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2017-10-17Meridian City Council Meeting Agenda Tuesday, October 17, 2017 – Page 1 of 4 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 17, 2017 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X__ Genesis Milam __O___ Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Rod Enos with Southside Christian Center 4. Adoption of the Agenda Adopted 5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Consent Agenda Approved A. Approve Minutes of July 19, 2017 City Council Budget Workshop B. Rainier Villas Sanitary Sewer and Water Main Easement C. Sagewood Subdivision Sanitary Sewer and Water Main Easement D. Gramercy Subdivision No. 1 Water Line Easement E. Black Cat Trunk Sewer Easement For Citadel Storage on Amity F. Volterra Heights Subdivision No. 3 Water Main Easement CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, October 17, 2017 – Page 2 of 4 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. G. Volterra Heights Subdivision No. 3 Sanitary Sewer Easement H. Final Order for Bainbridge Subdivision No. 6 (H-2017-0122) Located ½ mile west of N. Ten Mile Road, south of W. Chinden Blvd by Brighton Investments, LLC I. Final Order for Hill’s Century Farm Subdivision No. 8 (H-2017-0127) by Brighton Investments, LLC located approximately ¼ mile south of E. Amity Road, and 1/2 mile east of S. Eagle Road J. Final Order for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road K. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the TM Creek Subdivision No. 2 Ten Mile Creek Pathway Located Near the Southeast Corner of Franklin and Ten Mile Roads L. Addendum No. 15 to Agreement with Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002. M. Resolution No. 17-2042: A Resolution Approving a Community Recycling Fund Application for the Project ‘Catalpa Leaf-Shaped Bench with Signage’ Sponsored by the Solid Waste Advisory Commission and Funding Authority of $2,756.00. N. Approval of Change Order 1 to ACHD for the “Franklin Rd. Black Cat to Ten Mile Rd. Water and Sewer Improvements” project for a Not-To-Exceed amount of $304,000.00 in conjunction with the Interagency Agreement dated January 20, 2016. O. Approval of a Sole Source Purchase for ten (10) WRAP Restraints from Safe Restraints, Inc. for the Not-to-Exceed amount $12,885.00. P. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $256,500.00. Q. AP Invoices for Payment - $2,939,838.27 7. Items Moved From the Consent Agenda 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant Meridian City Council Meeting Agenda Tuesday, October 17, 2017 – Page 3 of 4 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. has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for Gensco (H-2017-0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road Approved 1. Request: Rezone of 4.5 acres from the C-G (General retail and service district) zoning district to the I-L (Light Industrial) zoning district B. Public Hearing for Kentucky Ridge Estates South (H-2017-0109) by Hayden Homes Idaho, LLC located east of S. Linder Road and south of W. Victory Road Approved 1. Request: Preliminary Plat consisting of 19 building lots and 3 common lots on 5.5 acres of land in the R-4 zoning district C. Public Hearing for Pine 43 (H-2017-0058) by DMB Development located south of E. Fairview Ave., east of N. Locust Grove Road, north of Commercial Street and west of Hickory Ave Approved 1. Request: Modification to the existing Development Agreement (Inst. #108022893) to accommodate the proposed mixed use development plan 2. Request: Annexation and zoning of 0.07 of an acre of land from the RUT zoning district in Ada County to the R-15 (medium high-density residential) zoning district in the City 3. Request: Rezone of 31.24 acres of land from the C-G (general retail and service commercial) to the R-15 (medium high-density residential) zoning district; and 27.48 acres of land from the C-G zoning district to the R-40 (high density residential) zoning district 4. Request: Preliminary Plat consisting of 364 building lots and 50 common lots on 119.77 acres of land in the R-15, R-40 and C-G zoning districts 9. Ordinances Meridian City Council Meeting Agenda Tuesday, October 17, 2017 – Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. A. Ordinance No. 17-1751: 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 Approved 10. Future Meeting Topics Adjourned at 6:51pm Meridian City Council October 17, 2017. A meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, October 17, 2017, by Mayor Tammy de Weerd. Members Present: Keith Bird, Joe Borton, Ty Palmer, Genesis Milam and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd and Luke Cavener. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Sonya Allen, Josh Beach, Clint Dolsby, Scott Colaianni, Charlie Butterfield, Mike Barton 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 _____ Lucas Cavener ___ Mayor Tammy de Weerd Bird: I will call the regular scheduled meeting for the Meridian City Council, Tuesday, October 17th, 2017, at 6:00 -- it's is 6:01. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance Bird: Okay. Second item Pledge of Allegiance. If you will all stand and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rod Enos with Southside Christian Center Bird: Is Pastor Enos here? If you will join us for our community -- the invocation or take this as a time of reflection. Thank you for being here. Enos: Father, we just come to you in Jesus' name and we thank you for your many blessings on our community, just the privilege of living in Meridian and the freedom that we have and the blessing. We ask tonight, Lord, for your wisdom, your guidance upon the City Council as they deliberate and make decisions. We pray, Lord, that you would just give them wisdom beyond themselves. We pray, Lord, your continued blessing, Lord, over our city, Lord, over our first responders, Lord, that you would protect them and give them wisdom as they would exercise justice over our city. We pray, Lord, over every individual and every family that -- Lord, that they would be protected and that they would be guided in your ways and so, Lord, we just thank you again for this community and pray your blessing upon this meeting tonight, in Jesus' name, amen. Meridian City Council October 17, 2017 Page 2 of 21 Item 4: Adoption of the Agenda Bird: Thank you very much. The fourth item adoption of the agenda. Councilman Borton. Borton: Mr. President. Item 6-M on the Consent Agenda is proposed resolution 17-2042. And under Item 9, Ordinances, proposed ordinance number 17-1751. And with those additions I would move that we adopt the agenda as published. Milam: Second. Bird: You have heard it. We have got a motion to adopt the agenda as published with a second. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Bird: Got anything for Item 5? Coles: Mr. President, we had one individual sign up. However, they indicated that it's for the hearing for Pine 43, which is Item 9 -- or, excuse me, 8-C on tonight's agenda. Bird: Okay. It wasn't for this item? Coles: It was not. It says hearing for Pine 43. Item 6: Consent Agenda A. Approve Minutes of July 19, 2017 City Council Budget Workshop B. Rainier Villas Sanitary Sewer and Water Main Easement C. Sagewood Subdivision Sanitary Sewer and Water Main Easement D. Gramercy Subdivision No. 1 Water Line Easement E. Black Cat Trunk Sewer Easement For Citadel Storage on Amity F. Volterra Heights Subdivision No. 3 Water Main Easement G. Volterra Heights Subdivision No. 3 Sanitary Sewer Easement Meridian City Council October 17, 2017 Page 3 of 21 H. Final Order for Bainbridge Subdivision No. 6 (H-2017-0122) Located ½ mile west of N. Ten Mile Road, south of W. Chinden Blvd by Brighton Investments, LLC I. Final Order for Hill’s Century Farm Subdivision No. 8 (H-2017- 0127) by Brighton Investments, LLC located approximately ¼ mile south of E. Amity Road, and 1/2 mile east of S. Eagle Road J. Final Order for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road K. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the TM Creek Subdivision No. 2 Ten Mile Creek Pathway Located Near the Southeast Corner of Franklin and Ten Mile Roads L. Addendum No. 15 to Agreement with Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002. M. Resolution No. 17-2042: A Resolution Approving a Community Recycling Fund Application for the Project ‘Catalpa Leaf- Shaped Bench with Signage’ Sponsored by the Solid Waste Advisory Commission and Funding Authority of $2,756.00. N. Approval of Change Order 1 to ACHD for the “Franklin Rd. Black Cat to Ten Mile Rd. Water and Sewer Improvements” project for a Not-To-Exceed amount of $304,000.00 in conjunction with the Interagency Agreement dated January 20, 2016. O. Approval of a Sole Source Purchase for ten (10) WRAP Restraints from Safe Restraints, Inc. for the Not-to-Exceed amount $12,885.00. P. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $256,500.00. Q. AP Invoices for Payment - $2,939,838.27 Bird: Thank you very much. With that I will go to No. 6, the Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Meridian City Council October 17, 2017 Page 4 of 21 Borton: As noted previously, Item M on the Consent Agenda is resolution 17-2042. And with that I would move that we approve the Consent Agenda and for the President to sign and the Clerk to attest. Little Roberts: Second. Bird: We got a motion to approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda Bird: We had no items removed from the Consent Agenda. Item 8: Action Items A. Public Hearing for Gensco (H-2017-0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road 1. Request: Rezone of 4.5 acres from the C-G (General retail and service district) zoning district to the I-L (Light Industrial) zoning district Bird: So, we will go into Action Items and our first action item is H-2017-0098 for Kobe, LLC. Is that you, Josh? Beach: Yes, sir. Bird: Start with the staff. Thank you. Beach: As you said, this is the application -- the name is called Gensco. It's a rezone. The size of this property -- it consists of approximately four and a half acres, it's currently zoned C-G, located at the northeast corner of North Locust Grove and East Franklin. The property was annexed into the city in 1996 as Ordinance No. 748. The Comprehensive Plan future land use map designation is commercial. The applicant has applied to rezone four and half acres of land from C-G to the I-L zoning district, as discussed above and the proposed zoning is consistent with the policies in the Comprehensive Plan. The proposed concept plan depicts a 50,000 square foot building, with potential future expansion of 20,000 square feet. Staff is in support of rezoning the property. However, subsequent to Meridian City Council October 17, 2017 Page 5 of 21 applying for the subject rezone the applicant has submitted a preliminary/final plat combination application to create a three lot subdivision out of the existing parcel. The northern lot is proposed for I-L zoning, while the southern two lots will remain zoned C- G. The three uses will be required to obtain separate land use approvals prior to construction and operation and in general staff is supportive of the proposed concept plan. The site currently has one vehicular access to both North Locust Grove Road and East Franklin Road. The UDC requires the applicant to utilize local streets when available and in this case the applicant is required to utilize access from Lanark on the north and Nola Road on the east. They are both considered local streets. Staff recommends approval of a single shared access, as well as one shared access from East Franklin Road. Madden Subdivision, which is the subdivision currently in the process, is scheduled to be heard in the next few weeks by Council. In order to utilize access from North Locust Grove Road and East Franklin Road, the applicant will need to obtain approval from City Council and they are asking for that this evening. Under the existing zoning the proposed wholesale sales and warehouse uses are not allowed . Although the applicant has submitted a viable concept plan, the only development currently shown on the conceptual site plan is the wholesale sales and warehouse building located on -- on Lot 1. Specific development plans are not proposed currently for Lots 2 and 3 of Block 1. The Commission did recommend approval. A summary of the Commission public hearing were Kevin Schalk, the applicant's representative, in favor. No one in opposition. The applicant's representative, again, Kevin Schalk, was commenting. Did not receive any written testimony. Caleb Hood was the staff member presenting the application. There were no other -- no other staff members commenting. There were no issues of key -- no key issues in public testimony. Key issues of discussion by the Commission were concerns about the pressure in the irrigation lines, who is responsible for the irrigation and what would have to be done to address the issue . Commission changes to staff recommendations are -- they modified Condition 1.1.1B to read as follows: Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City Council grant access to North Locust Grove Road and East Franklin Road in the future. As I said, the applicant is requesting access to both Locust Grove Road and Franklin. So, that's before you this evening. Did not -- have not received any written testimony since the Commission hearing. And with that staff will stand for any questions you have. Bird: Council, any questions for staff at this time? Is the applicant here? Please state your name and address. Tamura: Mr. Chair, Members of the Council, my name is Doug Tamura and I represent Kobe, LLC. We are the owners of the subject property and I have kind of the cart before the horse, because there was enough engineering design work involved, so I couldn't submit the plat at the same time as the rezone, but we are going to be heard next -- next week for this -- the Madden Subdivision and what we got approved so far with the highway district is we are going to keep the -- the most eastern curb cut on Franklin and close off the right-in, right-out. The one to the east will become a right -in, right-out restricted and, then, it will be -- and, then, we are going to widen them to 36 feet. I have both planning and zoning support and Highway District support for keeping the two access points on Locust Grove. My reasoning was Gensco is going to be the -- the Trane distributor for -- Meridian City Council October 17, 2017 Page 6 of 21 I don't know if you know Trane, but they are the mechanical distributor . So, we will have a fair amount of truck traffic and so our thought was it would be nice to -- and what the highway district agreed is that the -- the further south one would be a right-in, right-out and they would give us a full access onto Locust Grove on the northern access point. Again, we are going to widen those out to 36 feet, But it would give us three -- three good access points into a 70,000 foot, you know, distributing center, you know, and it's -- plus it's a four and a half acre site that we are going to develop. So, again, we would like to be able to keep the two access points that we have on Locust Grove. Thanks. Any questions? Bird: Any questions for the applicant? Okay. Thank you very much. This is a public hearing. Do we have anybody signed up? Coles: There were no sign-ups, Mr. President. Bird: It is a public hearing. Would anybody like to testify? Doug, you got any final words? Borton: Mr. President? Bird: Mr. Borton. Borton: A question for Josh. One of the notes makes reference to a DA and DA provisions as being the means to -- and you have got proposed conditions to go in the DA. If that's not, obviously, done as part of this rezone, what would be the condition to be put in today's hearing to ensure that gets done? Beach: Let me pull it up, Mr. Borton, so I know exactly which -- which condition you're referring to here. Borton: The recommended provisions in Exhibit B. Beach: Which of the four are you referring to? Or all of them? Borton: Yeah. Mr. President. All of them and my question, I guess, is the condition that a DA be entered into between the applicant and the city, how would that be tied to an approval of a rezone today? Is it -- do you see what I'm saying? I'm trying to -- trying to create language that would -- that would act on today's application and -- and state what you recommended, that a DA be entered into between the city and the applicant. So, what date or before what occurs -- what would be the trigger -- Beach: So, they would have to sign the DA in order for the property to be rezoned. Is that what you're asking? What kind of the process is? Borton: Mr. President? Bird: Yes. Meridian City Council October 17, 2017 Page 7 of 21 Borton: I guess whatever the trigger would be; right? So, if we have got a rezone today -- up for approval today, is it -- if it's approved today is it not really approved until a DA is also agreed to? Am I getting this -- Beach: No, that's -- that's correct. So, they would have to sign the development agreement, bring that back before Council to have that approved before it officially gets rezoned. Borton: Okay. All right. Thanks. So, it's approved subject to that -- okay. Bird: Any other questions? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Just for clarification, in the sheet that's on our screen it says Exhibit C. In our paperwork it says Exhibit B. Beach: So, there is -- don't get too hung up on that. Exhibit B is the actual DA. This is just -- this is just an exhibit showing what those conditions would be. Maybe I'm getting everyone confused here. I'm not sure which -- Little Roberts: Okay. Bird: Did that answer your question? Little Roberts: It does. Bird: Any other questions? If not, what's your pleasure, Council? I would certainly entertain a motion to close the public hearing. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we close the public hearing on Item 8-A, H-2017-0098. Little Roberts: Second. Bird: I have got a motion to close the public hearing with a second. All in favor say aye. Any opposed? We have closed the public hearing. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 17, 2017 Page 8 of 21 Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we approve Item 8-A, H-2017-0098, with staff and applicant comments with regards to access and the -- the DA condition of the rezone with the recommended conditions of approval. Milam: Second. Bird: Got a motion and a second to approve H-2017-0098. Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Kentucky Ridge Estates South (H-2017- 0109) by Hayden Homes Idaho, LLC located east of S. Linder Road and south of W. Victory Road 1. Request: Preliminary Plat consisting of 19 building lots and 3 common lots on 5.5 acres of land in the R-4 zoning district Bird: Item B, Kentucky Ridge Estates South, H-2017-0109. I will open the public hearing for that and staff -- is that you, again, Josh? Beach: Yes, sir. This is a preliminary plat for Kentucky Ridge Estates South. This site consists of approximately five and a half acres of land, which is currently zoned R-4, located south of West Victory Road and west of South Kentucky Way. This property was previously annexed and zoned and a preliminary plat was approved in 2014 for what was called Revolution Ridge Subdivision. The property was to be phase four of the development. However, the plat -- the plat did expire. The Comprehensive Plan future land use map designation for this piece is low density residential. The plat consists of 19 single family residential building lots and three common lots on five and a half acres of land in the R-4 zoning district. Minimum lot size in the proposed development is 8,000 square feet. Access is proposed via two accesses. One via South Cobble Avenue and one via West Blue Down Street. A stub street is proposed to the south for future extension and interconnectivity. Because the property was intended to be the last phase of development in the previously approved subdivision and will be part of that development, it does not meet the minimum qualified open space and site amenity requirements. However, staff recommends that the common area and the site amenities in the Kentucky Ridge development is allowed to satisfy the requirements for this development . So, as I previously mentioned, this -- this was going to be a phase in that subdivision just to the north, but the plat died. So, they are having to come back forward with the -- through the subdivision process again. But for all intents and purposes it's the same subdivision and Meridian City Council October 17, 2017 Page 9 of 21 my understanding is it will be included in that subdivision's CC&Rs, so they are subject to those and would be allowed to use the open space provided with that subdivision to the north. The Sundial Lateral crosses the southwest corner of the site. All ditches on the site are required to be piped, unless waived by City Council. The applicant is requesting a waiver from City Council due to large capacity of the lateral. The Sundial Lateral will not be improved as part of the development to be a water amenity as defined in UDC. The lateral is required to be fenced in accordance with UDC standards to deter access to that lateral. The Commission did recommend approval with conditions. Summary of the Commission public hearing. In favor was Tim Mokwa and Ann Runyon. None in opposition. Commenting was Ann Runyon. Written -- did not receive any written testimony on this. Sonya Allen was the staff that presented the application. There was no other staff commenting. Key issues of public testimony. Some of the existing residences in Kentucky Ridge have very low pressure in their irrigation lines. Fears that additional homes will decrease the pressure even further. Issues of discussion by the Commission were concerns about the pressure in the irrigation lines. Who is responsible for the irrigation and what has been done to address that issue and is gravel appropriate material for the proposed pathway. The Commission did not change any of staff's recommendations. There are no outstanding issues for Council, with the exception of keeping that portion of the lateral open. Did not receive any written testimony since the Commission hearing. And with that I will stand for any questions that you may have. Bird: Council, any questions for the staff at this time? Is the applicant here? You want to come forward? The applicant says there is no need to come forward. Council, you got any other questions? Borton: Mr. President? Bird: Yeah. Borton: Josh, maybe you can give a quick summary on the -- the question on the irrigation pressure issue with how that was resolved. Beach: That may be a better question for the applicant, but I believe they will address that as part of the subdivision, but -- Bird: Come forward, please. State your name and address if you would. Gregory: Mike Gregory. 3487 West Breneman Street, Boise. The way I understand it we have -- we have located a residential watering schedule in the O&M manual -- in the pressure irrigation O&M manual that will be -- there was no -- there was no set scheduling -- residential scheduling for the homeowners this past summer, which I believe contributed to some of the low flow questions. What -- what -- since we have located the -- the watering schedule, we will give that to the HOA management person to distribute and coordinate with the residents at the start of next watering season . We -- we feel that that will take care of the low pressure that was experienced this past season . Meridian City Council October 17, 2017 Page 10 of 21 Bird: Any other questions? Thank you very much. This is a public hearing. Would anybody else like to testify? Council, any questions for either the applicant or the staff at this point? If not I would entertain a motion. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing on H-2017-0109. Borton: Second. Bird: I have got a motion to close the public hearing on H-2017-0109. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve H-2017-0109 with all staff and applicant testimony. Borton: Second. Bird: I got a motion and a second to approve H-2017-0109. