG�9 erd Mayor, of Meridian Attest: O�Qo�PTEDAUG�S , 0 c11y or w C.J�& Cole{j/ IDAHO City Clerk 2m� SEAL day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:ohawn I 1rw ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 1 — FP H-2017-0125 Page 3 of 3 EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 1 STAFF REPORT MEETING DATE: October 3, 2017 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brickyard Subdivision No. 1 – H-2017-0125 I. APPLICATION SUMMARY The applicant, John Carpenter, has applied for final plat (FP) approval 30 building lots and 1 common/other lot on 5.44 acres of land in a C-G zoning district for the first phase of Brickyard Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Brickyard Subdivision No. 1 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0125 as presented in the staff report for the hearing date of October 3, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0125, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0125 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 approximately 1/3 of a mile north of E. Ustick Road and west of N. Eagle Road at 3611 N. Centrepoint Way, in the SE ¼ of Section 32, Township 4 North, Range 1 East. B. Applicant: John Carpenter, T-O Engineers 332 N. Broadmore Way, Ste. 101 Nampa, ID 83687 C. Owner: Jeff W. Moore PO Box 8204 Boise, ID EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 2 D. Representative: Same as Applicant V. STAFF ANALYSIS The proposed final plat depicts 30 building lots and 1 common/other lot on 5.44 acres of land in a C- G zoning district. Development is required to comply with the dimensional standards of the C-G zoning district listed in UDC Table 11-2B-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the preliminary plat and found it to be in compliance with the preliminary plat. Because the number of building lots and common open space are the same, staff finds the proposed plat is in substantial conformance with the preliminary plat per the standards listed in UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-03-025), Development Agreements (Instruments #106191305, 114002255, 2016-079095), and preliminary plat (H-2017- 0107). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of City Council approval of the preliminary plat (on or before October 17, 2019); or, apply for a time extension on the preliminary plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by T-O Engineers, stamped on 7/13/17 by Kevin Sorensen, shown in Exhibit C shall be revised as follows: a. Note #6: “All lots in this subdivision are multi-family residential lots, except Lots 1, Block 1, which are is designated as a common lots to be owned and maintained. . .” b. Note #8: “Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian.” c. Depict a 20-foot wide street buffer along N. Centerpoint Way within a common lot or a permanent dedicated buffer maintained by the property owner or business owner’s association in accord with UDC 11-3B-7C.2. 5. The landscape plan prepared by T-O Engineers, dated July 13, 2017, shown in Exhibit D, is approved as submitted. 6. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 3 VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 4 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface 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, EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 5 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 7/13/17) C. Proposed Final Plat (dated: 7/13/17) D. Proposed Landscape Plan (dated:7/13/17) EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 6 Exhibit A – Vicinity Map ÚÚd ÚÚd L-O RUT R-8 R-8 R1 R-8 RUTD/DA R-8 R-8 C-N R-8 R-2 L-O R1 R-15 RUT R-8 RUT RUT R-8 RUT R1 R-2 R-4 R-4 C-C R-4 R1 R-2 RUT L-O RUT RUT R-15 RUT R-40 C-N R-8 R-2 RUT R1 L-O R-2 C-G R-8 R-4 R1 RUT R-4 RUT R-15 R1 C-C R-15 N L O C U S T G R O V E R D N E A G L E R D E USTICK RD EGREEN HAVENST E JASMINE LN E GRANGER DR N S H A R O N A V E E ARCH DR EHERITAGEPARKLN N L E S L I E WA Y N P A N K R A T Z W A Y ESTARDR ECOUGARCREEKDR EKAMAYDR EMEADOWGRASSST E RINGNECK ST E WAINWRIGHT DR E PICARD S T E LOBELIAST E CHALLIS ST E NAKANO DR N T R O X E L W A Y E VAN OKER ST E B O U R B O N L N ESUMMERHEIGHTSDR E BOWMAN ST E PICARDLN N J U S T I N P L N D E V L I N A V E N D E V L I N W A Y E SUMMERPLACE CT N VE R A D O AV E NSUMMERFIELDWAY E CHEMISE ST E SPEARFISH D R ECHALLISDR E CHANDLER ST ECHIMEREDR E RACE CT NSUMMERSIDE WAY N D E V L I N A V E E RACE ST N C A F F E R T Y W A Y ESUMMERDAWNDR ESUMMERRIDGEDR N HA W K I N S AV E N C H I A NTI WAY N R E C O R D S A V E E CHEMISE DR N N E I T H AV E E MILFORD ST N B E T U L A A V E N BRIGHT ANGEL AVE N C A M A S C R E E K W A Y ELEIGHFIELD DREHERITAGE PARKST N S P A N G L E D R E CONNER S T E SUMMER DAWN ST E KAMAYCT E SHARPTAIL ST ESUMMER D A W N D R E CHIMERE DR N D A S H W O O D PL N C H A N C E R Y PL E C O N K L I N D R E G A R B E R D R E SATTERFIELD S T N S H E E P H O R N A V E N R O S E P O I N T A V E E SEVILLE LN E G R A N A D IL L O D R N SHEEPHORN AVE E TECATE LN E MODELO LN N S U M M E R S I D E L N NSUMMERPARK AVE N L A N C E R A V E N W I N G A T E L N N D U A N E D R N P E T T Y W A Y N V I L L E R E L N E OMERA ST E WIGLEDR EPARADISELN EFREEDOM LN E LESLIE DR N C E N T R E P O I N T W A Y EGRANGER AVE N B R O O K S B U R G W A Y N S H A R O N A V E N G R E N A DIE R W A Y N C A J U N L N N D I X O N A V E N C H E L M S F O R D A V E N SUMMERCRE S T W A Y N D I X O N A V E N L A P I S A V E N L E S L I E W A Y N L E S L I E W A Y ESUMMERCOVEDR N LA N C E R AV E ESUMMERFALLSDR N J U S T I N A V E N LIN W O O D W A Y N P A T R I O T C I R N LAWS O N P L E S T A R L N E STAR LN N L E B L A N C W A Y N RO G U E R I V E R W A Y 4N1E31 4N1E32 4N1E33 3N1E06 3N1E05 3N1E04 North Slough -ENSR Survey Shavrer Lateral Nourse Lateral SouthSlough Milk Lateral EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 7/13/17) EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 8 EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 9 Exhibit C – Proposed Final Plat (dated: 7/13/17) EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 10 Exhibit D – Proposed Landscape Plan (dated: 7/13/17) EXHIBIT A Brickyard Sub 1 – FP H-2017-0125.doc PAGE 11 From: Carpenter, John <jcarpenter@to-engineers.com> Sent: Thursday, September 28, 2017 11:29 AM To: Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: james@ldputah.com; Parks, Shon;jrs@jrsrecslt.com Subject: RE: Brickyard Sub. 1 & 2 - FP Staff Reports Good morning Sonya, Thanks for your work on these. They look good. We are in agreement with the preliminary plat, phase 1 and 2 final plats for Brickyard Subdivision. Have a great day, JOHN CARPENTER, PE ( Nampa Office Manager Q r,0 CNGINCERS 332 N. Broadmore Way I Nampa, Idaho 83687 O 208.442.6300 M 208.899.0688 www.to-engineers.com 0 From: Sonya Allen [mailto:sallen@)meridiancity.org] Sent: Thursday, September 28, 2017 10:05 AM To: Carpenter, John; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: james@Idputah.com; Parks, Shon Subject: RE: Brickyard Sub. 1 & 2 - FP Staff Reports Sorry, these can't be on the consent agenda since the preliminary plat isn't approved yet. From: Carpenter, John [maiIto: jcarpenter(a)to-engineers.com] Sent: Thursday, September 28, 2017 9:27 AM To. Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: james(d)ldputah.com; Parks, Shon Subject: RE: Brickyard Sub. 1 & 2 - FP Staff Reports Great thank you Sonya. We will review and get any responses today. Thanks! JOHN CARPENTER, PE I Nampa Office Manager M T -o CNOINCCR'S 332 N. Broadmore Way I Nampa, Idaho 83687 O 208.442.6300 M 208.899.0688 www.to-engineers.com 00 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4P PROJECT NUMBER: H-2017-0126 ITEM TITLE: Final Order for Brickyard Subdivision No. 2 (H-2017-0126) by John Carpenter Located approximately 1/3 mile north of E. Ustick Rd. on the east side of N. Centrepoint Way MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 2 – FP H-2017-0126 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 3, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 8 BUILDING LOTS AND 1 COMMON/OTHER LOT ON 1.88 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR BRICKYARD SUBDIVISION NO. 2 BY: JOHN CARPENTER APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0126 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 3, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING BRICKYARD SUBDIVISION NO. 2, LOCATED IN THE NE 1/4 OF THE SE ¼ OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 07/13/2017, by KEVIN N. SORENSEN, PLS, SHEET 1 OF 3,” is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 2 – FP H-2017-0126 Page 2 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 3, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from John Carpenter, Applicant’s Representative, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the (0 day of 6O 6C'r , 2017. y: Tammyt5erd Mayor, of Meridian Attest: o�QOV PIED AUGUST v Cil r w ' E IDIAXT C.J Coles �DANO City Clerk SEAL Copy served upon the Applicant; Planning and Development Services Divisions of the Community Development Department and City Attorney. Datedto 1 0() n 1'77� njobjm ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 2 — FP H-2017-0126 Page 3 of 3 EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 1 STAFF REPORT MEETING DATE: October 3, 2017 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brickyard Subdivision No. 2 – H-2017-0126 I. APPLICATION SUMMARY The applicant, John Carpenter, has applied for final plat (FP) approval 8 building lots and 1 common/other lot on 1.88 acres of land in a C-G zoning district for the second phase of Brickyard Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Brickyard Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0126 as presented in the staff report for the hearing date of October 3, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0126, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0126 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 approximately 1/3 of a mile north of E. Ustick Road and west of N. Eagle Road at 3611 N. Centrepoint Way, in the SE ¼ of Section 32, Township 4 North, Range 1 East. B. Applicant: John Carpenter, T-O Engineers 332 N. Broadmore Way, Ste. 101 Nampa, ID 83687 C. Owner: Jeff W. Moore PO Box 8204 Boise, ID EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 2 D. Representative: Same as Applicant V. STAFF ANALYSIS The proposed final plat depicts 8 building lots and 1 common/other lot on 1.88 acres of land in a C-G zoning district. Development is required to comply with the dimensional standards of the C-G zoning district listed in UDC Table 11-2B-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the preliminary plat and found it to be in compliance with the preliminary plat. Because the number of building lots and common open space are the same, staff finds the proposed plat is in substantial conformance with the preliminary plat per the standards listed in UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-03-025), Development Agreements (Instruments #106191305, 114002255, 2016-079095), and preliminary plat (H-2017- 0107). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of the City Engineer’s signature on the first phase final plat; or, apply for a time extension on the preliminary plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by T-O Engineers, stamped on 7/13/17 by Kevin Sorensen, shown in Exhibit C shall be revised as follows: a. Note #8: “Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian.” 5. The landscape plan prepared by T-O Engineers, dated July 13, 2017, shown in Exhibit D, is approved as submitted. 6. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 3 materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 4 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 5 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 7/13/17) C. Proposed Final Plat (dated: 7/13/17) D. Proposed Landscape Plan (dated:7/13/17) EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 6 Exhibit A – Vicinity/Zoning Map ÚÚd ÚÚd L-O RUT R-8 R-8 R1 R-8 RUTD/DA R-8 R-8 C-N R-8 R-2 L-O R1 R-15 RUT R-8 RUT RUT R-8 RUT R1 R-2 R-4 R-4 C-C R-4 R1 R-2 RUT L-O RUT RUT R-15 RUT R-40 C-N R-8 R-2 RUT R1 L-O R-2 C-G R-8 R-4 R1 RUT R-4 RUT R-15 R1 C-C R-15 N L O C U S T G R O V E R D N E A G L E R D E USTICK RD EGREEN HAVENST E JASMINE LN E GRANGER DR N S H A R O N A V E E ARCH DR EHERITAGEPARKLN N L E S L I E WA Y N P A N K R A T Z W A Y ESTARDR ECOUGARCREEKDR EKAMAYDR EMEADOWGRASSST E RINGNECK ST E WAINWRIGHT DR E PICARD S T E LOBELIAST E CHALLIS ST E NAKANO DR N T R O X E L W A Y E VAN OKER ST E B O U R B O N L N ESUMMERHEIGHTSDR E BOWMAN ST E PICARDLN N J U S T I N P L N D E V L I N A V E N D E V L I N W A Y E SUMMERPLACE CT N VE R A D O AV E NSUMMERFIELDWAY E CHEMISE ST E SPEARFISH D R ECHALLISDR E CHANDLER ST ECHIMEREDR E RACE CT NSUMMERSIDE WAY N D E V L I N A V E E RACE ST N C A F F E R T Y W A Y ESUMMERDAWNDR ESUMMERRIDGEDR N HA W K I N S AV E N C H I A NTI WAY N R E C O R D S A V E E CHEMISE DR N N E I T H AV E E MILFORD ST N B E T U L A A V E N BRIGHT ANGEL AVE N C A M A S C R E E K W A Y ELEIGHFIELD DREHERITAGE PARKST N S P A N G L E D R E CONNER S T E SUMMER DAWN ST E KAMAYCT E SHARPTAIL ST ESUMMER D A W N D R E CHIMERE DR N D A S H W O O D PL N C H A N C E R Y PL E C O N K L I N D R E G A R B E R D R E SATTERFIELD S T N S H E E P H O R N A V E N R O S E P O I N T A V E E SEVILLE LN E G R A N A D IL L O D R N SHEEPHORN AVE E TECATE LN E MODELO LN N S U M M E R S I D E L N NSUMMERPARK AVE N L A N C E R A V E N W I N G A T E L N N D U A N E D R N P E T T Y W A Y N V I L L E R E L N E OMERA ST E WIGLEDR EPARADISELN EFREEDOM LN E LESLIE DR N C E N T R E P O I N T W A Y EGRANGER AVE N B R O O K S B U R G W A Y N S H A R O N A V E N G R E N A DIE R W A Y N C A J U N L N N D I X O N A V E N C H E L M S F O R D A V E N SUMMERCRE S T W A Y N D I X O N A V E N L A P I S A V E N L E S L I E W A Y N L E S L I E W A Y ESUMMERCOVEDR N LA N C E R AV E ESUMMERFALLSDR N J U S T I N A V E N LIN W O O D W A Y N P A T R I O T C I R N LAWS O N P L E S T A R L N E STAR LN N L E B L A N C W A Y N RO G U E R I V E R W A Y 4N1E31 4N1E32 4N1E33 3N1E06 3N1E05 3N1E04 North Slough -ENSR Survey Shavrer Lateral Nourse Lateral SouthSlough Milk Lateral EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 7/13/17) EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 8 EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 9 Exhibit C – Proposed Final Plat (dated: 7/13/17) EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 10 Exhibit D – Proposed Landscape Plan (dated: 7/13/17) EXHIBIT A Brickyard Subdivision No. 2 – FP H-2017-0126.doc PAGE 11 From: Carpenter, John <jcarpenter@to-engineers.com> Sent: Thursday, September 28, 2017 11:29 AM To: Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: james@ldputah.com; Parks, Shon;jrs@jrsrecslt.com Subject: RE: Brickyard Sub. 1 & 2 - FP Staff Reports Good morning Sonya, Thanks for your work on these. They look good. We are in agreement with the preliminary plat, phase 1 and 2 final plats for Brickyard Subdivision. Have a great day, JOHN CARPENTER, PE ( Nampa Office Manager Q r,0 CNGINCERS 332 N. Broadmore Way I Nampa, Idaho 83687 O 208.442.6300 M 208.899.0688 www.to-engineers.com 0 From: Sonya Allen [mailto:sallen@)meridiancity.org] Sent: Thursday, September 28, 2017 10:05 AM To: Carpenter, John; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: james@Idputah.com; Parks, Shon Subject: RE: Brickyard Sub. 1 & 2 - FP Staff Reports Sorry, these can't be on the consent agenda since the preliminary plat isn't approved yet. From: Carpenter, John [maiIto: jcarpenter(a)to-engineers.com] Sent: Thursday, September 28, 2017 9:27 AM To. Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: james(d)ldputah.com; Parks, Shon Subject: RE: Brickyard Sub. 1 & 2 - FP Staff Reports Great thank you Sonya. We will review and get any responses today. Thanks! JOHN CARPENTER, PE I Nampa Office Manager M T -o CNOINCCR'S 332 N. Broadmore Way I Nampa, Idaho 83687 O 208.442.6300 M 208.899.0688 www.to-engineers.com 00 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Bruce Freckleton Date: 10/04/2017 Re: October 10 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 10 th City Council Consent Agenda for Council’s consideration. Approval of Award of RFQ and Agreement to KELLER ASSOCIATES for the “QLPE PLAN CHECK SERVICES” for a Not-To-Exceed amount of $50,000. Recommended Council Action: Award of Bid and Approval of Agreement to KELLER ASSOCIATES for the Not-To-Exceed amount of $50,000. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKTIST I PROJECT INFORMATION Date:t0/4/20L7 REQUESTING DEPARTMENT Community Development Project Name QLPE Plan Check Services Project Manager: Bruce Freckleton Contract Amount:550,000 per fiscal year Contractor/Consultant/Design Engineer: Chenge Order No I BUDGET INFORMATION ect Ma to Contract Type Fund: Department GL Account Project Number: 60 Budget Available (Purchasing ana€h report) t*E No ! FY Budget: FY18 3280 55100 10449-b willthe project cross fiscalyears?Yes E tlo D tv.GRANT I'{FORMATION - to be completed only on Grant funded proJects Grant #:wage oetermination Received N/A wa8€ verification 10 Days priorto bid duedate N/A Debarment Status (Federal Funded) N/AN/A Print and Attach the determination Print, attach and amend bid byadd€ndum {ifchanged)Prlnt and attach BASIS OF AWARD BID RFP / RFQ TASX ORDER Award based on Low Bid Highest Ranked vendo, seleded Master ASreement category Date MSA Roste. Approved:N/AlBid Results Attached)tr NoE (Ratings Aftached) Yes E]No rypicalaward Yes E No f] lf no please state circumstances and conclusion: 7 day protest period ends vt COI{TRACTOR / CONSULTANT REqUIRED INFORMATION Erpiration Date: 4126/2017 Goodstanding lnsurance Certificates Received (Date)Expiration Date Payment and Performance Bonds Rlceived (Date) Builders Risk lns. Req'd: Y". ! (Only applicabaie ior proj.cts ab.v. S1,0O0,coo) Rating NoE lfyes, has policy beeo purchased? Performance on past projects E Quality of work ! on tlme Qualified Personnel Availabillty of perronnel Local of penonnel !1 !!3 4 Reason Consultant Selected check oll thot opply E On Budget E Accuracy of Construction Est Description of negotiation process and fee evaluation lo-c/-ZolDdarrprovair v .AWARD INFORMATION ApprovalDate Dete issued N/A 8y NTP Date (on y ror PW consrruci on Projecr, WH5 submitted Date Submitted to Clerk forAgenda Purchase Order No : conrad Requ€n ch..kkt.s.24.2or6 riial Consultant - Keller Associates lsthis a ch.nBe order? "* E *" E llll. construction E Task order E Professional service El Equipment E Grant E Enhancement: Y€s ! No E Ratin8: A++ Corporation Status 72/L12077 v .TASK ORDER SETECTION october 4, 2017 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 1st day of October, 2017, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "CITY', 33 East Broadway Avenue, Meridian, ldaho 83642,and KELLER ASSOCIATES hereinafter referred to as "CONSULTANT", whose business address is 131 SW5 Ave Ste. A Merid ian rD 83642 INTRODUCTION Whereas, the City has a need for services involving QLPE PLAN CHECK SERVICES: and WHEREAS, the Consultant 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 padies agree as follows: 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "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 Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; 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. lf any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, 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. Page 1 of 11 TERMS AND CONDITIONS 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant 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 and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either expressed or implied, as part of this Agreement. 1.4 Services and work provide by the consultant 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 Consultant shall be compensated on a Time & Materials basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-to-Exceed amount of $50,000.00 per year. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, 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 Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire September 30, 2020, the expiration of funds allocated for compensation or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. Page2of11 2.3 Except as expressly provided in this Agreement, Consultant 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, Consultant 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. 4. lndependentContractor: 4.1 ln all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 Consultant in fulfillment of this Agreement. 5. lndemnification and lnsurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One N/illion Dollars ($1,000,000) per incident or occurrence, Professional Liability/ Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability lnsurance One Million Dollars ($'1 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER 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 negligent performance of this Agreement by the ENGINEER or Engineer'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. ENGINEER shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing ENGINEER'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 ENGINEER Page 3 of l'l 6 begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, ENGINEER 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. 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 req uested, addressed as follows: CITY CONSULTANT City of Meridian Purchasrng Manager 33 E Broadway Ave Meridian, lD 83642 208-888-4433 Email : kwatts@meridiancity.org Keller Associates Attn: Ryan Morgan 131 SW sth Ave. Meridian, lD 83642 Phone: 208-288-1992 Email: rmorgan@kellerassociates.com 7 8 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. 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. 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. Assignment: lt is expressly agreed and understood by the parties hereto, that CONSULTANT 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. Discrimination Prohibited: ln performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 10. Page4of11 o 11. Reports and lnformation: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13.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. 14.Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15 Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. lo Termination: lf, through any cause, CONSULfANT, 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, in part or in its entirety, by giving written notice Page 5 of 11 12. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Ag reement. 17 1B 19. 20. to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT 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 CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Construction and Severability: 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. 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. 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. Public Records Act: Pursuant to ldaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. ln addition, the CITY will not accept a legend or statement on one ('1 ) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. Page6of11 Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 21. 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KELLER ASSOCIATES, 1 o BY: TAMMY de WEEP, MAYOR Dated: l o / lo / ,?b( Approved by Council: /0 Attest: C.JAY . OLES ITY CLERK Purchasing 4Aproval BY:KEITHVJ rcha ing Manager Dated:: t J' L, .r Dated: / 1 � 1,7,011 7 Q.QO�PTEDAUG�S r _0 p�C of w C --VI E IDIAN!? i 4o� SEAL �"/ Depar B ��f Dated:: ETON, Dev. Services Mgr. WeAS Page 7 of 11 Attachment A SCOPE OF WORK PROJECT DESCRIPTION The City of Meridian (Owner) is interested in contracting with Keller Associates (Consultant) to perform Qualified Licensed Professional Engineer (QLPE) plan and specification reviews for simple water and wastewater main extensions in accordance with the ldaho Rules for Public Drinking Water Systems (IDAPA 58.01.08) and the Wastewater Rules (IDAPA 58.01.16). The QLPE review is authorized under l.C. 39- 1 18(2Xd) as equivalent to review by the Department of Environmental Quality (DEQ) prior to construction for simple water and wastewater main extensions. At the time of approval, the QLPE must provide a written approval letterto the DEQ, through the Owner, which includes: o A statement asserting that the QLPE represents the Owner with regard to the project in question; o A statement that the plans and specifications are approved for construction; and . A statement by the QLPE that the plans and specifications comply with the facility standards within the referenced IDAPA rules. . The DEQ QLPE Approval Checklist. Review comments may be issued in lieu of project approval. ln this case, the QLPE provides written comments in electronic form to the Owner for delivery to the developer/project engineer, unless instructed by the Owner to communicate with them directly. Comments must be resolved prior to providing QLPE approval of the project. Upon approval by the QLPE, the QLPE provides the Owner with a PDF copy of the approved plans with the QLPE approval stamp and signature on the reviewed and approved sheet(s). QLPE communication is with the Owner's assigned Plan Reviewer. Project management includes general project administration services including contract administration, monthly invoicing, progress reports, and internal project administration. Deliverables include monthly progress reports and invoices. Consultant will maintain frequent verbal and written communication with the Owner during the contract period and will be available to Owner staff for general a Page8of11 CONSULTANT SERVICES Task 1 - Proiect Manaqement or specific question regarding the Public Drinking Water Systems Rules, the Wastewater Rules, and the QLPE Rules. Consultant will provide monthly status reports of the QLPE reviews, included with the monthly invoices. Each QLPE Review will be assign a separate task number for Consultant to provide both the Owner and Consultant an easy mean for tracking the invoices. Upon notification from the Project Manager for the Owner that plans are available for review, Consultant will provide plan review of the pertinent water and wastewater for compliance with the ldaho Rules for Public Drinking Water Systems (IDAPA 58.01.08) and the Wastewater Rules (IDAPA 58.01.16). QLPE comments and approval will be provided as outlined in the project description. OWNER PROVIDED INFORMATION AND RESPONSIBILITIES The following data and/or services are to be provided by the Ownerwithout cost to Consultant. 1. Written notification via email that plans are ready for review. 2. Notification of the sheet(s) to be reviewed by QLPE. 3. Digital copies of the Owner approved plan sets uploaded to Accela Customer Access portal. 4. A scanned and/or digital copy of the Will Serve Letter being submitted to DEQ for Consultant records. 5. Coordination of QLPE written response of unapproved plans with the developer/engineer. After initial contact, the Owner may direct the developer/engineer to contact Consultant directly. 6. Submittal of approved plans and QLPE Checklist to the DEQ Boise Regional Office. TIME OF COIVPLETION The following schedule is based on an email notification from the Owner of a request for QLPE plan review. . Consultant will be notified by the Owner that plans are ready to be reviewed and that they are available for download via Accela Customer Access portal. Consultant will review each plan set and issue an approval or comment letter in accordance with IDAPA and Owner requirements will be provided electronically within five working days of the receipt of plan set from Owner. Approval Letters will include a complete, sealed, dated, and signed copy of the DEQ OLPE Page9of11 Task2-PlanReview Plan Check Checklist. Consultant will upload approved plans within one working day of the QLPE approval letter to the Accela Customer Access portal. Page 10 of 1 1 A Attachment B PAYMENT SCHEDULE QLPE Plan Check Services Total and complete compensation for this agreement shall not exceed $50,000.00 per fiscal year without prior approval from the Owner. Fees will be billed for actual plan sheets review at the rates listed below. Fees will be billed monthly for completed QLPE reviews only. Services will be completed on an on call basis. TASK AMOUNT A QLPE Plan Review (Reviewable Sheet) - Yr. 1 $260.00 B QLPE Plan Review (Reviewable Sheet) - Yr. 2 (increased amount is subject to approval of City Consolidated Fee Schedule) $290.00 QLPE Plan Review (Reviewable Sheet) - Yr. 3 (increased amount is subject to approval of City Consolidated Fee Schedule) $290.00 TOTAL PER FISCAL YEAR NOT TO EXCEED $s0,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Page11of11 DESCRIPTION Plan Check Services per the specifications listed in the Scope of Work. Ci t y o f M e r i d i a n RF Q N A M E : Q L P E P L A N C H E C K S E R V I C E S DU E D A T E & T I M E : S E P T E M B E R 1 , 2 0 1 7 4 : 0 0 VE N D O R Po s s i b l e Po i n t s Ra t e r 1 2 3 1 2 3 1 2 3 1 2 3 Cr i t e r i a Fi r m s Q u a l i f i c a t i o n s a n d Ex p e r i e n c e 20 16 2 0 1 7 1 0 2 0 1 6 1 9 2 0 2 0 1 8 2 0 2 0 Qu a l i f i c a t i o n s a n d E x p e r i e n c e o f as s i g n e d Q P L E 20 14 2 0 1 7 1 6 2 0 1 8 1 9 2 0 2 0 1 8 2 0 2 0 Nu m b e r , l o c a t i o n , a n d a v a i l a b i l i t y of q u a l i f i e d p e r s o n n e l 20 10 2 0 1 7 1 8 1 6 1 7 1 6 2 0 1 6 1 8 2 0 1 6 Ci t y o f M e r i d i a n F a m i l i a r i t y 15 10 . 5 1 2 1 1 1 0 . 5 7 . 5 7 1 4 . 2 5 1 5 1 5 1 3 . 5 1 5 1 5 Ab i l i t y t o p e r f o r m S O W w i t h i n re a s o n a b l e t i m e f r a m e 25 20 1 2 . 5 1 7 1 2 . 5 1 2 . 5 1 7 2 2 . 5 2 5 2 3 1 2 . 5 1 7 . 5 2 2 To t a l s 10 0 70 . 5 84 . 5 79 67 76 75 90 . 7 5 10 0 94 80 92 . 5 93 3 3 3 4 4 4 1 1 1 2 2 2 AV E R A G E Se l e c t i o n Ra t e r 1 B r u c e F r e c k l e t o n Ra t e r 2 S t e v e O ' B r i e n Ra t e r 3 D e n n y C l i n e RF Q N U M B E R : B L D G - 1 7 5 3 - 1 0 4 4 9 . B 23 4 2 1 8 2 8 4 . 7 5 3 4 1 SP F W a t e r En g i n e e r i n g Ar d e t h C o n s u l t i n g En g i n e e r s Ke l l e r A s s o c C i v i l S u r v e y 78 . 0 0 7 2 . 6 7 9 4 . 9 2 8 8 . 5 0 2 26 5 . 5 City of Meridian RFQ NUMBER: BLDG 1753-10449.B DUE DATE & TIME: August 31, 2017 VENDOR SELECTION: (in order) 1 Keller Associates 2 Civil Survey 3 SPF Water Engineering 4 Ardeth Consulting Date Posted: QLPE PLAN CHECK SERVICES SELECTION 31-Aug-17 Keller Associates SPF Waterworks Civil Survey Ardeth Consulting Engineers City Of l.Gridian Statement of Revenues and ExPenditures - Rev and Exp Report - Sandra - Unposted Transactions Inc-Iuded In Report 60 - Ent€rplise Fund 3280 - Land DevelopEnt Ftom l0 / 7 / 201'7 Through 9,/30/2018 Buclget wr th Current Year Actua.I Budget Remaining Percent of Budget Remainrog 55100 TOTA], EXPEND]TURES OPERATING COSTS PROEESSIONAL SVC fOT OIPE Totaf OPERATING COSTS 50,000.04 50, 00Q.04 !0, q0q.q4 50.0Q0- 04 so, 000.04 50,000.04 100.00r 100.00? 100.00t 0.00 C 0.00 50,000.04 00 50,000.04 000 100.00t Dale: r0/4/1? 12:25: ll PM DEPT EXPENDITURES IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary [ Get a certificate of existence for KELLER ASSOCIATES,_ INC. 1 [ Monitor KELLER ASSOCIATES, INC. business filings KELLER ASSOCIATES, INC. 131 SW STH AVE STE A MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 02 Oct 2007 Origination/Authorization: Current Registered Agent: ROD I LINDA 131 SW 5TH AVE SUITE A MERIDIAN, ID 83642 Organizational ID / Filing C175282 Number: Number of Authorized Stock 15000 Shares: Date of Last Annual Report: 08 Sep 2017 Annual Report Due: Oct 2018 Original Filing: Filed 02 Oct 2007 INCORPORATION Amendments: Amendment Filed 02 May ARTICLES 2008 RESTATEMENT Annual Reports: Report for year 2017 ANNUAL REPORT [ Help Me Print/View TIFF ] Vigw Image (PDF format) View Image(TIFF format) [ Help Me Prin lView TIFF ] View Image (PDF formal View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Dogument Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2012 CHNG View Image (PDF format) View RA/RO Image {TIFF format] Report for year 2011 ANNUAL REPORT View Document Online https://www.accessidaho.org/public/sos/corplIC175282.html 10/4/2017 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4R PROJECT NUMBER: ITEM TITLE: Approval of Purchase Order # 18-0017 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not -To - Exceed amount of $450,000.00. This PO is a sole source purchase per the previously approved Sole Source for Sensus Water Meters. MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: CJ Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Chip Hudson; Dennis Teller Date: 10/2/2017 Re: October 10 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 10 th City Council Consent Agenda for Council’s consideration. Approval of Purchase Order #18-0017 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not-To-Exceed amount of $450,000.00. This PO is a sole source purchase per the previously approved Sole Source for Sensus Water Meters. Recommended Council Action: Approval of Purchase Order #18-0017 to Ferguson Enterprises for the Not-To-Exceed amount of $450,000.00 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. E IDIAN PURCHASING AGENT 33 East Broadway Avenue Meridian, lD 83642 Phone: 208-888-4433 Fax: 208-887-4813IDAHO Date: 12-1 14 Item or Service: Water Meter and ino Svstem Eo uipment - Pero al Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The City made tho decision to switch over to Sensus Automated Water Meters several years ago and by doingso greatly improved its water recording system by standardizing the radio frequency and*communlcation between meters and reading software. This standardization reduced the amounl of timl needed to complete monthly reads and simplified data transactions required for lhe billing process. The public Works Departmentdesignated Sensus as the Solo Brand water meter for the City on NJvember 1,2o,11 in ordeito maintain thisreading capability and avoid dala transfer issues encountered wlth lhe mixing of mulliple meter brands. Distributors for Sensus Metering Systems are assigned a specific aeographic territory jn which they are allowedto sell Sensus products. They, are prohibited from selling outiioi that assigned tenitory ani rist beingterminated as a distributor should they 'sell or attempt to soll Sensus productJoutside their Territory', whic6dictates a Sole Source for the supply of Sensus Water Meters. The city approved a iote sour"e io Uniied pipe ! Supply on November 1, 2011. United Pipe has since gone out of Eiusiness and the manufacture (Sensjs)has assigned Furguson Enlerprises as thejr replacement. Ferguson Enterprises, with thelr ldaho, Washinglon, Oregon and AIaska branches, is an exclusive dishibutor ofSensus Automated Meter Reading (AMR) and meter pro-ducts for these regions. itrey are noipeimitted to sell 9'ltsid,e 9f these areas and dislributors from othor states are not permitte.-d to sell to customers within theseoounoafles_ *Please see attached the attached letter from Sensus Technologies which verifies the sole source designation. CERTIFICATION: I am aware of the requlrements set forlh.in the city's_Purchasing Policy & Procedures Manual for competitive bidding and thosstablish€d. crlteria for iustiflcation for sole source/sole brand puicnasiig-. I have gathered technical information and have madea concerted effort to revlew comoarahle/equal.equipment,_l hLreby certr:! as to the validity of the inlormation anJ teel confidentthat this justlfication for sole souice/sole brano medts tire City,s ciii"ri" ,iJr" ,""rr"t". E Sole Source: Teller NAI!,IE 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 Council Approval Date: Purchasing Departmenl ager Approval: ing an CITY OF MERIDIAN SOLE SOURCE FORM C (n me zc;) �v m c m v t3d "m aCL Z O �:3 w m Z G Cm }� mm -8 m 5. N N iD m c n m m p 0 N N ,1 a_ o D Z> to O a p < Vo m L7 V N 3 ❑ m ,. rn D z a N m n z n c� m m z '' r nn X z O c Mm om N .. ' z C)' O O Z T7 00 M O in m i - (n m .. n z �n O� Z M { c _ Z � C v 0 v O m • - - M n n • •� u z n C7 m -i I C) Z z ac C m z 0O = v oc) >o m n � O • o C (n me zc;) �v m c m v t3d "m aCL Z O �:3 w m Z G Cm }� mm -8 m 5. N N iD m c n m m p 0 N N ,1 a_ o D Z> to O a p < Vo m L7 V N 3 ❑ m ,. rn D z a N m n z n c� m m z '' O FERGUSON FEI 1822 sliver To: 452 NORTH LOCUST GROVE RD- rom; Aldon Enbysk WATERWORKS MERIDIAN, ID 83642-0000 omments: Phone: 208-855-2040 Fax: 208-855-2869 18 46 04 AUG 302017 FERGUSON WATERWORKS #1701 Price Quotation Phone: 208-855-2040 Fax: 208-855-2869 Bid No: 6183534 Cust Phone: 208-888-5242 Bid Date: 08/30/17 Terms: CASH ON DEMAND Quoted By: ALE Customer: CITY OF MERIDIAN Ship To: CITY OF MERIDIAN METER ACCOUNT METER ACCOUNT 33 E BROADWAY AVE 33 E BROADWAY AVE ACCOUNTS PAYABLE ACCOUNTS PAYABLE MERIDIAN, ID 83642 MERIDIAN, ID 83642 Cust PO#: ANNUAL CONTRACT Job Name: ANNUAL CONTRACT Item Description Quantity Net Price UM Total SC41 XXXXGl DAXX LF 4 OMC2 MIT 1 OGPL 1000G AMR 1 3091.560 EA 3091.56 ST41 XXXXGl DAXX LF 4 OMT2 MIT 10GPL 100OG AMR 1 2469 620 EA 2469.62 S021XXXXGIGAXX LF 2 OMC2 MIT 1GPL IOOOG AMR 1 1425.400 EA 142540 ST21XXXXGlGAXX LF 2 OMT2 MIT 1GPL IOOOG AMR 1 1002.790 EA 1002.79 SC11XXXXGIGAXX LF 1-112 OMNI C2 TRPL 1M USG WISTRN 1 1250.290 EA 1250.29 ST11XXXXGlGAXX LF 1.5OMT2 MIT 1GPL1OOOGAMR 1 850.810 EA 850.81 S13S8GLXX LF 314 IPERL IMG SM 6 3W 1 179.080 EA 179.08 S12SBGLXX LF 3/4S IPERL 1 MG SM 5 3W 1 160.060 EA 160.06 S14S8GLXX LF 1 IPERL 1 MG SM 6 3W 1 215.620 EA 215.62 SA3DXX38GLXXXIXX LF 3/4S 1000GAL AS TRPL 6 ER LH `Z 1 121.310 EA 121.31 SA4DXX38GLXXXI XX LF 3109 1000GAL AS TRPL 6 ER LH 'Z 1 128.660 EA 128.66 SA5DXX3AGLXXX1XX LF 1 1000GALAS TRPL 6 ER LH 'Z 1 169.300 EA 169.30 SSM50535200009 CABLE TR IPERL 67RPL 3WIRE SEN AY 1 31.410 EA 31.41 S5396353752201MI M520M-F1-TC-X-E-MI 1P PIT W-IDILD 1 152.810 EA 152.81 S5396353752203MI M520M-F1-TC-TC-E-MI 2P PIT TC W -IDI 1 173,110 EA 173.11 Net Total: $11421.83 Tax: $0.00 Freight: $0.00 Total: $11421.83 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours) SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE Page 1 of 1 CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBEIMBE/WBE/SMALL BUSINESS REQUIREMENTS Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at http /Iwolseleyna com/terms—condition5Sate html Govt Buyers All items are open market unless noted otherwise LEAD LAW WARNING It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption Products with 'NP in the description are NOT lead free and can only be installed in non -potable applications Buyer is solely responsible for product selection E IDIANr IS TO: Councilman Keith Bird FROM: Chip Hudson, Assistant Water Superintendent CC: Dale Bolthouse, Public Works Director Laurelei McVey, Deputy Director of Utility Operations Dennis Teller, Water Superintendent DATE: October 2, 2017 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Mlam Ty Palmer Anne Little Roberts SUBJECT: Water Meter Replacement / New - Purchase Requisition FY18 The City currently owns and maintains approximately 33,610 water meters within its service boundary. Meter replacements are required due to the Iifespan of their power supplies which are responsible for their data capture and transmission of reads. The City replaces its meters over a fifteen (15) year schedule (approx. 2,200 per year) based on historical performance and best industry standards recommended by the American Water Works Association (AWWA). Additionally, the purchase of new meters is required above the needs of our replacement program as we continue to add new service connections to our water system, (Approx. 1,000 annually). The cost for the purchase of these meters is covered by developers through connection fees which have been incorporated into and are accessible through the Water Division's base budget for water meters. Attached for your review and approval is a blanket purchase order requisition in the amount of $450,000.00 for the acquisition of new and replacement water meters and related equipment for the 2018 Fiscal year. Purchases will be made under current sole source agreement between the City of Meridian and Sensus Industries. Adequate funding was budgeted for and exists in the FY l8 enterprise fund for this request. Please feel free to contact me if you have any questions. Thank you, Chip Hudson I Assistant Superintendent City of Meridian I Public Works Department 2235 NW 8th Street. Meridian, Idaho 83642 Phone: 208-888-5242 1 Fax: 208-884-1159 Water Division . 2235 NW 8`h St, Meridian, ID 83646 Phone 208-888-5242 . Fax 208-884-1153 . water* meridiancity.org . www.meridiancity.org City Of Ueridian statement of Revenues and Expenclitures - Rev and Exp Report - sanclra - unposted Transactlons Inclucled rn Report 60 - Ent,erpliae Fund 3{l.O - WatE! - Opetatiolls Erom 10/1/201? Through 9/30/2018 Budget with Current Year Actuaf Budgel Renaining Percent of Budget Remaining OPERATING COSTS water Meters Total OPERATING cosTs 4s0,000.00 450,000.00 0 .00 0 .00 100.00r 100.001, DEPT EXPENDITURES TOTAL EXPENDITURES 4sq,00 0.00 0.00 450,000.00 450,000.00 100.003 100.00i450,000.00 U00 Date: ta/2/11 o9: ! 9:21 AM 5245A 4 s0. 00Q . q0 ts0.Q00.q0 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 4S PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment 10/11/17 - $999,258.59 MEETING NOTES 9 APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 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 ACE AUTO BODY Unit #163 Collision Repair related to DR# ACS 17-126211 5,024.21 01 General Fund ACEM FY18 1st Quarter ACEM Emergency Mngt Executive Council Dues 3,516.13 01 General Fund ADA COUNTY HIGHWAY DISTRICT 17-0192, 17-0035, Ustick & Meridian Intersect, Serv to 9/17 16,577.50 01 General Fund AFLAC T5581, October 2017, AFLAC 3,316.91 01 General Fund ANDREA POGUE Per Diem, A. Pogue, International Municipal Lawyers Assoc Co 566.50 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Packaging - Qty 1Pk of 25 64.62 01 General Fund ASCAP ASCAP music licensing 10/1/17-9/30/18 827.75 01 General Fund BILL SCHULER Reimburse, W. Schuler, Education Assist, BSU, Comm BA 915.00 01 General Fund BLUE CROSS OF IDAHO October 2017 Blue Cross Insurance 352,049.20 01 General Fund BOISE BLUES SOCIETY MAC Meridian Art Week - Chalk Art Comp. Musical Talent, 9/14 500.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 9/25-9/29/17 qty 41 games 1,347.39 01 General Fund BPA HEALTH, INC.EAP, Oct 2017, 448 Employees 1,319.22 01 General Fund BRIAN CALDWELL Per Diem, B. Caldwell, IACP Training Conference, Philadelphi 352.00 01 General Fund BRIAN CALDWELL Per Diem, B. Caldwell, Pre-Employment Background Investigati 240.00 01 General Fund BRIAN MCCLURE Expense Report, B. McClure, APA California Conference, Sacra 503.64 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Replaced Ballasts in City Hall Lights - Qty 6 784.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 100 152.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 155 116.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Air Filter, Tires & Rear Brakes & Rotors for Unit #30 956.25 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Alignment, exhaust Pipe for Unit #166 467.16 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Flat Repair for Unit # 120 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change for fleet truck 29 - license C19827 68.62 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 131 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 14 52.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 142 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 144 55.20 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 154 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 155 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 156 57.20 Date: 10/5/17 02:21:16 PM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 157 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 163 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 51 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 99 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Air Filter, Cabin Air Filter for Unit# 49 114.77 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Transmission Flush, & Front Brakes on Unit# 152 593.19 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Wipers, Front & Rear Brakes & Rotor for Unit #20 892.14 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC PIT 3, Repairs for Oil/Engine Light, Tires, Battery, LOF 971.30 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Repaired Leaking Hose on Fleet Truck #2, Lic# C17280 101.92 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Front Brakes with Calipers & Rotors for Unit# 139 759.26 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Serpentine Belt & Belt Tensioner Assbly on Unit# 23 256.20 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced TPMS Sensor for Unit #45 80.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tire Pressure Sensor repair for Unit # 119 89.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wipers Blades for Unit #122 48.02 01 General Fund BRYANT IDEAS Printing Neighborhood Watch Window Decals - Qty 1000 762.89 01 General Fund BRYANT IDEAS Traffic Box Wraps - Qty 2, Complete 9/20/17 1,238.00 01 General Fund BSN SPORTS, INC.adult sports basketball league scoreboard remotes - qty 4 152.44 01 General Fund BSN SPORTS, INC.Jaypro volleyball uprights & net system for Homecourt 5,167.95 01 General Fund Campbell Tractor Co.Heroes John Deere 1600 deck repair parts - qty 2 9.09 01 General Fund Campbell Tractor Co.John Deere 997 repair parts - qty 3 27.93 01 General Fund CENTURYLINK Kleiner Park, Home Court, PD DSL, Centrex Phone Lines, 9/17 871.13 01 General Fund CHAVCO TREE & LANDSCAPE SERVICES, INC. tree pruning at Settlers Park - qty 66 5,280.00 01 General Fund CHRISTIE BOUCHER Per Diem, C. Boucher, Accelerated Assistant Conference, Las 224.00 01 General Fund CITY OF MERIDIAN PETTY CASH Cash for U/C Operations, Braden Fiscus & Petty Cash Reimburs 2,621.03 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash September 2017 221.99 01 General Fund CLOVERDALE NURSERY peat moss for downtown flower beds - qty 4 bags 59.80 01 General Fund CLOVERDALE NURSERY sand for Kleiner trees - qty 13 yards 325.00 01 General Fund CLOVERDALE NURSERY topsoil for Kleiner tree wells - qty 15 yards 300.00 01 General Fund COMMAND SOURCING INC Helmet for Use with Wrap Restraint System 85.00 01 General Fund COVERTTRACK GROUP INC.GPS Tracker for Detectives 1,610.00 Date: 10/5/17 02:21:16 PM Page: 2 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund CREATIVE SERVICES FOR NEW ENGLAND Junior Officer Badge Stickers for Comm Events - Qty 10,000 478.95 01 General Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, October 2017, #0133-0000 24,740.24 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 220/Pre-Employment physicals for 12 new recruits 9,780.00 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 220/Prev Health Exams: Clapp,Kelley,ODonnell;Welborn;Winkler 3,462.19 01 General Fund EMERGING TACTICAL SOLUTIONS Laser Optic For Night Vision - Qty 3 3,707.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Siren Speaker replacement for Unit # 130 224.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Unit #121 Disassemble & Reassemble K9 Unit for Cleaning 2,698.03 01 General Fund FASTENAL COMPANY ADA picnic table bolts - qty 175 15.45 01 General Fund FIRE SAFETY EDUCATION 220/4,000 plastic fire helmets, 2500 activity sheets 2,885.00 01 General Fund FRED PRYOR SEMINARS Training Rewards, Financial Analyst & Admin Asst - Qty 2 398.00 01 General Fund FRED PRYOR SEMINARS Training Rewards, T. Lavoie & Others - Qty 6 Units, FY18 1,194.00 01 General Fund G & R AG PRODUCTS INC Toro sprayer parts - qty 6 43.62 01 General Fund GERALD HENDRICK Per Diem, G. Hendrick, EMS World Expo, Las Vegas NV, 10/16/1 288.00 01 General Fund HOME DEPOT CREDIT SERVICES 2 box fans 59.92 01 General Fund HOME DEPOT CREDIT SERVICES 220/PVC Pipe, St. 1 12.90 01 General Fund HOME DEPOT CREDIT SERVICES 220/strap for BR34 7.97 01 General Fund HOME DEPOT CREDIT SERVICES 4 box fans 119.84 01 General Fund HOME DEPOT CREDIT SERVICES credit on invoice 0021082/duplicate payment on MasterCard (89.97) 01 General Fund HOME DEPOT CREDIT SERVICES utility cart for large special events - qty 1 89.97 01 General Fund IDAHO PEST & BIRD SOLUTIONS, LLC.Pest Control City Hall, service 8/19-9/19/17 175.00 01 General Fund IDAHO POWER ID Power - Fire Department Sept 2017 2,858.84 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH on John Carpenter Preliminary Plat, Cond 50.32 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice on Ord 17-1744 for Adoption of Budget Amendment 53.28 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice on Ord 17-1745 Adoption of FY18 Budget 53.28 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice on Ord 17-1746 for Kachina Estates Sub Annexati 168.97 01 General Fund IDAHO PRESS-TRIBUNE MAC Meridian Art Week Ad, 8/18/17 132.50 01 General Fund IDAHO PRESS-TRIBUNE MAC Meridian Art Week Ad, 8/4/17 132.50 Date: 10/5/17 02:21:16 PM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO STATE CONTROLLERS Idaho State Controller's Payroll Conf PC17, K. Wooddell, 10/ 25.00 01 General Fund IDAHO STATE CONTROLLERS Idaho State Controller's Payroll Conf PC17, T. Lavoie, 10/3 25.00 01 General Fund IDAHO STATE CONTROLLERS Idaho State Controller's Payroll Conf. PC17, R. Cunningham, 25.00 01 General Fund IDAHO STATE TREASURER City of Meridian Unclaimed Property, 7/1/16-6/30/17 141.30 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange 250.00 01 General Fund JAMES B MARSTON Cleaning and repair Grandfather clock at City Hall 185.00 01 General Fund JEFF LAVEY Per Diem, J. Lavey, IACP Training Conference, Philadelphia P 352.00 01 General Fund JOSEPH A THOMPSON Refund, C-ADD-2017-0003, Plan Modification Fee for Ramp 500.00 01 General Fund JUDY GERHART Per Diem, J. Gerhart, Accelerated Assistant Conference, Las 224.00 01 General Fund KIER CONSTRUCTION Refund, Surety-2017-0093, Maverick (Franklin), Landscaping D 14,850.00 01 General Fund LEXIS NEXIS On-line legal research for 9/17 118.00 01 General Fund LIGHTHOUSE UNIFORM CO 220/9 complete Class A Honor Guard Uniforms 6,075.60 01 General Fund LOBBY IDAHO, LLC 18-0027, Government Relations Services, August 2017 2,500.00 01 General Fund LOBBY IDAHO, LLC 18-0027, Government Relations Services, July 2017 2,500.00 01 General Fund LOWE'S 220/4 flood lites, & 2 6packs 40W light bulbs, St. 3 46.46 01 General Fund M.D. WILLIS, INC.17-0014, Stenographic Servies FY 2017 - September 2017 1,784.00 01 General Fund MASTERCARD MC Pay Fire#5, #0869, 9/29/17 Statement 5.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Breakfast, R. Simison, Economic Excellence Breakfast,9/28/17 25.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, R. Simison, Gov Affairs Committee Meeting, 9/18/17 12.00 01 General Fund MINUTEMAN, INC.Keys to meter pedestal for street lights 9.00 01 General Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance October 2017 688.00 01 General Fund NEW YORK LIFE INSURANCE COMPANY New York Life Insurance - October 2017 803.31 01 General Fund OFFICE DEPOT, INC.Highlighter Pens, wastebasket, 11X17 Bright Paper - Qty 4 20.01 01 General Fund OFFICE DEPOT, INC.Pen-Style Staple Remover - Qty 2 3.02 01 General Fund OFFICE DEPOT, INC.Postcards for Notices - Qty 100ct 84.40 01 General Fund PLATT Light Bulbs, Flush Cutter, Voltage Tester, Wire Strippers 485.03 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 9/3-9/17/17 - qty 30 360.00 01 General Fund REAL ANIMAL MANAGEMENT 17-0095 goose management services - August 2017 3,060.00 01 General Fund REVVED UP MOTORSPORTS Front Tire for Motor Unit # 521 199.00 Date: 10/5/17 02:21:16 PM Page: 4 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund REVVED UP MOTORSPORTS Motorcycle Battery for Unit # 521 108.99 01 General Fund RICK LEE Per Diem, R. Lee, K9 E-Collar & SWAT Training Course, Walla 178.50 01 General Fund SCHINDLER ELEVATOR CORP Elevator Service Agreement for City Hal, 10/1/17-12/31/17 1,590.00 01 General Fund SILVER CREEK Tucor surge protector for Storey Park - qty 1 74.06 01 General Fund SIMPLEX GRINNELL 17-0136, Quartely test/inspection City Hall April to June 1,296.31 01 General Fund SIMPLEX GRINNELL 17-0136, Test/instection September 2017 128.80 01 General Fund SLHS SERVICE AREA Physical for C.Yates, required for Lab Certification 79.00 01 General Fund SORIANO FLOOR FINISHING LLC 17-0276, Annual Gym Floor Refinishing - Final Invoice 13,850.00 01 General Fund SORIANO FLOOR FINISHING LLC Homecourt floor repairs 219.00 01 General Fund SUMMIT ENVIRONMENTAL 17-0400 220/Mold remediation all stations 5,900.00 01 General Fund SYNCB/AMAZON Calendars & Day-Minders - Qty 12 82.82 01 General Fund T-ZERS SHIRT SHOP 220/add logo,rank,name to 4 furnished stock 37.00 01 General Fund THE UPS STORE Postage to mail Evidence to Lab 43.01 01 General Fund TOTAL SYSTEM SERVICES installed HVAC damper at Homecourt 250.00 01 General Fund TOTAL SYSTEM SERVICES Repairs to Old City Hall HVAC 374.15 01 General Fund TRACY BASTERRECHEA Per Diem, T. Basterrechea, IACP Annual Training Conference, 352.00 01 General Fund TREVOR PALMER Per Diem, T. Palmer, EMS World Expo, Las Vegas NV, 10/16/17- 288.00 01 General Fund UNION PACIFIC RAILROAD CO 18-0015, UPRR - South Parking Lot Lease FY18 - October 2017 1,692.63 01 General Fund USSSOA flag football officiating 9/18-9/22/17 - qty 8 566.37 01 General Fund USSSOA volleyball officiating for games 9/18-9/25/17; team regsx97 3,548.85 01 General Fund VARSITY FACILITY SERVICES 17-0126, janitorial services to 9/15/17 14,861.88 01 General Fund VISION SERVICE PLAN 30 044489 0001, VSP October 2017 4,825.83 01 General Fund WAXIE SANITARY SUPPLY 17-0111, 1 case foam soap 33.93 01 General Fund WAXIE SANITARY SUPPLY 17-0111, Foam Soap 10 cases 339.30 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance October 2017 5,200.20 Total 01 General Fund 558,214.93 07 Impact Fund FASTENAL COMPANY cement anchors & SS bolts for Reta Huskey Park - qty 110 44.25 07 Impact Fund FASTENAL COMPANY hardware for Reta Huskey Park amenity install - qty 205 94.90 07 Impact Fund FASTENAL COMPANY picnic table bolts for Reta Huskey Park - qty 525 32.65 Date: 10/5/17 02:21:16 PM Page: 5 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund TACOMA SCREW PRODUCTS picnic table bolts, nuts, washers for Reta Huskey Park; 288 39.20 Total 07 Impact Fund 211.00 55 Capital Projects INSIGHT ARCHITECTS, pa ADA Compliance Survey for City Hall, 6/1/17-8/31/17 735.00 Total 55 Capital Projects 735.00 60 Enterprise Fund A COMPANY INC WRRF Capacity Exp Fy15, Rental Service 8/21-9/17/17 90.50 60 Enterprise Fund ACEM FY18 1st Quarter ACEM Emergency Mngt Executive Council Dues 3,516.12 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0192, 17-0035, Ustick & Meridian Intersect, Serv to 9/17 20,957.00 60 Enterprise Fund AFLAC T5581, October 2017, AFLAC 205.39 60 Enterprise Fund ARNOLD MACHINERY CO Mirrors & screws for hyster forklift 136.88 60 Enterprise Fund AWWA-AMERICAN WATER WORKS ASSN AWWA membership renewal for Kyle Radek, Member# 00642794 215.00 60 Enterprise Fund BHS SPECIALTY CHEMICALS 17-0349 D-foam it (2,200#)2,640.00 60 Enterprise Fund BLUE CROSS OF IDAHO October 2017 Blue Cross Insurance 106,559.95 60 Enterprise Fund BPA HEALTH, INC.EAP, Oct 2017, 448 Employees 396.90 60 Enterprise Fund CENTURYLINK Kleiner Park, Home Court, PD DSL, Centrex Phone Lines, 9/17 652.04 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash September 2017 2.00 60 Enterprise Fund CONTAINER & PACKAGING SUPPLY 150ml sample bottles (415 qty)71.94 60 Enterprise Fund CRESTLINE SPECIALTIES CO., INC.Table throw, bubble necklace & sunglasses for public outreac 1,529.72 60 Enterprise Fund DAVID BRIGHAM Refund, 2403083605, Wat/Sew/Trash, 2337 W Snyder St, Auto Pa 29.86 60 Enterprise Fund DAVID MILES Expense Report, D. Miles, NORFMA Annual Conference, Seaside 46.00 60 Enterprise Fund DC FROST ASSOCIATES, INC Lamp holders for repairs in UV 456.81 60 Enterprise Fund DEBRA TREVASKIS Refund, 3737296202, Wat/Sew/Trash, 479 W Polar Bear St, Cust 58.16 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, October 2017, #0133-0000 6,428.37 60 Enterprise Fund DENNIS TELLER Reimb, D. Teller, Tortilla's for Employee Appreciation Break 24.00 60 Enterprise Fund DMITRIY VOLOVIK Refund, 1313896203, Wat/Sew/Trash, 2732 N Dayside Ave, Custo 35.74 60 Enterprise Fund EDGE ANALYTICAL, INC.NPDES testing 117.84 Date: 10/5/17 02:21:16 PM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund EDGE ANALYTICAL, INC.NPDES testing of effluent 184.00 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Watch glasses for phosphorus digestion (1,000 qty)165.47 60 Enterprise Fund FASCILLA MCCULLOCH FAMILIES, LLC Refund, 1733163604, Wat/Sew/Trash, 138 E Waterbury Ln, Title 49.62 60 Enterprise Fund FASTENAL COMPANY Bolts to install truck bed rail system on Maintenance servic 12.00 60 Enterprise Fund FASTENAL COMPANY Nitrile gloves size XL & safety glasses 397.41 60 Enterprise Fund FISHER SCIENTIFIC Custody Seals for water samples - qty 1,000 371.20 60 Enterprise Fund FISHER SCIENTIFIC FIA reagent & pH buffter solutions 4,7,8,10 (26 qty)558.30 60 Enterprise Fund FISHER SCIENTIFIC Jars for solids sampling & FIA reagent 390.92 60 Enterprise Fund FISHER SCIENTIFIC pH buffer 38.70 60 Enterprise Fund FISHER SCIENTIFIC Refund for broken yellow pH buffer solutions (38.70) 60 Enterprise Fund GEORGE THOMAS COX Refund, 0315491401, Wat/Sew/Trash, 1878 W Sheep Hill Ct, Tit 43.98 60 Enterprise Fund GLADYS MUSGROVE & DENNIS MEADOW Refund, 1632068001, Wat/Sew/Trash, 221 W Cranmer Dr, Custome 125.90 60 Enterprise Fund HACH COMPANY COD tests 221.00 60 Enterprise Fund HACH COMPANY Silicone tubing-BEHP composite sampler 375.89 60 Enterprise Fund HACH COMPANY Total N TNT tests & ammonia TNT tests 446.30 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Display for PW Employee Picnic 30.33 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Large Steel Cart Qty 1 89.97 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Spray bottles (bleach) & paint filters (solids testing)20.96 60 Enterprise Fund HYDRO LOGIC INC 17-0049,17-0407Well 15 Reconstuction, consulting 5/9-9/14/17 6,131.25 60 Enterprise Fund HYDRO LOGIC INC 17-0376,Well Monitoring and Aquifer tests, 5/8-9/11/17 7,495.00 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - September 2017 56,114.53 60 Enterprise Fund IDAHO POWER 2205167097 WWTP Power - Liftstations - September 2017 3,628.26 60 Enterprise Fund IDAHO STATE TREASURER City of Meridian Unclaimed Property, 7/1/16-6/30/17 1,876.49 60 Enterprise Fund INFOR (US), INC.17-0408, PSA for MACP & PACP Configuration,Serv Thru 8/10/17 3,010.00 60 Enterprise Fund INFOR (US), INC.17-0408, PSA for MACP & PACP Configuration,Serv Thru 9/26/16 7,417.50 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AAA batteries 19.00 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Automotive Battery C13726 Qty 1 134.75 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0339,Well 30, Construction Services 8/21-9/20/17 131,996.76 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees, August 2017 641.33 60 Enterprise Fund JAMES & LINDA PERKINS Refund, 2404218002, Wat/Sew/Trash, 1687 W Santa Clara Dr, Au 105.72 Date: 10/5/17 02:21:16 PM Page: 7 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund JAY & APRIL STEPHENS Refund, 0470330303, Wat/Sew/Trash, 649 W Producer Dr, Custom 143.79 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Water Treatment, Service 7/30-9/2/17 16,376.30 60 Enterprise Fund JUB ENGINEERS 17-0100,Sewer Main Rep.,NW 1st St,service as of 7/29/17 495.00 60 Enterprise Fund JUB ENGINEERS 17-0151,Water Main Rep.,Rose Circle,Services 7/30-9/2/17 229.20 60 Enterprise Fund JUB ENGINEERS 17-0280,Sewer Main Rep.,E Wash/Carlton,service 6/4-7/29/17 831.50 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Gates, 2250 v-belt 15.69 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Part to repair spare mixer, aeration basin 96.23 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 7/1-8/31/17 Little Ck. ph1-6 sheets 1,560.