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Pine 43 (H-2017-0058) by DMB Development located south of E. Fairview Ave., east of N. Locust Grove Road, north of Commercial Street and west of Hickory Ave 1. Request: Modification to the existing Development Agreement (Inst. #108022893) to accommodate the proposed mixed use development plan 2. Request: Annexation and zoning of 0.07 of an acre of land from the RUT zoning district in Ada County to the R-15 (medium high-density residential) zoning district in the City 3. Request: Rezone of 31.24 acres of land from the C-G (general retail and service commercial) to the R-15 (medium Meridian City Council October 17, 2017 Page 11 of 21 high-density residential) zoning district; and 27.48 acres of land from the C-G zoning district to the R-40 (high density residential) zoning district 4. Request: Preliminary Plat consisting of 364 building lots and 50 common lots on 119.77 acres of land in the R-15, R-40 and C-G zoning districts Bird: Open the public hearing on H-2017-059. Is that you, Sonya? Allen: It is. Bird: Okay. Staff report. Allen: Thank you, President Bird, Members of the Council. The next application before you is a request for a development agreement modification, annexation and zoning, rezone, and a preliminary plat. The site consists of approximately 120 acres of land, zoned C-G, located on the south side of East Fairview Avenue and the east side of North Locust Grove Road, north of Commercial Street. Back in 2007 this property was included in the annexation, rezone and preliminary plat for Pine Bridge Subdivision. A development agreement was required as a provision of annexation and later amended to remove the Scentsy property. Several time extensions were approved for the preliminary plat, which expired in May of this year. Since the time the property was annexed Pine Avenue has been extended between Locust Grove and Eagle. A roundabout has been constructed at the intersection of Pine and Webb and infrastructure has been completed to support the Scentsy and PKG campuses. Comprehensive Plan future land use map designation for this property is mixed use community. This property is located within the northern area of the Core designated in the Comprehensive Plan. This area focuses on promoting an environment for health, sciences and technology and business centers, creating sustainable jobs, development, products, training, research and manufacturing that can't be outsourced. The corridor of complementary businesses and services should provide a one stop destination for visitors and workforce , with all necessary amenities. The applicant requests a modification to the existing development agreement to accommodate the proposed mixed use development plan. The original concept plan shown there on the left included approximately three million square feet of commercial, light office, multi-family residential uses, a medical campus and a 50 acre property that is now the Scentsy Commons Campus to the east. The proposed p lan shown on the right includes commercial components of office and retail and a variety of residential housing types, consisting of single family residential attached and detached and multi -family residential. The concept plan depicts commercial uses along adjacent arterial streets, Fairview, Locust Grove, and Pine. High density residential, 504 units along the west -- excuse me -- east side of Webb on the north end of the site and 233 single family residential units consisting of detached and attached homes, townhomes, and vertically integrated internal to the development. Two collector streets are also proposed through the development north-south, which is Webb and that is the one shown here with the dotted line north and south, which will provide connectivity from Pine to Fairview and east- Meridian City Council October 17, 2017 Page 12 of 21 west, the other dotted line here, which is State Avenue from the east boundary of the site to Locust Grove. An updated traffic impact study was prepared for the proposed development, which determined the proposed development will generate less traffic than the current approved plan. Annexation and zoning of .07 of an acre of land with the R- 15, which is .01 of an acre, and the C-G zoning district, which is .06 of an acre, is proposed for dedication of right of way for the extension of State Avenue. An area we are talking about for the annexation, if you can see my pointer here on the screen, is just the corner right here of this -- this long parcel here. So, that's why it's such a small amount. A rezone of 46.55 acres of land from the C-G to the R-15 zoning district is proposed to allow the development of single family residential uses to the mix of uses desired within the MUC designated area. A preliminary plat is proposed as shown for 414 lots on 119.77 acres of land and 47 mixed use building lots in the C-G district, 233 single family residential building lots in the R-15 district and 84 multi-family residential building lots in the R-40 district and the rest are common area lots. The subdivision is proposed to develop in 14 phases, beginning with the single family residential portions. Landscaped street buffers are required adjacent to all arterial and collector streets within the development and along all local streets as well in the C-G zoning district in accord with UDC standards. Open space and site amenities are proposed in accord with UDC standards for the single family residential portion of the development and open space and site amenities for the multi-family residential portion of the development will be reviewed with the conditional use permit application at a later date. Conceptual building elevations were submitted for commercial, townhome, live-work and single family residential detached homes proposed within the development. Staff believes the commercial areas within the development should provide for businesses that incorporate the Core vision and the diversity of residential housing choices should provide nearby housing options for employees. The Commission did recommend approval of the proposed applications with conditions in Exhibit B of the staff report. Summary of the Commission public hearing. Dan Torfin testified in favor. He's the applicant. No one testified in opposition. Tom Bevan commented. And written testimony in response to the staff report was received from Dan Torfin. Key issues of discussion by the Commission were the changes from the existing concept plan in the development agreement to the proposed plan and adequacy of off -street parking in the multi-family residential portion of the development. There were no changes recommended by the Commission to the staff recommendation and there is only one outstanding issue for the Council tonight. Dan Torfin, the applicant's representative, did submit written request for a modification to provision number 5.1.1 in the development agreement and you should have that in your packets and I will let Dan explain that request in further detail. That's all staff has, unless you have questions, Council. Bird: Any questions for Sonya? Not at this time. Is the applicant here? Torfin: Good evening, Mr. President, Members of the Council. Dan Torfin representing DMB Investments. Address is 250 South Beachwood in Boise. I will just -- Allen: Having technical difficulties. Meridian City Council October 17, 2017 Page 13 of 21 Torfin: Okay. So, just bring up the PowerPoint. Mr. President, Members of the City Council, This application -- Sony did a good job, so I'm not -- I'm not going to go through what all this is, but it is -- it's a refinement of our Pine -- of our Pine Bridge project that was originally approved nearly ten years ago and it did include the ground that the Scentsy campus is on and what we are trying -- what our refinement is is to take this project and to provide a variety of residential options in the -- in the center of the area -- Sonya, I will just use this. Allen: Your arrows on your keyboard, Dan. Torfin: Okay. I will just draw them. In area C -- so, we have an alphabetical map. Area C is the R-15 and it -- it's actually 31 acres that's being requested to be rezoned to R-15, 233 units, and the thought is -- our team believes that this -- the variety of housing will provide more options for residents for Meridian, for -- students at the new medical school have met with us and are very interested in the -- the various options of residential units that we offer. Many of them are going to be nontraditional students. Some will need apartments. Some may like townhouses. And so we have -- we have supplied a variety of attached townhouses, detached homes and, then, area B is 27 acres proposed to be rezoned to R-40, which includes traditional stacked flat apartments, could -- could include senior housing, assisted living and the architect style for this area is going to contain a broad range of architectural styles from traditional, contemporary, modern and so that -- the exhibits that are in the application are just to show the collected types of architecture we are going to allow. We also think that this project will have -- thank you. Let's see. That's not the one. If you would just bring up the plan. There you go. That will work. Thanks, Sonya. We -- we are going to be providing an extension of the public pathway that runs along the Jackson Drain in this area right here that I'm outlining in green and we are trying to promote pedestrian friendly walk and walkability that will connect to the -- the pathway corridor that's going to connect to downtown Meridian. We think that's key. We are -- we are kind of in a unique location that this is becoming an urban neighborhood and back when we were assembling this property -- property a long time this was in the middle of nowhere, really, between Meridian and so it's changed a bunch. But we really want to promote the walkability that could even be extended to make it all the way over to Kleiner Park and kind of tie those areas together with our pathways. The commercial development is still focused along the arterials. This is Pine Avenue, Fairview, Locust Grove and it's designed to help support the objectives of the Core enterprise zone for medical, technology uses. The access for this project -- we believe we have one of the best access projects in the valley, maybe. We have these arterials. ACHD has approved our access plan and it does include an access that I believe the Council needs to act on. There is a right-in, right-out in this location right here that ACHD had approved in the previous application, so we will acting -- or asking for your approval of that and we have added -- we did build Pine Avenue back in 2008 and all the access points are included on Pine Avenue, except this one right here down west of the roundabout. ACHD has approved that access point as well. Sonya, can you put up the roundabout? We are -- there. This concept plan is -- is the plan that we are working on for this -- the roundabout, which is the signature for our Pine 43 development and you will see that the name is on that sculpture. It's kind of a -- it's to show kind of an urban skyline with the sandstone and Meridian City Council October 17, 2017 Page 14 of 21 we are working presently with ACHD to get that approved and a license agreement. There. I like that one. That's a good one. The -- we have reviewed the conditions of approval and we are in agreement with them. As Sonya mentioned, we are asking for some amendments to the development agreement and they are simply -- just some language in 5.1.1 that is to allow some flexibility with final site planning, that we have a little flexibility to move, you know, buildings around without having to come back for amendments to the development agreement and, then, also in area B we are asking for the multi-family -- the high density multi-family to allow some flexibility as well, but also to allow the various types of high density residential that's allowed in that R-40 zone to be governed by a conditional use application that will be required for approval of -- of uses in that section area B as shown on the plans. In -- I guess in summary, we have an existing project, we haven't made a lot of changes, other than refining it to provide these -- the variety of housing types and kind of just add a layer of the residential that will -- we think will be beneficial to the overall community, to the medical school. Pine 43 meets the goals of the Comprehensive Plan and meets the Unified Development Code. We did receive a unanimous recommendation for approval from -- by the Meridian Planning and Zoning Commission. Somebody said that we nailed it, so -- they thought it was -- it was perfect for this location. So, in -- in conclusion, we are asking approval for the amended development agreement with the language that I'm proposing that's on your screen before you. The revised -- the annexation, zoning -- the rezoning for the R-15 and the R-40 and the revised preliminary plat. And with that I will stand for questions. Bird: Council, any questions for the applicant? Borton: Mr. President? Bird: Mr. Borton. Borton: Dan, on the proposed modified condition 5.1.1, are you comfortable with the -- at the end of that first paragraph it's added -- like in the second paragraph as determined by the director? Torfin: I believe so. Borton: And I appreciate what you're trying to do -- Mr. President? What you're trying to do with the flexibility and to understand the intent , but it's helpful to have that -- that final certainty if there is confusion -- Torfin: Sure. Borton: -- down the road. So -- Torfin: Mr. President, Council Member Borton, yeah, I think we will -- we will be working with staff -- Borton: Sure. Meridian City Council October 17, 2017 Page 15 of 21 Torfin: -- on the final plans and so I think -- I think it's appropriate. I think it was just to get some language in there, so if there is, you know, just subtle changes that we don't have to come -- you know, come modify the development agreement, which can be a lengthy process at times. Borton: Sure. Okay. Thank you. Bird: Any other questions? Milam: Mr. President? Bird: Mrs. Milam. Milam: Not really a developmental question. The name Pine 43 -- 43 changes to the -- Torfin: Not quite, but -- Mr. President, Councilman Milam. The Pine is -- Pine Avenue -- Milam: Right. Torfin: -- represents the location. Forty-three is the 43rd parallel. And also 43 is Idaho is the 43rd state and it also represents the pioneering spirit of Idaho and the City of Meridian, because we think Meridian is doing a great job and we want to be part of it. Milam: I knew there was some kind of great meaning behind that. Torfin: It was meant for people to ask. Bird: Any other questions? Thank you, Dan. Torfin: Thank you. Bird: This is a public hearing. Did we have any sign-ups? Coles: Mr. President, just the one from that previous item on the agenda. Jack -- I'm not going to get this last name correct -- Cortabitarte. He said he wanted to sign up to speak about the Pine 43 development. Bird: Come on up, Jack. Cortabitarte: Thank you. I didn't know I had to speak, but I will. Bird: Would you state your name and address, please. Cortabitarte: Jack Cortabitarte. 3115 Crescent Rim Drive, Boise, Idaho. We own a very small piece of undeveloped property to the east and borders property on Fairview and Meridian City Council October 17, 2017 Page 16 of 21 have for years. Been in the family since the 1950s and, first of all, I would like to say that we -- as a family we have to look to the developer and to you as City Council in Meridian to make the best decisions. We have no negative whatsoever. We would welcome any and all quality development in that area, because we think it would be a big asset to the City of Meridian and to Fairview in general, which we think needs it where we are. Just a second little incident. Years ago we agreed with ACHD to do a new access to our property with the development next to us just to the east and when we did we paid a fee to hook up water. We have never had city water or city sewer on our property, it was just a little farm. And when we went -- we got with Bruce and he got out the paperwork and we went to hook up the water, which was in the paperwork the City of Meridian is the northeast corner of our property. Well, we found out, with a lot of work and effort and also on Bruce's, there is no such thing. It was in error. So, Bruce at that time -- and I don't know the exact year, it's in the records, it was before the Pine Bridge thing. I think it was in 2006 or whatever. He asked me if we would agree that when the neighbor on Fairview, the commercial portion, is developed, that that developer would provide us a stub for water and sewer and so that is our understanding as the property owner. As far as the development before you today, we have no negative whatsoever and I mean that sincerely. We would look forward to this area eventually being developed in whatever format you think is the best for everyone in Meridian and the entire community. Borton: Mr. President? Bird: Mr. Borton. Borton: So, are you looking for some confirmation that this project will provide that connectivity? Cortabitarte: For our water? Borton: Yeah. Cortabitarte: Well, I really don't know how to proceed. I -- I think it's in the notes of a prior City Council meeting that I attended and I think it was, but that was a long time ago and so, yes, I would like it to be their understanding that we agree when that property is developed. We are not asking for that now. When it's developed that we would just like to get a stub that we could hook up. Borton: Okay. Thanks. Bird: Any other questions? Cortabitarte: Thank you. Bird: Thank you very much. Anybody else that would -- is there another -- anybody -- anybody that would like to testify? Dale. Meridian City Council October 17, 2017 Page 17 of 21 Newberry: Thank you. Dale Newberry. Micro 100 Tool. 10410 East Pine. I just have a question for Dan. Dan, you called and left a message for me, something about zoning and how it would -- it may affect our present -- Bird: Speak into the -- speak into the speaker so -- Newberry: Dan had called and left a message to me and I apologize for not getting back and clarifying, but he said that there may be a zoning problem through this on our property and I'd like to clarify what that is. Bird: Okay. Well, he can clarify it -- when he comes back up, Dale, he can clarify it. When he comes -- he will be the last one to testify. Newberry: All right. Well, that's all. Bird: That's all you have got? Any questions for Mr. Newb erry? Thanks, Dale. Newberry: It may bring us a lot of employees, so -- Bird: Anybody else? This is a public testimony. If not, Dan, do you want to come back and answer questions? Torfin: Yes, sir, Mr. President, Members of the Council. Two questions as to Jack Cortabitarte. I learned how to pronounce his name. It's a cool name. We -- the city does require it. The city has an ordinance of to and through. So, we intend to bring sewer over into that area and when we develop we would provide that stub to that adjacent property. We are agreeable to that. And, then, to answer Dale's questions, he owns property next to us and we own a piece of property that we were -- we were purchasing -- purchasing a larger piece of ground that's -- let me see, I think I can still do this. Right down here is a piece that we own. I'm drawing that in. That became an illegal split. We were taking down all the property of the original parcel and when the economy decided to slow way down we -- we didn't continue on with that, so we have a piece back there. The issue is that he -- he picked up the other parcels and we need to kind of work together. We are both -- we couldn't include it in our project. We tried. Ask Sonya. But we just couldn't find a way to put it in until we rectified an illegal parcel split and Dale will have that same issue. So, we have got to annex -- his property is in the county and so is ours and so, hopefully, Dale, that is the question and we just have to work together and try to bring it in later. So, we just moved on and that's where our application is tonight. Bird: Any other questions? Thank you, Dan, very much. Torfin: Thank you. Bird: Council, need anything before we would close the public hearing? Borton: Mr. President? Meridian City Council October 17, 2017 Page 18 of 21 Bird: Mr. Borton. Borton: If a head nod is appropriate, does that answer Mr. Newberry's question? Bird: He can work it out with the county. Council, what's your pleasure? Borton: Mr. President? Bird: Mr. Borton. Borton: I would move that we close the public hearing on Item 8-C, H-2017-0058. Little Roberts: Second. Bird: Got a motion to close H-2017-0058 and a second. All in favor say aye. Any opposed? Bird: The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. President? Bird: Mr. Borton. Borton: Legal counsel, can they -- can the package of the application be acted on as one? Nary: Mr. President, Members of the Council, yes. Bird: It's under one. Borton: Mr. President? Bird: Mr. Borton. Borton: If there is no discussion, I would move to approve Item 8-C, H-2017-0058 to include the modified condition 5.5.1 as further modified in today's hearing with the addition at the end of the first paragraph as determined by the director and agreed to by the applicant and to also include staff and applicant conduct -- or comments from today as well. Milam: Second. Meridian City Council October 17, 2017 Page 19 of 21 Bird: Okay. We have got a motion and a second to approve H -2017-0058. Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 17-1751: 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 De Weerd: That's the end of our action items. We will go into No. 9, Ordinances. Mr. Clerk, would you read ordinance number 17-1751 by title only. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1751: 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; Meridian City Council October 17, 2017 Page 20 of 21 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. Bird: Council, you heard that by title only. Is there anybody that would like to hear it read in its entirety? Seeing none, I would entertain a motion. Borton: Mr. President? Bird: Mr. Borton. Borton: Real quick just for discussion. This is going to go forward, but when we discussed it last there was going to be some follow up on some temporary use permit questions , just to make sure that stays on or gets on an agenda and -- maybe a workshop. Bird: It will be. Borton: Okay. Bird: Mrs. Milam? Milam: I move that we approve Ordinance No. 17-1751, with suspension of rules. Little Roberts: Second. Bird: Got a motion and a second to approve 17-1751. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics Meridian City Council October 17, 2017 Page 21 of 21 Bird: Anything on future topics? Seeing none -- all you students, if you'd come up and see the city clerk he would be glad to give you a Meridian city pin showing you have been here. Thank you for sitting through. With that I would entertain a motion to adjourn. Milam: So moved. Barton: Second. Bird: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: We are out of here. MEETING ADJOURNED AT 6:51 P.M. (AUDIO RE ORDING ON FILE OF THESE PROCEEDINGS) Af-) OUNCIL PR SIDENT KEITH BIRD DATE APPROVED ' ATTEST: o�Q0�p.TED AUGUST, C. J COL ,CIT ERK CAVI E IDIAN, IDAHO s^ SEAL , Meridian City Council �Iieedng DATE: May 2,2017 ffEffl NUMBER: 5 PROJECT NUMBER - ITEM TITLE: Future Meeting Topics o Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. MEETING NOTES Community Iters/Presentations Presenters Contact Info./Dotes CLERKS ®PEKE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: October 17, 2017 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic Meridian Cody CotrJlll" cH Meedng DATE- October 17, 2017 ITEM TITLE: HEPA MUNIME : 6A PROJECT HUMBER- ITEM UMBE — Approve Minutes of July 19, 2017 City Council Budget Workshop MEETING NOTES 0 Community Item/presentations Presenter Contact Info./Notes CLERKS OFFICE 1°IJVAL ACT101V SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ®ATE: E-MAILED TO STAFF Meridian City Council Budget Workshop July 19, 2017 Page 146 of 147 early years and Tammy even when she come on. I have got a couple years even on her now. But you guys -- you employees and directors and stuff present a -- such a good, open budget. I mean we never had to question a single thing, because you had it out there for us and you explain why you needed it and that means a lot when it comes to the budgetary items. But -- and, you know, it's -- it's good that some of these Council people have these good questions to ask, because it does keep us all on our toes. It makes even old guys like me thank you. Thank you guys again for everything. I appreciate it. De Weerd: Well, with that I would entertain a motion to adjourn. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT P.M. (AUD)- RE RDI ON ILE OF THESE PROCEEDINGS) DATE APPROVED e;� 01 �c�� Pied �� ATTE 0/ /7 ?9/ 7 C JAY C S, CITY CLERK DATE APPROVED �P�Ep AUG�/ST' QO �� O� Z City of �E IDIAN > W i SEAL �� Meridian Cagy cCouncH Meegong DATE: October 17, 2017 ffE Wq HWA ER., 6B PROJECT HUPvIBER- ITEM TITLE: Rainier Villas Sanitary Sewer and Water Main Easement MEETING NOTES Community Item/Presentations presenter Contact Info./Motes CLERKS OFFICE FllVAL AcCTIOX DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-099944 BOISE IDAHO Pgs=13 LISA BATT 10/19/2017 04:07 PM CITY OF MERIDIAN, IDAHO NO FEE 9��11:iil i "Ll of THIS INDENTURE, made this ' day ofi 20 il-between "jA) fhcic 4(, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: 1111110 111 11111 The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 any permanent structures, trees, brash, or perennial shnibs or flowers within the area described for this easement, which Awould interfere with the, use of said easement., for the purposes stated herein. THE. GRANTORS hereby covenant and agree with the Grantee that should any part of the aright -of -way and mementhereby grantedshall become part of, or lie within the boundaries of any public street. then, to such extent, such right-of-way and easement hereby granted, Which lies within such boundary thereof, or which, is a. part thereof, shall cease and become mill and void and of no further effect and shall be completely reline fished. THE GRANTORS do hereby covenant urith the Grantee that they are la%fWlv seized and .Possessed of the aforementioned and described tract of land, and that they have a good and la%%TW right to convey said easement, and that they will wrarrant and forever defend the title and quiet possession thereof against the la-*fW claims of all, persons whomsoever - IN VffTNESS WHEREOF, the said parties of the first part have hereunto stibscribed. their signatures the day and year first herein above written. GRANTOR: Manager 3023 E. Copperpoint Dr, Meridian ID 83642 Address secretary 8s, County of Ada, On this day of October 2417 ore , the undersigned�, a Notary be me Public. M' and for said Stat I et personally appeared Aaron B Elton Avid - k I nourn or identified to -me to bye the Manager respectively, of" the ECompany that executed the within instrPMeat, and admivledged to me that stich executed the same. INVITNESS W1=0F, T' have hereunto set mvhand and :affixed my official seal the day and year fist above written, Sanitary Sewer and Water Mom' Easement REXT. 0-9/15/16 lo -7 Approved By City Council On' 171 2 1 2'' STATE OF IDAHO, ) : SS. County of Ada. On this � -1 -day of 0 -- - 20_G before me, the undersigned., a Notary 'Public iftand for said$tate, personally appeared-T-ammydeIA' 'and C.Jay Coles, known to CoumG-Npc6&14nc tob.ethe -Mayor and CityClerki City of Meridian, Idaho, and who respect vely, of the executed. the. Within instrument-, andacknowledged 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. 1. baAknl Wm� NOTARY PUBLIC FOR Residing at: co)S(o472 Commission ExpiresS 0-0 a0- Saiiitary Sewer and Water Main Easement 7REV. 68/15/16 EXHIBITA DESCRIPTION FOR CITY OF MERIDIAN UTILITY EASEMENT RANIER VILLAS SUSIDIVISON A parcel of land located in the SE 1/4 of the NE 1/4 of Section 13, Ti3N., RAW., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the NW comer of said Trade Plaza Subdivision No. I as is filed in Book 102 at Pages 13,677 through 13,679, records of Ada County, Idaho; thence along the South boundary line of Troutner Park Subdivision No. 2 as is filed in Book 92 of Plats at Page 10,951 through 10,953, records of Ada County, Idaho South 89052'24" West, 91.26 feet; thence leaving said South boundary line South 00014'10" West, 19.15 feet to the REAL POINT OF BEGINNING; thence North 90*00'00" East, 22.98 feet; thence South 00*00'00" East, 5.00 feet, thence North 90*00'00" West, 23.00 feet; thence South 00014'10" West, 125.07 feet; thence South 89056'05" East, 54.06 feet; thence South 00°10'44" East, 131.24 feet; thence South 89'33'03' West, 20.00 feet; thence North 00°10'44" West, 111.42 feet; thence North 89056'05" West, 29.68 feet, thence South 00'00'00" East, 36.75 feet; thence North 90000'00" West, 4.00 feet thence North 00*00'00" East, 25.76 feet; thence North 89*56'05" West, 167.31 feet; thence South 00000'00" East, 27.29 feet; thence North 90*00'00" West, 4.00 feet; Page 1 of 5 thence North 00000'00" East, 38.29 feet; thence North 89057'10" West, 80,28 feet, thence South 00*OV00" East, 12.56 feet; thence South W519'14!' West, 62.25 feet, thence South OOPGO'OU' East, 28.38 feet; thence, North 89'55'33' West, 6.00 feet-, thence North 00*00'00" East, 26.37 feet; thence South 89'59'14" West, 32.33 feet; thence South OWOO'00" East, 28.67 feet, thence North 89'55'330 West, 6.00 feet, thence North 00"00'00" East, 28.66 feet; thence South 89"59'14" West, 182.86 feet, thence South OOTUOT East, 30.11 feet; thence North 89*56'33" West, 6,00 feet-, thence Noilh 00000'00' East, 30.10 feet; thence South 89"59'14" West, 20.92 feet; thence South OV0940'West, 103.81 feet, thence South 89°33'03" West, 20.00 feet: thence North 00"09'40" East, 54,,06 feet; thence North 90000'00" West, 18.50 feet thence North 00* 1902" East, 58.99 feet; thence North, 90°00'00" West, 23.32 feet, thence North 0000417" East, 6.00 feet, thence North 90000'00' East, 23-33 feet; thence North 00"I0'02" East, 124.46 feet; thence North, 90OOaOO" West, 23.19 feet, Page 2, of 5 thence North 00°04'27" East, 6.00 feet; thence Barth 90°00'00 East, 23.20 feet; thence North 00010'02" East; 31.36 feet, thence North 9WOVO0" gest, $8.97 feet; thence North 0000'00" East, 16.60 feet; thence North 9000`00" West, 39.17 feet; thence North 000000" East, 40.39: feet; thence South 89"W5`33" East, 6.00 feet; thence South 00°00'00" East, 34.38 feet; thence North 9000'00 East, 92.79 feet; thence North 00°07'36" West, 12.94 feet; thence North 90'00'00" East, 12.38 feet; thence South 0003887" East, 6.00 feet; thence North 90°00'00" East, 88.98 feet; thence North 0000'00"' East, 30.19 feet, thence South 69°88'33" East, 6,00 feet; thence South 000000" East, 30.18 feet; thence North 90000'00" East, 98.31 feet;, thence North 01 °07'57" East, 94.71 feet; thence South 8904245" East, 31.02 feet, thence South 0011'37" West, 55.33 feet; thence South 44012'20" West, 11.58 feet; thence South 00°5646" West, 30.88 feet thence South 8905646" East, 145.88 feet; thence North 000958" West, 28.26 feet; Page 3 of 5' thence North 89059'02" East, 4.00 feet; thence South 00T0'58" East, 28.27 feet, thence South 8905646" East, 25.35 feet; thence North 00"88'58" West, 28.30 feet, thence North 89059'02" East, 4.00 feet-, thence South, 00"00'68" East, 28.31 feet,* thence South 8V5646' East, 87.33 feet; thence North OQTM," East, 6.61 feet-, thence North 90000'00' East, 8.0(1 feet, thence South 00"00'00" East, 6.62 feet; thence South 89"56146' East, 97.69 feet; thence North 00"0900" East. 213.54 feet; thence North 0°00'00„ East, 4.00 feet; thence South 00"00'00" East, 44.62 feet; thence North 90*00'110" West, 17.46 feet thence South 00"14'10" West, 8.33 feet to a point on the South boundary line of said Troutner Park Subdivision No.2; thence continuing South 00"14'10" West, 19.16 feet; thence North 89*46150" West, 32.00 feet; thence South 00" 14, IQ' West, 104.35 feet; thence North 90*00'00" West, 27,27 feet; thence South 00000'00" East, 5.00 feet, thence North 90"00'00" East, 27.25 feet; thence South 0001410" West, 20,82 feet, thence North 89*5605" West, 10,62 feet; thence North 00000'00' East, 4.00 foet, Page 4 of 5 thence North 89"5006'West, S.00 feet; thence South 00°0 OU' 4.00 feet; thence North 89°56'05" West, 117.56 feet; thence North 89"57'10" West, 31.23 feet; thence South 89054'391 West, 368.07 feet, thence North 00"07'36!' West, 17.38 feet; thence North 90400'00" East, 24.32 feet; thence North 00'04'27" East, 6.00 feet; thence North 90'00'00" West, 24.34 feet; thence North OW07'36'West, 121.51 feat, thence North 89"58'3*' East, 171.94 feet; thence South 89*46611" East, 80.99 feet, thence South 00600'44' East, 24.79 feet, thence North 90"00'00" East, 4.00 feet; thence North 00000'00" East, 24.77 feet; thence South 89"45'60' East, 279.45 feet; thence South 00014'la'West, 12.91 feet; thence South 8V45!60!' East, 32.00 feet to the REAL POINT OF BEGINNING. Page 5 of 5 0 M TROUTNER PARK SUB. NO. 2 BLOCK 5 4 3' TROUTNER PARK SUB. NO. BLOCK POINT • CORNEROSUB. NO.1 312 S89 -5224"W F TRADE PLAZAUNPLATTED TROUTNER fy PARK SUBoCK 5 • /wollog l2m - CL W. lz ®/® /i ® ®/r �/ / ®®/. ® ' o � BLOCK I/ W. CORPORATE DR U MR IN IDAHO 1450 E.WATERTOWERST. �J SUITE 13D SURVEY MERIDA. IDAHO M2 `200,846.6.Si0- GROUP, P.C. 20 80 320' 0 40 160 640 SCALE: 1 >' = 160' SEE SHEET5 FOR LINE TABLE EXHIBIT DRAWING FOR x 7 77-03333 CITY OF MERIDIAN UTILITY EASEMENT SHEET NO. RAINIER VILLAS SUBDIVISION 1 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13. DWG. DATE T.3N.. R.M. B.M. MERIDIAN, ADA COUNTY, IDAHO 8/2/2017 3 2 N89'59'02"E TROUTNER PARK 4.00' SUB. NO. 2 SO'00'58"E BLOCK 4 28.31' N910"00'00"E 1 NO'00'00" E 8.00' 6.61' L15 �L1.3 1 1 589'55'46"E �S89'55`46"E ---- __---- S014'10"W� `~ L1 12.91' ,'/(11 �I 01' 27.27' 3'00"E 5.00' N89'57'10"W N89'56'0511W 117.56'- 0.28' 27.29' 4.00' O L20 N90'00'00"E 4.00' 1 S0'00'00"E 44.62' 1 UNPLATTED - I L17a ROPB N90'00'00"E POINT OF .22.98' COMMENCEMENT—NW SO'00'00"E CORNER OF TRADE 5.00' ( PLAZA SUB. NO.1 N90'00'00"W 0 23.00' I N 13j 1 r O GROUP, P.C. (208)M"90 O I Z 4 O (n d 1 N d U QJ O LZ-'t J✓ I S89'56'05"E 1 w m t 54.06'/ ?3 /'L22 NN�89 56 05"W � L� �.I,� N 9.68' S 167.31 I cn I� o f1 0 NO'00'00"E � �11A -��'. 25.76 �mN90'00'00"W" 4.00' -#' / /'iv I - _ 589'33 7729 20.00'; SEE SHEET 5 FOR LINE TABLE IDAHO 1450 E. WATERTOWER ST SURVEY SUITE 130 MERIDIAN, IDAHO 83642 GROUP, P.C. (208)M"90 d F -- I I J •' "\OQ�' 25 100 O F 0 5 50 150 G GP SCALE: 1 " 50' EXHIBIT *RDRAWING FOR roe ND. 17-033 CITY OF MERIDIAN UTILITY EASEMENT SHEET NC RAINIER VILLAS SUBDIVISION 2 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, DWG. DAT t3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 8/2/201; S89'42'45"E 31.02 a I h 3 'n4 3 2 I B) wl �i N89'59'02"E 5U l 4.00' S0'00'00"EoI NO'00'58"W 30.18'' zl > S44'12'20"1N 28.26' !�� J 11.58' Q4 I i� rI N N90100'00"E _ I _ S89'55'46"E 145.88' _ _ —L13 Sf 24.79' 10'00"E 4.00' 1 0 - - - - S89'54'39"W 368:0/ rte- - - - - - - - _J S89'59'14"W 182.86' - -- i L4 I AJ J I O NO'00'00"E 28.66' N89'55'33"W:/ 6,00' L NSF G,p� .c 7729 0 SEE SHEET 5 IPA FOR. LINE TABLE..TF of GARY G. C P� IDAHO 1460: E. WATERTOWER ST. J U R U EY MERIDIAN, IDAHO 83642 GROUP, P.C. (2D9,64B$570 24.77' 12. p S0'00'00" 28.38' -N89'55'3 6.00` M 25 ,00 05 50 150 SCALE: 1" 50' EXHIBIT 17 DRAWING FOR N0' 17-033 CITY OF MERIDIAN UTILITY EASEMENT SHEET NO. RAINIER VILLAS SUBDIVISION 3 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, DWG. DATE 13N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 8/2/2017 S89*55'33"E- 6.00' NO*00'00"E 40.39' N N90*00'00"W� 39.17' TROUTNER PARK SUB. NO. 2 BLOCK 5 S89*55'33"E )0'00"E 6.00' 12.38' NO'00'00"E SO -00'00"E 30.19' 'XA TQ' NO*07'36"W- 12.94' 90'00'00"E L9 23.20' 00 NO*04'27*'E—N\"— 6.00' .77-7 I N90'00'00"W-" EXHIBIT B- DRAWING FOR CITY OF MERIDIAN UTILITY EASEMENT RAINIER VILLAS SUBDIVISION 23.19' SHEET NO; 4 (208) 84"670 GROUP, P.C. LOCATED IN THE SE 'A OF THE NE 1/4 OF SECTION 13, cl LZIN., R.M., S.M. MERIDIAN, ADA COUNTY, IDAHO TROUTNER PARK SUB. BLOCK 5 c r N90*00'00"E--, 23.33' N0*04'27"E­N'\� 6.00' WALTMAN COURT SUB- 1 N90 -00-00"W BLOCK 1 w 23.32' 04 0 iv N90*00'00"E 101 24.34' NO*04'27"E 6.00' L27 0) L7 30.11' N89*55'33"W 6.00' O 18.50' p 0 to 0� ;u 01, 4/ 77 ZI JI)l 0 -� Q 01 Al 'O to -1 R Y " OF �P�� >S89*33'03"W.G.20.00' 25 100 05 50 150 SCALE: 1 50' 1 4 3 SO*00'00"E 30.18' 1 90100'00"E 7�T7 7ai�-11-17-1' 3'14"W 182.86' 1 01 a SEE SHEET 5 FOR LINE TABLE M IDAHO p WATERTOWER ST. SUITE 130 SATE; SURVEY MERIDIAN, IDAHO 83642 EXHIBIT B- DRAWING FOR CITY OF MERIDIAN UTILITY EASEMENT RAINIER VILLAS SUBDIVISION JOB NO. 17-033 SHEET NO; 4 (208) 84"670 GROUP, P.C. LOCATED IN THE SE 'A OF THE NE 1/4 OF SECTION 13, ON. DATE LZIN., R.M., S.M. MERIDIAN, ADA COUNTY, IDAHO 8/2/2017 LINE TABLE LINE :LINE TABLE BEARING' L2fi 20.82 LINE LENGTH BEARING: N89'56'05"W L23 4.00 NO'00'0�"E L1 19.15.. SO'14'10"W L25 4.00 S000'00"E L26 L2 36.75 Sd'00'00"E 24.32 N90 00'00"E L3 28.37 NO'00'00"E L4 32.33 589'59'14"W L5 28.67 SO'00'00"E L6 30.10 NO'00'00"E L7 20.92 S89'59'14"W 0"W L20 L8 31.36 NO'10'02"E L9 38.97 N90'00'00"W` L10 16.60 N0'00'00'E' L11 30.88 SO'S6'46"N! L12 28.27 SO'00'58"E L13 25.35 S89'55'46"E L14 28.30 NO'00'58"W 'L15 6.62 SO'00'00"E L16 28.54 NO'00'00"E L17 17.46 N90'00'00"W L18 8.33 SO`14'10"W L19 32.00 N89'45'5 iv ..SFO GAG tom.' 7 729 •pC�' F 0 F GORY G. C P 25 100 0 5 50 150' SCALE: 11' = 50' IDAHO EXHIBIT DRAWING FOR JOB NO. 17-03 17-033 1450 E. WATERTOWER ST. SURVEY MERIDIAN, IDAH083642 CITY OF MERIDIAN UTILITY RAINIER VILLAS EASEMENT SUBDIVISION SHEET NO. 5 (208)846-8670 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, t3N., RAW., S.M. MERIDIAN, ADA COUNTY, IDAHO DWG. DATE 8/2/2017 GROUP, P.C. LINE TABLE LINE LENGTH BEARING' L2fi 20.82 SO'14'10"W L22 10:62 N89'56'05"W L23 4.00 NO'00'0�"E L24 8.00 N89'S6'05"W L25 4.00 S000'00"E L26 17.38 NO'07'36"W L27 24.32 N90 00'00"E 0"W L20 27.25 N90"00'00"E LINE TABLE LINE LENGTH BEARING' L2fi 20.82 SO'14'10"W L22 10:62 N89'56'05"W L23 4.00 NO'00'0�"E L24 8.00 N89'S6'05"W L25 4.00 S000'00"E L26 17.38 NO'07'36"W L27 24.32 N90 00'00"E any permanent structures, trees, brush, or perennial shnibs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Granteethat should any part of the right-of-way and easement herebyg�trted shall become part of or lie within the boundaries of any public street, then, to such extent, such right-ofw ay and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be coriipletely relinquished. THE GR..41\TTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lan,ful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the law f d claims of all persons whomsoever. IN WITNESS WHEREOF, the ,said parties of the fust part have hereunto subscribed their signatures the day and year first herein above written_ GRANTOR 44— <� Manager 3023 E. Copperpoint Dr, Meridian ID 83642 Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On this j day of October 2017 -before me, the. undersigned, a Notary Public in and for said State, personally appeared Aaron B Elton , known or identified to me to be the Manager respectively, of the iCompany that executed the within instrument; and acknoildedged to nae that saici, executed the sante. IN WITNESS'J'=OF, I have hereunto set nay hand and affixed my official seal the day and year fiat above xritten. , � �' lzz'� �/e � " — 4Re(' TARY PUBLIC' FOR ]IDAHO siiF%j conui Sanitary Sewer and water Main Easement REV. 0&'15!16 CITY Off' ME DIAN 3►Puy— ramty pffAJO' zd:�� Atist by &Jay Co , City Clerk �PZED AU'G ST O ow _ (11N, of �E IDIAN IDAHO SEAL/ Approved By City Council On: 14) / 1-71 l;� r 7 STATE OF IDAHO, ) . ss. County of Ada On this � - day of O c -}f) bec , 20 1 —1 before me, the undersigned, a Notary Public in and for said State, personally appeared b-erd and C.Jay Coles, known to �ieI 4 h �� C o� CAu�G� po66 m- e 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. ��•• : NOTARY] FOR O Residing at: c)3 (4-Z • Le. Commission ExpiresS A'S aO a • ••.� OF � •� Sanitary Sewer and Water Main Easement REV. 08/15/16 EXHIBIT A DESCRIPTION FOR CITY OF MERIDIAN UTILITY EASEMENT RANIER VILLAS SUBIDIVISON A parcel of land located in the SE 1/4 of the NE 1/4 of Section 13, T.3N., RAW., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the NW corner of said Trade Plaza Subdivision No. 1 as is filed in Book 102 at Pages 13,677 through 13,679, records of Ada County, Idaho; thence along the South boundary line of Troutner Park Subdivision No. 2 as is filed in Book 92 of Plats at Page 10,951 through 10,953, records of Ada County, Idaho South 89°52'24" West, 91.26 feet; thence leaving said South boundary line South 00014'10" West, 19.15 feet to the REAL POINT OF BEGINNING; thence North 90000'00" East, 22.98 feet; thence South 00000'00" East, 5.00 feet; thence North 90000'00" West, 23.00 feet; thence South 00014'10" West, 125.07 feet; thence South 89056'05" East, 54.06 feet; thence South 00°10'44" East, 131.24 feet; thence South 89033'03" West, 20.00 feet; thence North 00°10'44" West, 111.42 feet; thence North 89056'05" West, 29.68 feet; thence South 00000'00" East, 36.75 feet; thence North 90000'00" West, 4.00 feet; thence North 00000'00" East, 25.76 feet; thence North 89°56'05" West, 167.31 feet; thence South 00000'00" East, 27.29 feet; thence North 90000'00" West, 4.00 feet; Page Z of 5 thence North 00000'00" East, 38.29 feet; thence North 89°57'10" West, 80.28 feet; thence South 00000'00" East, 12.56 feet; thence South 89059'14" West, 62.25 feet; thence South 00°00'00" East, 28.38 feet; thence North 89055'33" West, 6.00 feet; thence North 00000'00" East, 28.37 feet; thence South 89°59'14" West, 32.33 feet; thence South 00000'00" East, 28.67 feet; thence North 89°55'33" West, 6.00 feet; thence North 00°00'00" East, 28.66 feet; thence South 89059'14" West, 182.86 feet; thence South 00000'00" East, 30.11 feet; thence North 8905533" West, 6.00 feet; thence North 00000'00" East, 30.10 feet; thence South 89059'14" West, 20.92 feet; thence South 00°09'40" West, 103.81 feet; thence South 89033'03" West, 20.00 feet; thence North 00009'40" East, 54.06 feet; thence North 90000'00" West, 18.50 feet; thence North 00010'02" East, 58.99 feet; thence North 90000'00" West, 23.32 feet; thence North 00004'27" East, 6.00 feet; thence North 90000'00" East, 23.33 feet; thence North 00010'02" East, 124.46 feet; thence North 90°00'00" West, 23.19 feet; Page 2 of 5 thence North 00004'27" East, 6.00 feet; thence North 90000'00" East, 23.20 feet; thence North 00010'02" East, 31.36 feet; thence North 90000'00" West, 38.97 feet; thence North 00000'00" East, 16.60 feet; thence North 90000'00" West, 39.17 feet; thence North 00000'00" East, 40.39 feet; thence South 89055'33" East, 6.00 feet; thence South 00000'00" East, 34.38 feet; thence North 90000'00" East, 92.79 feet; thence North 00007'36" West, 12.94 feet; thence North 90000'00" East, 12.38 feet; thence South 00°38'57" East, 6.00 feet; thence North 90000'00" East, 85.96 feet; thence North 00°00'00" East, 30.19 feet; thence South 89055'33" East, 6.00 feet; thence South 00000'00" East, 30.18 feet; thence North 90000'00" East, 98.31 feet; thence North 01007'57" East, 94.71 feet; thence South 89042'45" East, 31.02 feet; thence South 00°11'37" West, 55.33 feet; thence South 44°12'20" West, 11.58 feet; thence South 0005646" West, 30.88 feet; thence South 89055'46" East, 145.88 feet; thence North 00000'58" West, 28.26 feet; Page 3 of 5 thence North 89059'02" East, 4.00 feet; thence South 00°00'58" East, 28.27 feet; thence South 89055'46" East, 25.35 feet; thence North 00000'58" West, 28.30 feet; thence North 89°59'02" East, 4.00 feet; thence South 00000'58" East, 28.31 feet; thence South 89055'46" East, 87.33 feet; thence North 00000'00" East, 6.61 feet; thence North 90000'00" East, 8.00 feet; thence South 00000'00" East, 6.62 feet; thence South 8905546" East, 97.59 feet; thence North 00°00'00" East, 28.54 feet; thence North 90000'00" East, 4.00 feet; thence South 00000'00" East, 44.62 feet; thence North 90000'00" West, 17.46 feet; thence South 00014'10" West, 8.33 feet to a point on the South boundary line of said Troutner Park Subdivision No.2; thence continuing South 00014'10" West, 19.15 feet; thence North 89045'50" West, 32.00 feet; thence South 00°14'10" West, 104.35 feet; thence North 90000'00" West, 27.27 feet; thence South 00000'00" East, 5.00 feet; thence North 90000'00" East, 27.25 feet; thence South 00014'10" West, 20.82 feet; thence North 89056'05" West, 10.62 feet; thence North 00000'00" East, 4.00 feet; Page 4 of 5 thence North 89°56'05" West, 8.00 feet; thence South 00000'00" East, 4.00 feet; thence North 89°56'05" West, 117.56 feet; thence North 89057'10" West, 31.23 feet; thence South 89054'39" West, 368.07 feet; thence North 00007'36" West, 17.38 feet; thence North 90000'00" East, 24.32 feet; thence North 00004'27" East, 6.00 feet; thence North 90000'00" West, 24.34 feet; thence North 00°0736" West, 121.51 feet; thence North 89°5834" East, 171.94 feet; thence South 89045'50" East, 80.99 feet; thence South 00000'00" East, 24.79 feet; thence North 90000'00" East, 4.00 feet; thence North 00000'00" East, 24.77 feet; thence South 89045'50" East, 279.45 feet; thence South 00014'10" West, 12.91 feet; thence South 89045'50" East, 32.00 feet to the REAL POINT OF BEGINNING. 7729 �ov 00 RYG. C - Page 5 of 5 w Q 0 M 3 TROUTNER PARK SUB. NO. 2 BLOCK 5 ool TROUTNER elmo PARK : i/ WALTMAN COURT cSUBA o BLOCK 1 1 4 0 13 TROUTNER PARK SUB, NO. 2 BLOCK 4 POINT OF - COMMENCEMENT -NW CORNER OF TRADE PLAZA a SUB. NO.1 312 S89'52'24'W o a 91.26' UNPLATTED G SO'14'10"W Q BLOCK 1 ROPB Q W C6 O b Y//i o Q D m W. CORPORATE DR. _ - - - - - - j F A�Gp sFo sG�G /o 7729 J L N�-� 6I111�-s F CG 20 80 320 0 40 160 640 SCALE: 1 " = 160' SEE SHEET 5 FOR LINE TABLE IDAHO EXHIBIT _ DRAWING FOR JOB ND. 17-033 450 E. WATERTOWER ST. CITY OF MERIDIAN UTILITY EASEMENT SHEET NO. SURVEY SUITE MERIDIANIDIAN. IDAHO 83642 RAINIER VILLAS SUBDIVISION 1 GROUP, P.C. `206'646.650 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, DWG. DATE T.3N,. R.M. B.M. MERIDIAN, ADA COUNTY, IDAHO 8/2/2017 3 2 N89'59'02"E 4.00' 8O'00'58"E 28,31' NO'00'00"E 6.61' 1L13 � S89'55'46"E 87.337- - 9.45' - - - - - - - TROUTNER PARK SUB. NO. 2 BLOCK 4 N90'00'00"E N90'00'00"E 4.00' 8.00' 0SO'00'00"E L15 �_ � 44.62' S89'5_5'46"E JI I UNPLATTED - - - 97.59'77- - I L18L17a ROPB SO'14'10"W 12.91' N 90'00' 00"W 27.27' SO'00'00"E 5.00' ---- --- ---- --N90'00'00 E POINT OF ], 22.98' J�SO'00'00"E COMMENCEMENT -NW CORNER OF TRADE 5.00' PLAZA SUB. NO.1 N90'00'00"W I 1 1 0 023.00' 3 .- I I I I L20 - vI � I L25 L24 N89'57'10"W N89'56'05"W -� I S89'56'05"E I J __ _ 31.23' 117.56' J54.06'% //L23 L22 //N�89 56 05"W 80.28' i N 9.68' � I I N89, 56 05 W 167.31 J I N z IQ 'E i� SO'00'00"E 40 I o f Io I O 29' 27.29' NO'00'00' E 7O I I N90'00'00"W 25.76' I Im 4.00' N90'00'00"W 4.00' NI I I I -- -- -- - , NSFo-- c� S89'33'03"W- - - Q ` 7729 20.00' N� 0 FOR LINESEE TABLE cT 5��cpRY F G � 0 5 z5 50 100 G. IDAHO 1450 E, WATERTOWER ST I'. SURVEY MER D AN, IDAHO 63642 GROUP, P.C. (208) 646-8570 SCALE: 1 " = 50' EXHIBIT R DRAWING FOR CITY OF MERIDIAN UTILITY EASEMENT RAINIER VILLAS SUBDIVISION LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO O z C6 Q N Y Q U Lj m 0 Q Of F- Ul JjL 150 17-033 2 DWG. DATE B/2/2017 S89'42'45"E P---- - 31.02' r;+. 4 3 3 2 0)/ I I u7 '1J 'oi N89'59'02"E O5 �� 4.00' SO'00'00"E 01 NO'00'58"W 1 30.18' zi Q S44'12'20"W 28.26' 1 Ii 1Q J 11.58' O I Ir jI - N -- �9000'00"E /T S89'55'46"E 145.88' _L13� N _ Si 9_8.317- - - -- - - - - - - - _ U) S89'45'50" .94' 80.99' 0 S89'45'50"E 279.45' 1 SO'00 00 E 24.79' NO'00'00"E 24.77' N90'00'00"E 4.00' 1 O BLOCK 1 I S89'54'39"W 368.07' N89'57'10"W �---------------------3 dv° S89'59'14"W N89 5710 W 80.28 1 .�� S89'59'1 4"W 182.86' 1 L4 j 62.25' SO'00'00' E I J Irl I 1 1 12.56' J 1 O NO'00'00'E O NO'00'00"E a 38.29' J L 28.66' SO'00'00"E 28.38' 6.000' N89'55'3 0N89'55'33"W ' 6.00' SEE SHEET 5 FOR LINE TABLE NSFO SGS 7 729 \CRY G I F IDAHO 1450 E. WATERTOW ER ST SUITE 130 SURVEY MERIDIAN, IDAH08.2 (208) 846$570 GROUP, P.C. 25 100 05 50 150 SCALE: 1 " = 50' EXHIBIT 1Y2 DRAWING FOR CITY OF MERIDIAN UTILITY EASEMENT RAINIER VILLAS SUBDIVISION LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 17-033 8/2/2017 I TROUTNER PARK SUB. NO. 2 4 3 BLOCK 5 S89'55'33"E S89'55'33"E N90'00'00"E 6.00' 6.00' O12 '"38 ' _ — NO'0.0'00"E � — S—O'00' 00"E i�SO'0000E 30.19' 30.18' NO'00'00"1, 34.38' i' SO'3857E 40.39NO'07'36 12.94W 6.00' N90_00'00"E 90'00'0 0 "EO — N900000E-92.79_ 98.31' L 01 - N90 00 00 W L9 I N89'58'34"E 171.94' 39.17' N90'00 00"E 23.20' DO NO'04'20 6.000' ���� / /Iz ' N90'00'00"W' I 23.19' I O I 9 � I (DV I O I Nr I r'r TROUTNER PARK SUB. wr BLOCK 5 or I �I N90'00'00"E—\ Z� 23.33' � NO'04'27"E 1, I 6.00'- 7-I WALTMAN COURT SUB. BLOCK 1 O I Ip Ip Iv IW IC� I:� �� 10 I, I (,R 1� i N90'00'00"W 24.34' NO'04'27"E 7-I-rf-6.00' N L27 i� N90'00'00"W—I-1 Ld 23.32' o I °' I' O o lad la0 r" I uo ri Jv N o ` NS FO sG�` 7 729 J cN���3�i''P� �- � � �PF�oRY G c 25 100 05 50 SCALE: 1 " = 50' ►' IDAHO ISCC�/ 1450 E. WATERTOWER ST. SSUITE 130URVEY 1 MERDAN, IDAHO 83842 GROUP, P.C. `208)846.8570 z I I� Ip I N90'00'00' W o 18.50' �j0 0 z �/ 7////// _1�fll7l 77 L7 S89'59'14"W 182.86'6' r� SO'00'00"E 30.11' O N89'55'33"W 6.00' O S89'33'03"W. 20.00' 150 SEE SHEET 5 FOR LINE TABLE EXHIBIT Z- DRAWING FOR toe No. 17-033 CITY OF MERIDIAN UTILITY EASEMENT SHEET NO. RAINIER VILLAS SUBDIVISION 4 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, DWG. DATE UN., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 8/2/2017 LINE TABLE LINE LENGTH BEARING L1 19.15 SO'14'10"W L2 36.75 SO'00'00"E L3 28.37 NO'00'00"E L4 32.33 S89'59'1 4"W L5 28.67 SO'00'00"E L6 30.10 NO'00'00"E L7 20.92 S89'59'14"W L8 31.36 NO'10'02"E L9 38.97 N90'00'00"W L10 16.60 NO'00'00"E L11 30.88 SO'56'46"W L12 28.27 SO'00'58"E L13 25.35 S89'55'46"E L14 28.30 NO -00'58"W L15 6.62 SO'00'00"E L16 28.54 NO'00'00"E L17 17.46 N90'00'00"W L18 8.33 S014'10"W L19 32.00 N89'45'50"W L20 27.25 N90'00'00"E iv LINE TABLE LINE LENGTH BEARING L21 20.82 S014'10"W L22 10.62 N89'56'05"W L23 4.00 NO'00'00"E L24 8.00 N89'56'05"W L25 4.00 SO'00'00"E L26 17.38 NO'07'36"W L27 24.32 N90'00'00"E SFS 7729 OF cp�c RY G 25 100 _ 1 05 50 150 SCALE: 1 " = 50' ,► IDAHO EXHIBIT 1 -.JOB FOR 108 NO. 17-033 1450 E. WATERTOWER ST. CITY OF MERIDIAN UTILITY EASEMENT SHEET NO. ' SURVEY SUITE 130 MERIDIAN, IDAHO 83642 RAINIER VILLAS SUBDIVISION 5 GROUP P.C. (206) 846-11570 DWG. DATE LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO 9/2/2017 Meridian City C ©uncH Meeting DATE- October 17, 2017 ffEVVI NU VV rER. 6C PROJECT NUMBER' ITEM TITLE: Sagewood Subdivision Sanitary Sewer and Water Main Easement MEETING NOTES Community Item/P rose Intations presenter Contact Wo./Notes CLERKS OFFICE FINAL ACTION ION ®ATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-099210 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/18/2017 03:31 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT. THIS INDENTURE, made. this � l � day of OCiCtLC , 2017, between Russell D. Hunemiller and Dirk Marcum, the parties of the first pant, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part; and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the. premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The. easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities; together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times.. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. Sagewood Offices Sewer .& Water Main Easement IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Sagewood Offices Sewer & Water Main Easement 2 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTORS: f Russell D. Hunemiller Dirk Marcum 3307 W. Davis Lane Meridian, ID 83642 STATE OF IDAHO ) ss. County of &c`. ) 1735 S. Millennium Way Meridian, ID 83642 On this day of UcA-Dy" , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Russell D. Hunemiller, known or identified to me to be person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ••,��� r u u rU4h •• � M. ST 'a .�wti •,,...°°,,apo••,,, NO ARY PUBLIC FOR IDAHO z Residing at: `moo sk •'. 'PUBLIC .' My Commission Expires: ,,••y�rOFo sill„9P •••. Sagewood Offices Sewer & Water Main Easement STATE OF IDAHO ) 6" County of - AA&-- ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Dirk Marcum, known or identified to me to be person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. EAL�'j• ® NO ARY PUBLIC FOR IDAHO AU C •O •. Z Residing at: B Lt �'•., J'••••.••���..�P,2..•` My Commission Expires: co D;7 Sagewood Offices Sewer & Water Main Easement 4 GRANTEE: CITY OF MERIDIAN Jay Coles, City Clerk Approved by City Council on:I C o / l -71 -�O/ 7 STATE OF IDAHO j ss. County of Ada AUG'/ O� IDIAN W \-ti SEAL )' On this n,,,, day of O.� , 2017,, before me, the undersigned, a Notary �ju�blic�, n i for said State; personally appeared and C. Jay Coles, known to i� 6+h ( bOLX0 1 friePto deet-e-MaM 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. (s rp NOTARY PUBLIC FOR MAO Residing at: `n .4J A664 1 • My Commission Expires: %1 Sagewood Offices Sewer & Water Main Easement 14 13 BASIS OF BEARING _ _ _S 89'07'22" E 2655.69' W. OVERLAND ROAD 23 24��— .. — — —— Z �I SCALE 1 "=100' s zg EASEMENT A" PORTION OF EXISTING CITY OF MERIDIAN SEWER & WATER EASEMENT INSTRUMENT NO. 2016-028668 W. FLOWER GARDEN ST. 13 1/4 24 0 SOOD SUBDNISION LINE BEARING IN TABLE UNE POINT OF MUNN/NG S 89'00'00" E L3}/f�� AJ L7 i L5 — — I�rL� N 01'00'00" E r L8 ——Jrrr1719 SF S 89'00'00" E L11 o�CL7 L9 L4 S 01'00'00" W L9 L10 LOT 1 CD (BLOCK 2 Q L6 0 0 26.00' SOOD SUBDNISION LINE BEARING LINE DISTANCE TABLE UNE L1 S 89'00'00" E 57.05' L7 L2 N 01'00'00" E 28.33' L8 L3 S 89'00'00" E 24.77' L9 L4 S 01'00'00" W 28.33' L10 L5 S 89'00'00" E 13.18' Lll L6 S 01'00'00" W 26.00' L12 DWG.DATE 10/05/17 PROJ. NO. 160805 SHEET 1 OF 1 MERIDIAN CITY SANITARY SEWER NCINEERING AND WATER EASEMENT E LOT 1, BLOCK 2 50LUTIONS SAGEWOOD SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 24 1029 N. ROSARIO ST., STE. 100 T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 LA AfD `ONp,L y ,AL C 51ST£ BEARING DISTANCE N 89'00'00" W 17.95' O S 01'00'00" W 28.33' a 1 1 1 18 N 89'00'00"20.00' " W N 01'00'00 E 28.33' N O ►blU1 r1 �� _ � N 89'00'00" W 57.05' 9 P OF tirON N 01'00'00" E 26.00' W . NQ�� MERIDIAN CITY SANITARY SEWER NCINEERING AND WATER EASEMENT E LOT 1, BLOCK 2 50LUTIONS SAGEWOOD SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 24 1029 N. ROSARIO ST., STE. 100 T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 EXHIBIT B October 5, 2017 DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENT LOT 1, BLOCK 2, SAGEWOOD SUBDIVISION An easement located in the NW 1/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 83°03'46" East, 1747.19 feet to the northeast corner of that portion described as "Easement A" of an existing Meridian City Sanitary Sewer and Water easement recorded as Instrument No. 2016-028668, records of Ada County, Idaho, said point being the POINT OF BEGINNING; Thence South 89°00'00" East, 57.05 feet; Thence North 01°00'00" East, 28.33 feet; Thence South 89°00'00" East, 24.77 feet; Thence South 01°00'00" West, 28.33 feet; Thence South 89°00'00" East, 13.18 feet; Thence South 01°00'00" West, 26.00 feet; Thence North 89°00'00" West, 17.95 feet; Thence South 01°00'00" West, 28.33 feet; Thence North 89°00'00" West, 20.00 feet; Thence North 01°00'00" East, 28.33 feet; Thence North 89°00'00" West, 57.05 feet; Thence North 01'00'00" East, 26.00 feet to the POINT OF BEGINNING. Containing 3,739 SF, more or less. \o XNL LA /V S \ S T R GAG 11118 X �A i o (oS(l 1 s _ OF ALT 0IV W NPS 160805-meridease.docx Meridien C h y CouncH Meeting DATE: May 2,2017 ffERl HUMBSE-Ro 6D PROJrGT NUMBER - ITEM TITLE: Gramercy Subdivision No. 1 Water Line Easement MEETING NOTES Communiity Iiem/Presentatio s Presenter Contact Wo./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF ADA COUNTY RECORDER Christopher D. Rich 2017-099209 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:28 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this ay of 06; 20 Ietween LLQ the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 08/15/1`6.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAwr.,zlei Rye 11 Z $residl Secretary - 17i ° 5 We, /I t �I (; uti r1lD� 19a;e/ �f, 3� �%2 Address STATE OF IDAHO ) : ss. County of Ada ) On this J day of 20, before me, the undersigned, a Notary Public in and for said State, personally appeared S w - known or identifi&8 to me to be th ent a4- respectively, of the corporation that executed the within inst e 5itThd acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL �.�' '••,� '.� Water Main EasQ�ety •,�� ` �,9 hE 00 p • ii L 1:1Ai '� OTARY PUBLIC FOR IDAHO Residing at: Commission Expires: LQ M REV. 08/15/16.doe GRANTEE: CIT., OF ERI N tammy r Cpu nl PcefAR� Attest by C.Jay Coles, City Clerk Approved By City Council On: l of l 7 l7 STATE OF IDAHO, ) : ss County of Ada ) AUGL- o�., - , `.11 z cay „s �E IDIAN > On this 1-11" day of 0ckbec , 20 1-1 , before me, the undersigned, a Notary P��b ^^lic in and for said State, personally appeared and C.JayColes, known KP -Ah Mrd LOun e 1 � P( Met be the Mayer and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUMQA FOR ID O Residing at: an Commission Expires: A' •,- iOck - Water Main Easement REV. 08/15/16.doc Exhibit A Description For CITY OF MERIDIAN WATER LINE EASEMENT A utility easement located in Lot 2, Block 3 of Gramercy Subdivision No. 1 as file in Book 99 of Plats at Pages 12,619 through 12,622 located in the W 1/2 of the NE 1/4 of Section 20, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the SE corner of said Lot 2; thence along the East boundary line of said Lot 2 North 00013'58" West, 111.79 feet; thence leaving said East boundary line South 89°46'02"West, 21.00 feet to the REAL POINT OF BEGINNING; thence continuing South 89°46'02" West, 50.00 feet; thence North 00°13'58" West, 20.00 feet; thence North 89046'02" East, 27.00 feet; thence North 00013'58" West, 13.50 feet; thence North 89°46'02" East, 23.00 feet; thence South 00013'58" East, 33.50 feet to the REAL POINT OF BEGINNING. 7729 6 15/1 G'Of,oA� G. GP Page I of I i PRIVATE DRIVEWAY & UTILITY EASEMENT \ I 21.0' 1 I � r N89'46'02"E N0'13'58"W r 23.00' N 13.50'�� .o iv _ CA o N 89'46'02"E �' I �w i o 27.00 Cil � �00 N / C4 `L W U� I(A 0 ori o 1-p� zS89 -46'02"W to [� S89 46 02 W 50.00 21.00' I � I � I �I CRAMERCY SUBDIVISION N0, 1 BLOCK 3 I �1 I dv JL 7C 2 10 40 0 S 20 60 SCALE: 1 " = 20' ,. EXHIBIT, MS JOB NO. , IDAHO 1450E.W ATERTOWER ST tf CITY OF MERIDIAN WATER LINE EASEMENT SHEEETET N N0. SURE ,3o tv MERIDIAN, IDAHO 83642 ' rf SURVEY LOT 2, BLOCK 3 GRAMERECY SUB. NO. 1 1 (209) 84e-8170 GROUP, LLC LOCATED IN THE W 1/2 OF THE NE 1/4 OF SECTION 20, T.3N., R.1E., B.M., DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 10/3/2017 Meridian City Council Meeting DATE- October 17, 2017 ITEM NUMBER. 6E PROJECT HWV B CSR - ITEM TITLE: Black Cat Trunk Sewer Easement For Citadel Storage on Amity MEETING NOTES u 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 2017-099208 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/18/2017 03:28 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENDTURE, made this 2--7 day of -S6-Pkrnb1,K,- 2017 between SKYLINE BOISE, L.L.C., an Idaho limited liability company ("GRANTOR"), and the City of Meridian, Ada County, Idaho ("GRANTEE"); WITNESSETH: WHEREAS, GRANTOR will allow an underground sanitary sewer line to be installed underneath and across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line will be an underground pipeline to be constructed by GRANTEE; and WHEREAS, it will be necessary for GRANTEE to maintain and service said underground sewer pipeline from time to time; NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and for other good and valuable consideration, GRANTOR does hereby grant unto GRANTEE the following nonexclusive sanitary sewer easement on and under the following described property to provide for the installation, maintenance and service of an underground sanitary sewer line ("Sanitary Sewer Easement"): 4,1 The Sanitary Sewer Easement hereby granted is for the purpose of construction and operation of an underground sewer line and allied sewer facilities, together with their maintenance, repair and replacement. Any allied sewer facilities installed within the Sanitary Sewer Easement shall be subterranean, shall be no more than 3 inches above the surface and shall not cover more than 3 square feet of surface area. The Sanitary Sewer Easement shall include the right of ingress and egress along the route of the Sanitary Sewer Easement for repair and replacement of the underground sewer line. For ordinary inspections, maintenance and repairs, GRANTEE will access the Sanitary Sewer Easement through alternative access provided by GRANTEE through the primary entrance and drive aisles of GRANTOR's adjacent lands. GRANTOR hereby reserves the right to relocate the alternate access at any time upon providing at least one hundred and twenty (120) days' prior written notice to GRANTEE. GRANTEE hereby agrees to indemnify GRANTOR from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from GRANTEE exercising the rights granted by GRANTOR herein. GRANTEE shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability SANITARY SEWER EASEMENT- I 13851932-3 [12094-431 insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. GRANTEE shall, and shall require its construction contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to exercising any rights granted herein. GRANTEE shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of GRANTEE that may be secured by any mechanic's or materialman's liens against any interest in GRANTOR's property, and shall promptly cause any liens that do attach to be discharged or bonded. GRANTOR hereby covenants and agrees that, except as provided herein, it will not place or allow to be placed any permanent structures in the Sanitary Sewer Easement. GRANTOR may place fencing and paving, and may plant trees and perennial shrubs within the Sanitary Sewer Easement, but GRANTOR shall remove the same at GRANTOR's expense if requested by GRANTEE for GRANTEE to conduct repair or replacement activities in the Sanitary Sewer Easement. GRANTOR will, at GRANTOR's expense, remove any trees or shrubs in the Sanitary Sewer Easement upon GRANTEE's request if GRANTEE determines that such trees or shrubs pose a material risk of damage to the underground sewer line or allied sewer facilities. GRANTEE agrees that this Sanitary Sewer Easement is nonexclusive and may be used for any purpose not inconsistent with the rights conveyed to GRANTEE hereunder. Specifically, GRANTEE agrees that GRANTOR contemplates using, or allowing GRANTEE or others to use, some or all of the Sanitary Sewer Easement for other utility infrastructure (including the specifically contemplated water pipeline and allied facilities), and GRANTEE agrees that such uses are not inconsistent with GRANTEE's rights hereunder. GRANTEE agrees to design and install all of GRANTEE's improvements in the Sanitary Sewer Easement in a manner that will allow other utility infrastructure to be co -located therein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, except as provided herein, that GRANTOR shall be solely responsible for the repair and maintenance of the surface of the easement area. After installing, making repairs, and performing maintenance and replacements to the sanitary sewer line, GRANTEE shall repair and restore the area of the Sanitary Sewer Easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring any permanent structures, trees or large perennial shrubs that GRANTOR has placed within the easement area in violation of this agreement. GRANTOR hereby covenants and agrees with GRANTEE that should any part of the Sanitary Sewer Easement hereby granted become part of, or lie within the boundaries of any public street, or public pathway, then the part of the Sanitary Sewer Easement 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. GRANTOR recognizes GRANTEE's need for occasional and emergency maintenance activities to the sewer line and associated allied sewer facilities. In the event stored items encumber GRANTEEs access to the sanitary sewer and sewer manholes GRANTOR shall promptly move said items to allow utilization to GRANTEE of the Sanitary Sewer Easement. SANITARY SEWER EASEMENT - 2 13851932-3 [12094-431 GRANTOR does hereby covenant with 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 grant said Sanitary Sewer Easement. The Sanitary Sewer Easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. In the event Grantee fails to achieve substantial completion of the installation of the underground sanitary sewer pipeline on or before August 15,2018, Grantor may terminate the Sanitary Sewer Easement. In the event of such termination, no further Building Permits shall be issued and no Certificates of Occupancy shall be issued for the Premises until the Parties have mutually agreed on a new location for the underground sanitary sewer pipeline, to be set forth in a replacement easement. The easement requirement of the March 15, 2016 Development Agreement between the Parties can only be waived through City of Meridian's Development Agreement Modification procedure, and Grantor's termination of this easement without the Parties' agreement on a replacement shall constitute default under the Development Agreement. [Remainder- ofpage intentionally left blank; counterpart signature pages follow] SANITARY SEWER EASEMENT - 3 13851932-3 (12094-43] IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR BOISE SKYLINE L.L.C., an Idaho limited liability company By: Amy Kelley, ager Zy Address: PO Box 546 Meridian, Idaho 83680 STATE OF IDAHO ) ss. County of Ada On this Z-1 day of S2, of , 2017, before me, the undersigned, a Notary Public in and for said State, persona ly appeared Amy Kelley, known or identified to me to be an Manager of Boise Skyline, L.L.C., the limited liability company that executed the within instrument, and acknowledged to me that the limited liability 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. (SEAL) STEPHANIE D. MEYER NOTARY PUBLIC STATE OF IDAHO SANITARY SEWER EASEMENT - 4 13851932-1112094-43) AJii� ' NO ARY PUBLIC FOR IDAIlb Residing at: A,)(/, (�UUIiL Commission Expires: Z3 GRANTEE CITY OF ERTDI N Att68t by C. y Coles, City Clerk Approved By City Council On: c / o STATE OF IDAHO ss County of Ada ) �EIDIAN�-- IDAHO SEAL y/ On this I day of 0C4C bPW— , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared T- m� and C. Jay Coles, known to me to be KLi� CO�InG i PCE��ayar 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. • • •••even..@*.•... 0E- . O �•• `SATE U� .•� SANITARY SEWER EASEMENT - 5 13151932-1(1209443) OvAhn b-) NOTARY PUB I FOR IDAH Residing at: oAcan —T -L Commission Expires: 3 -,RR •.'� o a a f— (CJ'V'B , J•U-6 ENGINEERS, INC. j -U -B COMPANIES®ITHE GATEWAY GnPONIINC. ti I MAPPING GROU EXHIBIT A Sanitary Sewer Easement Citadel Boundary Description Project Number 10-15-116 September 19, 2017 An easement situated in in Government Lot 1 of Section 31, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°20'31"E, 787.07 feet along the north line of the Government Lot 1; Thence S00°39'29"E, 25.00 feet to the southerly right-of-way line of E. Amity Road, the POINT OF BEGINNING: Thence N89°2031"E, 55.88 feet along the southerly right-of-way line of E. Amity Road; Thence S56°52'25"W, 181.95 feet; Thence S00°36'51"W, 609.36 feet to the south boundary of Parcel A of Record of Survey 9941 and Warranty Deed 2015-103522, records of Ada County, Idaho; Thence N89°22'32"W, 40.00 feet along the south boundary of Parcel A; Thence N00°3651"E, 618.72 feet; Thence N56°5225"E, 162.87 feet to the POINT OF BEGINNING. The above-described easement contains 0.68 acres, more or less. Prepared from information of record. Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 .f 208-323-9336 w www.jUb.com z z 36F31 36 rn z to M EXHIBIT Point of Beginning Sanitary Sewer Easement & Temporary Construction Easement 1 E. Amity Rd. Point of Beginning Temporary Construction N89'20'31"E 787.07' Easement 3 Point of Beginning Temporary Construction Easement 2 \ _\ _ ^L9 \ / L2 / �L10 Temporary '� /� '-Ob( Temporary Construction-- \ �S j ter -L13 Construction Easement 1 ; 0000j � \ Easement 2 �0' \ I Existing I I \ \ Pipeline Easement I—� 20' \ \ 0 60 100 SCALE IN FEET I I I \ I \ I - --98' \ i ( I I I I I I I Temporary Permanent I I Construction Sewer Easement 3 EasementNil I I I I I , I 1 L5 j L16 j REU6E OFDRA'j(N06 THSDDDUAIENT,AND,NEpF/S AYO DESIGNS NGDPPORAIEDN Line Table Line # Direction Length L1 500'39'29"E 25.00' L2 N89'20'31 "E 55.88' L3 S56'52'25'W 181.95' L4 S00'36'51"W 609.36' L5 N89'22'32'W 40.00' 1-6 N00'36'51 "E 618.72' L7 N56'52'25"E 162.87' L8 N00'36'51 "E 87.46' L9 N89'20'31 "E 135.47' L10 N89'20'31 "E 118.61' 1-11 S00'39'32"E 260.12' L12 N40'1 2'32"W 271.77' L13 N00'36'51"E 16.16' L14 N56'52'25"E 64.10' L15 S00'36'51"W 674.84' L16 N89'22'32"W 98.00' L17 N56'52'25"E 117.85' EXHIBIT Point of Beginning Sanitary Sewer Easement & Temporary Construction Easement 1 E. Amity Rd. Point of Beginning Temporary Construction N89'20'31"E 787.07' Easement 3 Point of Beginning Temporary Construction Easement 2 \ _\ _ ^L9 \ / L2 / �L10 Temporary '� /� '-Ob( Temporary Construction-- \ �S j ter -L13 Construction Easement 1 ; 0000j � \ Easement 2 �0' \ I Existing I I \ \ Pipeline Easement I—� 20' \ \ 0 60 100 SCALE IN FEET I I I \ I \ I - --98' \ i ( I I I I I I I Temporary Permanent I I Construction Sewer Easement 3 EasementNil I I I I I , I 1 L5 j L16 j REU6E OFDRA'j(N06 THSDDDUAIENT,AND,NEpF/S AYO DESIGNS NGDPPORAIEDN -:IV•Ib•�16—AUE - - ENIEAM&IS P �-"--- Meridian Black Cat Trunk SHEET ASANWSTRUNENr OF PROFESSq SERVWE,ISTIEPROPEAVDF tSHNOT T fiD,,.i,6 DRAWN OY: maE Cit Meridian FOXANNOMERPROJMID THE EXPRESS YWNUE mnINRPARI, FORAM DINER PROJECTYRIHOVTTNE EXPRE69 WRffTEN DEMGNft � � of AINNUR�tATIDN OFJAI-0ENCMEFRS. Y.e CNECNEDEY:K Government Lot 1 of Section 31, T3N., R.1 E., B.M., 1 of 1 1-U•0 ENGINEERS, INC City of Meridian, Ada County, Idaho NO REVISION OE9CflIP110N BY P OATS LAST UPDATED; DA 520,7 Meridian City Council 1 eedng DATE.- October 17, 2017 ffEM HUhgBER, 6F PROJECT NUMBER - ITEM TITLE: Volterra Heights Subdivision No. 3 Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact linfo./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TOJ STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-099214 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:37 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this L/14 day of (),4& 20i'l between the parties of the first part, and hereinafter called the G]�ANTORS, and the City of Merl ian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. M Water Main Easement REV. 08/15/16.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Manager 398 E. Copper Ridge St. Meridian, ID 8364 STATE OF IDAHO ) . ss. County of Ada ) On thisjLA day of , 20L7, before me, the undersigned, a notary public in and for said state personally appeared" iN known or identified to me to be the of the Limited Liability Company that executed the instrument or the person w o execut d the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above "'.61.111..,,4 written. 0��B R 0 W °°'** TAR), °® 2 a 4 NOTARY PUBLIC F9R IDAHO •o G o GJ • 1 m hl o p U B 1, v o; Residing at: °° •' Commission Expires : --L& 100 Water Main Easement ���81JOB000001",* REV. 08/15/16.doc GRANTEE: ITY OF MERIDIAN ol'f r 0"d, CwAlaC Pcade+ Aiest by PJay Coles, City Clerk Approved By City Council On: /o/ / �1'�21-7 .PIED AVGL S�. 0 „ c•ny 0r w E IDIAN$,- IDAHO SEAL 5/ STATE OF IDAHO, ) : ss County of Ada ) On this +h day of U r+dbP—K , 20 L-�—, before me, the undersigned, a Notary Public in and for said State, personally appeared rd and C.Jay Coles, known {�erlh Gird (,tx�nGl NeS(&n- 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. PuBo , o. •.,ATE of �. •••.ante•• NOTARY PU�BLIC FOR IDAHO Residing at: Y ► BL ► m , CLQ n Z i�) Commission Expires: a dOa a. Water Main Easement REV. 08/15/16.doc PARCEL DESCRIPTION Date: October 10, 2017 CITY OF MERIDIAN WATER EASEMENT A parcel of land being a portion of the N1/2 NE1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the N1/16 corner common to Sections 34 and 35, monumented by a 5/8" rebar, from which the northeast corner of said Section 34, monumented by a 5/8" rebar (Corner Record No. 108122909), bears North 00°52'46" East, a distance of 1315.57 feet; Thence North 89°06'34" West, coincident with the south line of the N1/2 NE1/4 of said Section 34, a distance of 1296.66 feet to the southwesterly corner of Volterra Heights Subdivision, Book 101, Page 14296; Thence North 00°52'09" East, coincident with the westerly line of said Volterra Heights Subdivision, a distance of 437.36 feet to the POINT OF BEGINNING; Thence North 89°07'51" West, a distance of 125.00 feet; Thence North 00°52'09" East, a distance of 20.00 feet; Thence South 89°07'51" East, a distance of 125.00 feet to said westerly line; Thence South 00°52'09" West, coincident with said westerly line, a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 2,500 square feet or 0.057 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is North 00°52'46" East between the N1/16 corner common to Sections 34 and 35 and the northeast corner of Section 34. Kevin M. Borah, P End of Description 10110/1-7 No. 1056 SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN WATER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NJ 12 NEI/4 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 NE CORNER SECTION 34 w S89'07'51 "E 125.00' o ±0.057 Ac. 0 0 0 ;n 2,500 s.f. N o ri O N O N J M Z N89'07'51 "W 125.00' VOLTERRA HEIGHTS w SUBDIVISION NO. 1Ljj z POINT OF BEGINNING z z r7 PROPOSED VOLTERRA HEIGHTS w SUBDIVISION NO. 3 0 N P O Z POINT OF COAMENCEMENT N1116 CORNER SECTIONS 34 & 35 N 89'06' 34" W 1296.66' SPU LAND S T EII 10561 om s ! )/10/1-7 1 lc NF1//NofWHpd�cM. e i 2141 W Airport Way, Ste 104 Boise, ID 83705 208-342-5400 Fax 208-342-5353 NOT TO SCALE www.whpacific.com I.S.P.C.S., GRID NORTH Meridian Cony CouncH Meedng ATE: October 17, 2017 HEM NUVVIBER: 6G PROJECT NUPWBER, ITEM TITLE: Volterra Heights Subdivision No. 3 Sanitary Sewer Easement MEETING NOTES 54- Community Item/Presentations Presenter Contact into./Notes CLERKS OFFICE FlI VAL ACTIOi V DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-099215 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:37 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this 0 day of 20/7 between the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee`shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV. 08/15/16 X 41 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: anager 398 E. Copper Ridge St. Meridian, ID 83646 STATE OF IDAHO ) ss County of Ada ) On the day ofat6tr, 20/2 before me, the undersigned, a notary public in and for said state personally appeared/ni e& (&e &ffI mown or identified to me to be the ud c of the Limited Liability Company that executed the instrument or the person who executed t e instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, Ie�vvfieWunt .�`� R O written. T B •. ti� •••• W •• �oTARr 0 % Sewer Main Easement set my hand and seal the day and year in this certificate first above 44 ft NO AR PUBLIC FOR IDAHO .• •�. Residing at:�IVell ir.p Commission Expires• 23 REV. 08/15/16 GRANTEE: CITY OF MERIDIAN �4- Z-7�d A t by 64ay Coles, City Clerk / f-2 / / -/ / �q/ `7 Approved By City Council STATE OF IDAHO ss County of Ada ORptED A(IG�sT Owe � L j►�j E IDIAN�— IDAHO V SEAL -) On this � -� �h day of CA76bC( , 20 � -1 , before me, the undersigned, a Notary Public in and for said State, personally appeared �IlYl 1' DE LEI'.L and CJCOLES Ke -1 -h 61 rol, loan '. A, -known to me to be the MaM 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. ..yENE �TA4'' • :••'�`9 � OF 19Q �•• C�WLCDUI� NOTARY PUBLIC FQR IPAHO Residing at: -'� � dAJ.C,IQQ T -p Commission Expires:,, �• Z -do a a Sewer Main Easement REV. 08/15/16 PARCEL DESCRIPTION Date: October 10, 2017 CITY OF MERIDIAN SANITARY SEWER EASEMENT A parcel of land being a portion of the N1/2 NE1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the N1/16 corner common to Sections 34 and 35, monumented by a 5/8" rebar, from which the northeast corner of said Section 34, monumented by a 5/8" rebar (Corner Record No. 108122909), bears North 00°52'46" East, a distance of 1315.57 feet; Thence North 89°06'34" West, coincident with the south line of the N1/2 NEIA of said Section 34, a distance of 2018.49 feet; Thence North 00°52'09" East, a distance of 170.29 feet to the POINT OF BEGINNING; Thence North 89°07'51" West, a distance of 2.61 feet; Thence North 00°52'09" East, a distance of 535.00 feet; Thence North 89°07'51" West, a distance of 10.00 feet; Thence North 00°52'09" East, a distance of 20.00 feet; Thence South 89°07'51" East, a distance of 114.72; Thence South 00°52'09" West, a distance of 20.00 feet; Thence North 89°07'51" West, a distance of 84.72 feet; Thence South 00°52'09" West, a distance of 535.00 feet; Thence North 89°07'51" West, a distance of 17.39 feet to the POINT OF BEGINNING. The above described parcel contains 12,994 square feet or 0.298 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is North 00°52'46" East between the N1/16 corner common to Sections 34 and 35 and the northeast corner of Section 34. /VO T End of Description 1-7 OF VOW. 66'O'l SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN SANITARY SEWER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NI/2 NEI/4 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 PROPOSED NE CORNER VOLTERRA HEIGHTS SECTION 34 SUBDIVISION N0. 2 S89'07'51 "E SO'52'09"W NO'52'09"E 114.72' 20.00' 20.00' N89'07'51 "W 10.00' N89'0751 "W 84.72' 0 0 0 0 u') Uri n ro `n ' ±0.298 Ac. w 12,994 s.f. 0 0 ci P P Lq Lq � o ori Z (n J 20' zLu co H CV i17 POINT OF z z BEGINNING N89'07'51 "W N89'07'51 "W 2.61' 17.39' w a� PROPOSED P NPOINT OF VOLTERRA HEIGHTS COABHNCE&ENT SUBDIVISION NO. 3 N1/16 CORNER o� z SECTIONS 34 & 35 N89'06'34"W 2018.49' �L LAND � G�STeRFOCi,�� 0561 0 I 10110111 0 1 �F�TE OF IwHpjclis /N M. 8� • I� 2141 W Airport Way, Ste 104 Boise, ID 83705 208-342-5400 Fax 208-342-5353 NOT TO SCALE www.whpacific.com I.S.P.C.S., GRID NORTH Meridian Cosy Coundi NoWrang DTE: October 17, 2017 0 ►i,, M NUMSER, 6H PROJECT HUM F -R - ITEM TITLE: Final Order for Bainbridge Subdivision No. 6 (H-2017-0122) MEETING NOTES 0 Community Item/Presentations Presenter Contact info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 6 – FP H-2017-0122 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 19, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 28 SINGLE- FAMILY RESIDNETIAL BUILDNG LOTS AND 3 COMMON LOTS ON 8.07 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO. 6 BY: BRIGHTON DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0122 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 19, 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 BAINBRIDGE SUBDIVISION NO. 6, LOCATED IN A PORTION OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 8/11/2017, by AARON L. BALLARD, PLS, SHEET 1 OF 3,” is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 6 – FP H-2017-0122 Page 2 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 19, 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 Kameron Nauahi, Brighton Corporation, 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. j � By action of the City Council at its regular meeting held on the l day of dG�v car Attest: C.I[ay Cole City Clerk 2017. O�QO�P�E� AUGUST' s city or C.�►'`EIDIA IDAHO W SEAL �/ BY --mommy de -ween iCei th � r Via- City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: 1 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 6 — FP H-2017-0122 Page 3 of 3 EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 1 STAFF REPORT MEETING DATE: September 19, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge Subdivision No. 6 – FP (H-2017-0122) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for final plat (FP) approval of 28 single-family residential building lots and 3 common lots on 8.07 acres of land in the R-8 zoning district for the 7th phase of Bainbridge Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 6 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-2017-0122 as presented in the staff report for the hearing date of September 19, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0122, as presented during the hearing on September 19, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0122 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located approximately ½ mile south of Chinden Blvd. and ¼ mile west of N. Ten Mile Road, in the NE ¼ of Section 27, T. 4N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 2 D. Representative: Michael Wardle, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 28 single-family residential building lots and 3 common lots consisting of 0.50 of an acre of common area containing parkways and local street buffers on 8.07 acres of land in an R-8 zoning district. The minimum property size in this phase is 7,415 square feet (s.f.) with an average size of 9,167 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011) as required by UDC 11-6B-3D.2. There is an additional stub street proposed to the property to the west at the southwest corner of the site that the applicant has recently acquired for future extension and interconnectivity; one additional building lot is proposed in Block 6; and the qualified open space is the same in this phase compared to that approved with the preliminary plat (there is an additional 0.11 of an acre of open space proposed with this phase but it isn’t “qualified”). Because the total number of building lots (316) shown on final plat applications to date has not yet exceeded the total amount approved with the preliminary plat (i.e. 552), Staff deems the proposed final plat in substantial compliance with the approved preliminary plat as required. However, at the point more building lots are proposed than were approved with the preliminary plat, lots will either need to be decreased in accord with that approved or, a new preliminary plat for the remaining area will be required. A new preliminary plat is also required for additional land that has been acquired since the preliminary plat was approved that is proposed to be included within the development. Note: Between the proposed phase and Phase 4, there are a total of 3 additional building lots than were approved with the preliminary plat (two in Phase 4 and one in the subject phase). The open space in Phase 3 exceeded that shown on the approved preliminary plat, while that in Phase 4 decreased by 0.41 of an acre; Phases 1 and 2 were the same; and common area in the subject phase increased by 0.11of an acre. Because the number of building lots increased and the area of qualified open space decreased on previous final plat phases, the applicant was required to submit an updated conceptual development plan depicting what’s already been platted and what is planned to be platted in future phases to ensure overall substantial compliance with the approved preliminary plat in accord with UDC 11- 6B-3C; a revised plan was submitted with this application included in Exhibit E that includes the 2.5 acre property recently acquired by the developer at the west boundary of the site. A new preliminary plat is required to be submitted for this area. The concept plan depicts a total of 573 building lots which includes 9 lots that will need to be included in a new plat which leaves 12 lots that are over the amount included in the preliminary plat. These extra lots are the result of reductions in the width of lots based on market adjustments. The applicant states they will apply for a new preliminary plat that will include the extra lots as they get closer to Ten Mile Road and the LDS Church site. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-05-058, Development Agreement #106141058), rezone (RZ-13-005) and preliminary plat (PP-13-011) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the previous phase final plat in accord with UDC 11-6B-7. EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 3 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 8/11/17 by Aaron L. Ballard, shall be revised as follows: a. Note #13: Include the recorded instrument number. b. Please identify the purpose of the 20’ easements shown on Lots 1-2, Block 22, and Lot 1, block 23. 5. The landscape plan prepared by KM Engineering, dated 8/10/17 (stamped on 8/11/17 by Alyssa Yensen), is approved as submitted. 6. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in 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 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. EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 4 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. 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 EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 5 Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 3/24/17) D. Proposed Landscape Plan (dated: 8/10/17) E. Updated Development Plan with Qualified Open Space Exhibit (dated: 8/15/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 6 Exhibit A – Vicinity Map ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââ R-4 R1 RUT R-15 R-8 L-O RUT R-4R-15 R-4 R-8 R1 C-C R-4 RUT L-O R-8 R-8 L-O R-4 RUT R-4 R-8 L-O C-G C-C R-8 R-8 L-O C-N R-15 R-15 R-15 L-O R-8 R-8 L-O R-2 L-O R-8 N T E N M I L E R D W M C M IL L A N R D W CHINDEN BLVD N L O N G L A K E W A Y W CHINDEN BLVD N G O D D A R D C R E E K W A Y N B L A C K C A T R D W LOS FLORESDR N S A N V I T O W A Y W WOLF RAPIDS ST W WOLF RAPIDS DR N D A L L A S A V E WSTARHOLLOWDR N T H R E E LI N K S L N W BOULDER BAR DR N S I L V E R S P R U C E A V E N E L M S T O N E A V E W AVILLA DR N S E A C L I F F A V E W TANGO CREEK ST W SUNNY COVE ST W LOST RAPIDS D R W EVEREST ST N SE A W I N D A V E W PHILOMENA ST W LOS FLORES ST W VANDERBILT DR W TANGO CREEK DR W WAPOOT ST N J O Y W A Y N T A N G O R A P I D S W A Y N B I G C E D A R A V E N V E R C E L L I W A Y W SELWAY RAPIDS L N N E Y N S F O R D A V E W DAPHNE ST W ROOT CREEK ST W LOS FLORES ST W ANATOLE DR N J A Y K E R W A Y N RUSTIC OAK WAY N PENN C R O S S W A YWSTARHOLLOWDR NTI G N E S A V E WLOSFLORESST W D I T C H C R E E K DR N T R E E F A R M W A Y N A D A L E AV E W LOST R APIDS ST W APGAR CRE E K D R W DITCH CREEK ST W CEDAR GROVE ST W DIVIDE CREEK ST N B L A C K S A N D A V E W GONDOLA DR W ROOT CREEK ST W LADLE RAPIDS ST W CEDAR GROVE ST W VANDERBILT DR W DIVIDE CREEK ST W BAY OAK ST W KELLY CREEK DR W WAPOOT DR W APGAR CREEK LN W EVEREST LN W GRAND TETON DR W G L ADE CREEK DR W G LADE C R E EK ST N F A I R B O R N A V E W RATTLESNAKE DR W CEDAR GROVE ST W WAPOOT S T W RAVENNA ST W DAPHNE ST W RIVA CAPRI ST W SAND WEDGE S T N E X E T E R A V E N L O N I C E R A W A Y W LOS FLORES CT W MILANO ST N S I L V E R M A P L E A V E N L E V I L N N L O N G L A K E W A Y W BAY O A K S T W RAMBLIN CT W DIVIDE CREEK DR W SELWAY RIVER LN W MILANO DR W HUNGRY C R E E K D R W MALTA DR W B ALAT A C T W LARRY LN N T R E E H A V E N W A Y N D O U B L E E A G L E L N N ELISHA AVE N S A L V I A W A Y N J O Y A V E N C A R L E S E A V E N B O L S E N A A V E N A S I S S I W A Y N W H I T E C A P L N N L E V E N H A M A V E N T O S C A N A A V E N S I L V E R E L M W A Y N C O R T O N A W A Y N A R E Z Z O A V E N B L A C K S A N D A V E N L O L O P A S S A V E N L O L O P A S S W A Y NMOONDR U M M E R W A Y N E X E T E R A V E W TURI N C T N S P U R W I N G LN N MA P L E S T O N E A V E N S T A N L E Y CR E E K A V E N J O Y S T N B L A C K S A N D A V E N S P U R W I N G W A Y 4N1W21 4N1W22 4N1W23 4N1W28 4N1W27 4N1W26 4N1W33 4N1W34 4N1W35 Chinden Blvd. EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 7 Exhibit B – Preliminary Plat (dated: 8/10/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 8 Exhibit C – Proposed Final Plat (dated: 8/17/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 9 EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 10 Exhibit D – Proposed Landscape Plan (dated: 8/10/17) EXHIBIT A Bainbridge Subdivision No. 6 – FP H-2017-0122 11 Exhibit E: Updated Development Plan with Updated Qualified Open Space Exhibit (dated: 8/15/17) Note: Single-family lot count includes 9 lots that will be included in a new preliminary plat that were not within the boundary of the subject preliminary plat. EXHIBIT B 11worldian CRY counc H fif1soging DATE. October 17, 2017 HEM NUM o ='moo 60 PROJECT NUMBER, H-2017-0127 ITEM TITLE: Hill's Century Farm Subdivision No. 8 Final Order for Hill's Century Farm Subdivision No. 8 (H-2017- 0127) by Brighton Investments, LLC located approximately 1/4 mile south of E. Amity Road, and 1/2 mile east of S. Eagle Road MEETING NOTES Community Item/Presentations ppesentefr Contact Wo./Notes CLERKS OFFICE FOiVAL ACTIOiV DATE: E-IVIAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 8 – FP H-2017-0127 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 29 BUILDING LOTS AND 5 COMMON LOTS ON 8.29 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR HILL’S CENTURY FARM SUBDIVISION NO. 8 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0127 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 HILL’S CENTURY FARM SUBDIVISION PHASE 8, LOCATED IN A PORTION OF THE SE ¼ OF THE NW ¼ AND A PORTION OF THE NE ¼ OF THE SW ¼, SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 8 – FP H-2017-0127 Page 2 of 3 8/28/2017, by AARON L BALLARD, PLS, SHEET 1 OF 4,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 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 Kameron Nauahi, Brighton Corporation, 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 6c;-0bee- , 2017. ED AUGUST CWCity of w E IDIANt-- IDAHO SEAL �/ Attest: RO�Ih° TREP`�J C.Jdy Cole City Clerk day of By.l -Tse Ke, -rig 13� —l�, City ofMeridian p Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: ey"" W Dated: l b —1-1'ad Q ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUBDIVISION NO. 8 — FP H-2017-0127 Page 3 of 3 EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 1 STAFF REPORT MEETING DATE: October 3, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 29 building lots and 5 common area lots on 8.29 acres of land in an R-8 zoning district. This is the eighth phase of development of Hill’s Century Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 8 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0127, 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-2017-0127, 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-2017-0127 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located ¼ mile south of E. Amity Road and ½ mile east of S. Eagle Road, in the northwest ¼ of Section 33, T. 3N., R. 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 2 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 29 single-family residential building lots and 5 common lots on 8.29 acres of land in an R-8 zoning district. The minimum property size in this phase is 8,176 square feet (s.f.) with an average size of 9,261 s.f. A total of 0.83 of an acre of qualified open space is provided with this phase consisting of common area, the street buffer along Stockenham Way, and parkways along internal streets. No site amenities are proposed with this phase. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. An exhibit for the lots accessed by the common driveways is included in Exhibit E as required. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the preliminary plat; therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. The final plat prepared by KM Engineering, stamped on 8/28/2017 by Aaron L. Ballard shall be revised as follows: a. Note #18: Update the note to reflect storm drainage easements on Lot 10, Block 17 and Lots 14-16, Block 19; also, graphically depict the locations of the easement son the plat. 3. The landscape plan prepared by KM Engineering, dated 6/30/2017, shall be revised as follows: a. The applicant shall revise the landscape plan to include a concrete pad at the end of the common driveways no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common dri veway. Please contact Bob Olson at Republic Services (345-1265) for additional information. 4. Future development shall be generally consistent with the conceptual building elevations included in the development agreement. 5. Comply with the standards for common driveways listed in UDC 11-6C-3D; development of the lots accessed by the common driveways and lots that abut the common driveways lot shall be consistent with Exhibit E. 6. A sign shall be installed at the end of the stub street at the east boundary of the site stating that the street will be extended in the future. EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 3 VII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012, Development Agreement #2015-003138; PP-14- 014). 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 4 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 5 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 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 Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 6 X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 8/28/17) D. Proposed Landscape Plan (dated: 3/9/17) E. Exhibit Map for Common Driveways EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Phase 8 EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 9 Exhibit C – Proposed Final Plat (dated: 8/28/17) EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 10 EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 11 Exhibit D –Proposed Landscape Plan (dated: 8/28/17) EXHIBIT A Hill’s Century Farm Subdivision No. 8 – FP H-2017-0127 PAGE 12 Exhibit E: Exhibit Map for Common Driveways ey"Ibloir 16 Sonya From: Kameron Nauahi <knauahi@brightoncorp.com> Sent: Thursday, September 28, 2017 1:47 PM To: Sonya Allen; Jon Wardle Cc: Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill; Mike Wardle Subject: RE: Hill's Century Farm Sub. 8 FP H-2017-0127 Staff Report for Oct. 3rd Council Mtg Attachments: Hill's Century Farm Sub 8 - FP H-2017-0127 Staff Report.pdf An� We are in agreement with the attached Hill's Century Farm Sub No. 8 final plat staff report and the recommended conditions of approval; and ask that the item be placed on the City Council's Tuesday, October 3, City Council consent agenda. Kameron Nauahi I Assistant Project Manager BRIGHTON CORPORATION 12601 W. Explorer, Suite 200 1 Boise, ID 83713 Direct 208.287.0504 ( Cell 208.830.3629 F r From: Sonya Allen[mailto:sallen@meridiancity.org] Sent: Thursday, September 28, 2017 12:21 PM To: Kameron Nauahi <knauahi@brightoncorp.com>; Jon Wardle <iwardle@brightoncorp.com> Cc: Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cicoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Subject: Hill's Century Farm Sub. 8 FP H-2017-0127 Staff Report for Oct. 3rd Council Mtg Attached is the staff report for the proposed final plat for Hilt's Century Farm Sub. 8. This item is scheduled to be on the City Council agenda on October 3rd. The hearing wilt be held at City Halt, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kameron/Jon - Please submit a written response to the staff report to the City Clerk's office (mhitl@meridiancity.org, cjcoles@meridiancity.org, cway@meridiancity.org, bshiffer@meridiancity.org and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya Meridian CRY C o uncia§ �Ii eeldng DATE- October 17, 2017 ff EM NUMBER: 6JJ PROJECT NUMBER, H-2017-0128 ITEM TITLE: Nursery Subdivision Final Order for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road MEETING NOTES FZW Communa$y Item/Presenia eons Presenter Contact Wo./Motes CLERKS OFF/OE FINAL AOTIOV DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NURSERY SUBDIVISION – FP (H-2017-0128) 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 29 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 2 COMMON LOTS ON 5.48 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR NURSERY SUBDIVISION BY: JLJ, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0128 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 NURSERY SUBDIVISION, LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, BY CARL PORTER, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NURSERY SUBDIVISION – FP (H-2017-0128) Page 2 of 3 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 Jim Jewett, 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 l day of a/tD6PiJi 52017. GO�QOgATED I& (q� of W y' I�jq B m N�. ��z "�2� SEAL �, -MwCity of Meridian Attest: CACole City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: blk�j WM Dated: [�) — `-� - �1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NURSERY SUBDIVISION - FP (H-2017-0128) Page 3 of 3 Exhibit A Nursery Sub – FP H-2017-0128 1 STAFF REPORT MEETING DATE: October 3, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Nursery Subdivision – FP (H-2017-0128) I. APPLICATION SUMMARY The applicant, JLJ, Inc, has applied for final plat (FP) approval of 29 residential building lots and 2 common lots on 5.48 acres of land in the R-8 zoning district for Nursery Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Nursery Subdivision 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-2017-0128 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-2017-0128, 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-2017-0128 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 570 S. Linder Road in the NW ¼ of Section 13, Township 3N., Range 1W. B. Applicant/Owner: JLJ, Inc. 167 E. White Spur St. Meridian, ID 83642 C. Representative: Nick Bennett/Sawtooth Land Surveying 2030 S. Washington Ave. Emmett, Idaho 83617 Exhibit A Nursery Sub – FP H-2017-0128 2 V. STAFF ANALYSIS The proposed final plat depicts 29 residential building lots and 2 common lots on 5.48 acres of land in an R-8 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2017-0048). 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-06-038 and H-2017-0048). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Council approval of the Findings for the preliminary plat (July 18, 2019), 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 Sawtooth Land Surveying, LLC, by Carl Porter, shall be revised as follows: a. Note #9: Include the recorded instrument number of the ACHD License Agreement. b. Note #11: Remove this note. No DA was ever required for this property c. The 5-foot landscape buffer on the north side of Lot 3, Block 1 shall be located in a common lot. d. Prior to signature on the final plat, the applicant shall provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives (Lots 4-7 and Lots 19-21 of Block 1). A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of the specific common driveway and shall be a paved surface capable of supporting fire vehicles and equipment. 5. The landscape plan included in Exhibit D prepared by The Land Group, dated 8/16/2017, shall be revised as follows: a. Prior to signature on the The landscape plan shall be revised to show a 5 foot pathway on Lot 9, Block 2 and shall provide 5 feet of landscaping on one side of the pathway in accord with UDC-3B-12. b. Prior to signature on the final plat, the applicant shall revise the landscape plan to show that the revised pathway and open space meet the requirements of UDC 11-3G-3. c. The applicant shall revise the landscape plan to remove the pathway portion located on the east side of S. Tylee Way. d. The applicant shall ensure that the retention pond proposed to be located on Lot 22, Block meets the requirements set forth in UDC 11-3B-11C. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Exhibit A Nursery Sub – FP H-2017-0128 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 Nursery Sub – FP H-2017-0128 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 Nursery Sub – FP H-2017-0128 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. VIII. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 3/22/17) C. Proposed Final Plat (dated: 8/1/17) D. Proposed Landscape Plan (dated: 8/16/17) Exhibit A Nursery Sub – FP H-2017-0128 6 Exhibit A – Vicinity/Zoning Map Exhibit A Nursery Sub – FP H-2017-0128 7 Exhibit B – Preliminary Plat (dated: 3/22/17) Exhibit A Nursery Sub – FP H-2017-0128 8 Exhibit C – Proposed Final Plat (dated: 8/1/17) Exhibit A Nursery Sub – FP H-2017-0128 9 Exhibit D – Proposed Landscape Plan (dated: 8/16/17) For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! Meridian CRR Council Meeting DATE: October 17, 2017 HEM NUMBER. 