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 8/1-31/17 Caven Ridge Est. East-7 sheets 1,820.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 8/1-31/17 Southern Highlnd #4-3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 8/1-31/17 Volterra Hts#3-3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs-8/1-31/17 Decatur Est. #3-2 sheets 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs-8/1-31/17 Gyro Shack-Linder-1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs-8/1-31/17 Whiteacre Sub#3-1 sheet 260.00 60 Enterprise Fund LEAPFOX LEARNING Registration, A. Ploetz, InDesign CS6 Part 1, Meridian ID, 1 790.00 60 Enterprise Fund LES SCHWAB TIRE CENTER Labor & materials to replace tires on 2001 Kawasaki 253.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 16-0408,WRRF Centrate Modification,services 9/4-9/17/17-Fina 866.60 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp FY15,services 8/21-9/3/17 6,827.88 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp.FY15,services 8/7-8/20/17 7,108.30 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades,services 8/21-9/3/17 1,443.80 60 Enterprise Fund McCALL INDUSTRIAL SS coupling & bushing 33.50 60 Enterprise Fund MINUTEMAN, INC.Main building keys 31.50 60 Enterprise Fund MITCHELL & FARRAH STOKER Refund, 4618321102, Wat/Sew/Trash, 2518 E Taormina Dr, Custo 42.45 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Aluminum 6 inch camlok & groove type D coupler 69.03 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Clear flexible vinyl tubing & clear semi-ridge vinyl tubing 65.25 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Bolts to repair spare fermentation mixer 64.95 Date: 10/5/17 02:21:16 PM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MURRAYSMITH INC 16-0144,Water&Sewer main Rep.Gregory Liftstation 8/31/17 1,347.50 60 Enterprise Fund MURRAYSMITH INC 17-0141,Water master Plan, as of 8/31/17 4,779.50 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance October 2017 128.00 60 Enterprise Fund NEW PIG CORPORATION Oil only absorbent mat pad 92.18 60 Enterprise Fund NORTHWEST POWER SYSTEMS, INC Generator service on CCTV Van 2 C19267 261.00 60 Enterprise Fund PACIFIC STEEL & RECYCLING Rec Tube, HR Flat 20' Qty 2 252.53 60 Enterprise Fund PACIFIC STEEL & RECYCLING Stock metal (5 qty)2,325.48 60 Enterprise Fund PENN VALLEY PUMP CO Repair stocked switch 96.00 60 Enterprise Fund PLATT Bushing, hex nuts, screws, blank weatherproof covers-Qty 218 53.95 60 Enterprise Fund PLATT LED driver to repair overhead entry lights at Lab bldg 198.86 60 Enterprise Fund RED WING SHOES Safety boots for Ryan Mason 165.74 60 Enterprise Fund RIVERSIDE, INC.Labor & parts to repair whitewater DAFT spare pump 318.45 60 Enterprise Fund ROCKY MOUNTAIN COLLISION Emissions Tests for Vehicles Lic# C4707, C9465, C11289 26.64 60 Enterprise Fund SEARS Washer & dryer for Collections 836.87 60 Enterprise Fund SKILLPATH SEMINARS Registration for Gina Harris to attend Admin Assistant 99.50 60 Enterprise Fund SYNCB/AMAZON Calendars & Day-Minders - Qty 12 60.36 60 Enterprise Fund SYNCB/AMAZON Poly folders & green dots for Record Retention - Qty 2 84.10 60 Enterprise Fund SYNCB/AMAZON Tourniquets 134.85 60 Enterprise Fund SYNCB/AMAZON Tubes for Record Retention - Qty 2 16.17 60 Enterprise Fund TACOMA SCREW PRODUCTS O-rings to repair spare mixer, fermentation 3.97 60 Enterprise Fund THE PAINTING PRO Labor & supplies to paint inside Collections bldg 2,355.00 60 Enterprise Fund THE PAINTING PRO Labor & supplies to paint S. Black Cat lift station 2,855.00 60 Enterprise Fund TRACY VERBANAC Refund, 2323301003, Wat/Sew/Trash, 900 W Idaho Ave, Customer 82.58 60 Enterprise Fund UNITED OIL Diesel fuel 2,252.48 60 Enterprise Fund USA BLUEBOOK Green inverted paint 87.34 60 Enterprise Fund VARSITY FACILITY SERVICES 17-0126, janitorial services to 9/15/17 1,665.21 60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001, VSP October 2017 1,395.86 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance October 2017 2,444.10 60 Enterprise Fund WILLIAM B. JR. & LAUREN E. TODD Refund, 4618310902, Wat/Sew/Trash, 2662 E Taormina Dr, Auto 127.09 60 Enterprise Fund WW GRAINGER, INC Filters to repair backwash on filter on tertiary (2 qty)1,363.32 60 Enterprise Fund WW GRAINGER, INC Trace metals sampler parts (2 qty)115.86 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 monthly copier lease for Aug 2017 plus 154.31 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for Aug 2017 plus 155.05 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692 monthly copier lease for Aug 2017 plus 308.30 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Repair kit to rebuild spare aeration basin mixer 5,466.48 Date: 10/5/17 02:21:16 PM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 440,097.66 Report Total 999,258.59 Date: 10/5/17 02:21:16 PM Page: 10 Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Light My Fire, Inc. Check Presentation MEETING NOTES L/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Americian Heart Association Workplace Health Achievement Award MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Resolution No: zj - ?2 Ll r : A Resolution Affirming the City of Meridian's Commitment to Supporting an Amendment to the Idaho State Constitution to Provide Equal Rights for Crime Victims, Commonly Known as Marsy's Law MEETING NOTES &I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /7— Z/ I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION AFFIRMING THE CITY OF MERIDIAN'S COMMITMENT TO SUPPORTING AN AMENDMENT TO THE IDAHO STATE CONSTITUTION TO PROVIDE EQUAL RIGHTS FOR CRIME VICTIMS, COMMONLY KNOWN AS MARSY'S LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; in 2016 there were 3,712 violent crimes were reported in Idaho affecting individuals, their families, and communities; and, WHEREAS, victims of crimes should always be treated with fairness and respect throughout the criminal justice process, protected from the defendant, reasonably heard at public proceedings regarding their case, and given a voice through the process of the case; and, WHEREAS, victims should receive the same rights that are afforded to criminals and have rights to notification of release, hearings, appropriate restitution, and the right to speak at criminal proceedings; and, WHEREAS, Victims' Rights is a non-partisan, non-political issue; and, WHEREAS, the City of Meridian is dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim responders, and working for justice for all victims and survivors; and, WHEREAS, advocacy organizations are working statewide to guaranteeing victims' rights and providing a voice by amending the. Idaho State Constitution as proposed in Senate Joint Resolution 103 during the 2017 Idaho legislative session; and, WHEREAS, Marsy's Law is a common sense approach to ensuring Victim's Rights, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian believes it is necessary to amend the Idaho State Constitution as proposed in Senate. Joint Resolution 103 during the 2017 Idaho legislative session to afford victims of violent crimes with equal rights and protections.. Section 2. That the City of Meridian actively supports the efforts of Marsy's Law for Idaho as a way to strengthen the public health and safety in Meridian and in Idaho. Section 3. That this Resolution shall be in full force and effect upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 10th day of October, 2017. APPROVED by the Mayor of the City of APPROVED: Tammy fie-WXerd, Mayor RESOLUTION AFFIRMING COMMITMENT TO MARSY's LAw , this 10th day of October, 2017. �T ATTEST: �+ << „r o Col SEAL C.6y Cole ity Clerk .uV Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Commission Appointments Resolution No. %—�— ?o Ll )- : A Resolution Reappointing Creg Steele to Seat 4 and John Nesmith to Seat 3 of the Meridian Parks Commission. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /1— — DO q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING JOHN NESMITH TO SEAT 3 AND CREG STEELE TO SEAT 4 OF THE MERIDIAN PARKS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, John Nesmith was reappointed in October of 2014 to Seat 3 with a term to expire in October of 2017 and Creg Steele was reappointed in October of 2014 to Seat 4 to a term that will expire in October of 2017; WHEREAS, John Nesmith may be reappointed to Seat 3 to a term of 3 years to expire October 31, 2020; Creg Steele may be reappointed to Seat 4 to a term of 3 years to expire October 31, 2020. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioners John Nesmith and Creg Steele as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, John Nesmith shall be reappointed to Seat 3 of the Meridian Parks Commission, which term shall run through October 31, 2020. Section 2. That, effective immediately, Creg Steele shall be reappointed to Seat 4 of the Meridian Parks Commission, which term shall run through October 31, 2020, Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this %U day of October, 2017. APPROVED by the Mayor of the C APPROVED: de Weerd Idaho; this 15 day of October, 2017. ATTEST: ('it v of o w D1AN� �L C. J&y Col RESOLUTION REAPPOINTING NESMITH AND STEELE TO MERIDIAN PARKS COMMISSION CITY OF MERIDIAN RESOLUTION NO. 17 ` c?o L( 3 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING MICHELLE JENSEN TO SEAT 5 AND MIKE PEPIN TO SEAT 2 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and vacant; WHEREAS, Seat 2 and Seat 5 of the Meridian Parks and Recreation Commission are currently WHEREAS, Michelle Jensen may be appointed to Seat 5 of the Meridian Parks and Recreation Commission with a term of 3 years to expire October 31, 2020; WHEREAS, Mike Pepin may be appointed to Seat 2 of the Meridian Parks and Recreation Commission to fill the remainder of the vacant with a term to expire October 31, 2019. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Michelle Jensen to Seat 5 and Mike Pipen to Seat 2 of the Meridian Parks and Recreation Commission as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Michelle Jensen shall be appointed to Seat 5 of the Meridian Parks and Recreation Commission, which term shall run through October 31, 2020, effective November 1, 2017. Section 2. That Mike Pepin shall be appointed to Seat 2 of the Meridian Parks and Recreation Commission, which term shall run through October 31, 2019, effective immediately upon adoption and approval of this Resolution. ADOPTED by the City Council of the City of Meridian, Idaho, this /0 day of October, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 16 day of October, 2017. oRATEoq4, APPROVED: 2Go�Qe�s' ATTEST: �ifYuf o w m E IANC Mayor T de Weerd �� SEAL C. ay Col s ti. �, RESOLUTION APPOINTING JENSEN AND PEPIN TO MERIDIAN PARKS AND RECREATION COMMISSION CITY OF MERIDIAN RESOLUTION NO. �7— do BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING DAWN CRONK TO SEAT 1 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, Dawn Cronk was appointed in March of 2015 to Seat I with a term to expire in October of 2017; WHEREAS, Dawn Cronk may be reappointed to Seat 1 to a term of 3 years to expire October 31, 2020; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Commissioner Dawn Cronk as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Dawn Cronk shall be reappointed to Seat 1 of the Meridian Historic Preservation Commission, which term shall run through October 31, 2020. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this /0 day of October, 2017. 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this a day of October, APPROVED: �Go,QORATEDgUc�S; ATTEST• E IDIA ,° Nom. Mayor my de Weerd SEAL �`"° y Col RESOLUTION APPOINTING CRONK TO MERIDIAN HISTORIC PRESERVATION COMMISSION Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Public Works: Annual Department Update MEETING NOTES v Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Public Works Department Update October 10, 2017 Agenda Introduction Utilities Engineering/ Inspection Business Operations Wrap-Up Questions Public Works A Year of Significant Challenge •Leadership •Organization •Growth •Regulatory Landscape Above & Beyond Moments PW Awards •Public Works Annual Awards –Team Achievement Award •Collections Team –Cross-Functional Team Award •Struvite/Digester 3 Team –PW Employee of the Year •Nathan Howell •Garrick Nelson –PW Supervisor of the Year •Tony Bernard –PW Project of the Year •Area of Drilling Concern (Kyle Radek) Above & Beyond Moments Daring duckling rescues Above & Beyond Moments View of the eclipse from the Watertower •City’s 2nd most popular Facebook post –28 Shares –102 Likes –7 Comments Above & Beyond Moments Largest Hairball at Wastewater •City’s most popular Facebook post –186 Shares –119 Likes –86 Comments Introduction What’s Behind Us Current Initiatives Mapping the Road Ahead Utilities Laurelei McVey What’s Behind Us Entertaining the Council WRRF Council Member Tours Educating •NPDES Permit –Effective 8/1/2017 –100% Compliance –WIMS/LIMS –In-house Efforts •Studies/Plans Utilities – What’s Behind Us •Snowmaggedon Utilities – What’s Behind Us Utilities – What’s Behind Us •Struvite –Investigating Innovative Technologies, with Success! –Hydroflow & Struv-Free Struvite buildup in pipes Struvite on digester walls Struvite buildup After 24 hours •Mobile Solutions = Better Efficiency, Effectiveness, and Customer Service –Cradlepoint/AVL –Pretreatment Database Utilities – What’s Behind Us •Backflow - Efficiency and Accuracy –New software platform developed –Incorporated into new billing system •IPS –Stage IV - Blow offs, Fire Hydrants, Valves, PRV’s, Wells, and Booster Stations •UBS –Implemented and fully operational - 1 year! Utilities – What’s Behind Us •Collections –New Hydrocleaner – December 16, 2016 –Challenges •Snowmaggedon •Staff Turnover/Promotions –Successes •Cleaning –Completed 940 WO –35 miles of pipe YTD •CCTV –Completed 820 WO –29 miles of pipe YTD •Assisted –Flooded vaults and flooded streets –Plant cleaning –High flow event at plant –Goals for 2018 •Full staff and running trucks! •Clean 109 miles •CCTV 66 miles Utilities – What’s Behind Us •Safety –In-house training –Improved Equipment: LOTO, Confined Space Entry, First Aid, Eyewash Stations –Online SDS database Utilities – What’s Behind Us •Staff Recognition –Miguel Espinola •Idaho Collections Operator of the Year –Travis Kissire •City Supervisor of the Year •Licensure Upgrades –Water - 4 new licenses –Wastewater - 2 new licenses, 4 license upgrades Utilities – What’s Behind Us Water Wastewater Current Initiatives •Growth Pressures –Regulatory –Capacity –Quality –Customer Experience Utilities – Current Initiatives 4.5 5 5.5 6 6.5 7 7.5 8 8.5 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec MG D Average Monthly Flow (NPDES+Reuse) 2013 2015 2017 •SCADA –Critical Program •Compliance •Public Health •Protection of Environment •Protection of Equipment –Significant Growth in Size and Complexity –Limited Resources •1 Staff Member –Taking a Step Back to… •Analyze and develop program structure and requirements •Identify proper resources Utilities – Current Initiatives Utilities – Current Initiatives •Reuse Permit –Renewal Process –10 Year Permit •Idaho Power Buyout –Received Initial Agreement –Next Steps Include: Idaho & Oregon PUC –Anticipated Acquisition: Early 2018 –Critical for Projects Currently Underway (Capacity & Headworks) Mapping the Road Ahead Utilities – Mapping the Road Ahead •WRRF Construction –Anticipated Completion: 2019 –Complexity •Operating 2 Plants •Stringent Limits –Staffing (24/7) – 2020 •Next Permit – 2022 •The Water Quality Cycle Utilities – Mapping the Road Ahead Years of pumping dissolved Iron and Manganese rich water from our aquifer The addition of chlorine- for disinfection - causes the Iron and Manganese to precipitate out, which builds up on pipes in the system When we flush the system, this build up gets stirred up and can show up as “brown water” in customer’s homes •The IMPROVED Water Quality Cycle Utilities – Mapping the Road Ahead Introduction of Treatment Facilities - removes additional Iron and Manganese from entering the system! Unidirectional Flushing Program - strategically flushes system in one direction - uses less water! Engineering Warren Stewart What’s Behind Us Above & Beyond Moments Dream Big Movie •UV Disinfection Facility •PLC Upgrades •Sewer Main Replacement Software Program •Water Supply –ADC –Water Rights Transfer •Water Quality –Well 27 Treatment –Flushing Program Engineering – What’s Behind Us •Mainlines, Lift Station –South Black Cat Lift Station –Downtown Sewer and Water Projects, Five Mile Trunk, Ustick & Meridian, Franklin Rd •Inspection Services on Over 105 Projects •NPDES Permit •Sewer Collection System Master Plan •Streetlight Projects Engineering – What’s Behind Us Current Initiatives •WRRF Projects Capacity Expansion •WRRF Headworks •BRO Pump Station •Centrate Project •South Meridian Sewer and Water Mains –Black Cat Sewer Trunk –Linder Road Sewer Trunk –Locust Grove & Lake Hazel Water Main –Amity Road & Linder Water Main •Water supply –Well 29 –Well 30 –Well 32 –PRV Upgrades Engineering – Current Initiatives •Water Quality –Well 22 Treatment Design –Well 28 Treatment Design –Unidirectional Flushing •Facility Plan •Streetlights –Settlers Park –Intersection Improvement Project –CDBG –Cherry Lane •WRRF Power Lines •Updated Supplemental Specifications Engineering – Current Initiatives Mapping the Road Ahead •WRRF –Capacity Expansion –Headworks –Side Stream Treatment –Enhanced Filtration –WRRF Second Access •Recycled Water Future •Inspection Work Load •Rising Construction Costs •Streetlight Projects/Program •Emerging Regulations •Water Rights Mitigation •Long-term Infrastructure Replacement Engineering – Mapping the Road Ahead •South Meridian –Victory & Ten Mile Water Main –Victory Sewer Shed Service •Interim Plan •McDermott Trunk •McDermott Lift Station Engineering – Mapping the Road Ahead Business Operations Alex Freitag What’s Behind Us •Financial: –New 10-year CFP (FY19 – FY28) –Water System Fee Schedules Business Ops – What’s Behind Us •Asset Management/GIS: –Water Asset Plan Part IV –Water Quality Map Business Ops – What’s Behind Us •Business Programs: –FEMA Map Changes on Nine Mile Creek –AIC Utility Study –Environmental Awards •Capital Project and Facilities: –Completed/Supported 11 Projects –Responded to 1,250 Case Management Requests Business Ops – What’s Behind Us Current Initiatives •Financial: –Utility Rates/Assessment Fees Update –Commercial ERU Calculation Project/Ordinance Business Ops – Current Initiatives •Asset Management: –WAP Phase V –MACP/PACP Interface Replacement –GIS Layer Improvements Business Ops – Current Initiatives •Level of Service Customer Service Regulatory Quality Reliability •Department Tactical Plan •Defining LOS and Performance Metrics •PW Communications Business Ops – Current Initiatives Mapping the Road Ahead •Fiscal Responsibility: –FY19 Budget –Address Forecasted Funding Gap –Funding Strategic Investments Business Ops – Mapping the Road Ahead •Supporting Operational Excellence: –Fleet Management/Vehicle Replacement Evaluation –Continuous Improvement –Environmental Programs –Workforce Development Business Ops – Mapping the Road Ahead Mapping the Future Ten Years Out – FY2027 Mapping the Future Ten Years Out – FY2027 •City •Water •Wastewater Mapping the Future Looking at 2027 *Based on COMPASS estimates 4/1/17 City of Meridian 2017 2027 Population* 98,300 139,223 Dwelling Units 36,861 50,756 City Boundary Area 33 sq. miles 40 sq. miles Mayor Tammy 4th Term 6th Term Mapping the Future Looking at 2027 Water Utility 2017 2027 Water Accounts 33,677 47,417 Water Pumped (Gallons Annually) 3.6 Billion 5.2 Billion Water Main Miles 553 727 Wells 24 29 Reservoirs 3 4 Treatment Facilities 3 8 Valves 15,770 21,230 Mapping the Future Looking at 2027 Wastewater Utility 2017 2027 Sewer Accounts 33,209 47,035 Avg. Sewer Flow (MGD) 7.4 10.5 Sewer Main Miles 449 593 Manholes 11,805 16,185 Aeration Basins 4 10 NPDES Permits 1st since 1999 2 more by 2027 Mapping the Future Looking at 2027 •Resources –Capital, $200 M over 10 years –Staffing, Additional 32 over 10 years (boots on the ground) •Unknown Regulatory Mandates •Conservative Growth Projections GROWTH Mapping the Future The team who will get us there Questions? Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Building Division: Overview of Process for Adoption of 2015 International Building Code, 2012 International Residential Code, 2015 International Existing Building Code, 2017 Idaho State Plumbing Code, 2015 International Fire Code and proposed local amendments 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 DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 1 OF 32 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2015 INTERNATIONAL BUILDING CODE, 2015 INTERNATIONAL RESIDENTIAL CODE, 2015 INTERNATIONAL ENERGY CONSERVATION CODE, 2015 INTERNATIONAL EXISTING BUILDING CODE, AND LOCAL AMENDMENTS THERETO; AMENDING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE, ADOPTING THE 2017 IDAHO STATE PLUMBING CODE, PERMIT REQUIRED, APPLICATION ISSUANCE, FEES, INSPECTION REQUIREMENTS, AND PENALTIES; AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE, ADOPTING THE 2017 NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS THERETO, PERMIT APPLICATION, ISSUANCE, AND FEES; AMENDING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING THE 2015 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO;AMENDING MERIDIAN CITY CODE SECTION 10-5-2, LOCAL AMENDMENTS TO THE 2012 INTERNATIONAL MECHANICAL CODE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to its authority under Idaho Code section 39-4116(4)(b), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2015 International Building Code (IBC), the 2015 Idaho Residential Code (IRC), the 2015 Idaho Energy Conservation Code (IECC), and the 2015 International Existing Building Code, and that such amendments are reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS, pursuant to its authority under Idaho Code sections 50-301 and 54-2619, the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2017 Idaho State Plumbing Code (ISPC); WHEREAS, pursuant to its authority under Idaho Code sections 50-301 and 54-1001C, the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2017 National Electrical Code (NEC); WHEREAS, pursuant to its authority under Idaho Code sections 50-301, 41-253(1), and 41-256(1), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2015 International Fire Code (IFC); WHEREAS, pursuant to its authority under Idaho Code sections 50-301 and 54-5016(4), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2012 International Mechanical Code (IMC); DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 2 OF 32 WHEREAS, the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, and 2012 IMC; and WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments to the IBC, IRC, and IECC was conducted on November 21, 2017, following provision of the proposed language of this ordinance to Associated General Contractors of America, Associated builders and contractors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Counties, Idaho Association of REALTORS®, Idaho Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Idaho Building Trades, by U.S. mail, on October 11, 2017, and publication of notice of the time and place thereof in the Meridian Press on October 20, 2017; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the following sections of Title 10, Chapter 1, Meridian City Code, shall be amended as follows: 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL EXISTING BUILDIGN CODE, AND LOCAL AMENDMENTS: The following codes, published by the International Code Council, including all appendices thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the city of Meridian, save and except such portions as hereinafter deleted, modified or amended: A. The 2012 2015 edition of the international building code (hereinafter IBC), as amended by section 10-1-2 of this chapter; B. The 2012 2015 edition of the international residential code (hereinafter IRC), as amended by section 10-1-3 of this chapter; and C. The 2012 2015 edition of the international energy conservation code (hereinafter IECC), as amended by section 10-1-4 of this chapter.; and D. The 2015 edition of the international existing building code (hereinafter IEBC). 10-1-2: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments to the IBC shall apply: DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 3 OF 32 A. IBC section 107.2.5 shall be amended to read as follows: Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing, to scale, the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. B. IBC section 109.2 shall be amended to provide as follows: Permit Fees. The fee for each permit shall be as set forth pursuant to a schedule of permit fees as established by resolution of the city council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Final building permit valuation shall be set by the building official for all permits that require initial estimated valuation and final estimated valuation by the applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid. C. A new section, section 109.6.1, shall be added to the IBC to provide as follows: Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the building official no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. D. A new section, section 109.7, shall be added to the IBC to provide as follows: Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the building official. Expired permits may not be transferred. No permit transfer may be made without written approval of the building official; if transfer is attempted without written approval of the building official, such permit shall be deemed void. E. IBC section 312.1 shall be amended with the deletion of the requirement for agricultural buildings to comply with the IECC IBC. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 4 OF 32 F. A new section, section 908.7.2, shall be added to the IBC to provide as follows: Where Required In Existing Dwellings. Where interior work requiring a permit occurs within existing dwellings that have attached garages, or in existing dwellings with fuel-fired appliances, carbon monoxide alarms shall be provided in accordance with section 908.7. F. G. IBC section 1612 shall be deleted, and replaced with language to provide as follows: Flood Loads. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. G. H. A new section, section 1805.3.3 1805.3.4, shall be added to the IBC to provide as follows: Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the high groundwater table in the city of Meridian, in accordance with American Society Of Mechanical Engineers standard A17.1, section 2.2.2.3. H. I. IBC section 1807.1.4 shall be deleted, and replaced with language to provide as follows: Wood Footings Or Foundations. Regardless of the provisions of the IRC or IBC, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. I. J. IBC section 3002.4 shall be amended to provide as follows: Elevator Car To Accommodate Ambulance Stretcher. Where elevators are provided in buildings two (2) or more stories above, or two (2) or more stories below, grade plane, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher twenty-four by eighty-four inches (24" x 84") with not less than five inches (5") radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3") high, and shall be placed inside on both sides of the hoistway door frame. J. K. IBC section 305.2.3 shall be deleted, and replaced with language to provide as follows: Twelve (12) Or Fewer Children In A Dwelling Unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such daycare shall be classified as a group R-3 occupancy or shall comply with the IRC. K. L. IBC section 308.6.4 shall be deleted, and replaced with language to provide as follows: Persons Receiving Care In A Dwelling Unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving daycare or having five (5) or fewer DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 5 OF 32 persons receiving custodial care shall be classified as a group R-3 occupancy or shall comply with the IRC. L. M. IBC section 310.5 shall be deleted, and replaced with language to provide as follows: Residential Group R-3. Residential occupancies where the occupants are primarily permanent in natures and not classified as group R-1, R-2, R-4, E, or I, including: 1. Buildings that do not contain more than two (2) dwelling units; 2. Boarding houses (non-transient) with sixteen (16) or fewer occupants; 3. Boarding houses (transient) with ten (10) or fewer occupants; 4. Care facilities that provide accommodations for five (5) or fewer persons receiving care; 5. Congregate living facilities (non-transient) with sixteen (16) or fewer occupants; 6. Congregate living facilities (transient) with ten (10) or fewer occupants; or 7. Dwelling units providing daycare for twelve (12) or fewer children. 8. Lodging house with five or fewer guest rooms. M. N. IBC section 310.5.1 shall be deleted, and replaced with language to provide as follows: Care Facilities Within A Dwelling. Care facilities for twelve (12) or fewer children receiving daycare or for five (5) or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the IRC. N. Add footnote (f) in the header row of the table column labeled “Drinking fountains” of Table 2902.1 Minimum Number of Required Plumbing Fixtures, and add footnote (f) under Table 2902.1 to state the following: Drinking fountains are not required for an occupant load of (30) or fewer. O. Footnote (f) to table 2902.1, Footnote (e)Minimum Number Of Required Plumbing Fixtures, IBC section 2902.6 shall be deleted, and replaced with language to provide as follows: Drinking fountains are shall not be required for an occupant load of thirty (30) or fewer. P. Footnote (g) (e) to table 2902.1, Minimum Number Of Required Plumbing Fixtures, shall be deleted, and replaced with language to provide as follows: For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required. Q. The appendices of the international building code shall be amended with the deletion of appendices A (employee qualification); C (agricultural buildings); G (flood-resistant construction); J (grading); K (administrative and electrical); and M (tsunami-generated flood hazard). All other appendices shall be mandatory. Q. IBC Appendices B, E, F, H, I, and L shall be mandatory. 10-1-3: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 6 OF 32 The following amendments to the IRC shall apply: A. Parts VII (plumbing) and VIII (electrical), and appendix L (permit fees) shall be deleted. B. Exception 1 of IRC section R101.2, Scope, shall be deleted. C. Exception 2 of IRC section R101.2, Scope, shall be deleted and replaced with language to provide as follows: Exception: Owner-occupied lodging houses with three (3) five (5) or fewer guestrooms shall be permitted to be constructed in accordance with the IRC for one- and two-family dwellings. Such occupancies shall be required to install smoke alarms and carbon monoxide alarms in accordance with sections R314 and R315, respectively, of the IRC or one- and two- family dwellings. D. Item 2 of the "Building" subsection of IRC section R105.2, Work Exempt From Permit, shall be deleted and replaced with the following: Fences not over six feet (6') high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type, or other aspect thereof. D. E. Item 7 of the "Building" subsection of IRC section R105.2, Work Exempt From Permit, shall be deleted and replaced with the following: Prefabricated swimming pools that are not greater than four (4) feet deep. E. F. A new item, no. 11, shall be added to the "Building" subsection of IRC section R105.2, Work Exempt From Permit: Flagpoles. G. F. H. A new section, section R108.5.1, shall be added to the IRC to provide as follows: Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the community development director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. G. I. A new section, section R108.5.2, shall be added to the IRC to provide as follows: Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 7 OF 32 the community development director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the community development director or designee; if transfer is attempted without written approval, such permit shall be deemed void. H. Table R201.2(1), Climate and Geographic Design Criteria, shall be completed with criteria as follows: GROUND SNOW LOAD: 20 psf. Design roof load shall not be less than a uniform snow load of 25 psf. WIND DESIGN SPEED (mph): 115 mph for risk occupancy II or less; 120 mph for risk occupancy III or greater. WIND DESIGN TOPOGRAPHIC EFFECTS: No, in accordance with Section R301.2.1.5 SEISMIC DESIGN CATEGORY: C WEATHERING: Severe FROST LINE DEPTH: 24 inches TERMITE: Slight to Moderate WINTER DESIGN TEMP: 10 degrees F (annual mean temperature: 51.1 degrees F). The outdoor design dry-bulb temperature shall be selected from the columns of 97 ½ percent values for winter from Appendix D of the Idaho State Plumbing Code or as determined by the Building Official. ICE BARRIER UNDER LAYMENT REQUIRED: No FLOOD HAZARDS: Refer to Title 10, Chapter 6, Meridian City Code, Flood Damage Prevention. I. J. IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows: Floodplain Construction. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. K. The column of IRC table R302.1(1) entitled Minimum Fire Separation Distance shall be deleted and replaced with language to provide as follows: Minimum Fire Separation Distance: Minimum Fire Separation Distance: Projections (fire -resistance rated): < Three (3) feet Projections (not fire -resistance rated): = Three (3) feet J. IRC Table R302.1(1), Exterior Walls shall be deleted, and replaced with language to provide as follows: Minimum Fire Separation Distance: Walls (fire -resistance rated): < Three (3) feet Walls (not fire -resistance rated): = Three (3) feet DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 8 OF 32 EXTERIOR WALL ELEMENT MINIMUM FIRE- RESISTANCE RATING MINIMUM FIRE SEPARATION DISTANCE Walls Fire-resistance rated 1 hour-tested in accordance with ASTM E 119 or UL263 with exposure from both sides < 3 feet Not fire-resistance 0 hours ≥ 3 feet Projections Fire-resistance rated 1 hour on the underside ≥ 2 feet to < 3 feet Not fire-resistance rated 0 hours ≥ 3 feet Openings in Walls Not allowed N/A < 3 feet 25% maximum of wall area 0 hours ≥ 3 feet to < 5 feet Unlimited 0 hours 5 feet Penetrations All Comply with Section R302 .4 < 3 feet None required ≥ 3 feet K. L. The exception to IRC section R302.2, Townhouses, shall be deleted, and replaced with language to provide as follows: Exception: Two (2) one-hour fire-resistance rated wall assemblies or a common two-hour fire-resistance rated wall assembly tested in accordance with ASTM E119 or UL 263 is permitted for townhouses. If two (2) one-hour rated walls are used, plumbing and electrical installations within the wall cavity shall conform with fire-resistance penetration requirements in accordance with section R302.4 through R302.4.2 for each of the two (2) one-hour rated walls. The two-hour fire-resistance rated common wall shall not contain plumbing or mechanical equipment, ducts, or vents within its wall cavity. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against the exterior walls and the underside of the roof sheathing. Penetrations of electrical outlet boxes shall be in accordance with section R302.4. L. M. IRC section R302.6, Dwelling/Garage Fire Separation, shall be amended to provide as follows: Dwelling/Garage Fire Separation. Walls and ceiling of garages shall be covered with not less than 5/8-inch (15.9 mm) type X gypsum board or equivalent. M. N. IRC section R303.4 shall be deleted. and replaced with language to provide as follows; Dwelling units shall be provided with whole-house mechanical ventilation in accordance with Section M1507.3. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 9 OF 32 Exception: Where the air infiltration rate of a dwelling unit is equal to 5 air changes per hour or greater when tested with a blower door at a pressure of 0.2 inch w.c. (50 pa) in accordance with Section N1102.4.1.2. N. O. The exception to IRC section R313.1, Townhouse Automatic Fire Sprinkler Systems, shall be deleted, and replaced with language to provide as follows: Exception: Automatic residential fire sprinkler systems shall not be required in townhouses where either two (2) one-hour fire-resistance rated walls or a common two-hour fire- resistance rated wall is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. O. P. IRC section R313.2 shall be deleted. P. Q. New language shall be added to IRC section R315.3 to provide as follows: Exception: Work involving the exterior surfaces of dwellings. Q. R. IRC section R322 shall be deleted, and replaced with language to provide as follows: Flood-Resistant Construction. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. R. S. IRC section R402.1 shall be amended to provide as follows: Wood. Regardless of the provisions of the IBC or IRC, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. S. T. IRC section R501.3 and its exceptions shall be deleted. T. U. IRC section R602.10 shall be deleted, and replaced with the following: Wall Bracing. Buildings shall be braced in accordance with this section or, when applicable section R602.12, or the most current edition of APA System Report SR-102 as an alternate method. Where a building, or portion thereof, does not comply with one (1) or more of the bracing requirements in this section, those portions shall be designated and constructed in accordance with section R301.1. V. The following sections and tables of IRC chapter 11 shall be amended in accordance with the requirements contained below: 1. Table N1102.1.1 (IECC table R402.1.1), Insulation And Fenestration Requirements By Component; 2. Table N1102.1.3 (IECC table R402.1.3), Equivalent U-Factors; DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 10 OF 32 3. Table N1102.2.6 (IECC table R402.2.6), Steel-Frame Ceiling, Wall And Floor Insulation (R-Value); 4. Section N1102.4.1 (IECC R402.4.1), Building Thermal Envelope; 5. Section N1102.4.1.1 (IECC R402.4.1.1), Installation; 6. Table N1102.4.1.1 (IECC table R402.4.1.1), Air Barrier And Insulation Installation; 7. Section N1102.4.1.2 (IECC R402.4.1.2), Testing Option; 8. Add section N1102.4.1.3 (IECC R402.4.1.3), Visual Inspection Option; 9. Add section N1102.6 (IECC R402.6), Residential Log Home Thermal Envelope; 10. Add table N1102.6 (IECC table R402.6), Log Home Prescriptive Thermal Envelope Requirements By Component; and 11. Section N1104.1 (IECC R404.1), Lighting Equipment. U. IRC Appendices A, B, C, D, E, F, G, H, I, J, and K shall be mandatory. 10-1-4: AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments to the 2015 IECC shall apply: A. The values contained in the 2015 IECC table R402.1.1 R402.1.2 (IRC table N1102.1.1), shall be deleted, and replaced with language to provide as follows: Table R402.1.1 R402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT Climate Zone Fene- stration U- Factor b Sky- light U- Factor b Glazed Fene- stration SHGC b, e Ceiling R- Value Wood Frame Wall R- Value Mass Wall R- Value i Floor R- Value Base- ment Wall R- Value c Slab R- Value d Crawl- space Wall R- Value c 5 and marine 4 0.35 0.60 NR 38 20 or 13+5h 13/17 30g 10/13 10, 2 ft 10/13 6 0.35 0.60 NR 49 20 or 13+5h 15/19 30g 15/19 10, 4 ft 10/13 a. R-values are minimums, U-factors and SHGC are maximums, R-19 batts compressed into a nominal 2 x 6 framing cavity such that the R-value is reduced by R-1 or more shall be marked with the compressed batt R-value in addition to the full thickness R-value. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. c. “15/19” means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. “15/19” shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or exterior of the home. “10/13” means R-10 continuous insulated sheathing on the interior or exterior of the home or R-13 cavity insulation at the interior of the basement wall. d. R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall be the depth of the footing or 2 feet, whichever is less in Zones 1 through 3 for heated slabs. e. There are no SHGC requirements in the Marine Zone. f. Basement wall insulation is not required in warm-humid locations as defined by Figure 301.1 and Table 301.1. g. Or insulation sufficient to fill the framing cavity, R -19 m inimum. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 11 OF 32 B. The following footnote shall be added to the title of IRC table 402.1.1, Insulation And Fenestration Requirements By Component: k. For residential log home building thermal envelope construction requirements see section 402.6. B. C. The values contained in the 2015 IECC table R402.1.3 R402.1.4 (IRC table N1102.1.3) for climate zone “5 and marine 4” and climate zone "6" shall be deleted, and replaced with language to provide as follows: Table R402.1.3 R402.1.4 EQUIVALENT U-FACTORS C. D. Table R402.2.6 (IRC table N1102.2.6) shall be deleted, and replaced with the following: Wood Frame R-Value Requirement Cold-Formed Steel Equivalent R-Value a Steel truss ceilings R-30 R-38 or R -30 + 3 or R -26 + 5 R-38 R-49 or R -38 +3 R-49 R-38 +5 Steel joist ceilings R-30 R-38 in 2 x 4 or 2 x 6 or 2 x 8 R -49 in any framing R-38 R-49 in 2 x 4 or 2 x 6 or 2 x 8 or 2 x 10 Steel -framed wall R-13 R-13 + 5 or R -15 + 4 or R -21 + 3 or R -0 + 10 R-19 R-13 + 9 or R -19 + 8 or R -25 + 7 h. “13+5” means R-13 cavity insulation plus R-5 insulated sheathing. If structural sheathing covers 25 percent or less of the exterior, insulating sheathing is not required where structural sheathing is used. If structural sheathing covers more than 25 percent of exterior, structural sheathing shall be supplemented with insulated sheathing of at least R-2. i. The second R-value applies when more than half the insulation is on the interior of the mass wall. j. For impact rated fenestration complying with Section R301.2.1.2 of the IRC or Section 1608.1.2 of the IBC , maximum U-factor shall be 0.75 in Zone 2 and 0.65 in Zone 3. Climate Zone Fene- stration U- Factor Sky- light U- Factor Ceiling R- Value Wood Frame Wall R- Value Mass Wall R- Value b Floor R- Value Base- ment Wall R- Value Crawl- space Wall R- Value 5 and marine 4 0.35 0.32 0.60 0.55 0.030 0.026 0.057 0.082 0.033 0.59 0.50 0.065 0.055 6 0.35 0.60 0.026 0.057 0.060 0.033 0.050 0.065 a. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source. b. When more than half the insulation is on the interior, the mass wall U-factors shall be a maximum of 0.17 in Zone 1, 0.14 in Zone 2, 0.12 in Zone 3, 0.10 in Zone4 except Marine, and the same as the frame wall U- factor in Marine Zone 4 and Zones 5 through 8. c. Basement wall U-factor of 0.360 in warm -humid locations as defined by Figure 301.1 and Table 301.1 . DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 12 OF 32 R-21 R-13 + 10 or R -19 + 9 or R -25 + 8 Steel joist floor R-13 R-19 in 2 x 6 R-19 + 6 in 2 x 8 or 2 x 10 R-19 R-19 + 6 in 2 x 6 R-19 + 12 in 2 x 8 or 2 x 10 a. Cavity insulation R-value is listed first, followed by continuous insulation R-value. b. Insulation exceeding the height of the framing shall cover the framing. D. E. IECC section 402.4.1 (IRC N1102.4.1) shall be deleted and replaced with the following: Building Thermal Envelope. The building thermal envelope shall comply with sections R402.1.1 and either section R402.4.1.2 or R402.4.1.3. The sealing methods between dissimilar materials shall allow for differential expansion and contraction. E. F. IECC section 402.4.1.1 (IRC N1102.4.1.1) shall be deleted and replaced with the following: Installation. The components of the building thermal envelope as listed in table R402.4.1.1 shall be installed in accordance with the manufacturer's instructions and the criteria listed in table R402.4.1.1, as applicable to the method of construction. F. G. The criteria requirement for the "Fireplace" component of IECC table R402.4.1.1 (IRC table N1102.4.1.1), Air Barrier And Insulation Installation, and replace with the following: An air barrier shall be installed on fireplace walls. G. H. IECC section 402.4.1.2 (IRC N1102.4.1.2) shall be deleted and replaced with the following: Testing Option. Building envelope tightness and insulation installation shall be considered acceptable when tested air leakage is less than seven (7) air changes per hour (ACH) when tested with a blower door at a pressure of 33.5 psf (50 Pa). Testing shall occur after rough in and after installation of penetrations of the building envelope, including penetrations for utilities, plumbing, electrical, ventilation and combustion appliances. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed; 2. Dampers shall be closed, but not sealed, including exhaust, intake, makeup air, backdraft and flue dampers; 3. Interior doors shall be open; 4. Exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed; 5. Heating and cooling system(s) shall be turned off; 6. HVAC ducts shall not be sealed; and 7. Supply and return registers shall not be sealed. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 13 OF 32 H. I. New language shall be added to IRC section 402.4.1.3 (IRC N1102.4.1.3) to provide as follows: Visual Inspection Option. Building envelope tightness and insulation installation shall be considered acceptable when the items listed in table 402.4.1.1, applicable to the method of construction, are field verified. Where required by code official an approved party independent from the installer of the insulation shall inspect the air barrier and insulation. I. J. A new section, section R402.6 (IRC N1102.6), Residential Log Home Thermal Envelope, shall be added to the IECC: Residential log home construction shall comply with sections 401 (General), 402.4 (Air Leakage), 402.5 (Maximum Fenestration U-Factor And SHGC), 403.1 (Controls), 403.2.2 (Sealing), 403.2.3 (Building Cavities), sections 403.3 through 403.9 (referred to as the mandatory provisions), section 404 (Electrical Power And Lighting Systems), and either subparagraph 004.04.b.i., ii., or iii. as follows: 1. Sections 402.2 through 402.3, 403.2.1, 404.1 and table 402.6; 2. Section 405 Simulated Performance Alternative (Performance); or 3. REScheck (U.S. department of energy building codes program). J. K. A new table, table R402.6 (IRC table N1102.6), Log Home Prescriptive Thermal Envelope Requirements By Component, shall be added, to be used only in accordance with subparagraph 004.04.b.i. above, to appear as follows: to be used only in accordance with item i. of section R402.6 above to appear as follows: Table R402.6 LOG HOME PRESCRIPTIVE THERMAL ENVELOPE REQUIREMENTS BY COMPONENT For SI: 1 foot = 304.8 mm. Climate Zone Fene- stration U- Factor a Sky- light U- Factor Glazed Fene- stration SHGC Ceiling R- Value Min. Average LOG Size In Inches Floor R- Value Base- ment Wall R- Value Slab R- Value & DEPTH b Crawl- space Wall R- Value d 5, 6 - high effici- ency equip- ment path c 0.32 0.60 NR 49 5 30 15/19 10, 4 ft 10/13 5 0.32 0.60 NR 49 8 30 10/13 10, 2 ft 10/13 6 0.30 0.60 NR 49 8 30 15/19 10, 4 ft 10/13 a. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. b. R-5 shall be added to the required slab edge R-values for heated slabs. c. 90% AFUE natural gas or propane, 84% AFUE oil, or 15 SEER heat pump heating equipment (zonal DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 14 OF 32 electric resistance heating equipment such as electric base board electric resistance heating equipment as the sole source for heating is considered compliant with the high efficiency equipment path). d. "15/19" means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. "15/19" shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or exterior of the home. "10/13" means R-10 continuous insulated sheathing on the interior or exterior of the home or R -13 cavity insulation at the interior of the basement wall. K. L. IECC section R404.1 (IRC N1104.1) shall be deleted, and replaced with the following: Lighting Equipment (Mandatory). A minimum of fifty percent (50%) of the lamps in permanently installed lighting fixtures shall be high-efficacy lamps or a minimum of fifty percent (50%) of the permanently installed lighting fixtures shall contain only high efficacy lamps. L. Add the following as new subsection C101.5.3: Industrial, electronic, and manufacturing equipment. Buildings or portions thereof that are heated or cooled exclusively to maintain the required operating temperature of industrial, electronic, or manufacturing equipment shall be exempt from the provisions of this code. Such buildings or portions thereof shall be separated from connected conditioned space by building thermal enevelope assemblies complying with this code. M. Add the following exception No. (10) under section C403.3 Economizers (Prescriptive): Unusual outdoor air contaminate conditions – Systems where special outside air filtration and treatment for the reduction and treatment of unusual outdoor contaminants, makes an air economizer infeasible. Section 2. That the following sections of Title 10, Chapter 2, Meridian City Code, shall be amended as follows: 10-2-1: PLUMBING CODE ADOPTED; LOCAL AMENDMENTS: A. Adoption: The 2017 Idaho State Plumbing Code (“ISPC”), as amended as set forth in this chapter, is hereby adopted by the city for the purpose of establishing minimum standards of design, materials and workmanship for all plumbing hereafter installed, altered or repaired, and to establish methods of procedure within the city limits. The same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall control the installation, alteration or repairing of plumbing within the corporate limits of the city. B. Local Amendments: The following amendments to the ISPC are also hereby adopted, which amendments, if in conflict with the ISPC, shall overrule the ISPC: That IDAPA 07.02.06.011.05, amending ISPC section 412, shall not be adopted; instead, section 2902.1 of the international building code shall apply. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 15 OF 32 That IDAPA 07.02.06.011.06, amending ISPC table 412.1, shall not be adopted; instead, table 2902.1 of the international building code shall apply. 10-2-2: STATE LICENSES REQUIRED: It shall be unlawful for any person to carry on the business of plumbing without first having secured a state license. 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE, FEES: A. Permit Required: It shall be unlawful for any person to place or install in any building any plumbing apparatus or fixture, or to make any alterations or changes in, or additions to, any plumbing apparatus or fixtures for such use, without first obtaining from the city building department a written plumbing permit to do such work. A. B. Contents Of Permit; Submission Of Plan: Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the plumbing system to be followed, if deemed necessary by the plumbing inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. C. Exception; Inspection And Approval: Provided, however, that this section shall not be construed as requiring a permit for ordinary repairs to old installations where the cost value of such repairs, including material and labor, does not exceed fifty dollars ($50.00), but in all cases, the plumbing inspector must be notified immediately upon the completion of such work for his inspection and approval. B. D. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the public works director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the public works director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department public works director or designee; if transfer is attempted without written approval of the Community Development Department public works director or designee, such permit shall be deemed void. 10-2-4: INSPECTION REQUIREMENTS: DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 16 OF 32 A. Notice For Inspection; Tag By Inspector: Except as provided in subsection B2 of this section, it It shall be the duty of the city plumbing inspector, or the state inspector if the city so chooses, to inspect or cause to be inspected any and all work for which permits have been issued by the close of business on the next business day following inspection scheduling, or as soon thereafter as is feasible. within forty eight (48) hours (Sundays and holidays excluded) after time of notice, in writing, by the person doing the said work that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are in place. Inspection shall, when necessary, be made two (2) or three (3) times during progress of installation; first when work is roughed in, and last, when work is completed, and it shall be the duty of the city plumbing inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which shall state the date and whether first or final inspection has been made and it shall be unlawful for any workman or other person to conceal any plumbing pipes until such first inspection tag has been placed. B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any plumbing apparatus, or appliances as hereinafter provided, the city inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require the necessary corrections be made. 2. Upon the completion of the plumbing in or on any building and prior to being covered up in any fashion, it shall be the duty of the corporation, copartnership, firm or individual doing the same to notify the city plumbing inspector, who shall inspect the plumbing within three (3) working days after the notification to him that the plumbing has been completed. If the city plumbing inspector does not inspect within three (3) days, the plumbing may be covered; however, the licensee shall still be required to obtain the certificate of inspection. If the plumbing is approved by the city plumbing inspector, he shall issue a certificate of proper inspection which shall contain the date of inspection and an outline of the result. It shall be unlawful for any person to turn on or connect the water with such installation until such certificate shall be issued; and it shall be unlawful to make any change, alteration or extension in or to the plumbing of any building after inspection without first notifying said city plumbing inspector and procuring a permit therefor. C. Disconnect Defective Plumbing Facilities: 1. If the said city plumbing inspector shall find any part of any plumbing apparatus or fixtures in or on any building in the city to have been installed without a permit or not in accordance with the provisions of this chapter or to be dangerous to life or property, the city plumbing inspector shall have the right and power and it is hereby made his duty to disconnect such defective plumbing and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected plumbing apparatus or fixtures have been put in the condition required by this chapter, the seal or seals so placed shall be removed by said city plumbing inspector. It shall be unlawful for any person to use any water through, or by means of, such disconnected plumbing apparatus or fixtures or to attach other pipes for the supply of water to such disconnected plumbing apparatus or fixtures or to remove, break or deface any seal so placed. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 17 OF 32 D. Right Of Entry: The city plumbing inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the city building department an inspection fee as established by the city plumbing inspector and approved by the city council by resolution, which inspection fee, or schedule thereof, shall be available at the city clerk's and building department's office during regular business hours. 10-2-5: PERMIT FEES: A. Permit And Inspection Fees: Fees for permits and inspections shall be as established by fee schedule duly adopted by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the community development department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the community development department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the community development department director or designee; if transfer is attempted without written approval of the community development department director or designee, such permit shall be deemed void. 10-2-65: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the ISPC, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the building official or board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 18 OF 32 C. Civil Action: Whenever it appears to the city council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the city council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 3. That the following sections of Title 10, Chapter 3, Meridian City Code, shall be amended as follows: 10-3-1: ADOPTION OF NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS: The 2014 2017 edition of the National Electrical Code (hereinafter NEC), published by the National Fire Protection Association, including all appendices thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the city of Meridian, save and except such portions as hereinafter deleted, modified or amended. 10-3-2: AMENDMENTS TO NATIONAL ELECTRICAL CODE: A. Article 210.8(A)(7) shall be deleted and replaced with the following: Sinks located in areas other than kitchens where receptacles are installed within six (6) feet of the outside edge of the sink. B. Article 210.8(A)(10) shall be deleted. C. Article 210.8(D) shall be deleted. D. Article 210.12 shall be amended by the addition of the following language: Definition. Arc-Fault Circuit-Interrupter is a device intended to provide protection from the effects of arc faults by recognizing characteristics unique to arcing and by functioning to de- energize the circuit when an arc fault is detected. Dwelling Unit Bedrooms. All one hundred twenty (120)-volt, single phase, fifteen (15)- ampere and twenty (20)-ampere branch circuits supplying outlets installed in dwelling unit DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 19 OF 32 bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit. Compliance with Article 210.12 Arc-Fault Circuit-Interrupter Protection. Article 210.12 shall apply in full. Exception: In dwelling units Arc-Fault Circuit-Interrupter Protection shall only apply to all branch circuits and outlets supplying bedrooms. All other location in dwelling units are exempt from the requirements of Article 210.12. E. Article 210.52(E)(3) shall be deleted and replaced with the following: Balconies, decks, and porches having an overall area of twenty (20) square feet or more that are accessible from inside the dwelling unit shall have at least one (1) receptacle outlet installed within the perimeter of the balcony, deck, or porch. The receptacle shall not be located more than six and one half (6 1/2) feet above the balcony, deck, or porch surface. F. Article 320.23 334.10(A) shall be amended by the addition of the following language: 3. Where the height of a crawl space does not exceed four and one half (4 1/2) feet it shall be permissible to secure NM cables, that run at angles with joist, to the bottom edge of joist. NM cables that run within seven (7) feet of crawl space access shall comply with article 320.23. G. Article 550.32(B) shall be amended by the addition of the following language: Compliance with article 550.32(B) shall limit installation of a service on a manufactured home to those homes manufactured after January 1, 1992. H. Article 675.8(B) shall be amended by the addition of the following language: Compliance with article 675.8(B) will include the additional requirement that a disconnecting means always be provided at the point of service from the utility no matter where the disconnecting means for the machine is located. I. Poles used as lighting standards that are forty (40) feet or less in nominal height and that support no more than four (4) luminaires operating at a nominal voltage of three hundred (300) volts or less, shall not be considered to constitute a structure as that term is defined by the national electrical code (NEC). The disconnecting means shall not be mounted to the pole. The disconnecting means may be permitted elsewhere in accordance with NEC, article 225.32, exception 3. SEC special purpose fuseable connectors (model SEC 1791-DF or model SEC 1791-SF) or equivalent shall be installed in a listed handhole (underground) enclosure. The enclosure shall be appropriately grounded and bonded per the requirements of the NEC applicable to article 230-Services. Overcurrent protection shall be provided by a (fast-acting - minimum - 100K RMS amps 600 VAC) rated fuse. Wiring within the pole for the luminaires shall be protected by supplementary overcurrent device (time-delay - minimum - 10K RMS amps 600 VAC) in breakaway fuse holder accessible from the hand hole. Any poles supporting or incorporating utilization equipment or exceeding the DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 20 OF 32 prescribed number of luminaires, or in excess of forty (40) feet, shall be considered structures, and an appropriate service disconnecting means shall be required per the NEC. All luminaire-supporting poles shall be appropriately grounded and bonded per the NEC. 10-3-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person, firm or corporation to place or install in any building, structure, or premises any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the city a written permit to do such work. Permits shall be required for any type of electrical work including emergency repairs and other maintenance or repair work as well as new installations. The permit application shall be in such form required by the building department. B. Addition Or Alteration Of Approved Plans: Any addition or alteration of approved plans and/or permitted work shall require resubmittal and approval before issuance of certificate of occupancy. C. Copy Of Permit To Be Posted: A copy of the permit shall be posted or otherwise readily accessible at each work site. D. Permit Validity Conditioned On Inspections: The validity of all electrical permits shall be conditioned upon the completion of the following inspections by the city electrical inspector: 1. Roughed In Inspection: When electrical work for which a permit was issued is roughed in, permittee shall, in writing, notify the city electrical inspector of such, and upon payment of any inspection fee per fee schedule, the electrical inspector shall inspect such work following receipt of such written notice and fee. Upon completion of such roughed in inspection, the city electrical inspector shall indicate such by affixing a tag or label stating the date of inspection. It shall be unlawful for any person to conceal any electrical work prior to such inspection. 2. Final Inspection: When electrical work for which a permit was issued is ready for final inspection, the permittee shall, in writing, notify the city electrical inspector of such, and upon payment of any inspection fee per fee schedule, the city electrical inspector shall inspect such work following receipt of such written notice and fee. "Ready for final inspection", for purposes of this section, shall be defined as the completion of all enclosed plumbing, heating, furnace work, and/or gas fittings. Where, upon final inspection, the city electrical inspector finds the installation to be in conformity with the statutes of all applicable laws and standards, the city electrical inspector shall issue a certificate of approval authorizing the connection to the supply of electricity and shall send written notice of such authorization to the supplier of electric service. It shall be unlawful for any person to make connection to a supply for electricity or to supply electricity to any electrical equipment installation for which no valid permit is in effect or that has been disconnected or ordered to be disconnected. C. E. Revocation Of Permits: DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 21 OF 32 1. The city electrical inspector shall be authorized to revoke a permit or approval issued if any violation of the NEC or of this chapter is found upon inspection. 2. The city electrical inspector shall be authorized to revoke a permit or approval issued if there are any false statements or misrepresentations submitted in the permit application or plans on which the permit or approval was based. 3. Any person who engages in any business, operation, or occupation, or uses any building, structure, or premises after the permit issued therefor is suspended or revoked pursuant to the provisions of this chapter, shall be in violation of this chapter unless such suspended permit is reinstated or a new permit is issued. D. F. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department public works director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department public works director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department public works director or designee; if transfer is attempted without written approval of the Community Development Department public works director or designee, such permit shall be deemed void. Section 4. That the following sections of Title 10, Chapter 4, Meridian City Code, shall be amended as follows: 10-4-1: FIRE CODE ADOPTED: There is hereby adopted by the mayor and the City Council of the City of Meridian, county of Ada, State of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions, terms, and appendices of such International Fire Code, 2012 2015 edition, published by the International Code Council, Inc., and the same are hereby adopted and incorporated as fully as if set out at length herein, with the revisions, additions, and deletions thereto as set forth in this chapter. From the date in which this chapter shall take effect, the provisions of the International Fire Code, 2012 2015 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the limits of the City of Meridian. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 22 OF 32 10-4-2: AMENDMENTS TO THE FIRE CODE: To the extent that any provision of the international fire code, 2012 2015 edition (hereinafter IFC), conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments to the IFC shall apply: IFC section 103.2 shall be amended to read as follows: Section 103.2 Appointment. The code official shall be the fire chief of the city of Meridian. In the absence or by designation of the fire chief, the deputy chief/fire prevention or designee shall be the code official. IFC section 103.2 shall be amended as follows: Section 103.2 Appointment. Delete the following language: “… and the fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.” IFC section 103.3 shall be amended to read as follows: Section 103.3 Deputies. In accordance with the prescribed procedures of the city of Meridian the fire chief shall have the authority to appoint a deputy fire chief/fire prevention, or other technical officer, inspectors and other employees. IFC section 104.1 shall be amended to read as follows: Section 104.1 General. The fire code official is hereby authorized to enforce the provisions of the IFC as herein adopted and amended and shall have the authority to render interpretations of the IFC as herein adopted and amended, and to adopt policies, procedures, rules and regulations in order to clarify the application of such provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the IFC as herein adopted and amended and shall not have the effect of waiving requirements specifically provided for in the IFC as herein adopted and amended. The fire chief is authorized to administer and enforce the IFC as herein adopted and amended. Under the fire chief's direction, the fire department is authorized to enforce all ordinances of the City of Meridian jurisdiction pertaining to: a. The prevention of fires; b. The suppression or extinguishment of dangerous or hazardous fires; c. The storage, use and handling of hazardous materials; d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment; e. The maintenance and regulation of fire escapes; f. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction; DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 23 OF 32 g. The maintenance of means of egress; and h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, except that for authority related to control and investigation of emergency scenes, IFC section 104.11 shall apply. A new section shall be added to the provisions of the IFC as follows: Section 104.10.2 Fire Prevention Personnel And Police. As requested by the fire chief, the chief of police shall be authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of the IFC as herein adopted and amended. IFC section 105.1.1 shall be amended as follows: Delete “the required permit” from the last sentence of Section 105.1.1 of the International Fire Code and add “a permit if required by the Meridian Fire Department.” A new section shall be added to the provisions of the IFC as follows: Section 105.3.9 Working Without Permit. Any person who commences or causes the commencement of work for which a permit is required under the IFC as herein adopted and amended or under other provision of law without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off-business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. IFC section 109.4 shall be amended to read as follows: Section 109.4 Violation Penalties. Except as otherwise set forth in Meridian city code, persons who shall violate a provision of the IFC as herein adopted and amended or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of the IFC as herein adopted and amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. IFC section 111.4 shall be amended to read as follows: deleted. Section 111.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than $100.00 dollars and not more than $500.00 dollars. IFC section 113.5 shall be amended to read as follows: Section 113.5 Permit Fee Refunds. Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department public works director or designee no later DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 24 OF 32 than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. A new section shall be added to the provisions of the IFC as follows: Section 113.6 Permit Transfer. A permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department public works director or designee Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department public works director or designee; if transfer is attempted without written approval of the Community Development Department public works director or designee, such permit shall be deemed void. These definitions shall be added to IFC section 202: Add “DRIVEWAY. A vehicular ingress and egress route that serves no more than six (6) single family dwellings, not including accessory structures.” Add “FIRE STATION: A building, or portion of a building that provides, at a minimum, all weather protection for fire apparatus. Temperatures inside the building used for this purpose must be maintained at above thirty-two (32) degrees Fahrenheit.” IFC section 308.1.6.3 shall be amended to read as follows: Section 308.1.6.3 Sky lanterns. It shall be unlawful for any person to release a sky lantern or cause a sky lantern to be released, whether tethered or untethered. It shall be unlawful for any person to sell sky lanterns inside the boundaries of the City of Meridian. IFC section 501.3 shall be amended as follows: After the phrase “Construction documents for proposed,” add the word “driveways.” IFC section 501.4 shall be amended as follows: After the phrase “When fire apparatus access roads,” add the word “driveways.” A new section shall be added to the provisions of the IFC as follows: Section 501.4.1 Fire Hydrant Installation Timing. All necessary fire hydrants shall be installed and operational before any combustible materials, as such term is defined by the international building code, 2012 2015 edition, may be brought onto the site. Failure to comply with this provision will result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational. The following words shall be added to IFC section 502: DRIVEWAY FIRE STATION The following words shall be added to the heading of IFC section 503: AND DRIVEWAYS IFC section 503.1.1 shall be amended as follows: Add the following sentence: “Driveways shall be provided and maintained in accordance with Sections 503.1.1 through 503.13.” DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 25 OF 32 IFC section 503.6 shall be amended as follows: Delete the sentence, “The installation of security gates across a fire apparatus access road shall be approved by the fire chief.” A new section, section 503.7, shall be added to the provisions of the IFC as follows: Section 503.7 Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet (45720mm) from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of 12 feet (3658mm) and a minimum unobstructed height of 13 feet 6 inches (4115mm). Driveways in excess of 150 feet (45720mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet (60960mm) in length and less than 20 feet (6096mm) in width may require turnouts in addition to turnarounds. Section 503.7.1 Limits. A driveway shall not serve in excess of six single family dwellings. Section 503.7.3 Turnouts. Where line of sight along a driveway is obstructed by a man-made or natural feature, turnouts shall be located as may be required by the fire code official to provide for safe passage of vehicles. Driveway turnouts shall be of an all-weather road surface at least 10 feet (3048mm) wide and 30 feet (9144mm) long. Section 503.7.4 Bridge Load Limits. Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the fire code official. Section 503.7.5 Address markers. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and maintained thereafter. The address shall be visible and legible from the road on which the road on which the address is located. Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction. Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide. Section 503.7.6 Grade. The gradient for driveways shall not exceed 10 percent unless approved by the fire code official. Section 503.7.7 Security Gates. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and emergency operation shall be maintained operational at all times. Section 503.7.8 Surface. Driveways shall be designed and maintained to support the imposed loads of local responding fire apparatus and shall be surfaced as to provide all weather driving capabilities. IFC section 505.1.1 shall be amended to read as follows: DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 26 OF 32 Section 505.1.1 Address Numbers Identification. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall have a minimum stroke width of one-half inch (0.5"), and of a color contrasting with the background. The required height of each address number shall be calculated by the distance of the addressed building from the road, as follows: where the building is less than one hundred feet (100') from the road, the height of each address number shall be six inches (6") in height; where the building is one hundred feet to one hundred fifty feet (100 - 150') from the road, the height of each address number shall be at least eight inches (8") in height; where the building is one hundred fifty-one feet to two hundred feet (151 - 200') from the road, the height of each address number shall be ten inches (10") in height; where the building is two hundred one feet to two hundred fifty-one feet (201 - 251') from the road, the height of each address number shall be twelve inches (12") in height. IFC section 507.2 shall be amended to read as follows: Section 507.2 Type Of Water Supply. A water supply shall consist of water delivered by fire apparatus, reservoirs, pressure tanks, elevated tanks, water mains, or other sources approved by the fire code official capable of providing the required fire flow, except that the water supply required by this code shall only apply to structures served by a municipal fire department or a fire protection district and within ten miles (16093m) of a responding fire station. The exceptions to IFC section 507.5.1 shall not apply. IFC section 605.5.4 shall be amended to read as follows: Section 605.5.4 Grounding. Extension cords without a grounding lug shall not be permitted. IFC section 903.3.7 shall be amended to read as follows: Section 903.3.7 Fire Department Connections. The location of the fire department connection shall be within one hundred feet (100') of a fire hydrant, except that three- and four-plexes do not require a fire department connection. A new section shall be added to the provisions of the IFC as follows: Section 903.3.8 Knox Caps. Each and every fire department connection and/or standpipe shall be equipped with a knox cap. A new section shall be added to the provisions of the IFC as follows: Section 903.4.1.1 All Buildings That Are Required To Be Sprinklered. An approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor. A new section shall be added to the provisions of the IFC as follows: Section 903.4.2.1 All Buildings That Are Required To Be Sprinklered . An approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 27 OF 32 of the building at a normally attended location within each tenant space with a minimum of one per floor. A new section shall be added to the provisions of the IFC as follows: Section 903.4.2.12 Alarms. Approved audible devices and visual alarms with a minimum candela rating of 110 shall be connected to every automatic sprinkler system on the exterior of the building per NFPA standard 13 located above the fire department connection. Such audible and visual alarms shall be activated by water flow equivalent to the flow of one (1) sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. IFC section 903.4.3 shall be amended to read as follows: Section 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height. A new section shall be added to the provisions of the IFC as follows: Section 903.4.4 Location Of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exterior door. The exception to IFC section 906.1(1) shall not apply. IFC section 904.1.1 shall be amended as follows: Section 904.1.1 Alternate Automatic Fire-Extinguishing Systems. Add the following language to the beginning of section 904.1.1 of the International Fire Code, “If required by the authority having jurisdiction,”. IFC section 906.2.1 shall be amended as follows: Section 906.2.1 Portable Fire Extinguishing. Add the following language to the beginning of section 9.6.2.1 of the International Fire Code, “If required by the authority having jurisdiction,”. IFC section 907.1.2 shall be amended to read as follows: Section 907.1.2 Fire Alarm Shop Drawings. Shop drawings for fire alarm systems shall be submitted for review and approval prior to system installation, and shall include, but not be limited to, all of the following: 1. A floor plan that indicates the use of all rooms. 2. Locations of alarm-initiating devices. 3. Locations of alarm notification appliances, including candela ratings for visible alarm notification appliances. 4. Location of fire alarm control unit, transponders, and notification power supplies. 5. Annunciators. 6. Power connection. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 28 OF 32 7. Battery calculations. 8. Conductor type and sizes. 9. Voltage drop calculations. 10. Manufacturers' data sheets indicating model numbers and listing information for equipment, devices and materials. 11. Details of ceiling height and construction. 12. The interface of fire safety control functions. 13. Classification of the supervising station. 14. Fire alarm drawings shall be stand alone and drawn to 1/8" scale. 15. Declaration of occupancy classification(s). A new section shall be added to the provisions of the IFC as follows: Section 907.1.4 Non-Required Fire Alarm Systems. Where fire alarm systems not required by the IFC as herein adopted and amended or other provision of law are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements for systems which are required by the IFC as herein adopted and amended or other provision of law. A new section shall be added to the provisions of the IFC as follows: Section 907.1.5 Partial Or Limited Fire Alarm Detection Systems. Where partial or limited fire alarm detection systems are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm systems. IFC section 912.4.1 shall be amended to read as follows: Section 912.4.1 Locking Fire Department Caps . The location of the fire department connection shall be within one hundred feet (100') of a fire hydrant, except that three- and four- plexes do not require a fire department connection. A new section shall be amended to the provisions of the IFC as follows: Section 912.4.1 Locking Fire Department Caps. Each and every fire department connection and/or standpipe shall be equipped with a locking fire department cap. IFC section 1101.1 shall be amended as follows: Add the following language to the end of section 1101.1 of the International Fire Code, “only, if in the opinion of the fire code official, they constitute a distinct hazard to life or property.” DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 29 OF 32 IFC chapter 56 shall be amended as follows: Chapter 56 Explosives And Fireworks. Delete Sections 5601.1.3, 5601.2.2, 5601.2.3, 5601.2.4.1, 5601.2.4.2, and sections 5608.2, 5608.2.1, and 5608.3. IFC chapter 80 shall be amended as follows: Chapter 80 Referenced Standards. Where National Fire Protection Association standards are referenced, such provisions shall refer to the 2010 editions of the National Fire Protection Association standards. Where referenced, the following NFPA standards shall refer to same in the following editions: Delete Add Delete Add 2-2011 2-2016 105 -2013 105 -2016 11 -2010 11 -2016 110 -2013 110 -2016 13 -2013 13 -2016 111 -2013 111 -2016 13D -2013 13D -2016 160 -2011 160 -2016 13R -2013 13R -2016 170 -2012 170 -2015 14 -2013 14 -2016 211 -2013 211 -2016 20 -2013 20 -2016 265 -2011 265 -2015 24 -2013 24 -2016 303 -2011 303 -2016 30 -2012 30 -2015 318 -2012 318 -2015 31 -2011 31 -2016 326 -2010 326 -2015 32 -2011 32 -2016 400 -2013 400 -2016 35 -2011 35 -2016 409 -2011 409 -2016 40 -2011 40 -2016 410 -2010 410 -2015 55 -2013 55 -2016 701 -2010 701 -2015 56 -2012 56 -2014 750 -2014 750 -2015 59A -2013 59A -2016 914 -2010 914 -2015 72 -2013 72 -2016 1126 -2011 1126 -2016 80 -2013 80 -2016 Appendices Mandatory. All appendices, including appendix A, appendix B, appendix C, appendix D, appendix E, appendix F, appendix G, appendix H, and appendix I, shall be mandatory, with these amendments: Appendices A, B, C, D, E, F, G, H, I, K, L, and M, shall be mandatory. IFC section D105.3 shall be amended to read as follows: D105.3 Proximity To Building. At least one of the required access routes meeting this condition shall be located within a maximum of eighty-five feet (85’) from the center line of the building to the center line of the access road, not to exceed fifty-five feet (55’) in vertical height. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the first code official. Appendix J shall not be adopted. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 30 OF 32 Section 5. That Meridian City Code section 10-5-2 shall be amended as follows: 10-5-2: AMENDMENTS TO INTERNATIONAL MECHANICAL CODE: The following amendments to the IMC shall apply: A. Section 202 Definitions. The following definitions provided in the IMC shall be deleted, and replaced with the following: Light-Duty Cooking Appliance: Light-duty cooking appliances include gas and electric ovens (including standard, bake, roasting, revolving, retherm, convection, combination convection/steamer, countertop conveyorized baking/finishing, deck, pastry, and electric and gas conveyor pizza ovens), electric and gas steam jacketed kettles, electric and gas pasta cookers, electric and gas compartment steamers (both pressure and atmospheric) and electric and gas cheesemelters. Medium-Duty Cooking Appliance: Medium-duty cooking appliances include electric discrete element ranges (with or without oven), electric and gas hot-top ranges, electric and gas griddles, electric and gas double sided griddles, electric and gas fryers (including open deep fat fryers, donut fryers, kettle fryers and pressure fryers), electric and gas tilting skillets (braising pans) and electric and gas rotisseries. B. A. The following language shall be added to IMC section 401.1 Scope: Exception: The principles specified in ASHRAE 62-2010 may be used as an alternative to this chapter to demonstrate compliance with required ventilation air for occupants. C. B. The following language shall be added to IMC section 504.6.1 Material And Size: Exception: Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. D. C. The following language shall be added to IMC table 603.4 Duct Construction Minimum Sheet Metal Thickness For Single Dwelling Units: Exception: Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. Section 5. It is hereby declared to be the legislative intent that the provisions and parts of this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 7. That this ordinance shall be effective on January 1, 2018. DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 31 OF 32 PASSED by the City Council of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk DRAFT – 10/10/17 CODE ADOPTION AND LOCAL AMENDMENTS : 2015 IBC, 2015 IRC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 32 OF 32 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17-_________ AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2015 INTERNATIONAL BUILDING CODE, 2015 INTERNATIONAL RESIDENTIAL CODE, 2015 INTERNATIONAL ENERGY CONSERVATION CODE, 2015 INTERNATIONAL EXISTING BUILDING CODE, AND LOCAL AMENDMENTS THERETO; AMENDING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE, ADOPTING THE 2017 IDAHO STATE PLUMBING CODE, PERMIT REQUIRED, APPLICATION ISSUANCE, FEES, INSPECTION REQUIREMENTS, AND PENALTIES; AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE, ADOPTING THE 2017 NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS THERETO, PERMIT APPLICATION, ISSUANCE, AND FEES; AMENDING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING THE 2015 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO;AMENDING MERIDIAN CITY CODE SECTION 10-5-2, LOCAL AMENDMENTS TO THE 2012 INTERNATIONAL MECHANICAL CODE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ____________________________________ City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: _________________ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17-____________ 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. 15-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2017. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Clerk's Office and Legal Department: Proposed Updates to the Temporary Use Code 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 Clerk’s Office  33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433  Fax 208-888-4218  www.meridiancity.org October 6, 2017 MEMORANDUM TO: Mayor & City Council FROM: C.Jay Coles, City Clerk Nancy Radford, Assistant City Clerk Emily Kane, Deputy City Attorney RE: Proposed Temporary Use Code Updates Staff is proposing some updates to the Temporary Use Code. With these updates, we are seeking to accomplish the following goals: 1. Eliminate the City of Meridian Citizen’s Use Permit, previously required for any use of a public road or sidewalk. For several years, the City (which oversees traffic and pedestrian safety) was able to transmit its Citizen’s Use Permit applications to the Ada County Highway District (which oversees street maintenance and traffic flow), combining our two agencies’ approval processes. ACHD is now requiring a separate application and approval process for events using public streets. To continue ensuring public safety for these events, the City will still require a Meridian Special Event permit, but this proposed ordinance will eliminate some redundancies and align with ACHD’s application deadlines. Specifically, it aims to do this by: a. Permitting events on neighborhood streets (block parties, neighborhood parades, etc.) as special events. The deadline for submitting ACHD’s non-profit special event permit is 30 days prior to the event; the deadline for submitting a City special event permit application is also 30 days prior to the event. b. Permitting events that include a route on a public arterial or collector street as large-scale special events. The deadline for submitting ACHD’s commercial special event permit is 60 days prior to the event; the deadline for submitting a City large-scale special event application is also 60 days prior to the event. The organizer of a large-scale event may also be required to attend a pre-application meeting with City staff. 2. Add a provision prohibiting unauthorized vendors at special events and outdoor markets – this will make it illegal for people to sell products at an event where they are uninvited by the event organizer. This is an increasing issue we are seeing as our community’s events grow in popularity. By circumventing the planning and permitting process, unauthorized vendors add public safety hazards by drawing people to unsafe areas or creating other unsafe situations. Event organizers have requested the City’s assistance in prohibiting these vendors who show up uninvited, compete with their invited vendors, increase potential liability, and disregard safety protocols that are in place to protect the event attendees. 3. Eliminates permit requirements for temporary indoor events – this was a temporary use classification that anticipated a temporary change in use of an indoor venue, but in practice we have found that it is unnecessary to require separate permitting for such a use. The fire code may attach to events being held in a facility not designed for that use; compliance with those requirements are adequate to address any public safety concerns that are presented. 4. Extends time allowed for temporary sales units and clarifies how days are counted – many seasonal temporary sales units (e.g. produce stands, snow-cone stands) operate seasonally (e.g. from Memorial Day to Labor Day). The current allowed timeframe of 90 days is too short to accommodate a full season. The proposed ordinance would extend this timeframe to 120 days. The proposed ordinance also clarifies that a day that the temporary sales unit is established at the permitted site will count as one of these 120 days, whether or not the temporary sales unit is open for business that day. This clarification is proposed because we are finding that many temporary sales units stay in place year-round, even though they are only open on weekends or certain days of the week. This lack of clarity in the code has given rise to sales units that are effectively permanently established in temporary locations and structures, rather than facilitating truly seasonal, temporary vendors as intended. 5. Make housekeeping and cosmetic updates: a. The draft rearranges and renumbers temporary use provisions – this will make it easier to navigate the code and locate provisions related to specific types of temporary uses (special events, promotional sales, temporary sales units, etc.). Under the current code, all temporary uses are covered in one section of code, but this proposed draft restructures the code to allow customers to click on the exact provision they want to read. With the restructuring, the penalty and enforcement sections will be moved to the end of each section, but those provisions remain the same (violations are subject to an infraction citation and a $100 fine). b. The draft removes outdated references and requirements – Citizen’s Use Permit (to be eliminated), private security license (no longer required), Meridian Split Corridor district additional sign allowance during construction (roadway project completed). c. The draft removes an outdated provision that requires that routes going through residential areas begin and end in non-residential areas. If City Council approves these ordinance updates, staff also plans to propose a change in the fee structure for special event permits. Currently, for a special event in a park the fee is $150, for a special event not in a park the fee is $85, and for a Citizen’s Use permit application the fee is $50. To bring the application fees in line with the proposed changes to the code, we are planning to propose that City Council adopt a new fee structure: $150 for a large-scale event, $85 for a special event in a park, and $50 for a special event not in a park. (For non-profit organizations, these fees are waived, and we will not be proposing any change to this policy.) DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 1 OF 30 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 3-4-1, REGARDING THE CLASSIFICATION OF LARGE-SCALE SPECIAL EVENTS WITHIN THE DEFINITION OF SPECIAL EVENTS AND ELIMINATING THE TEMPORARY INDOOR EVENTS DEFINITION; REPEALING MERIDIAN CITY CODE SECTION 3-4-3, REGARDING TEMPORARY USES; REPEALING MERIDIAN CITY CODE SECTION 3-4-4, REGARDING CITIZEN’S USE PERMITS; ADDING A NEW SECTION, SECTION 3-4-3, REGARDING LICENSE AND PERMIT REQUIREMENTS FOR ALL TEMPORARY USES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-4, REGARDING STANDARDS FOR ALL TEMPORARY USES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-5, REGARDING STANDARDS FOR SPECIAL EVENTS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-6, REGARDING STANDARDS FOR PROMOTIONAL SALES UNITS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-7, REGARDING STANDARDS FOR TEMPORARY SALES UNITS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-8, REGARDING STANDARDS FOR OUTDOOR MARKETS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-9, REGARDING STANDARDS FOR SUBDIVISION MODEL HOMES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-10, REGARDING STANDARDS FOR SUBDIVISION REAL ESTATE SALES OFFICES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-11, REGARDING STANDARDS FOR GARAGE, YARD, AND SIMILAR SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-12, REGARDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian has established minimum standards for outdoor sales and temporary uses occurring in the City of Meridian for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, these permitting procedures and standards encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically, to: eliminate the City of Meridian Citizen’s Use Permit, add a provision prohibiting unauthorized vendors at special events and outdoor markets, eliminate permit requirements for temporary indoor events, extend the time allowed for temporary sales units and clarify how days are tolled, rearrange and renumber outdoor sales and temporary use provisions, and remove outdated references and requirements; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 2 OF 30 Section 1. That Meridian City Code section 3-4-1, regarding the definitions of special event and temporary indoor events, shall be amended as follows: 3-4-1: DEFINITIONS: * * * SPECIAL EVENT: A. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and 2. Takes place, whether entirely or partially: a. On a street or sidewalk located within the city and will likely result in some or total obstruction of such streets or sidewalks; or b. On any other property, whether public or private, but requires for its successful execution the provision and coordination of city services to a degree over and above that which the city normally provides; or c. On or in any area open to the public. B. Special events may include, but shall not be limited to: 1. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; 2. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; 3. Performance, presentation, ceremony, concert, or exhibit; 4. Athletic competition, race, or contest involving sports, games, or exercises; or 5. Community or neighborhood celebration, gathering, or block party. C. Special events shall be classified as a “large scale special event” where: 1. Iit is anticipated that five thousand (5,000) or more persons will attend the event, or 2. Where the event includes a route (e.g., parade, procession, road race, group walk, run, or bike ride) that will close or alter the flow of an arterial or collector, or 3. Wwhere three (3) or more of the following factors apply: 1. a. It is anticipated that two thousand (2,000) or more persons will attend the event; 2. b. Extra duty police officers will be required to staff the event in order to adequately protect public safety, as determined in the discretion of the chief of police or his designee (for example: high risk activity, live music or other performance, street closure, traffic increase or pattern change, etc.); 3. c. Alcoholic beverages will be served, or sold, or permitted at the event; and/or 4. d. Structural or electrical permits will be required. D. A special event shall be classified as a “historic Meridian special event” where such special event has occurred within Meridian on an annual basis for seventy five (75) years or more. E. The definition of special event shall not include: 1. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of city services to a degree over and above that which the city routinely provides nor compromises the ability of the city to respond to a public safety emergency; 2. An activity, including first amendment activity, occurring on streets or sidewalks within the city or in or on city property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of city services to a degree over and DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 3 OF 30 above that which the city routinely provides, nor compromises the ability of the city to respond to a public safety emergency; 3. Funeral processions; or 4. Programmed activities provided or managed by the city. * * * TEMPORARY INDOOR EVENT: The use of an interior space of a building or portion thereof for a use or purpose that differs from the building's principally permitted and/or approved accessory use(s). Section 2. That Meridian City Code section 3-4-3, regarding Temporary Uses, shall be repealed. Note: The strike-out and underline format is used below in order to highlight the proposed changes in this draft. Since this is a repeal-and-replace ordinance, the strike-out and underline format would not be used in the final draft. Section 3. That Meridian City Code section 3-4-4, regarding Citizen’s Use Permits, shall be repealed. 3-4-4: CITIZEN'S USE PERMIT: A. Activities Requiring Citizen's Use Permit: In addition to other applicable provisions of this chapter or of other laws, city of Meridian citizen's use permit shall be required prior to the operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the city and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of city services to a degree over and above that which the city normally provides. 4. A city of Meridian citizen's use permit shall not be required for funeral processions. B. Unlawful Operation Of Activities: It shall be unlawful to operate or execute, or cause the operation or execution of, an activity, event, or gathering of persons requiring a city of Meridian citizen's use permit: 1. Without a valid city of Meridian citizen's use permit. 2. At any time or upon any date other than that designated in a valid city of Meridian citizen's use permit. 3. At any place other than that designated in a valid city of Meridian citizen's use permit. C. Application Requirements: Application for a city of Meridian citizen's use permit shall be made to the city clerk, and shall include the following: 1. A completed application form provided by the city clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 4 OF 30 d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control measures, cones, and/or directional signage. 2. Application fee as set forth in the fee schedule of the city clerk's office, except that no application fee shall apply where applicant is or represents: a. A nonprofit organization exempt from federal income tax under 26 USC section 501(c); or b. A governmental entity. 3. Applicant's agreement to indemnify, save and hold harmless, and defend the city and the Ada County highway district from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 4. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 5. Written approval of the Ada County highway district of such activity or event, including any proof of insurance that is required by the district. D. City Clerk Responsibilities: Upon receipt of all application materials required by this section, the city clerk shall refer such application to the police chief, the fire chief, the planning division manager, and the mayor for their review and recommendation regarding approval or denial of the application. The police chief, the fire chief, the planning division manager, and the mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. E. Issuance Or Denial Of Permit: Upon receipt of the recommendations of the police chief, the fire chief, and the mayor, the city clerk shall either issue a city of Meridian citizen's use permit to the applicant or deny the application. F. Denial Of Application; Notice: Where the city clerk denies an application for a city of Meridian citizen's use permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision, if any, as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The city clerk shall deny an application for a city of Meridian citizen's use permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The police chief, fire chief, or mayor recommends denial; 4. The application is incomplete or required application materials or fees have not been timely submitted. G. Application Materials: All application materials for a city of Meridian citizen's use permit must be received by the city clerk at least twenty one (21) calendar days prior to the proposed activity or event. The city clerk shall issue or deny a city of Meridian citizen's use permit within fourteen (14) days of receipt of a complete application for such license. H. Appeal Of Issuance Or Denial Of Application: Appeal of the city clerk's issuance or denial of an application of a city of Meridian citizen's use permit may be made by any person, except that there DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 5 OF 30 shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Such appeal shall be made in writing, shall be mailed to the city clerk via U.S. mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at the next regularly scheduled city council meeting. Following a public hearing on the appeal, city council shall either affirm or reverse the city clerk's action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. I. Permit Requirements: The city of Meridian citizen's use permit shall include, on its face: 1. The name(s) of the permittee; 2. The date(s) and time(s) during which such permit is valid; 3. The location(s) and/or route(s) that the permittee shall be authorized to use under the permit; and 4. Any and all conditions to which the permittee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. Revocation Of Permit: The city clerk may revoke a city of Meridian citizen's use permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permittee or any employee or person operating or acting under such permit violates a provision of this section or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The city clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the city clerk. K. Appeal Of Revocation: Appeal of the city clerk's revocation of an application of a city of Meridian citizen's use permit may be made by the permittee. Such appeal shall be made in writing, shall be mailed to the city clerk via U.S. mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within fourteen (14) days. The city council's decision on such appeal shall be a final decision. L. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section continues or occurs may be deemed a separate and distinct violation. M. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 6 OF 30 Section 4. That a new section, Meridian City Code section 3-4-3, regarding license and permit requirements for all temporary uses, shall be added, to read as follows: 3-4-3: TEMPORARY USES – LICENSE AND PERMIT REQUIREMENTS FOR ALL TEMPORARY USES: A. License and/or permit requirements: It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any temporary use without each and all of the following licenses, permits, and/or certifications, as applicable: A. Any and all licenses, permits, and/or certifications required by local, state, or federal law. B. Any and all licenses, permits, and/or certifications required by the Central district health department. C. Any and all licenses, permits, and/or certifications required by title 10 of this code. D. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code and/or the policies of the Meridian parks and recreation department. A city of Meridian citizen's use permit, where applicable. E. Written approval of the Ada County Highway District. F. A city of Meridian temporary use permit, except that a city of Meridian temporary use permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: first amendment activity on public or private property; any sale, trade, gift, offer, or display required by court order or by law; garage sales; temporary construction sites; or fireworks sales. 1. Application for a city of Meridian temporary use permit shall be made to the city clerk, and shall include a completed application form provided by the city clerk, which form shall include, but not be limited to: a. The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this subsection shall include both local and corporate addresses, as well as both physical and mailing addresses. b. The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a temporary use within the city under the temporary use permit. Addresses required by this subsection shall include both local and corporate addresses, and both physical and mailing addresses. c. A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the temporary use permit. d. A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the temporary use permit. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 7 OF 30 e. A description of any and all motor vehicles to be used by or in the course of the temporary use, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). f. Site plan(s), floor plan(s), and/or map(s), which shall indicate the location(s) of any and all components of the proposed temporary use, including, but not limited to, any and all items listed in this subsection. Where any material change is made to an approved plan prior to or upon setup of the temporary use, an updated plan shall be submitted to the city and approved prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited to, the following: (1) Structures or tents, (2) Displays, (3) Goods, (4) Vendors, (5) Scheduled events, (6) Restrooms, (7) First aid stations, (8) Drinking water sources, (9) Garbage receptacles, (10) Generators and any other mechanical equipment, (11) Cooking equipment, (12) Temporary signs, (13) Devices of a carnival nature (e.g., pennants, strings of lights, ribbons, streamers, spinners, twirlers, propellers, and bubble machines), (14) Entrance/exit drives, (15) Areas and surfaces upon which vehicles will be driven, (16) Areas and surfaces upon which vehicles will be parked, and/or (17) Sediment traps., (18) Map of all streets and sidewalks upon which the event will occur, including the route(s) that the event will follow, and/or (19) Traffic and pedestrian safety measures to be implemented, including barricades, traffic control equipment, crowd containment equipment, cones, directional signage, etc. g. A description of the dimensions, quantity, and locations of any and all temporary signs that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the temporary use. h. Permission of owners of property upon which such temporary signs will be installed, erected, posted, or displayed. i. A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the temporary use permit. j. Written permission of owners of all property or properties upon, through, or across which such temporary use shall operate and/or occur. k. A description of the plan for the management and/or control of persons and/or crowds at the site(s) of such temporary use, including, but not limited to: the number and qualifications of any security personnel to be deployed; defensive and offensive equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the temporary use and/or in case of emergency; and the method(s) by which information will be relayed to persons and crowds at the site(s) of such temporary use in case of emergency. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 8 OF 30 l. The plan for cleanup, teardown, and/or removal of the temporary use and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, temporary signs, garbage, litter, temporary ground cover, straw, and hazardous materials. Sediment traps may remain in place. m. An agent upon whom service of process may be made in the state of Idaho. n. Application fee as set forth in the fee schedule of the city clerk's office, except that no application fee shall apply: (1) Where applicant is or represents a nonprofit organization exempt from federal income tax under 26 USC section 501(c); (B) Where applicant is or represents a governmental entity; or (C) Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting fundraising activities for a school or youth organization. 2. Upon receipt of all application materials required by this subsection, the city clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding: a. The validity and completeness of the information therein; b. Whether the proposed temporary use may be conducted in accordance with all applicable provisions of law, including, but not limited to, this section; and c. Whether a violation of the Meridian unified development code or of this section is occurring upon the property upon which such proposed temporary use will occur. 3. Upon issuance of the findings, the city clerk or designee shall either issue a city of Meridian temporary use permit to the applicant or deny the application. Where an application for a city of Meridian temporary use permit is denied, the city clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision, if any, as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. 4. The city clerk shall deny an application for a temporary use permit where: a. The application is incomplete or required application materials or fees have not been timely submitted; b. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; c. The proposed temporary use will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this section; d. A violation of the Meridian unified development code or of this section is occurring upon the property upon which such proposed temporary use is proposed to occur; e. The applicant has been convicted of a violation of any provision of this section within the five (5) years preceding the date of submission of the application; f. The applicant has an outstanding balance due and owing to the city of Meridian; or g. The applicant has violated a provision of a prior special event agreement duly executed between the applicant and city within the five (5) years preceding the date of submission of the application. 