6K PROJECT NUMBER, ITEM TITLE: TM Green Subdivision No. 2 License Agreement Between the Nampa -Meridian Irrigation District and the City of Meridian Regarding the TM Creek Subdivision No. 2 Ten Mile Creek Pathway Located Near the Southeast Corner of Franklin and Ten Mile Roads MEETING NOTES NJ Community item/Prose ntaUons Presenter Contact info./Hotel CLERKS 0FGd0E FhVAL ACT101V DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT AGREEMENT, made and entered into this day of L e L , 2017, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSEIL1 WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100 102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District, to establish a process for the City's' submission of pathway requests and the District's consideration of such requests, and to provide the general conditions for the District's approval and authorization of pathway requests affecting°the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions ofsaid Master Pathway Agreement and after the execution ofan agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the"Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the TEN MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to. convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and bythis reference made a part hereof; and, AGREEMENT - Page'1 WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Ten Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I . The City may construct, operate, maintain and repair a 10 foot wide pathway within the District's real property and/or easement for the Ten Mile Drain on the south and west side of the Ten Mile Drain in TM Creek Subdivision No. 2, Iocated southeast of the intersection of Ten Mile Road and Franklin Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By, ATTEST: AGREEMENT - Page 2 Its President Its Secretary ATTEST: STATE OF IDAHO } } ss: County of Canyon } THE CITY OF ERIDIAN 13y FtATEp Gp�PpgGC�S W AN'�. SEAL On this _ day of , 2017, before me, the undersigned, allotary Public in and for said State, personally appeared Will Patterson and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate First above written. Notary Public for Idaho Residing at _ , Idaho My Commission Expires: STATE OF IDAHO } } ss: County of Ada } On this i J"' day of k 2017, before me, the undersi ned, a Notary Public in and for said State, pers nalty appeared and e -S , known to me to be the r lae and �' l rK , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instr ment and acknowledged to me that such entity 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. +*,*gone.•• ,••' LENE �•. • �pTA,h,� ,y�. • AGREEMEt4T'•,Page 3 •�',`9�'P OF l�P •• Ltalm Notary Public forte kl Residing at �I'Y- w��,�Q My Commission Expires: L -a0aa EXHIBIT A Leeal Description A right-of-way/easement within Lot 14, Block 2 of TM Creek Subdivision No. 2, located in Section l4, Township 3 North, Range I West, B.M., Ada County, Idaho as more particularly described in the plat attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT B Location of Property Iv Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. The District's easement along this section of the Ten Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Ten Mile Drain, and to access the Ten Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 N S. Ten Mile Rd. WSt5 OFSEAR vtl _ _ _ s�rsxsr_ x ur i�� o a �3R ky. JILIN its 14 4,11 �s _ f I I qy� • i I � 1 � u. a ffi x !y P Ft-r, !t $ 2 R Q a a L Olin�� s �+ $ 2;1 a�$aaasaRaa -S � y Y •� V Zr `al y r �s _ f I I qy� • i I � 1 � u. a ffi x !y P Ft-r, !t N iM�i g=- rz- �lh�i3 s m �n Nd7177.1PE- in !� u Ae p�- I I a� !I e J o S \ I ffl W S o "s ifDQ z O y W o C m is �m Q ° 0* z •� 0 m 0 C O C- 0 �mACDZ a� En p a m - N A _ d oil '191 !j9 All ;aR." j 9 ti a $ fig 2 n ip1 zip' '�� i Sit R • �gA— '" ii a� � S �r �'� L• �K� `� �� 17 � �i�A�zre � z M • �x'�` �y�� 4 @ P� aRRa ¢Fi ps Jr%t + 7 Exhibit A-1 - sGulMeio uol}an4suoo pmaap r Z •oN uolslAlpgnS Kaaa9 Wl uol;on>>suag - ueld adeaspue7*y ssua �}�r '• ,,,,,,.,,3, � L� t l i F •'<•� Ep 3���a� S le �� ��p p � � �! Jig N Bill! i1��3lHo,:q v f111 qix q xx i her a r r� FP Its 2i�i ft� ie�Y 7000�. _tan -- p �—yy . Exhibit C-1, page 1 � e e J ii I k$ r I uj cc +� , a 9 I ���w� �.rwtr ww www w- w waw - w w w wr _tan -- p �—yy . Exhibit C-1, page 1 "MWA SOUIMBJ(] U41}UUJpuO'j Z -ON uolslhlp9nS nesio Wi g� p Ll Ll L, m �� I I���6�� fti a • -1-`., r - ---- --- V BBJb UOnOMFUGO - Vuld ode=pBel .1* xHeun•4 I s:�!� �,o Exhibit C-1, page 2 C'C G 6' ElamKill Br Exhibit C-1, page 3 AIJ soulmiva uollanipuoa Z ON ualslAlpgnS Kasi9 Wl g unPan suaN -used adeaspuel 1 fj ' C'C G 6' ElamKill Br Exhibit C-1, page 3 AIJ ---^ -- sOulMeia uallanipaaa eaid Z *ON uaISIAIp9uS 189j3 WL ual;aMSUOD - uela adeaspuir '1m I V7 Exhibit C-1, page 4 I_.ra"I ca a. W i ty� +talY+� `dpniuuyee•+ Z •'rye .e, rr,,`i 114-J ' I 1 1 s6u4Mei� ua��ani�suo� ` s�Eejepodesspue� � ffiI � Iv FZ 'aN ucjsjAIpgnS Tema Wl —� i ua4;an4sua� - ue�d edeuspuei... I "F;1 7 S Fsj�ly� �.pb1�3 gig 11 E 7 S Fsj�ly� �.pb1�3 Ill Exhibit C-1, page 5 Meridian Chy Council Neel ng DATE: October 17, 2017 DfrPVh HUW1 ERo 6L PROJECT NUMBER- ITEM UMBE— ITEM TITLE- Adendum No. 15 to Agreement with Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002. MEETING RITES Community Ifiern/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO I APPLICANT NOTES INITIALS EXHIBIT A ADDENDUM NO. 15 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 THIS ADDENDUM No. 15 is entered into the _____ day of _______________ 2017, by and between the City of Meridian (hereinafter “Meridian”) and the City of Boise (hereinafter “Boise”) for the purpose of amending and extending the Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. WHEREAS, on November 1, 2002, Meridian and Boise entered into an Agreement for Boise to provide certain prosecutorial services to Meridian; and WHEREAS, the Agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017; and WHEREAS, Meridian and Boise desire to modify certain terms of the Agreement related to the amount of payment; and WHEREAS, Meridian and Boise desire to extend the Agreement as modified for an additional one (1) year term. NOW THEREFORE, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002, as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for the services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty-nine thousand nine hundred and seventy-five dollars and 49/100ths ($29,975.49) per month, for an annual total cost of three hundred fifty-nine thousand seven hundred and five dollars and 87/100ths ($359,705.87). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20th day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all legal services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket ex- penses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. 2. That Section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT: The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension FY – 2018, attached hereto as Exhibit B. Meridian Addendum No. 15 Page 1 10th October 3. Except as modified by this Addendum No. 15, the original Agreement for the City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 15 on this 10th day of October 2017. CITY OF MERIDIAN BY: Ilei lh (3j } z� C(Dun6 P r�si �enk- CITY OF BOISE BY; CL'4-10/10/17 o avid eter Meridian Addendum No. 15 Page 2 O�PORATEOq� c �r+r'jY" � I SDIAIV� tot ..11/ ATTEST: BY: C. jCole ity erk ATTEST: BY: 10/10/17 t�dda Lowry, gx-Officio City Clerk DATE: October 17, 2017 ITEM TITLE: ffEMi HUMBER. 6II I PROJECT NUMBER - J � Resolution No./ -- 'hq r : A Resolution Approving a Community Recycling fund Application for the Project 'Catalpa Leaf -Shaped Bench with Signage' Sponsored by the Solid Waste Advisory Commission and Funding Authority of $2,756.00. MEETING NOTES 51 Community item/PresentaUons Presenter Contact Nato./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. (— �1 v Z/ 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 APPROVING A COMMUNITY RECYCLING FUND APPLICATION FOR THE PROJECT `CATALPA LEAF -SHAPED BENCH WITH SIGNAGE' SPONSORED BY THE SOLID WASTE ADVISORY COMMISSION AND FUNDING AUTHORITY OF $2,756.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian adopted the Community Recycling Fund Program (CRFP) for the purpose of funding projects with money generated from recycling revenue to promote recycling -related projects for the public's use in the community; and WHEREAS, the Solid Waste Advisory Commission (SWAC) is seeking approval for a CRFP project to purchase and install one (1) Catalpa leaf -shaped bench which will be part of a collection of leaf -shaped benches made from steel and recycled decking material and that will be part of a permanent educational nature walk in Phase One of Meridian's 77 acre south regional park; and WHEREAS, SWAC is seeking CRFP funding authority not to exceed $2,756.00 to support this project; and WHEREAS, SWAC has completed the application process for this bench project and voted to recommend its approval to City Council at the June 28, 2017 SWAC meeting; and WHEREAS, the CRFP project application and supporting memorandum are attached hereto as exhibits for reference; and WHEREAS, the City Council at its meeting on October 3, 2017 found the project to meet the purpose, goals, criteria, and requirements of the CRFP and approved the request for funding; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That SWAC's CRFP application to purchase one (1) Catalpa leaf -shaped bench with signage using funds from the Community Recycling Fund in an amount not to exceed $2,756.00 is hereby approved; and Section 2. That the Catalpa leaf -shaped bench and signage is to be installed in Phase One of Meridian's 77 acre south regional park; and RESOLUTION FOR CRFP PROJECT AND FUNDING AUTHORITY Section 3. That the Finance department is authorized to distribute the requested funds according to the procedures set forth in the CRFP; and 2017. Section 4. That the approval to proceed with this project is effective immediately. ADOPTED by the City Council of the City of Meridian, Idaho, this f % day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this Ll day of October, 2017. APPROVE ei140 6r4, Coana Pms1d�en ATTEST: GOVQpRATE1D C. y Col , City Clerk PIA SENS AL RESOLUTION FOR CRFP PROJECT AND FUNDING AUTHORITY City of Meridian Community Recycling Fund Application -SWA.0 SPONSORED FY1PROJECT APPLICATION - This application is to be completed by individuals and organizations applying for funding from the City of Meridian Conan-dty Recycling Program Fuad (CRFP). This application must be completed in its entirety. Please use additional sheets of paper if necessary. Applicant's Name (individual, organization; company): Meridian Solid Waste Advisory Commission (SWAC) Address: 33 E. Broadway Ave., Meridian,ID 83642 Co -Contact Names and Title: SWAC contact: Steve Coax; 248-608-8533: steyecory(—q)q.eom Staff contact: Mike Barton. Part: Superintendent: 489-1561: inbarton&-neridiancity.orti 1. Describe the community recycling project you would like to have supported. Provide as much detail as possible including any drawings, designs, and other information that help to fully explain the project: Purchase and install, in time for the 201 8rat�pening of Phase One of the 77 acre South Meridian Regional Park, one Catalpa g g . leaf shaped bench made froEn steel and reaycled decking materialalong -vyith CRFP signage. for the -- --- tr _ e publl ic's use and enjoyment. (SEE attached Exhibit A). 2. Describe how this project will benefit the community: Citizens of South Meridian are recyclers like so many of Meridian's citizens. however. all of the previously awarded CRFP funds have,gone „to Mjects north of 1-84. For the first tune, this project. if approved, will promote the many benefits of reeyelijag and the CRFP by adding a public park aaneni bench seatin for the treneralpublic's use apd enioyment as part of Phase One of 77 acre South Meridian Regional Park. The bench will be paid for with revenue generated exclusively from the CiWs curbside recyclill program and have promotional signage to that effect. The bench will be made from recycled materials and. have an educational theme celebrating nature alld the environment. The Fund will pay for one bench in the shape of a Catalpa leaf that will be )art of a group of benches celebrating various native leaves/trees to which the Parks Department and the Meridian Arts Cominission are also contributing funds. The Parks D�e-artmejtt is in charge of the timing of the ordering and installing of the benches prior to the park`s grand otaenina. 3. Describe the recycled materials to be used including manufacturers information if applicable. Bench is to be made from steel and recycled decking material. SWAC's CRFP Project Application for "Catalpa Leaf" Bench 4. Funding Request: The CRFP Fund balance as of August 23.2017: $39.956.53. Total funds requested: $2,756.00: Total estimated cost of project: $2.755.00. Any unused funds will be returned to the CRFP. 5. Describe how the community recycling funds will be used, the schedule for the project, and how the snatching contribution will be determined if applicable: The Parks Department is planning to purchase and install several benches in the shape of native leaves/trees to celebrate nature and the environment as,,part,of Phase One of the new 77 acre South Meridian Regional Park scheduled to open in the fall of 2018. The benches will be part of a planned educational nature walk. The benches are to be made of steel and recycled decking material. SWAG requests that City Council approve the funding of one of these benches (shape of a Catalpa lea{) from the Community Eggyclin; Fund, with the appropriate signage to be axed to the bench. If this application is ap]oroyed, in other words, the Parks Dept. will be reimbursed for one (1) bench from CRFP funds. The bench installation is to occur in time for the Phase One grand opening of the park. 6. Describe the signage or other method of recognition that will be used to acknowledge the Community Recycling Fund, (plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used. The Parks Department has a template for the CRFP signage which has been approved and used on previously CRFP funded and installed benches. See attached Exhibit B). Signature of Contact Person ":: , ----�y DateC Ct O ( ? (We must have a signature to proces v our request) 4229a : EXHIBIT B PROPOSED SIGNAGE Signage would be designed to look like the Parks and Recreation Pathway signs and could include the following language, albeit edited. FUNDING FOR THIS BENCH AT SOUTH MERIDIAN REGIONAL PARK WAS PROVIDED BY THE MERIDIAN COMMUNITY RECYCLING FUND. DATE. October 17, 2017 HEM NUMBER, 6N PROJECT NUMBER - ITEM TITLE: Approval of Change Order 1 to ACHD for the "Franklin Rd. Black Cat to Ten Mile Rd. Water and Sewer Improvements" project for a Not -To -Exceed amount of $304,000.00 in conjunction with the Interagency Agreement dated January 20, 2016. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINALS ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Jared Hale Date: 10/11/2017 Re: October 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 17 th City Council Consent Agenda for Council’s consideration. Approval of Change Order 1 to ACHD for the “Franklin Rd. Black Cat to Ten Mile Rd. Water and Sewer Improvements” project for a Not-To-Exceed amount of $304,000.00 in conjunction with the Interagency Agreement dated January 20, 2016. Recommended Council Action: Award of Change Order 1 to ACHD for the Not- To-Exceed amount of $304,000.00 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. 1DIA14q,.-.1- C>((,R-- Public IDAH� Works Department TO: Keith Watts FROM: Jared Hale Engineering Project Manager DATE: October 6, 2017 Mayor Tammy de Weerd City Council Member:: Charlie Rountree Keith Bird Joe Borton Lul?e Cavener Genesis Milam David Zaremba SUBJECT: CHANGE ORDER NO. 1 FOR WATER AND SEWER IMPROVEMENTS TO BE INCLUDED WITH THE FRANKLIN ROAD, BLACK CAT ROAD TO TEN MILE ROAD WIDENING PROJECT FOR AN AMOUNT NOT TO EXCEED $304,000. I. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 489-0352 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 II. DESCRIPTION A. Background The City of Meridian is working in conjunction with Ada County Highway District (ACRD) and Idaho Transportation Department (ITD) on the construction of water and sewer improvements with the Franklin Road, Black Cat to Ten Mile Road widening project. The project included the construction of approximately 3,100 linear feet of sewer main and 1,500 linear feet of water main in Franklin Road and 1,000 linear feet of sewer main and 1,000 linear feet of water main in Black Cat Road. Because this was a federal aid project, the City was required to prepay ACHD $971,000 before construction started based off of the engineer's estimate. This estimate did not include the City's share of ACHD's overhead, traffic control, and mobilization costs. During the construction process, there was an unforeseen condition and a scope change. Page I of 2 B. Proposed Project The ACRD construction cost share and administration fees have not been calculated yet, but they are estimated to be about $80,000. Early on in this project we ran into four issues that affected the backfill quantities: high groundwater, above average precipitation, a thick clay layer, and cold weather. The plans originally called for 1,000 tons of imported backfill. Because of unsuitable soil conditions, the total pit run used on this project was about 14,000 tons. The initial bid price for the pit run was $20.33 per ton, which we were charged for the first 1,250 tons. We were able to do a unit price reduction to $16 per ton for the additional 12,750 tons. The total cost for the import is $229,412.50, which is $209,082.50 more than the original bid amount. Additionally, two sewer manholes needed a spray on coating due to exposed aggregate in the manholes. This was an unexpected cost that added to the project cost. We incorporated it into this project because the pricing was reasonable and traffic control cost would cause the cost to be much higher in the future. III. IMPACT A. Fiscal Impacts The enhancements associated with the project are Sewer Main Extensions Enhancement and Water Main Extensions Enhancement which has a total value of $3,500,000.00. The construction cost for this project is estimated to be $1,27500.00. Project Costs: Fiscal Year 2017 GL Account Code _---__---- Construction -Sewer _. _------ ----- 60-3590-93505 _---_____--__--______ $771,000.00 Construction -Water _ - - ------ _-_----------- 60-3490-96140 _--------- $200,000.00 - -_. ----------- - Total - -- ----------- ------- $971,000.00 -------------------- . --_- _--- ----------- ----- Fiscal Year 2018 - - - - - - -----------_----- - - - Change Change Order #1 -Sewer ------------ - -----_--------- ------------ 60-3590-93505 -------------------- ------- - -- $229,000.00 --- - --- Change Order #1 -Water -- - - --- ----------------- - - -----------__--------------- - - ; 60-3490-96140 ------------- -------------- - - - - $75,000.00 Total $304,000.00 _- _--------------- ------------- - _-___---_----------- Total Construction Cost - _ ----------- - -- ------------------------ ------ $192759000.00 -------------------- - __ --- Total Funding Available - - - _ s --- --- $395009000.00 Approved for Council Page 2 of 2 1511.112 at C�E IDIAN CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. 10369 CHANGE ORDER DATE: 9/21/2017 EFFECTIVE DATE: CONTRACTOR: Ada County Highway District PROJECT: Construction Contract - ACHD - Franklin Rd., Black Cat to Ten Mile Rd Water and Sewer Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work: (attach additional pages if needed) See attached sheet for details. WHO REQUESTED THE CHANGE City ❑ Contractor WHY IS THE CHANGE NECESSARY Check all that apply Q Unforeseen / Hidden Conditions Scope Change ❑ Error with the Plans and/or Specifications ❑ Other - describe below Explanation: The existing soil conditions, high water table, above average winter and spring precipitation were all unforeseen conditions. Coating the manholes with Sprayroq is a needed scope change. Paying the additional ACHD fees were not taken into account with the initial cost estimate. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply The work is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. Time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous ❑ Emergency Work to correct unsafe conditions. Other - describe below Explanation: (attached additional pages If needed) The reason these items were not rebid is they were part of an ACHD and State of Idaho road project. The sewer portion of the project would have been taken out of the project. The City would have had to wait until the road project was finished and then pay for the same amount of import plus road restoration. Page 1 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $971,000.00 Original Contract Times: days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 0 to No. 1 No. to No. Note change order numbers here $0.00 Note change order numbers here days Enter dollar amount o c enges nere Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $304,000.00 days War dollar amount of this c amge order Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $304,000.00 0 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $1,275,000.00 0 days APPROVED: (City Purchasing Manager) ACCEPTED:'d (Contractor) By: Keith Watts By;�L fl Date: Date: RECOMMENDED: (City Project Manager) DATE APPROVED BY COUNCIL (If required) / I By '; )P� 1� Gv- Date. '�L / % % J � J NO SIGNATURE REQUIRED 71 / l / l I1 DATE METHOD OF COST DETERMINATION / COST ANALYSIS OR VERIFICATION: After it was discovered that the excavated soil was saturated and unsuitable for backfill, the contractor, ACHD and I met with All West Geo -Tech to discuss our options. The geo-tech suggested filling the entire trench from the pipe zone to the sub -grade with imported pit run. These sections ranged in depth from 17' to 8'. ACHD and I agreed that placing pit run 3' to 4' below subgrade, depending on the amount of clay in the existing soil, would work. The imported pit run was bid at $20.33 per ton. We requested a price reduction after 25% of the quantity was exceeded. The contractor submitted an itemized break down for the imported pit run. We were able to negotiate the price to $16 per ton. The Sprayroq of the manhole cost was verified by checking past pricing and making sure it was consistent. The ACHD fees are in the interagency agreement. Budget Available (Attach Report) Budget Information: Budget FY Date Submitted to Clerk for Agenda: (Purchase Order No. Purchasing Use Date Issued: Page 2 of 2 Amendment: Approval Date: Early on in this project we ran into four issues that affected the backfill suitability: high groundwater, above average precipitation, a thick clay layer, and cold weather. The engineer estimated we would need 4,000 tons of imported backfill, but only had the bid quantity at 1,000 tons. The reason he reduced the amount he thought we needed was to prevent the contractor from submitting an unbalanced bid. The result is the contractor did submit an unbalanced bid and was high in the imported backfill item. The engineer did not do any soil investigation to determine the ground water elevation, which was not included in task order. The total pit run used on this project is about 14,000 tons. The initial bid price for the pit run was $20.33 per ton, which we were charged for the first 1,250 tons. We were able to do a unit price reduction to $16 per ton for the additional 12,750 tons. The total cost for the import is $229,412.50, which is $209,082.50 more than the bid amount. Two sewer manholes need to be coated in Sprayroq due to exposed aggregate in the manhole. This was an unexpected cost that we added to the project. We felt like the future traffic control cost would inflate the cost to do this at a later date is the reason we added it to the project instead of bid it out separately. The cost to line the manholes with Sprayrog is $18,100.10. The bid amount doesn't include the additional fees from ACHD, construction cost share and administration fees. I am estimating these fees to be about $80,000 together. These are the three reasons I am asking for change order of $304,000. lb-o2-ll furxe 'rozto 1INTERAGENCY I\GREEI\4ENT FOR: ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION FRANKLIN RD, BLACK CAT RD TO TEN MILE RD ACHD PROJECT N(),711023 and711O24 THIS INTERAGENCY AGREEIVENT FOR ROADWAY CONSTRUCTIONMATER AND SEWER CONS TRUCTION (''Agreement") is made and entered into this Loh day of ,aanwqrA 2016, by and betweett the ADA COUNry HIGHWAY DISTRICT, a nig-6way distric/ organized under the laws of tre State of ldaho ('DISTRICT'or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of ldaho ("lvleridian" or ''City"), regarding ACHD f'roject no. 711023 and711024. RECITALS WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, ldaho Code S 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is i:uthorized by the governing body of each party and that such contract shall set fo(h fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and City desire to undertake a cooperative effort to incorporate into the DISTRICT'S road constru,rion projects known as Franklin Rd, Black Cat Rd to Ten lVlile Rd ("Project" or "Project BounJaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer main lines and serviceq adjusting water valve boxes and manhoies to grade, and correcting potablelnon- potable spacing issues (collectively, "City Sewer and Water lmprovements") as detailed in Project no. 711O23 and 711024, lo be corrstructed pursuant to a separately-executed agreemenl between DISTRICT and the selecte d Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to acoommodate City's request by including the City Water and Sewer lmprovements in the Proje:t plans, subject to the terms, conditions and obligations set forth in this Agreement and so ong as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for a I actual costs including, without limitation, any indirect costs and expenses lhat DISTRIC1' incurs as a result of the additionat work athibutable to the modificalion or installation of the City Water and Sewer lmprovements within the Project Boundaries with the exception of water and sewer services construcled to serve the properties at 4925 W Franklin Road ernd 3880 W Franklin Road; Page 'l of 8 P04 WHEREAS, ACHD is a single county-rvide highway district, a public entity, organized and existing pursuant to ldaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; I NOW, THEREFORE, in consideration :f the foregoing premises, mutual covenants and agreements herein contained, the parties h -.reto agree as follows: 1. DISTRICTSHALL; a. Be the party responsible for soriciting, receiving and opening of bids and forexecuting and admlnistering th* construction coNTRAcr for the roadway lgglLtygtgn and City Water ancl Sewer lmprovements referenced herein, whichcoNTRACT shall incrude, inter a|ia, a provision that aI work required tor t'ne Citywater and sewer lmprovements shall be performed in conformance with the mostcurrent edition of the ldaho standards for public works construction (lspwc) andthe most curent city of Meridian s.pprementar specifications to the rSpWc. b. Provide city with a comprete set of combined bid documents for the roadwayreconstruction, and for the City Wah;r and Sewer Improvements. c. Furnish city with an abstract or alr bids received, and obtain city's writtenconcu,ence with DlsrRrcIS recornmendation for award of the coNTRA"cr prioi tomaking such award. city's concurrence shal specificaly acknowredge tnat the tiivwater and sewer lmprovements ar€ and sha[ be subjeci to tn" t"rrJ".o "t.oitiiniof this Agreement. rf city does nor concur, DrsrRrcr snatt remove tdiiii \A;;i;;and Sewer lmprovements and if necessary, rebid the project. Citf "'frrf f -L" responsible and shall reimburse DISTRICT for any and ail costs ;rff;r; ;;DlsrRlcr attributabre to the. removar of the city waier and sewer rmprovemerrlfrom the Project and if applicabte, thr> rebidding ofthe erolect. d. lnclude in the CONTRACT, a term providing that city wi have the rioht and authoritvto. work directly with the. Contractor to resolve uny "lrir. r"f"ting l; unt wry i" d;City Water and Sewer_lmprovements and that iny such claiml will 6e r;;ie;;;,apployeq or denied by city incruding enforcement oithu 2 yua. warranty perta to uistarted at the date described in the firar acceptance retter fiom tne citv 6t'rrrreriJiun. ' u 99?ft9tg-*ith City should any cf anges be made to DISTRICT,s portion of the :^9)^lT39I or work pursuant thereto t-hat does or may impact tne CitV Wrt"i anlDewer tmprovements. f !tak9 monthly progress payments and the final CONTRACT payment to theContractor in conformance with the t€,rms of tne conitruction CONTRACT. s submit to city a copy of,each desigrr consurtant bilring attributable to the city wateran-d sewer rmprovements if appricitrre ana contractor progress payment estimate,and the final CONTRACT payment estimate, u. ir"n'".ti"rri;":;i; ;il;;;d ;;DlsrRlcr after obtaining. iity'" <'oncurrence regaraing crtv's portiJn - oi- ml99ltB9f, together with an invoice for Cityrs share oi *,b "on.tiu"tionCONTRACT costs earned by and to i.e paid to ttre iontractor. h As applicabre, provide for ^th.e refererrce and repracement of a[ pre-existing surveymonuments within the project. Page 2 of I provide the field survey and grade cr,ntrol necessary for construction of the roadway. centerline or offsets and stationing shall be established prior to the city staking any sanitary sewer or potable water serv ce lines, water valve boxes, manhole locations, and other Cily facilities. Upon acceplance of the sewer and water vrcrk by the City and prior to the project cl'oseout, ACHD will meet with the City to reconcile the actual contract costs of the installed sewer and water facilities ar; compared to the "Water and Sewer Estimate" set out in Exhibit A. ln addition, the <:ost share items listed in paragraphs 2e and 2d will be reconciled at the time of ac(eptance by City. ACHD shall submit to City written documentation of expenditure,s with an invoice for payment of all costs and expenses the DISTRICT incurs beyond the amount paid to ACHD by the City according to paragraph 2c, as a result of the additional work attributed to the City Water and Sewer lmprovements wi:hin the Project Boundaries, including but not limited to, costs or changed condilions, plan errors and omissions, and delays attributable to design and/or installati:n of the City Water and Sewer lmprovements. ln the event that the amount paid by i.he City under paragraph 2c exceeds the actual contract cost of the complete instal ation including the cost share items listed in paragraphs 2e and 2d, ACHD shall refund such amount to the Cily within 30 days of project closeout. 2, GITY OF MERIDIAN SHALL: Provide the inspection, field survey and grade control required for the installation of atl City Waler and Sewer lmprovemonts incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the Districl Project Representative as designated by DISTRICT, b. Provide DISTRICT with the special povisions if applicable, and stamped plans, bid quantities and an Engineers Estimirte (or pursuant to Paragraph 1.9. pay the DISTRICT the actual cost if the DISTIiICT'S design consultant prepares the samefor the City Water and Sewer Improvenrents to be incorporated into the Project and included in the bid documents for tl'e CONTRACT (all work required for the City Water and Sewer lmprovements to be performed in accordance with the most current edition of the ldaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the lSrWC, and the City's Revisions to the Standard Specifications). Within 30 days of execution of this agreement, pay to ACHD the sum of nine hundred seventy one thousand dollars($g71 ,0C 0.00), vrhich is the estimated cost of the labor, materials, and equipment to perform lhe water and sanitary sewer work as itemized on Exhibit A. ln addition, within 60 rlays of acceptance of the water and sanitary sevreT, and completion of cost reconci iation, pay to ACHD the actual contract cost of the labor, materials and equipment that exceeds the water and Sewer cost estimate. a c- d. Reimburse DISTRICT {ive percent (5ol,) of City's construction costs attr;butable to the City Water and Sewer lmprovements zs payment toward the additional costs incurred Page 3 of I t. by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public adveftisement of the Project, supplying bid plans, supplying construction plarrs, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general constructiorr project oversight, and maintaining construction project files. Reimburse DISTRICT 7.34oh for mobilization, traffic conlrol, flagging, detours and weekly meetings on a prorated basi;. The prorated basis for the above items will be calculated using the percentage of City's project costs as they relate to the total project construction costs. Provide (at City's sole costs) trench ,:ompaction testing for the City Water and Sewer Improvements from one-foot (1') ab:ve the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1)test per one thousand ('l ,()00) Iineal feet, minimum one (1) for every three (3) transverse trenches; provide all rr:-testing required in any area that does not meet CONTRACT requirements; and pnrvide copies of tests for the area along the alignment of the pipeline to the desig lated DISTRICT representative. Be liable for the cost of repairing any trench failure attributable to the city water and Sewer lmprovements within the Projr;ct Boundaries, and be liable for and indemnify, de{end and hold DISTRICT harmler,s for any and all costs, claims, and damages resulting from any such trench failure Reimburse DlsrRlcr for any additi,rnal costs to DlsrRlcr over and above costs specifically enumerated herein, wherr: such costs are attributable to the installations, adjustments, relocations and abardonments of the City Water and Sewei lmprovements or to the removal of inny or all items from th; CONTRACT that are associated with the installation of the City Water and Sewer lmprovements. lndemnify, save harmless and def,..ntl regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expense:; and attorney fees caused Ly or arising out ofany.negligent acts by City's officers, employees, agents or contraitors whilJ acilngwithin the course and scope of their employment, which arise from or which are iiany way connected to the City Water and Sewer lmprovements. Such indemnification hereunder by cily shrrll in no event cause the liability of city for any negligent act to exceed the amouni c,f loss, damages, or expenses of attoiney feesatkibutable to such negligent act, and shall not apfly to loss, dar"gu", "*p"n6". orattorney fees attributable to the nelyligence of DlsrRlcr. This-duty to defend,indemnify and hold harmless is subie-t to the limitations of ldaho ldw, including Article vlll section 3, ldaho constitution and ldaho code Ti e 6 chapter 9 (the ldah6Torl Clairns Act), and to any other limilations set forth in the Agreement. work directly with the contractor to resolve any craims relating in any way to the cityWater and Sewer lmprovements; any and all such claims will-be reviewei, uppror"l 9i!g!i"d by city shall indemnify, savr-'harmress and defend regardress oi oli"ornu,DISTRICT from expenses and agains: suits, actions, claims or J-osses of every kind, Page 4 of I f h g. j nature and description, including ccsts, expenses and attorney fees caused by or ,ri"i^g "rt of any and all such cl-aims regardless of the outcome of the Gity's efforts to resolve said claims with the Contrzlctor' 3. THE PARTIES HERETO FURTHER AGFEE THAT: a. ln accordance with ldaho Code $ 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to Dl:jTRlCT by City for City's porlion of the Project shall be based on the actual quantitie s of work acceptably performed and/or installed, as determined from field measuremtlnts made by City, and paid for pursuant to the unit, andior lump sum prices, established in the CONTRACT' c. DISTRICT shall obtain City's approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer Jacilities. Prior to commencement of work by the Conkactor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable .rreas and to resolve any items of concern or misunderstanding. This Agreement may not be enlargec, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execule this Agreement and to bind the agency they represent to the ierms of this Agreement. S. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorn€y's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcemenl of this Agreement shall be instituted only in the courts of the State of ldaho, County of Ada. This Agreement shall be binding uoon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties herelo. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article Vlll, Section 3 of the ldaho Constitution. d e Page 5 of I n k, The validity, meaning and effect of tnis Agreement shall be determined in accordance with the laws of the State of ldaho. This Agreement and the exhibits hr:reto constitute the full and entire understanding and agreement between the partir)s with regard to the lransaction contemplated herein, and no party shall be liabl-. or bound to the other in any manner by any representations, warranties, covenalts or agreements except as specifically set forth herein. m The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and thr; rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. lf any part of this Agreement is ht:ld to be illegal or unenforceabte by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any riglrt or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and City. p. The headings used in this Agreemerrt are used for convenience only and are not to be considered in construing or interpr.eting this Agreement. q. This Agreemenl may be executed in two or more counterparts, each of which shall be deemed an original, but both of whictr together shall constitute one and the same. o r S t, u The parties hereto agree that nothing, herein contained shall be construed to create a joint venture, partnership or other sinrilar relationship which might subject any party to liability for lhe debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. All parties have been represented by legal counsel, and no parly shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. Time shall be of the essence for atl errents and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that City does not timely comply with any of its obligations lereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate and/or complete the City Water and Sewer Page 6 of 8 lmprovements, regardless of whethe'prior approval has been given by DISTRICT to City. lN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ITDA COUNTY HIGHWAY DISTRICT ,,r,|{uruY President, Board of Commissioners STATE OF IDAHO ) )ss coUNTYoFADA ) On this goe day of lt lL 2016, before me, the and BRUCE S. WONG, ively of the ADA COUNTYPresident of the Board of Commission rs and Director resp ect HIGHWAY DISTRICT, a body politic and cotporate, known to me to be the persons whose names are subscribed to the within instrumettt, and acknowledged to me thal they executed the same for and on behalf of said body. lN \TITNESS WHEREOF, I have herelrnto set my h affixed my official seal the day and year first above written trrt, ARY &Yra dahoNotary Publ Residing at It/y commission expires: ldaho ATTEST I Director ATTEST:CITY OF MERIDIAN Page 7 of B By:\*)* undersigned, personally aPPeared 4By J e L. Holman City Clerk By li\,tltil N+ "jSTATE OF IDAHO COUNTY OF ADA ) ) ) +lar day of 2016 before me, theundersigned, personally appeared TAMMy t.. DE WEE and JAYCEE L. HOLMAN, Mayorand City Cierk respectively of ClTy OF MEFilDIAN, a muni cipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknolvledged to me that they executed the same for and on behalf of said corporation. On this ' ^) lN wlrNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,r#i'3& i;q**,.!'$j ( Notary Pub Residing at lic for ldahoMerrliqvr. ta"n lVly commission expires: \ /z_l l:orc> o e Weerd Page 8 of I l! rk;u; t /+City ,rf Meridian Frar klin Road Black Cat Ro;rd to Ten Mll6 Road Sewer and Wrter lmprovements Constructlon Estlmate 1 0/1 6/16 Iteh Des€d 4'SANIIARY SEWER PIPE 6'SANITARY S EWER 8'SAN ARY SE|/VER PIPE ,TARY S R PIPE 15'SANITARY-EWER PIPE MANHOLE TYA MANHOLE TY B ADJUS VE BOX FIRE H ASSEMBLY B ASSEfulBLY PER SD.W13 " GATE LVE, GATE VALVE I O' GATE VALVE 6"WATER LINE 8"TER LINE 12" WATER LI E 1O' WATER LINE ADJUST MANHOLE NIGHTWORK LIGHTING RELOCATE EXISTING 2'WATER METER 1'WATER SERVICE CONNECTION ASSEMBLY PER SD W12 TY S RCL T 4'S CONN SEWER SERVICE CLEANOUT ADJUSTEXtSIN6 WATER MAIN AT NEWPIP E SSING 12' GATE VALVE 2' WATER SERV CONN HOTTAP EXISTING WATER MAI N ABANDON EXISTING WATER MAI I ABAND ON EXISTING WATER SERVICE BLOW.OFT TO GRADE IIC AIR RELEA VALVE DON EXISTIT.JG SEWER SERV CE STUB INODIFIED WATER SERVICE CON NECTION DEWATERING PE BORING ACKING 16' CASING FOR WATER MAI]'J 18'CASING FOR WATER MAIN 4'CASING FOR WATER MAIN ING FOR SEWER MAIN O" CASING FOR SEWER IVATN 12" CASr NG FOR SEWER MAIN 14" CASING FOR SEWER MAIN CASING FOR WATER I!,4AtN 20" cAstNG SE\,\rER [rAlN GRAVEL HALT REPAIR REPAIR CAVATION,IEMPORARY TR IMPORTED-IR EACKF]LL Total llem No 605,205A 605 210A 605,215A 605,220A 60s-4e0A 605-230A 605-?a5A - s600-15A s60G20A s60&30A s60G30G s600 30H s600-30t s600,45A s600-4sB s600,45c s600-45D s605 osA s901 05c s901,05H s901,05t s901-05J s901-051 s901-0sM s901-05s s901,06G s901-c6H s901-061 s901-06N s901-060 s901-06J Saoi {6r<- sso-in6l - Erol{6l,1- s904 osD s911-051 s911 05M s911-05N s911-050 s911,05P s911,05Q s911-05R s911-05S s911-057 s91t-05u s912-058 s9r-ir5D s913-0sA s913 058 s914,054 E6timaled Unit Quanlity Un't Item Tolal 272 FT $40 00 $10,880 00 FT s46.00 $10,396 00 1,959 FT FT FT $56.00 $74.00 $62,00 EACH $69 750.00 109 00 $185,518.00 $3'1,500.00 2 507 1j25 I I $46,100.C0 14 _ $3,500.00 -_-$5!A!r$400.00 $5.600.00 B EACH EACH EACiI 2 EACH 93 000.00 $2,200.00 $4,400.00 $1,300.00 s10,400.00 EACH EACH s1,600.00 I 7 2 EACH $2,000.00 $11 00.00 $4,00c.00 F1167 513 FT 2.480 FT $46.00 s30.00 s36.00 FT s44.00 $500,00 $'!14 0c $7 600 $10 00.00 $.00 10.00 1 00E4q8 LS EACH 17t, I I 4 5 EACH $10 0_00 s1 400.00 0$1 13 EACH EACI.I13 4 EACH $8,400.o0 _ $28,600.00 $9,100.00 $3,200.00 $350.00 $200.00 $700.00 ---Ssm"oo $4,550.00EACH EACH $4,000.00 $8,000.00 EACH s2,50c.c0 010,000.00 EACH EACH $2,200.00 EACH s2,000.00 - 619,800.00 $2,000,00 I 13l2 | 4_ s 2 2 1 EACH EACH EACH s1,800.00 1 $600.00 1 1 EACH L 61,0oo.oo $600.00 - $600.00 -,,!1,8oruq$700.00 1 EACI]$1,700.00 $700.00 $1,700.00 LS $20,000.001 30 $20,000 0-0 $13,500.00 $€0.00 51,760 0022 66 FT FT FT $6,600.00 FT _. $100.00 $'175.00 $3,500.00 $1,248.00 $3,348 00FTiT- 20 26 62 50 FT 560.00 s48.00 $54.!0 $1 980.00 00 23 FT $506.00 50 I $s0.00 $22,00- 0175.00FI TY'-- sV-18 80 CY $8 750.00 00.00 260.00 4,000.00 4,200 SY $70.00 --.--Sm.00- $20.00 $81,000 o3 _1,000 TON s12.00 $971,564.00 Copy ol Estimale.tls 12t2912015 City Of Ualj.<Lien DetaiLed statemen! of Revenues and Expeoditures - Rev and exp Report 3{90 - Ilate! Conltructj.on Projecte 60 - Entarplile Fllnd Ero 70/1/2076 Thlough 9/30/2017 Keith 0000 10369.b 95140 10369.c 14442 - a 10533. a 10533.b 10560.a 10560.b 10624.a 10640 10640.a 10640. c 10573 10575.a 3.618.00 152,895.32 10, 050.00 813 . 09 36,344.44 \1,162.35 ) 86,280.03 158,609.00 3 ,214 .54 55,706.00 833.591.51 (3, 618 . 00 ) t162,895.32) (10,050.00) (813 . 09 ) (36.340.44) 1,162.35 (86,280.03) (158,609.00) (3,214 -54) (ss,706.00) (833,591.57) Budget with Amendmen! s Current Year Actual Budqet Remaining Percent of Budget Remainlnq Capilal Outlay }JATERL]NE EXTENSlONS NON_DEPARTMENTAL Franklrn - Black Cat to Ten MiIe Sewer and Water Improvement 2, L99 t 999.96 0 .00 0 ,00 0 .00 653.87 2,t99t999.96 (653. 87 ) (9,245.21) 100.009 0 .00r 0 .009 ACITD Eranklin Rd: Black Cat to Ten Mile S 6 W 6 Lights Cons ACITD Ustick, Linder to Locust Grove Utitity Impr. - Construc ACHD Ustick Road Rebuild: btwn: Linder Rd and Locust Grove R Amity and Meridian Road WaterIiDe Extensj,on, Locust Grove Rd Amity and Meridian Road WaterliDe Extension, locust Grove Rd Watelline Ext Amity Rd-Locust Grove to 610 | East Design C.OC 0.00 0.00 0.00 0.00 0.00 0.0c 0.00 0.00 0.00 0.00 0.00; 0.003 0.00* 0. 00t 0.00t 0.009 Amity Waterline Extension - Locust Glove Eas! Biltmore PRV Equipnent ACHD Linder Road Eranklin Road to RR Tracks - Design & const 0. 00 0. 00 9,695,16 20, 000. 00 (9,695.16) (20,000.00) 0. 00s 0. 00* 0.00r 0 .009 10581 10591. a Reflection Ridge PRV Equipment ACHD Melidian Rd Utj.lity Improve. Design Cherry to Usti.ck 0 .00 0.00 23,O93.42 18,602.00 t23,a93.42) 118,602.00) liater Main Extension, W tunity Rd and S Linder Rd - Design Water Main Extensl,on, E Lake Hazel Rd and S Locust Grove Rd Wate! Main Ext., E Lake Hazef Rd and S Locust Grove Rd - Des Locust Grove 6 Lake Hazelwaterfine Extension -Construction 0.00* 0.003 0.00r 0.00E 10'724 10'724.b 10't29 10?60 Bainbridge PRV Bainbridge PRv Install North Pennqrove Way -water Main Connection Cherry Lane PRV Carryforward Tota] Capital Out]ay 0 .00 0 .00 0.00 22,04',7.99 lL,276-15 35,128 .62 122t04'7.99) 117,216 .15 ) (35,128.62) 0.008 0.009 0 ,00* 0. 00 2,000,339.88 7,050.00 0. 00 (7,060.00) 2.000.339.88 0. 00s 100.00* 4,204,339.84 1,516,598.65 63.89* TOTAL EXPEND]TURES Daier l0/ 11l 17 12:23:44 Pt{ 4 200 339.84 1 516 698.66 63.89t 10432.b _2_93215!]-_!3_ 2,683,641,18 City Of I'blidian Detalled Statement of Revenues and Expenditures - Rev and Exp Report 3590 - Bll Con6tluctioa Proj€cte 60 - Eate4rrj.so Frnd Fto 1A/7/201-6 Through 9/30/201? xeith 93505 10369.b Capitaf Outfay Sewer Line Extensions rranklin - Black Cat to Ten Mrle Sewer and Water fmprovement ACHD Frankfin Rd: Black Cat to Ten M.ile S & W & Lj.ghts Cons ACIID Ustick, Linder to Locust Grove Utility Inpr- Construc ACHD Ustick Road Rpbuild: btwn: Linder Rd and Locust Grove R ACttD lander Road I rankLln Road to RR Tracks - DeslgD & const ACHD Meridian Rd utility Improve. Design Cherry to Ustick Budget with Curlent Year Actual Budget Remaining Percent of Budget Remaining 1,160,000.04 0. 00 0 .00 300.22 1,150,000.04 1300.22) 100.009 0.00* 10369.c 70432.b 10442.a 10515.a 10591. a 10 614 1051.4 . a 10614. b 10614. c 11, 955. 00 174,242.L2 6, r00.00 8,O42.O0 1,500.00 209, 181 -29 0.0c (11,955,00) \Llo,242.L2) (5, ?00.00) (8,042.00) (1,500.00) t27,9t7.40) t192, 604.30) 1443,632.2',7) ( 61, 118 .00 ) (2O9,141 -29), 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0. 00 0.00t 0.00* 0.00e 0 .00* 0.00* Bfack Cat Trunk Sewer - Phase 5 Black Cat Trunk Sewer - Phase 5 - Design Black Cat Trunk Sewer - Phase 5 - Construction Black Cat Trunk Sewer - Phase 5 CoDstructi-on Services 21,911 .40 192,504.30 443, 632 .21 61,118.00 0 .00r 0.00$ 0 .00t 0.008 L0514.d Simplot RV Relocation Pad - Construction welf 28 Water Treatment Water Maio Replacement Pine Ave NW 1st to NW 3 - Design 0 .00 4, 629, 564 .28 0.00? 10641 10708.a 0.00 0.00 a,125 .00 5,181.00 t4,'725 .O0) (5,181.00) 0.00 3 0 .009 Carr,Carryforward Total Capital Outi.ay 4 , 629, 464 .2A 5,789,464.32 7tA11,164.20 4 112 300.12 81.399 TOTAL EXPENDITURES 5,189,464.32 I all 164 -20 4,172,34O.12 81.39* Dat:e. Ia/71/1'1 t2 t23t2a I DATE: October 17, 20170T,Piq HUVVI U, E-Ro 600 PROJE-CT NUMBER- ITEM UMcER- ITEM TITLE. Approval of a Sole Source Purchase for ten (10) WRAP Restraints from Safe Restraints, Inc. for the Not -to -Exceed amount $12,885.00. MEETING NOTES 5 Community Iters/Presentations Presenter Contact Wo./Notes CLERKS OFFICE FIJVAL AC TIOiV DATE. E-IVIAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Stacey Pechin; Jeff Lavey, Chief of Police Date: 10/12/2017 Re: October 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 17 th City Council Consent Agenda for Council’s consideration. Approval of a Sole Source Purchase for ten (10) WRAP Restraints from Safe Restraints, Inc. for the Not-to-Exceed amount $12,885.00. Recommended Council Action: Approval of Sole Source Procurement upon completion of advertising per Idaho State Statute 67-2808. This purchase is part of the approved 2018 Budget. 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: 208-887-4813IDAl'lO CITY OF MERIDIAN SOLE SOURCE FORM Date ct.2.2017 The WRAP Restraint Svst em X Sole Source: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. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) This product falls under the following criteria per State Statute 67 -2g}g (ii) . Where the compatibility of equipment, components, accessories, computer software, replacementparts or service is the paramount consideration; (v) The purchase of property for which it is determined there is no functional equivalent; Additional Justification: The WRAP is the only 3 piece restraint system of its kind, with a locking shoulder harness, legrestraint, and ankle strap that all work together to place the prisoner in a seated position. lt is the only system available that can be applied this quickly. lt is the only complete system that canadjust to allow range of motion for walking. ' lt was developed with EMS and Law Enforcement trainers together to reduce injuries or death toprisoners who are still combative after being taken into custody. ' lt reduces damage to patrol cars from prisoners who are still violent after being arrested.o lt allows prisoners to be transported upright. They have no breathing restrictions from past methods of violent prisoners sometimes being transported in a prone position. prisoners ormental health patients can even be transported in a safe and secure manner in an ambulance ifthey need medical treatment from the initial field situation.o lt eliminates prisoners being able to further hurt themselves by banging their head or face while being transported. Item or Service: 712 Bancroft Rd. Suite 782 Walnut Creek, Ca 94598-1531 **************WRAP Safety Restraint Price Quotation*************** To: Stacey Pechin From: Charles Hammond Date: September 19, 2017 Subject: WRAP Price Quote Per your request, the following is a price quote for 10 Complete WRAP Restraint Systems. I have included a Volume/THANK YOU discount for all the support and referrals! It is VERY appreciated. Please share my gratitude with Lt Brown! 9 Standard WRAPs @ $1300 each $11,700.00 1 Small WRAP @ $1300 $1300.00 Volume/THANK YOU FOR YOUR SUPPORT Discount <$500.00> Shipping/Handling $385.00 Sales Tax $0 Total $12,885.00 Thank you for your loyalty to The WRAP, Charles Charles Hammond It minimizes the force needed to put a violent prisoner in a patrol car since they are simply carried into the car rather than being forced by other necessary means. It also has a psychological effect on those violent prisoners who are trying to portray a tough image in the street and at the jail. The WRAP puts them in a helpless position and takes away their tough guy image both in the street and when they arrive at jail. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Requestor (Print Name) Depa ` anager Signa Council Approval j0/ I / Date: l Purchasing Approval: /c> > 2 7 Purc mg Manager City Of lierj.dian StatemeDt of Revenues and Expenditures - Rev and Exp Repor:t - Sandra - Unpostecl Transactions Included In Repoat 01 - C€n6.a1 Fu:rd 2123 - Unifore PatrolB Fron 10/). /201'7 Throlrgh 9/30/2018 Budget with Actual Budget Remarning 95'.82 95 -82 51, 983 . 10 51, 983 . 10 je -822 99.825 OPERATING COSTS Equipment & Suppfies TOtAl OPERATING COSTS DEPT EXPENDITI]RES TOTAL EXPENDITURES Percent of Budget Remaining 54000 ala .925 9s.82 51,983.10 99 -822 52,0',78.92 95.82 Dat.: tA/12/t1 IO:42:02 Arl 52,O 7I -92 52.118 -9? 51, 983 . 10 99 -822 CQ�E IDIZ IAN;_-- CITY OF MERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) 489-0417 FAX: (208) 887-4813 SUGGESTED VENDOR Safe Restraints Inc. 712 Bancroft Rd. Suite 782 Walnut Creek, CA 94598-1531 CITY MERIDIAN Police DATE OF REQUEST 9/20/2017 AVAILABLE BUDGET AMOUNT $13,000.00 IS BUDGET AMENDMENT REQUIRED? NO CASE MANAGEMENT TICKET NO. PROJECT MANAGER PAYMENTTERMS NET 30 FREIGHTTERMS PREPAID F.O.B. DESTINATION REQUESTOR Stacey Pechin Stacey Pechin PROJECT NAME: PO Request to place order for Qty. Description of Purchase PART NUMBER I DESCRIPTION / COMMITMENTOTY TASK ORDER / CONTRACT / PROJECT DESCRIPTION 9 Standard size and 1 Small size WRAP restraints ten WRAP restraints per approved FY18 Enhancement Quantity and Pricina ACCOUNTINGCODES UNIT UNITPRICE ]FUND DEPT EXPENSE CODE GLACCOUNT# 1 2123 ORPROJECT/ COMMITMENT# 54000 $ 12,885.00 $ $ $ NOTES: Council Approval Date: AUTHORIZED COUNCIL SIGNATURE if fe and lAlt(�.. E T ENTSI6NATURE $12,885.00 V v / Pr DATE-. October 17, 2017 FENN HUM ER: 6P PROJECT NUMBER- ITEM UMSER ITEM TITLE: Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed approved budget amount of $256,500.00. MEETING NOTES Community Item/Presentations Presenter Contact Into./Notes CLERKS OFFICE FIMAL AOTBOIV DATE: E"MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS  Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Karie Glenn Date: 10/6/2017 Re: October 17th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 17th City Council Consent Agenda for Council’s consideration. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $256,500.00. Recommended Council Action: Approval of Agreement Renewal on a unit price basis for the Not-To-Exceed budget amount of $256,500.00 and also authorize Purchasing Manager to sign the Purchase Order for the Not-to- Exceed amount of $256,500.00. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKTIST PROIECT INFORMATIONI Document Specialists BDS)ntractor/Consultant/Design Engineer:Consultant - Billi BDS Agreement RenewalProject Name Date 70/612077 Fina nce Contract Amount S2sG,sooProiect Manager: Karie Glenn BUDGET INFORMATION Pro ect Manager to ComI t.Contract Type Fund: Department GL Account Project Number: Budget Available (Purchasing attach report) vesBNoO FY Budget FY18 60 3300 56102 Will the project cross f iscal years?YesE ruoE Enhancement: yes tr NoE Construction E Task Order E ProfessionalService El Equipment E Grant E GRANT INFORMATION - to be com on Grant fundedtv ectsleted Wate Verification 10 Oayspriorto bid due date N/A Grant f Print and Atta.h the determination Prini, attach and amend bd by addendum (fchanted)www.sam.gov Print and attach Wage Determination Received N/A 0ebarment Status (Federal Funded) N/A BASIS OF AWARD BID RFP / RFQ TAS( ORDER Award based on Low Bid Hi8hest Ranked Vendor Sele.ted (Bid Results Attached)ves O NoE (Ratinss Attach ed ) yes E No E Master Agreement Category Date MSA Ro5ter Approved: N/A lf no pleas€ state circumstances andconclusion YesENoE N/A 7 day protest period ends N/A CoNTRACTOR / CONSUTTANT REqUIRED INFORMATTON Expiration Date N/A Corporation Status Current Rat ng lfyes, has policy b€en purchased? Rat ng nsurance Certif icates Recetved (Oate) only .pplic.bale ror p.oj..ts .bov€ S1,ooo,oo) Payment and Performance Bonds Received (Date) Builders Risk lns. Req'd: yes D ProiectTASK ORDER SETECTION to E 1 Pe.formance on past proiects El Ouality of work O On Time E 2 Qualified personnel E 3 Availabilit of personnet E 4 Local of personnel Reason Consultant Selected Check ollthot opply E On Budget E Accuracy ofConstruction Est M Oes€ription ofnegotiation process and fee evaluetion lro oate v t.AWARD INFORMATION ApprovalDate By NTP Date October 9,2017 oate lssued: Date Submitted to ClerkforAgenda Purchase Order No,: WH5 submitted REQU ESTING DEPARTMENT Change Order No.lsthir a change order? v"t D lo E Expiration Date: -......._- RlutilE nqEailEilr sPtt tAusrs CUSTOMER SERVICE AGREEMENT RENEWAL with City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws ofthe State of Idaho and City of Meridian, hereafter referred to as CLIENT. This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: First Page ea ch lncludes print, fold & lnsert, B 1.0 Double window Additional Pages Manual Files Merged like names or names & addresses to save0.13 ea ch each u pd atePer Data File UPSP NCOA moved address changes, includin postage u es per envelopeto7a merged mailin over 7 es to flat envelopes & tinted # 9 return envelope o.2t 5.50 - 7 .50fast forward ing reports and opt out options Cost depending on file size USPS posta e at cost for all mailingseach average0.3 8Postae Postings ost to the web, electronicallyReceive mail, open, scan,per transaction0.095 depo sit funds and create import file to A/R Post pdf images of the billing statements to the BDSeach0.01Web postings tocat,208.459.3811 rar 208.459.i880 ErEil: i, o@bi|Iit gloc.con t:l tr:ttltl:t l:*l:1ta Statement Processing 0.18 Lockbox Services: EIutilE nqaailEilr sPttIILIStS Admin Web site / on line payment site On line bank check 0.15 per transaction Set up programming with each processor to receive data files of transactions, previously received as paper checks, processor then ACH deposits the fund direct to the Bank. Shredd ing 10.00 month BDS has all checks and documents shredded per P O Box Renta I at cost 6 month rental on UPSP P O Box for receipt of payments Ma intena nce 1s0.00 month Maintenance for on line web and OTC payment solutions Processor Fees Gravity will invoice the City direct to all rocesst fees for Credit Cards. Profit Stars / Jack Henry Associates will bill the City direct for all check processi fees. BDS will be the direct customer service link to these processors. N o- 2 gl5 llain Slreet local: 208.451.3811 loll fraa, 800.827.3283 rar 208.459.3880 Emil: ioloebillingdoc.can lltItI EETIiT'l regulations. - I tr z cn 1 0)X f m 0 O CA ' m 0 --j 0 0 C �•, z Q, D S m , m o z m • W o C z m G) D 0 --1 m • m z X 90 m m z^ • C Q, m z z z s qLo 3 /0� ' l J O m m z O_ O -u -n ' M m z NN D� o o � °; o -+ y LI o O vi D m O • 0 m O w • w o . o z D a • O o 0 i z v C O o m p z N ;a mz • JD N C • N c m • 0 F X T 1 YI b9 69 lw !fl ffl 69 ffl Efl Efl (e N C�1 N O p O 00 O orr X v rr c m 0 ca W D cn ►-i �Dz 0 o (J)c n C) C:) Z w ♦ I o m ca 0 m m 0> y Fn ° 00 z D f° A -< c K • 4TW m co -N rn m M M .'. J Z �n Cp 0 • n 3 m X _v D z Inbound Set up with Credit Card Payments N/C N/C IVR Automated phone payments BDS will pro rani a dedicated phone number for Clients customers to call Inbound ( VPS) to check balances leave messages and or make credit card payments. This Per call for balances and messaging is t touch activated system. Import files and posting of payment without payment transactions $0.25 $0.25 to theAdminWeb Site details by customer search and reporting the same as all other payment services. Per call payment transaction $.75 $,75 Some Client are passing on the per transaction fee to the customers, BDS advised the user that the fee will apply and totals the amount due. The fes are -separated front the payments inthe import file so that only the amount due is post to the account. LOCKBOX SERVICES: BDS agrees that there are no changes in the lockbox services front the prcviousty dated contracts for the period of this agreement. This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006. By signing below the Client will accept the extension of the services as detailed for the next fiscal year October 1, 2017 to September 30, 2018 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian Signature Date 10/ 17 Please T,�'1?e or Print Aut orizing Party Name I(� i `t1i C'Vwva Acceptance for. Billing Document Specialists SiSi n� i Date; 09/22/2017 W, v MVcbcrs AM acts +ed,04(.Ub. I City Of Moridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - unposted Transactions Incfuded In Report 60 - Ente4rrise Eund 3300 - Mr.rBs Fron 7a /7/2011 Throuqh 9/30/2018 Budget with Current Year Actual OPERATING COSTS Postage & Mailings TOIAI OPERATING COSTS 260,000.04 260,000.04 0.00 0.00 264,044.44 2 60, 000 .04 Budge t Remal ning Budget Remaining 100.00* 100.00: 56102 DEPT EXPENDITURES TOTAL EXPENDITURES 260,000.04 250,000.04 0.00 0.00 260,000.04 260,000.04 100.00'i 100.00t Date: 10/ 6/ 17 tI,22:2A tt4 A,CORD'VALLINF-01 CERTIFICATE OF LIABILITY INSURANCE 'toto6t2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERIIFICATE HOLDER, THISCERTIFICATE DoEs Nor AFFIRMATIvELY oR NEGATIVELy AMEND, ExTEND oR ALTER THE covERAGE AiFonoeo gyttepoLtctes BELOW. THIS CERT'FICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. M OR ANT T ifirttI ate oldeh I DAD the iNALITIONIRSUDE mu st ADpol DIT oI NAL UNS ER Dv()f be dopro rs d. U RB GAo toT N IVE D the te na d nbiect d itio of ht certa n oliciespol i an dors ment stat entm ncypmayreqhtirtcateifidoonotritotheifirthtdtichdos llcorp.com su Tho Hartwell Comoration PO Box 4OO Caldwell, lD 83606 Valli lnformation Systems lnc dba Billing Documents Specialists 9'15 Main Sl. Suite 1000 Caldwell,lD 83605 ftI. ""r,(zre !sr-l l r -E;-+- ES TIFICATE N R IJMBER: IN TANDI CE RT ToTs TT EH POL C OFES L TES D BE OW H E AE EN UISS TOED ETH NS REU NAD EDI\,1 ABOVE FO THR POE ICY PE R o DDTCADENOTWTHSNGNYTEORRMoCTRACTONOROTHDER[,1ocu ENT RESH TOPECT lcH STHIEUssDEoPETHNNSRANUECFORDEDTBYHEPOLICSDCRIBESEDHRE1ENSSECTUBJTOLLTHTERMEs.CLEX sU ONS N COND SD]TION sOF-HUC L ITM sS OWNHICPOLES VE ENBE CREDU DE B AI CLAID MS SUNSUCE NU T5 ] cLArMs MAoE 345BAPR2982 04106t2017 04/06/2018 JECT GE N'L REGAAGG LMTE T x LICY c ES l x COMUERCIAL GENERAL LIABILITY 2,000.000I PRoDUcrs -coMP/oPAGG I s 10,000 '1,000,000 2,000,000 1,000,000 1,000,000f occu*L L L BODiLY + COMB]NED SINGLE(EaaccdentL LIMiTAUIOMOBILE L'ABILITY OWNEO AUTOS ONLY HIREDAUIOS ONLY I BODILY lNJtlRY (P pe$n) |gSCHEOULED AUTOS "f ]occun i f 1 crarus-ueoe EMr@N$ 10,000 BAPR2982 $34S EH OCCURREN GREGATE 0410612017 0406/20'18t;il.t MBU ESSx B 3,000,000 3,000,000 OTH,B WORKERS COMPENSATIONAND EMPLOYERS'I.IABILITY ANY PROPRIETOR]PARTNFR QFFICEtt'MEMBER EICLL]DFD'( andatory h NH) 10101t2017 10101t2018 '1,000,000 N sE L EACH ACCIDENT f,*o',ruur*u*1,000,000 1,000,000E!.qlsEAsEjfl\ EMP SEASE DESCRTPT|ON OF OPERATTONS / LOCATTON S / VEEIC LES (ACORO 1 ()t Addtional Romart(s Schedute, may b. anach.d lt moro 3p.c. is rcquk.d) acoRD 2s (2016/03) R The ACORD name and logo are registered marks of ACORD TE TION O 1988-2015 ACORD CORPORAT|ON. A rights reserved. K SHOULDANYOF THEABOVE DESCRIBEO POLICIES BE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED INACCORDANCE wllH THE POLICY PROVISIONS, City of Meridian 33 East Broadway Ave Meridian, lO 83642 AIJTHORIZED REPRESENTATIVE INSURER(S) AFFOROING COVERAGE rNsuRER A Sentinel lnsurance Cg,Limited l!!!!rBEa! I l 1rsune4qlOhioCasualbllns Co THIS INSURANCE REOUIREMENT CONDIIION CERTIFICATE Meridian City CouncH Meedng D����o October 17, 2017 �TEWl� H, UWlBEP — 60 PROJECT NUVVI ER - ITEM TITLE: AP Invoices for Payment - $2,939,838.27 MEETING NOTES Community Item/Presentations Presenter Contact Into./Notes CLERKS OFFICE Gdl9AL ACTIOiV DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS Nameplates for Chamber / Charlene Way & Kim Warren - Qty 2 20.00 01 General Fund A-CORE OF BOISE, INC.downtown concrete grinding 467.50 01 General Fund ADA COUNTY PROCESSING CENTER Release of liability, 2004 Ford 4D, Vin# 131877, FA# 111076 3.50 01 General Fund ADA COUNTY PROCESSING CENTER Release of liability, 2005 Ford 4D, Vin# 137575 3.50 01 General Fund ADVANCE MARKING SYSTEMS 220/72 passports for 12 new recruits 102.19 01 General Fund ALL AMERICAN INSURANCE notary public renewal for R Myers effective 9/29/17 50.00 01 General Fund AMERICAN DOOR SERVICE Repair Door Handle on Admin Door Upstairs 280.00 01 General Fund AMERICAN MECHANICAL CORP 220/Repair HVAC @ St. 2 370.15 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS 17-0309 Billing for City of Meridian- Meridian CIty Hall Cam 4,916.98 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS Additional card reader installed, City Hall 2,103.25 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS Card Reader Addition City Hall 1,391.47 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS Door repair at City Hall 1,804.32 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Ballast, Lamp & Photo Cell on Pole 41359C, 196.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Replaced Lamp, Ballast, & Photo Cell on Pole 29184C 196.50 01 General Fund BOE - Boise Office Equipment XPN547404, Additional Copies 8/22/17-9/21/17 152.32 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 10/2-10/6/17 qty 24 games 1,091.28 01 General Fund BONNEVILLE BLUE PRINT SUPPLY smart level for Lanark Parks Shop - qty 1 210.00 01 General Fund BRIGHTON PROPERTIES, LLC Refund, Surety-2017-0017, Hill's Century Farm Sub #4, Releas 31,743.80 01 General Fund BUCKS BAGS INC 220/Wildland progressive hosepack bag 72.00 01 General Fund BUTTE FENCE, INC repairs to Water Dept. fence at Settlers 468.33 01 General Fund CALDWELL TRANSPORTATION, INC Commission's 9/13/17 annual facilities tour busing 380.00 01 General Fund CDW GOVERNMENT Motion C5/F5-Series Film 62.29 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226373, Pay City Fuel September 2017 14,377.97 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES 7898226399, Fuel for PD Sept 2017 17,124.28 01 General Fund CITY OF BOISE IT COMMUNICATIONS ETS Monitoring for Sept 2017 145.42 01 General Fund CONSURCO INC 17-0403 220/seal floors in workout rooms all stations 13,300.00 01 General Fund CS2, LLC Refund, Surety-2016-0118, Bienville Square #3 Townhomes, Lan 4,400.00 Date: 10/12/17 02:45:52 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 D & B SUPPLY 220/2 Cast iron griddles for St. 1 & 2 65.98 01 General Fund D & B SUPPLY Dog Food for PD K9 - Qty 1 Bag 44.99 01 General Fund D & B SUPPLY uniform winter coat for B Day - qty 1 129.99 01 General Fund DA VINE AIR LLC 17-0404, Duct Cleaning at Fire Station #1, 8/31/17 740.50 01 General Fund DA VINE AIR LLC 17-0404, Duct Cleaning at Fire Station #3, 9/1/17 985.62 01 General Fund DA VINE AIR LLC 17-0404, Duct Cleaning at Fire Station #4, 9/7/17 1,018.88 01 General Fund DA VINE AIR LLC 17-0404, Retainage for Duct Cleaning at Fire Station #5, 9/8 347.50 01 General Fund DIVISION OF BLDG SAFETY Annual Elevator Certification 2017 125.00 01 General Fund ENVIRONMENTAL CARE ASSN OF ID MPR Dept membership dues - 7/1/17 through 6/30/18 100.00 01 General Fund FASTENAL COMPANY bolts for picnic tables - qty 900 66.45 01 General Fund FASTENAL COMPANY jack hammer repair bolts for Parks Shop - qty 14 7.42 01 General Fund FASTENAL COMPANY zip ties & sticky tabs - qty 1100 58.61 01 General Fund FERGUSON ENTERPRISES INC.compression coupler downtown tree parts - qty 131 937.04 01 General Fund G.W. LAW ENFORCEMENT & SAFETY EQUIPMENT, INC Glock Mag Springs 82.00 01 General Fund H.D. FOWLER COMPANY credit on Storey two-wire grounding rods - qty 2 (36.52) 01 General Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, September 2017 1,983.13 01 General Fund IDAHO BRUSH CONTROL Weed Abatement for 2050 N. Dixie 250.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES business cards Jason Grueber & Sam Zahorka 79.90 01 General Fund IDAHO POWER 2203586629, Street Lights Power September 2017 26,591.61 01 General Fund IDAHO PRESS-TRIBUNE 2017 Fall Activity Guide ad inserts 150.00 01 General Fund IDAHO PRESS-TRIBUNE 2017 Fall Activity Guide publication - qty 29,000 1,798.00 01 General Fund IDAHO STATE POLICE Background Checks for Solicitors License - Qty 5 185.00 01 General Fund IDAHO STATE POLICE ILETS Network Access Fee for Oct - Dec 2017 3,125.00 01 General Fund IDAHO STATE TAX COMMISSION Sales Tax Sept 2017 629.55 01 General Fund IDASEW, LLC 220/Hemming & apply jacket patches, work done in Sept 2017 52.50 01 General Fund INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. Pre-Employment Exam Forms - Qty 32 818.00 01 General Fund JAYKER WHOLESALE NURSERY 17-0398, discount credit invoices 146125, 146751, 146395 (330.81) 01 General Fund JAYKER WHOLESALE NURSERY Sunset Maple trees for Bear creek Park - qty 6 1,374.00 01 General Fund JAYKER WHOLESALE NURSERY various trees for Kleiner Park arboretum - qty 9 1,626.32 01 General Fund JEFFREY BROWN Per Diem, J. Brown, FTO-Supervisors, Administrators, & Coord 288.00 01 General Fund K-9 DISTRIBUTING Dog Food for K9 Max - Qty 6 Bags, 3/12/17, 6/30/17, 9/26/17 204.00 01 General Fund K9TACTICALGEAR.COM Patrol Lead for K9 Unit 33.00 01 General Fund KANAK ATTACK CATERING Food for PW Employee Picnic 27.95 Date: 10/12/17 02:45:52 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 KIRBY GRAPHIX 220/5 Public Education banners 582.35 01 General Fund L.N. CURTIS AND SONS 220/1 swivel adapter, long handle, training 140.44 01 General Fund LARSON-MILLER, INC 220/Medical waste disposal, St. 4 78.16 01 General Fund LEA ELECTRIC, LLC.220/Repaired 8 cord reels in bays at St. 1 689.00 01 General Fund LINDGREN LABRIE ARCHITECTURE PLLC project scoping & schematic design-Kleiner bandshell shade 3,500.00 01 General Fund MARK FORD Per Diem, M. Ford, FTO-Supervisors, Administrators, Coordina 288.00 01 General Fund MERIDIAN SYMPHONY ORCHESTRA orchestra performance for Gene Kleiner Day 9/16/17 2,500.00 01 General Fund MOTOROLA 220/2 remote speakers, 10 batteries,3 Antennas, Communicatio 1,901.65 01 General Fund MUNICIPAL EMERGENCY SVCS 17-0421 220/4 SCBA Regulators 5,520.16 01 General Fund MUNICIPAL EMERGENCY SVCS 17-0421 220/12 M & 12 L SCBA Masks 7,063.78 01 General Fund MUNICIPAL EMERGENCY SVCS 220/Repair SCBA & Regulator 522.00 01 General Fund NAPA AUTO PARTS Air Filter ( Gold), Air Filter, Beam Blades 52.96 01 General Fund NAYLOR & HALES, P.C.Legal Service on Bittercreek Matter, 9/11/17 315.00 01 General Fund NORCO cylinder rental for welding gas - September 2017 40.80 01 General Fund NORCO flap wheel abrasive for Parks Shop - qty 4 18.53 01 General Fund NORTHWEST HARDSCAPE SPECIALTIES downtown brick leveling 3,214.00 01 General Fund OFFICE DEPOT, INC.220/Office supplies to stock all fire stations 688.29 01 General Fund OFFICE DEPOT, INC.220/Office supplies, stapler, lam pouches, manila env, pads 129.41 01 General Fund OFFICE DEPOT, INC.computer monitor stand - qty 1 25.21 01 General Fund OFFICE DEPOT, INC.Copy Paper for Newsletters & General Use - Qty 7 196.69 01 General Fund OFFICE DEPOT, INC.Crime Prevention Printing for TVYSS Toolkits 407.50 01 General Fund OFFICE DEPOT, INC.Gel Pens - Qty 1 Dozen 10.43 01 General Fund OFFICE DEPOT, INC.highlighters, pens, post-its, corr. tape, notebooks, tape di 206.46 01 General Fund OFFICE DEPOT, INC.Holder, Paperclip, Mesh 2.68 01 General Fund OFFICE DEPOT, INC.Mr Clean Magic, Notebook, Business 5x8, Tape industrial labe 49.65 01 General Fund OFFICE DEPOT, INC.Notes, Post-it, 3x5, Rec, 5Pk, Markers, Flip 6.30 01 General Fund OFFICE DEPOT, INC.office supplies foam wristrest 4.28 01 General Fund OFFICE DEPOT, INC.paint markers for ADA picnic tables - qty 4 9.96 01 General Fund OFFICE DEPOT, INC.Stand n Store, Five 3.22 01 General Fund OFFICE DEPOT, INC.tape cartridge for labeler - qty 1 9.99 01 General Fund OFFICE DEPOT, INC.Toner, Paper & pens 720.83 01 General Fund OFFICE DEPOT, INC.Wastebasket, Highlighters, Planners, Scissors, Paper, Pens 147.07 Date: 10/12/17 02:45:52 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 OFFICE TEAM cotract labor w/e 9/29/17-John Hale-Records Retention, 38Hrs 695.78 01 General Fund OFFICE TEAM temp labor w/e 9/22/17-John Hale Records Retention, 38.75 Hr 709.51 01 General Fund OPTIV SECURITY INC HIPswitch Appliance 100-E, 2 Ethernet Ports, a Serial consol 2,530.64 01 General Fund OXARC, INC.220/4 medical oxygen 24.10 01 General Fund PAIGE MECHANICAL GROUP, INC.Boiler leak repair City Hall,1,284.53 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 65.11 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 12 24.79 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 29 167.83 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 31 41.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 6 95.57 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for truck 14; super unleaded fuel for Ventrac 48.04 01 General Fund PLATT Light bulbs 570.90 01 General Fund RODDA PAINT COMPANY Paint for City Hall 31.50 01 General Fund RODDA PAINT COMPANY paint supplies for restroom walls - qty 16 35.81 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 9/6-9/27/17 - qty 9 201.60 01 General Fund SHRED-IT USA, LLC.Document Shredding for Finance, MUBS, & Clerks - Sept 2017 120.71 01 General Fund SHRED-IT USA, LLC.Document Shredding for PD Sept 2017 221.20 01 General Fund SIGNS, ETC ADA stencil for picnic tables - qty 1 21.00 01 General Fund SIGNS, ETC Radar Trailer #1, Remove Graphics 135.00 01 General Fund SIMPLEX GRINNELL 18-0033, Service October 2017, Fire alarm monitoring all loc 466.74 01 General Fund SOUTHERN IDAHO ELECTRIC repairs to conduit from Kleiner tree planting 89.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF041 Preventative Mtnc 1,020.77 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test MF009 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test MF014 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/pump test MF018 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test MF019 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test MF021 275.00 Date: 10/12/17 02:45:52 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test MF040 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test, MF008 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test, MF037 275.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Pump test, MF041 275.00 01 General Fund SYNCB/AMAZON 220/5 pkgs zip ties for all stations 53.85 01 General Fund SYNCB/AMAZON 220/8 sets wireless keyboards with mouse for Admin & Station 359.92 01 General Fund SYNCB/AMAZON 220/Coffee filters, ST. 1, Bags for uniforms/clothing 38.37 01 General Fund SYNCB/AMAZON Bestek 400W Power Inverter DC 12v to AC110V Car Adapter 35.00 01 General Fund SYNCB/AMAZON Mount-It Dual LCD Monitor Desk Mount Stand Heavy Duty Adjust 36.49 01 General Fund SYNCB/AMAZON MPR staff & Commission holiday gifts - qty 40 279.80 01 General Fund SYNCB/AMAZON Signature 100% Columbian Coffee Supremo Bean Dark Roast-Fine 32.90 01 General Fund THE CAR PARK Court Parking for MPD / Sept 2017 118.00 01 General Fund THE UPS STORE Postage to Mail Taser for Repair 11.17 01 General Fund THE UPS STORE Postage to send Evidence to Lab 42.91 01 General Fund TODD BANTA 220/10 hoodies for Recruit Academy, Cadre 225.00 01 General Fund TROPHY HOUSE PROS softball champ trophy - qty 1 29.07 01 General Fund U.S. TENNIS ASSOCIATION USTA membership dues for M Barton 11/1/17-10/31/20 100.00 01 General Fund UNIFORMS 2 GEAR BDU Pants to replace pants damaged on duty for Messenger 77.50 01 General Fund UNIFORMS 2 GEAR Gold Lt Name plates for M.Ford & S.Harper Promotion 50.00 01 General Fund UNIFORMS 2 GEAR Lt Bars for 2 for M.Ford & 2 for S.Harper 22.00 01 General Fund UNIFORMS 2 GEAR Lt Bars for Lt. Brown & Lt. Stokes 11.00 01 General Fund UNITED HERITAGE INSURANCE 02065-001, October 2017 Premiums 13,507.86 01 General Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, October 2017 4,314.53 01 General Fund USSSOA Flag Football officiating 9/25-9/29/17 - qty 7 554.19 01 General Fund USSSOA Volleyball officiating for games 9/25-9/29/17 - qty 51 1,112.94 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 742047228-00001 Parks HPN Modems FY18, 9/2/17-10/1/17 147.24 01 General Fund WAHOOZ FAMILY FUN ZONE 9/29/17 end-of-season MPR staff team building - qty 40 759.60 01 General Fund WAHOOZ FAMILY FUN ZONE Food, Game Tickets, Room Rental for Treas Valley Safety Summ 2,915.92 01 General Fund WEBSEDGE LIMITED 17-0369 Production of Film / News Program @ IACP 11,000.00 Date: 10/12/17 02:45:52 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 Total 01 General Fund 214,948.35 07 Impact Fund BONNEVILLE BLUE PRINT SUPPLY South Meridian Regional Park prints - qty 732 131.76 07 Impact Fund ESI, INC 17-0262, Reta Huskey Park CM Services - 9/1/17-9/30/17 311,300.12 07 Impact Fund JAYKER WHOLESALE NURSERY 17-0398 various trees for Hillsdale Park - qty 36 7,839.90 07 Impact Fund JAYKER WHOLESALE NURSERY 17-0398, discount credit invoices 146125, 146751, 146395 (655.02) 07 Impact Fund PREMIER WIRELESS SOLUTIONS, INC.SIM card for cell modem at Keith Bird Legacy Park - qty 1 14.72 07 Impact Fund PROBUILD cedar posts for dog stations at Keith Bird Legacy Park x 12 284.16 07 Impact Fund PROBUILD concrete