5. The city clerk or designee shall issue or deny temporary use permit within twenty one (21) calendar days of receipt of a complete application for such permit. 6. Appeal of the city clerk's issuance or denial of an application for a temporary use permit may be made by the applicant within fourteen (14) days of such issuance or denial, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 9 OF 30 appeal at a city council meeting within thirty (30) days. The city council's decision on such appeal shall be a final decision. 7. The city of Meridian temporary use permit shall include, on its face: a. The name(s) of the permittee and any employees and/or persons permitted to operate or carry on a temporary use within the city under such permit; b. The time(s), date(s), place(s), and manner at and by which the temporary use is permitted to occur; c. A description of the structure(s) that may be erected under such permit; d. A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; e. A description of the permitted dimensions, quantity, and locations of any and all temporary signs that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted temporary use; and f. Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. 8. In addition to any and all other applicable civil or criminal penalties, the city clerk or designee may revoke a city of Meridian temporary use permit where: a. Any term or condition of the permit is violated by the permittee or by any employee or person operating or acting under such permit. b. In the course of operating a temporary use, the permittee or any employee or person operating or acting under such permit violates a provision of this section or of any other local, state, or federal law. c. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. d. The site, setup, and/or operation of the temporary use and/or any component thereof varies materially from the approved site plan. e. Where a structural, mechanical, electrical, or plumbing permit and/or inspection is required as a condition of the temporary use permit approval and such permit was not issued or such inspection not passed. The city clerk shall notify the permittee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the temporary use permit application. Such revocation shall be effective immediately upon mailing by the city clerk. 9. Appeal of the city clerk's revocation of an application of a temporary use permit may be made by the permittee. Such appeal shall be made to the city council in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The city council's decision on such appeal shall be a final decision. G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 10 OF 30 this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 5. That a new section, Meridian City Code section 3-4-4, regarding standards for all temporary uses, shall be added, to read as follows: 3-4-4: TEMPORARY USES – STANDARDS FOR ALL TEMPORARY USES: B. Standards For All Temporary Uses: The following regulations on the time, place, and manner of temporary uses shall apply generally to any and all temporary uses: A. Failure To Obtain Temporary Use Permit: It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a temporary use permit without first obtaining a city of Meridian temporary use permit. B. Compliance With Temporary Use Permit: It shall be unlawful for any permittee or any employee or person acting under a temporary use permit to violate or fail to comply with any term, condition, or standard set forth in such city of Meridian temporary use permit. C. Time Of Use: It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a city of Meridian temporary use permit at any time or upon any date other than that designated in a valid city of Meridian temporary use permit. D. Place Of Use: It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a city of Meridian temporary use permit at any place other than that designated in a valid city of Meridian temporary use permit. E. Manner Of Use: It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a city of Meridian temporary use permit in any manner other than that designated in a valid city of Meridian temporary use permit. F. Parking, Driving, And Access: Any person operating or causing the operation of any temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, shall: 1. Provide adequate off street parking to serve such temporary use. No temporary use shall displace the required off street parking spaces or loading areas of the principal permitted uses or other permitted temporary uses on the site, except where street closure is approved pursuant to a validly issued city of Meridian citizen's temporary use permit. 2. Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces or materials. 3. Provide driving and/or parking surfaces that are designed to prevent traffic hazards and nuisances. 4. Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: a. Concrete. b. Asphalt. c. Grasscrete. d. Pavers. e. Bricks. f. Macadam. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 11 OF 30 g. Natural turf. h. Recycled asphalt, where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the city of Meridian. i. Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust suppressant. 5. Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: a. Concrete. b. Asphalt. c. Grasscrete. d. Pavers. e. Bricks. f. Macadam. g. Recycled asphalt, only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the city of Meridian. h. Natural turf, gravel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the following standards: (1) Each sediment trap shall be constructed and maintained in a manner that effectively prevents tracking and/or flow of mud, soil, and/or sediment onto public rights of way. It shall be unlawful to allow mud or soil to be tracked or to flow onto public rights of way from the site of a temporary use. (2) Each sediment trap shall extend the full width of the entrance and/or exit drive. (3) Each sediment trap shall be a minimum length of thirty feet (30'). (4) Each sediment trap shall include a six inch (6") base layer of fractured stone over the entire width and length of the sediment trap. G. Vision Triangle: It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, to interfere with the clear vision triangle. H. Right Of Way: It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to operate or cause or allow the operation or occurrence of any temporary use within the public right of way, unless otherwise authorized by a validly issued city of Meridian citizen's temporary use permit. I. Required Buffer Landscape Areas: Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas. J. Structures: It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, to: 1. Construct or cause the construction of any permanent structure. 2. b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. 3. Fail to remove a structure utilized in the operation of such temporary use at the end of the time period allowed by a city of Meridian temporary use permit or by other law. 4. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any temporary use within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 12 OF 30 K. Caretaker Unit: It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, to: 1. Establish and/or utilize more than one caretaker unit. 2. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. 3. Fail to remove any caretaker unit at the end of the time period allowed by a city of Meridian temporary use permit or by law. L. Noise: It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. M. Site Conditions: It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to operate or conduct such temporary use in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a city of Meridian temporary use permit is required for such temporary use, to fail to remove waste from any temporary use site. N. Unobstructed Sidewalk: Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a temporary use, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a temporary use obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such temporary use to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. O. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. P. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 6. That a new section, Meridian City Code section 3-4-5, regarding standards for special events, shall be added, to read as follows: 3-4-5: TEMPORARY USES – STANDARDS FOR SPECIAL EVENTS: In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of Special Events shall also apply: DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 13 OF 30 A. Application deadline: A complete application for a temporary use permit for a special event shall be submitted to the city clerk at least thirty (30) days prior to the first day of the proposed special event, provided that an application for a temporary use permit for a large scale special event shall be submitted at least sixty (60) calendar days prior to the first day of the proposed large scale special event. B. Application materials: It shall be unlawful for an organizer of a special event, or any person, to conduct, allow, organize, or cause to be conducted or organized a special event without the following: 1. A city of Meridian temporary use permit. 2. A city of Meridian citizen's use permit, where applicable. Written approval of the Ada County Highway District. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Central district health department. 4. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. 5. Any and all licenses, permits, inspections, and/or certifications required by this title, including, but not limited to: server training certification, and private security services licenses. 6. Any and all licenses, permits, inspections, and/or certifications required by title 10 of this code. 7. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code and/or the policies of the Meridian parks and recreation department. 8. Written consent of the owner(s) of any and all property or properties on which the special event is to occur. 9. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the special event. Such insurance shall name the city as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage, provided that the minimum limits for large scale special events shall be as set forth below. No provision of this subsection shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any special event organizer, nor exempt any vendor or participant in a special event from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a special event includes vendors or participants that would otherwise require city of Meridian licenses or permits to operate as mobile sales units or temporary sales units, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the organizer; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such special event in a validly issued city of Meridian temporary use permit. C. Term of use: Special events shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. D. Zoning restrictions: It shall be unlawful for any person to conduct, allow, or organize a special event in a residential district, except that: DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 14 OF 30 1. Neighborhood events or block parties shall be permitted in residential districts with a temporary use permit. without a temporary use permit, although a city of Meridian citizen's use permit may be required. 2. Special events involving a route, such as races, parades, or marches may be permitted in residential districts with a temporary use permit., so long as such special events both start and end in nonresidential districts. 3. A special event that takes place upon a property with an allowed nonresidential use may be permitted. E. Signs: The following provisions shall apply to any and all temporary signs related to a special event: 1. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than two hundred (200) temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a special event. No more than twelve (12) temporary signs with an area not to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a special event. 2. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a special event upon any property without the permission of the owner of such property. 3. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a special event shall be removed within twenty four (24) hours of the conclusion or close of such special event. F. Additional Specific Standards For Large Scale Special Events: 1. Preapplication meeting: At least fourteen (14) days prior to submission of an application for a temporary use permit for a large scale special event, the organizer of a large scale special event shall request and attend a preapplication meeting with city staff to identify and address potential hazards presented by such event to public health, safety, and convenience. Upon request by the applicant, the city clerk or designee shall schedule such meeting, which may include, as necessary, city staff from the police department, fire department, parks and recreation department, city attorney's office, and/or other departments. 2. Application deadline: A complete application for a temporary use permit for a large scale special event shall be submitted to the city clerk at least sixty (60) days prior to the first day of the proposed special event. 3. Application materials: It shall be unlawful for an organizer of a large scale special event, or any person, to conduct, allow, organize, or cause to be conducted or organized a large scale special event without the following: a. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the large scale special event. Such insurance shall name the city as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00) DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 15 OF 30 per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. b. Where required by City, a mutually negotiated and agreed upon special event agreement with the city to establish the terms and conditions of any city services or property to be used, whether as required by this chapter or at such organizer's election, including estimated payment due for all city services provided or necessary to support the event. City may provide city services necessary to support historic Meridian special events at no or reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). Notwithstanding the execution of such contract, all provisions of this chapter, including penalties for noncompliance, shall apply, in addition to any remedies set forth in such contract. G. Unauthorized vendors: It shall be unlawful for any person to operate as a mobile sales unit or operate any other temporary use at a special event or large-scale special event, or within the site or route approved under a City of Meridian Temporary Use Permit for a Special Event, without authorization from the event organizer. H. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. I. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 7. That a new section, Meridian City Code section 3-4-6, regarding standards for promotional sales units, shall be added, to read as follows: 3-4-6: TEMPORARY USES – STANDARDS FOR PROMOTIONAL SALES UNITS: In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of Promotional Sales Units shall also apply: A. The operation of a promotional sales unit without the following valid and current licenses, permits, and/or certifications shall be a violation of this section: 1. A city of Meridian temporary use permit. A city of Meridian citizen's use permit, where applicable. 2. Any and all applicable licenses, permits, and/or certifications from the Central district health department. 3. Any and all licenses, permits, and/or certifications required by title 10 of this code. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 16 OF 30 B. It shall be unlawful to operate or cause the operation of a promotional sales unit in a residential district. C. Only a promotional sales unit directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a promotional sales unit at any place or in any manner that is not directly associated with the principally permitted use on the site on which such promotional sales unit is located. D. A promotional sales unit and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County highway district or other transportation authority. E. The following provisions shall apply to any and all temporary signs related to a promotional sales unit: 1. No more than two (2) temporary signs per one promotional sales unit shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such promotional sales unit. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs per one promotional sales unit identifying, promoting, advertising, or directing patrons to such promotional sales unit. 2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a promotional sales unit shall not exceed thirty two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a promotional sales unit where the area of such temporary sign exceeds thirty two (32) square feet. 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a promotional sales unit upon any property other than that property upon which the promotional sales unit is located. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a promotional sales unit shall be removed within twenty four (24) hours of the conclusion of such temporary use. F. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. G. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. 4. Standards For Temporary Indoor Events: a. The operation of a temporary indoor event shall be unlawful without the following valid and current licenses, permits, and/or certifications: DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 17 OF 30 (1) A city of Meridian temporary use permit. (2) A city of Meridian citizen's use permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District health department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. (5) Any and all licenses, permits, and/or certifications required by title 10 of this code. (6) Written consent of the owner of the property on which the temporary indoor event is to be located. b. It shall be unlawful to operate or cause the operation of a temporary indoor event in a structure that is solely approved for residential occupancy. c. Temporary indoor events shall be limited to a period of time not to exceed three (3) days per event. d. A temporary indoor event and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County highway district or other transportation authority. e. The following provisions shall apply to any and all temporary signs related to a temporary indoor event: (1) No more than two (2) temporary signs per one temporary indoor event shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such temporary indoor event. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs per one temporary indoor event identifying, promoting, advertising, or directing patrons to such temporary indoor event. (2) The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a temporary indoor event shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a temporary indoor event where the area of such temporary sign exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a temporary indoor event upon any property other than that property upon which the temporary indoor event is located. (4) Any and all temporary signs identifying, promoting, advertising, or directing patrons to a temporary indoor event shall be removed within twenty four (24) hours of the conclusion or close of such temporary use. Section 8. That a new section, Meridian City Code section 3-4-7, regarding standards for temporary sales units, shall be added, to read as follows: 3-4-7: TEMPORARY USES – STANDARDS FOR TEMPORARY SALES UNITS: In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of Temporary Sales Units shall also apply: A. The operation of a temporary sales unit shall be unlawful without the following valid and current licenses, permits, and/or certifications: 1. A city of Meridian temporary use permit. A city of Meridian citizen's use permit, where applicable. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 18 OF 30 2. Any and all applicable licenses, permits, and/or certifications from the Central district health department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. 4. Any and all licenses, permits, and/or certifications required by title 10 of this code. 5. Written consent of the owner of the property on which the temporary sales unit is to be located. B. It shall be unlawful to operate or cause the operation of a temporary sales unit in a residential district. C. For tTemporary sales units that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed ninety (90) one hundred twenty (120) days, whether such days are consecutive or not, per property, per calendar year. The location of a temporary sales unit on a site for any portion of a day, whether or not the temporary sales unit is open for business, shall constitute one day for purposes of this subsection. D. Temporary sales units may utilize no more than one structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more than one structure in the operation of a temporary sales unit. It shall be unlawful for any structure utilized in the operation of a temporary sales unit to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the operation of a temporary sales unit without any and all licenses, permits, and/or certifications required by title 10 of this code. E. A temporary sales unit and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County highway district or other transportation authority. F. The following provisions shall apply to any and all temporary signs related to a temporary sales unit: 1. No more than two (2) temporary signs per one temporary sales unit shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such temporary sales unit. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs per one temporary sales unit identifying, promoting, advertising, or directing patrons to such temporary sales unit. 2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a temporary sales unit shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a temporary sales unit where the area of such temporary sign exceeds sixteen (16) square feet. 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a temporary sales unit upon any property other than that property upon which the temporary sales unit is located. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a temporary sales unit shall be removed within twenty four (24) hours of the conclusion or close of such temporary use. G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 19 OF 30 H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 9. That a new section, Meridian City Code section 3-4-8, regarding standards for outdoor markets, shall be added, to read as follows: 3-4-8: TEMPORARY USES – STANDARDS FOR OUTDOOR MARKETS: In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of Outdoor Markets shall also apply: A. It shall be unlawful for an organizer of an outdoor market, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an outdoor market without the following valid and current licenses, permits, and/or certifications: 1. A city of Meridian temporary use permit. A city of Meridian citizen's use permit, where applicable. 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Central district health department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. 4. Any and all licenses, permits, and/or certifications required by title 10 of this code. 5. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code and/or the policies of the Meridian parks and recreation department. 6. Written consent of the owner of the property on which the outdoor market is to be located. 7. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the outdoor market. Such insurance shall name the city as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. B. It shall be unlawful for any person to conduct, allow, or organize an outdoor market in a residential district. C. Outdoor markets shall be allowed in any nonresidential district on one day per week. It shall be unlawful for any person to conduct, allow, or organize an outdoor market on more than one day per week. D. No provision of this subsection shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any outdoor market organizer, nor exempt any vendor or participant in an outdoor market from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where an outdoor market includes vendors or participants that would otherwise require city of Meridian licenses or DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 20 OF 30 permits to operate as mobile sales units or temporary sales units, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the organizer; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such outdoor market in a validly issued city of Meridian temporary use permit. E. The following provisions shall apply to any and all temporary signs related to an outdoor market: 1. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than ten (10) temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. No more than four (4) temporary signs with an area not to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. 2. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to an outdoor market upon any property without the permission of the owner of such property. 3. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an outdoor market shall be removed within twenty four (24) hours of the close of such outdoor market. F. Unauthorized vendors: It shall be unlawful for any person to operate as a mobile sales unit or operate any other temporary use at an outdoor market, or within the site approved under a City of Meridian Temporary Use Permit for an Outdoor Market, without authorization from the outdoor market organizer. G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 10. That a new section, Meridian City Code section 3-4-9, regarding standards for subdivision model homes, shall be added, to read as follows: 3-4-9: TEMPORARY USES – STANDARDS FOR SUBDIVISION MODEL HOMES: DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 21 OF 30 In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of Subdivision Model Homes shall also apply: A. Where a structure is both a subdivision model home and a subdivision real estate sales office, such structure shall be subject to the standards for a subdivision model home. B. A subdivision model home shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such subdivision model home serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a subdivision model home at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such subdivision model home serves as an exhibit or example. C. A subdivision model home shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a subdivision model home within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the subdivision model home, such unit shall obtain any and all permits required by title 10 of this code. It shall be unlawful to operate or cause the operation of a subdivision model home without any and all permits required by title 10 of this code. D. The principal use of the subdivision model home shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the subdivision model home is located. It shall be unlawful for any person to use or allow the use of a subdivision model home as a financial institution of any sort, including as an appraisal, loan, or closing office. E. A subdivision model home may be operated only until either there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the subdivision model home is located or three hundred sixty five (365) days following the date of issuance of the temporary use permit, whichever occurs first. It shall be unlawful to operate or cause the operation of a subdivision model home either where no lots or newly constructed dwellings are for sale or rent within the subdivision in which the subdivision model home is located or after three hundred sixty five (365) days following the date of issuance of the temporary use permit, whichever occurs first. F. The following provisions shall apply to any and all temporary signs related to a subdivision model home: 1. No more than one temporary sign per one subdivision model home shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such subdivision model home. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one temporary sign per one subdivision model home identifying, promoting, advertising, or directing patrons to such subdivision model home. 2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a subdivision model home shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a subdivision model home where the area of such temporary sign exceeds sixteen (16) square feet. 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a subdivision model home upon any property other than that property upon which the subdivision model home is located. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a subdivision model home shall be removed within twenty four (24) hours of the conclusion of such temporary use. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 22 OF 30 G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 11. That a new section, Meridian City Code section 3-4-10, regarding standards for subdivision real estate sales offices, shall be added, to read as follows: 3-4-10: TEMPORARY USES – STANDARDS FOR SUBDIVISION REAL ESTATE SALES OFFICES: In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of Subdivision Real Estate Sales Offices shall also apply: A. Where a structure is both a subdivision model home and a subdivision real estate sales office, such structure shall be subject to the standards for a subdivision model home. B. The operation of a subdivision real estate sales office without the following valid and current licenses, permits, and/or certifications shall be unlawful: 1. A city of Meridian temporary use permit. 2. Any and all licenses, permits, and/or certifications required by title 10 of this code. C. A subdivision real estate sales office shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such subdivision real estate sales office. It shall be unlawful to operate or cause the operation of a subdivision real estate sales office at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such subdivision real estate sales office. D. The principal use of the subdivision real estate sales office shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the subdivision real estate sales office is located. It shall be unlawful for any person to use or allow the use of a subdivision real estate sales office as a financial institution of any sort, including as an appraisal, loan, or closing office. E. A subdivision real estate sales office may remain only until either there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the subdivision real estate sales office is located or three hundred sixty five (365) days following the date of issuance of the temporary use permit, whichever occurs first. It shall be unlawful to operate or cause the operation of a subdivision real estate sales office either where no lots or newly constructed dwellings are for sale or rent or after three hundred sixty five (365) days following the date of issuance of the temporary use permit, whichever occurs first unless such subdivision real estate sales office is converted to a dwelling in accordance with all applicable provisions of law, including titles 10 and 11 of this code. F. A subdivision real estate sales office shall obtain any and all permits required by title 10 of this code. It shall be unlawful to operate or cause the operation of a subdivision real estate sales office without any and all permits required by title 10 of this code. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 23 OF 30 G. The following provisions shall apply to any and all temporary signs related to a subdivision real estate sales office: 1. No more than one temporary sign per one subdivision real estate sales office shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such subdivision real estate sales office. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one temporary sign per one subdivision real estate sales office identifying, promoting, advertising, or directing patrons to such subdivision real estate sales office. 2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a subdivision real estate sales office shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a subdivision real estate sales office where the area of such temporary sign exceeds sixteen (16) square feet. 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a subdivision real estate sales office upon any property other than that property upon which the subdivision real estate sales office is located. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a subdivision real estate sales office shall be removed within twenty four (24) hours of the conclusion of such temporary use. H. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. I. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 12. That a new section, Meridian City Code section 3-4-11, regarding standards for garage, yard, and similar sales, shall be added, to read as follows: 3-4-11: TEMPORARY USES – STANDARDS FOR GARAGE, YARD, AND SIMILAR SALES: The following standards shall apply to the time, place, and manner of operation or occurrence of Garage, Yard and Similar Sales: A. Garage sale operators shall comply with the standards for all temporary uses as set forth above all provisions and standards of this chapter and any and all applicable provisions of law, except that a city of Meridian temporary use permit shall not be required, and the provisions of subsections B1 through B6 of this section Meridian City Code section 3-4-4(F) shall not apply. B. It shall be unlawful for any person to conduct a garage sale at any one address: DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 24 OF 30 1. At which four (4) or more garage sales have been conducted by any person within the current calendar year. 2. At which a garage sale has been conducted by any person within the previous thirty (30) days. 3. For longer than three (3) consecutive days. 4. Between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. C. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. D. All garage sales shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a garage sale on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: 1. Is the owner of record of such property and/or building; or 2. Prior to such garage sale, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date. E. Any person claiming exemption under this subsection C8d(1) or C8d(2) of this section shall bear the burden of proving that such exception applies. F. Garage sales held by or for the benefit of charitable or nonprofit organizations shall not be exempt from the provisions of this section. G. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. H. The following provisions shall apply to any and all temporary signs related to a garage sale: 1. No more than four (4) temporary signs per one garage sale shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such garage sale. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) temporary signs per one garage sale identifying, promoting, advertising, or directing patrons to such garage sale. 2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a garage sale shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a garage sale where the area of such temporary sign exceeds six (6) square feet. 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a garage sale upon any property without the permission of the owner of such property. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a garage sale shall be removed within twenty four (24) hours of the conclusion or close of such temporary use. I. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. J. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 25 OF 30 violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Section 13. That a new section, Meridian City Code section 3-4-12, regarding standards for temporary construction sites, shall be added, to read as follows: 3-4-12: TEMPORARY USES – STANDARDS FOR TEMPORARY CONSTRUCTION SITES: The following standards shall apply to the time, place, and manner of operation or occurrence of Temporary Construction Sites: A. Temporary construction site property owners shall comply with the standards for all temporary uses as set forth above all provisions and standards of this chapter and any and all applicable provisions of law, except that a city of Meridian temporary use permit shall not be required, and the provisions of subsections B1 through B6 of this section Meridian City Code section 3-4-4(F) shall not apply. B. It shall be unlawful for any person to operate a temporary construction site on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All temporary construction sites shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. C. It shall be unlawful for any person to conduct processing or other industrial activities on a temporary construction site unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit. D. It shall be unlawful for any person to store materials and/or equipment on a temporary construction site that are not directly associated with a valid plat, certificate of zoning compliance, and/or building permit. E. It shall be unlawful for any person to place construction management trailers on a temporary construction site unless such trailers are needed to supervise the temporary construction site on a regular basis. F. It shall be unlawful for any person to operate a temporary construction site in any manner which creates a hazard to public health or safety. G. It shall be unlawful for any person to store construction materials or equipment in or upon a public right of way, except as specifically allowed by license or permit issued by the right of way agency. H. Discarded materials, rubbish, and garbage generated at or carried onto a temporary construction site shall be enclosed in a container meeting the requirements of title 4, chapter 1 of this code. I. Temporary construction site property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. J. Persons operating a temporary construction site shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the community development director or designee. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. K. The provisions of section 11-3D-7 of this code shall apply to any and all signs on the temporary construction site. L. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 26 OF 30 provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. M. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which are incorporated herein by this reference. Standards For Additional Temporary Sign For Permanent Proprietors Within Meridian Split Corridor Phase 2 Roadway Project Area: a. The provisions of this subsection shall apply only to permanent proprietors within the Ada County highway district's Meridian split corridor phase 2 roadway project area ("MSC2 project area"), which shall be defined as the area bordered on the north by East Blue Heron Street, bordered on the east by East 3rd Street, bordered on the south by East Franklin Road, and bordered on the west by West 3rd Street. b. In addition to signs allowed by other provisions of law, permanent proprietors within the MSC2 project area, upon application for and issuance of a city of Meridian temporary use permit therefor, may erect one temporary sign for the purpose of identifying, promoting, advertising, or directing patrons to such permanent proprietor. Such sign shall meet the following dimensional standards: (1) Permanent proprietors within the MSC2 project area which have Meridian Road frontage may erect one temporary sign with an area not to exceed thirty two (32) square feet. (2) Permanent proprietors within the MSC2 project area which do not have Meridian Road frontage may erect one temporary sign with an area not to exceed eight (8) square feet. c. A temporary sign identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 project area may be installed only within the MSC2 project area or on either side of a street bordering the MSC2 project area. It shall be unlawful for any person to install a temporary sign under this subsection in any location other than as set forth in this subsection. d. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign without first obtaining the written permission of the owner of the property on which the sign is installed, erected, posted, or displayed. e. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign where the quantity or dimensions thereof exceed the limitations set forth in this subsection. f. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 project area shall be removed by Sunday, October 6, 2013. Section 14. It is hereby declared to be the legislative intent that the provisions and parts of this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 15. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 27 OF 30 Section 16. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk DRAFT – 10/10/17 UPDATES TO OUTDOOR SALES, TEMPORARY USES, AND CITIZEN’S USE PERMIT MERIDIAN CITY CODE PROVISIONS PAGE 28 OF 30 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17-_________ AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 3-4-1, REGARDING THE CLASSIFICATION OF LARGE-SCALE SPECIAL EVENTS WITHIN THE DEFINITION OF SPECIAL EVENTS AND ELIMINATING THE TEMPORARY INDOOR EVENTS DEFINITION; REPEALING MERIDIAN CITY CODE SECTION 3-4-3, REGARDING TEMPORARY USES; REPEALING MERIDIAN CITY CODE SECTION 3-4-4, REGARDING CITIZEN’S USE PERMITS; ADDING A NEW SECTION, SECTION 3-4-3, REGARDING LICENSE AND PERMIT REQUIREMENTS FOR ALL TEMPORARY USES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-4, REGARDING STANDARDS FOR ALL TEMPORARY USES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-5, REGARDING STANDARDS FOR SPECIAL EVENTS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-6, REGARDING STANDARDS FOR PROMOTIONAL SALES UNITS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-7, REGARDING STANDARDS FOR TEMPORARY SALES UNITS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-8, REGARDING STANDARDS FOR OUTDOOR MARKETS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-9, REGARDING STANDARDS FOR SUBDIVISION MODEL HOMES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-10, REGARDING STANDARDS FOR SUBDIVISION REAL ESTATE SALES OFFICES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-11, REGARDING STANDARDS FOR GARAGE, YARD, AND SIMILAR SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-12, REGARDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ____________________________________ City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: _________________ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17-____________ 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. 15-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2017. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Fire Department: Joint Powers Agreement (JPA) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: 7F ITEM TITLE: Citywide Strategic Plan Update 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 City of Meridian Strategic Plan Execution Progress Report October 10, 2017 1.Dashboard 2.Close Out Report 3.High Priority Objectives 4.Objective Update 5.Objective Discussion 6.Next Steps EXECUTION PROGRESS REPORT PRESENTATION OVERVIEW Plan Completion – 22% Objective Completion – 9% #1 Dashboards •1.A.2. – Evaluate and, if appropriate, expand the Urban Renewal District. •2.A.2. – Develop and maintain the broad spectrum of partnerships needed to cultivate diverse businesses and jobs. •3.E.1. – Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. •5.A.3. – Evaluate available tools for financing recreation and entertainment facilities. •5.B.2. – Determine the viability of and, if feasible, develop a “farmers market.” •5.C.1. – Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture. #2 CLOSEOUT REPORTS Objective 1.A.2. - Evaluate and, if appropriate, expand the Urban Renewal District Percent Complete 100% Lead Community Development PERFORMANCE MEASURE – If warranted, creation of a new urban renewal district or districts. Objective 2.A.2. - Develop and maintain the broad spectrum of partnerships needed to cultivate diverse businesses and jobs. PERFORMANCE MEASURE – Maintain monthly meetings and expand membership of the Meridian Economic Development Steering Committee. PERFORMANCE MEASURE – Provide annual number of partnerships with brokers, developers and property owners. PERFORMANCE MEASURE – Maintain an annual database of leads. Percent Complete 100% Lead Community Development Objective 3.E.1. - Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. Percent Complete 100% Lead Legal Department PERFORMANCE MEASURE – City practices are in alignment with City Codes. PERFORMANCE MEASURE – Information is created and easily accessible regarding roles and responsibilities for City leadership. PERFORMANCE MEASURE – Training occurs annually. Objective 5.A.3. - Evaluate available tools for financing recreation and entertainment facilities. Percent Complete 100% Lead Finance Department PERFORMANCE MEASURE – Complete of report for financing an entertainment or recreation facility. Objective 5.B.2. - Determine the viability of and, if feasible, develop a “farmers market.” Percent Complete 100% Lead Mayor’s Office PERFORMANCE MEASURE – One day event held in 2015. PERFORMANCE MEASURE – A weekly farmers market is in operation for 3 months in downtown Meridian during 2016. Objective 5.C.1. - Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture. Percent Complete 100% Lead Clerk’s Office PERFORMANCE MEASURE – Develop and maintain a manageable catalog of contributors. PERFORMANCE MEASURE – Develop a catalog of funding mechanisms and their range. #3 HIGH PRIORITY OBJECTIVES •Have 14 Objectives to provide an Update. •Objectives are High Priority that were Scheduled to Start •Will give an overview of objective and progress Objective 1.A.1. - Reinvigorate the Destination Downtown Plan by gaining broad, strong support and positioning the plan for implementation. •Community Development has worked with City Council and MDC on priority of downtown. •Engaging business community and stakeholders to identify and work on priority projects. •MBDA becoming more active and involved. Percent Complete 25% Lead Community Development Objective 1.B.1. - Define and articulate the City's growth goals. •Funding not included as part of FY18 Budget •Work will be done as part of new Comprehensive Plan Update. Percent Complete 0% Lead Community Development Objective 1.C.1. - Codify Established Area of City Impact boundaries. •Unsuccessful in state code changes regarding AOCI. •In progress, but need to look at our growth goals to determine any future modifications. •Will continue to work with cities and counties on small and large AOCI changes as appropriate. Percent Complete 33% Lead Community Development Objective 2.A.1. - Identify, develop and utilize the tools needed for successful attraction and retention of jobs. •Have implemented several tools designed to support business attraction efforts. •Reviewing incentive programs in other states that target desired industries. •Relationship Management Software? Percent Complete 52% Lead Community Development Objective 2.A.3. - Promote job growth by identifying and attracting businesses in technology, health sciences, animal science and food production. •Have an updated inventory of parcels particular to industry. •Targeted marking in place for health science. Percent Complete 40% Lead Community Development Objective 3.A.2. - Improve Citizen Access to Government •Identified proposed improvements to Levels of Engagement: Inform, Consult, Involve, Collaborate, and Empower. •Conducted GAP analysis. •Would Like Feedback on action plan. Percent Complete 70% Lead Mayor’s Office Objective 3.B.1. - Develop a cost effective and competitive benefit plan •2018 Benefit Plan has been finalized. •Ongoing efforts focused on providing a cost effective and competitive benefits package. •Objective is to be rewritten for better clarification to reflect next step Percent Complete 55% Lead Human Resources Objective 3.B.3. - Develop a succession planning program. •Objective is on track to be completed on time as planned as funding in FY18 was secured. Percent Complete 15% Lead Human Resources Objective 3.B.4. - Develop an employee engagement program •Due to operational demands and resources this objective has been delayed. •Will begin in FY18 Percent Complete 10% Lead Human Resources Objective 3.B.5. - Develop and maintain a competitive compensation program that enables quality recruitment and rewards and encourages high performance. •Due to operational demands and resources this objective has been delayed. Percent Complete 0% Lead Human Resources Objective 3.C.1. - Develop a local Incident Management Team to respond during and after times of community crisis. •Evaluated the training necessary for staff to create an Incident Management Team. •Looked at existing resources in the Treasure Valley or creating a Valley- Wide Team. •Final stages of analysis report. Percent Complete 80% Lead Fire Objective 3.D.1. - Align resources, systems, and employees to meet strategic objectives and priorities. •Strategic plan will be transitioning to Strategic Performance Analyst. •Gap analysis will be performed with departments as it relates to objectives. •Resources, systems and employees will be requested during the budget cycle to address needs for individual objectives. Percent Complete 10% Lead Support Services Objective 3.E.4. - Institute a priority-based budget system to meet adopted level of service expectations. •Research has been conducted about best way to move forward. •New Finance position will begin conducting Cost of Government / Priorities of Government exercise on 3 pilot departments in Spring 2018. Percent Complete 50% Lead Finance Objective 4.A.4. - Identify gaps and deploy programs and services that enhance the ability of people to move safely within and through the community. •Need to complete objectives 4.A.1. and 4.A.2 establishing our safety profile prior to advancing this objective. •In the process of developing a Meridian specific Threat Hazard Identification and Risk Assessment which will set Safety Profile. Percent Complete 0% Lead Police #4 OBJECTIVE UPDATE •Follow-up to June 27 Meeting •Council Feedback to 3.A.2 Strategic Goal 4.B. – Establishing Meridian as a premier health community. •No Work Per Council Direction •Blue Cross of Idaho Presentation in 2 Weeks •Plan to Bring Recommendation to Next Update of Plan Percent Complete N/A Lead Fire Department Objective 5.A.2. – Identify desired public sports facilities or complexes and establish partnerships that foster their development. Objective 5.A.4. – Foster development of Discovery Parks that uniquely blend arts, entertainment, and culture. •Discussion about combining these items in June. •Remained separate. •Provide an Update Percent Complete 40% and 0% Lead Parks Department Objective 3.A.2. - Improve Citizen Access to Government •OBJECTIVE SUMMARY - To create greater engagement and participation to facilitate citizen input in the planning, operations, and decision making process of the City. Percent Complete 70% Lead Mayor’s Office INFORM CONSULT INVOLVE COLLABORATE EMPOWER GOAL One way communication designed to provide balanced and objective information to assist the community in understanding about something that is going to or already has happened. The community is listening to the City. Two way communication done in order to obtain feedback from the community on ideas, alternates, and proposals under consideration in order to inform city decision makers. The community is contributing to the City. Participatory process designed to help the City gather information on issues and views in order to ensure concerns and aspirations are understood and considered prior to proposals being made. The community participates in developing a recommendation from the City. The City works together with the community to develop an understanding of issues and interests working out alternatives and preferred solutions for a joint decision making. The community is a partner in the final decision. The City places the final decision in the hands of the community. The community is the decider. CITY APPROACH Information is shared from the City to the community. Concerns and feedback of community is provided to the City. The community is involved in the process sharing their ideas and concerns with the City. The community and City collaborate in the process to bring a joint recommendation. The City implements the decision of the community. COMMUNITY ROLE Listen Contribute Participate Partner Decide EXAMPLES Newsletters Public Hearing Testimony Master Planning Process Commissions/Task Force Public Vote LEVELS OF ENGAGEMENT #5 OBJECTIVE DISCUSSION •Nextdoor Pilot Project for Public Hearings – In Progress •LiveStream City Commissions •Implement Text/Cell Phone Based Messaging System Inform Goal – One way communication designed to provide balanced and objective information to assist the community in understanding about something that is going to or already has happened. The community is listening to the City. ACTION PLAN Current Desired Deficiency Information is shared from the City using traditional methods designed to reach people at home via the mail or through a variety of mediums on a personal computer. Information is shared from the City in ways that is more conducive to people using mobile devices. •Lack of information from City Commissions. •Use of appropriate social media platform. •Use of modern phone conveniences to convey information. •Public Testimony Using Text Messages, Phone/Audio and Video Technology •Perform Telephone Town Halls •Implement Phone/Social Media/Online Polls for Proposed Changes Consult Goal – Two way communication done in order to obtain feedback from the community on ideas, alternates, and proposals under consideration in order to inform city decision makers. The community is contributing to the City. ACTION PLAN Current Desired Deficiency Concerns and feedback from the community is provided to the City using traditional methods such as letters, email, and in person. Concerns and feedback from the community is provided to the City in ways that is more conducive to people using mobile devices. •People are required to be “live” in person to participate in public process. •City is not reaching out more when appropriate to gather feedback on proposed changes. •Implement the usage of phone/social media/online poll in a participatory budgeting process. Involve Goal – Participatory process designed to help the City gather information on issues and views in order to ensure concerns and aspirations are understood and considered prior to proposals being made. The community participates in developing a recommendation from the City. ACTION PLAN Current Desired Deficiency Community is involved in the process sharing their ideas and concerns with the City when doing traditional types of planning processes. Community is involved in the process sharing their ideas and concerns with the City in additional processes such as participatory budgeting. •Lack of access points where the general public can be engaged in an ongoing process of the City. •Identify ordinance changes necessary which enable Community and City recommendations to be adopted. Collaborate Goal – The City works together with the community to develop an understanding of issues and interests working out alternatives and preferred solutions for a joint decision making. The community is a partner in the final decision. ACTION PLAN Current Desired Deficiency Community and City collaborate in the process to bring a joint recommendation using traditional in person processes which may or may not be adopted by City Council. Community and City collaborate in the process to bring a joint recommendation using traditional in person processes which are adopted by City Council. •Work product of Commissions or Committees is not implemented minimizing collaborative process. •Identify issues which warrant an advisory vote, bond measure, serial levy or ordinance change to be placed on the ballot for the residents to decide on non- land use issues. Empower Goal – The City places the final decision in the hands of the community. The community is the decider. ACTION PLAN Current Desired Deficiency The City rarely engages the community using the tools available via the voting process. The City regularly engages the community and implements their decision using the tools available via the voting process. •Advisory votes, bonds, serial levies, ordinance changes are not presented to the community for consideration. Discussion #6 Next Steps •Dashboard Information •Objective Review Early 2018 Meridian City Council Meeting 10) f DATE: Ma ITEM NUMBER: $ PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 10, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 74-206(1) (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS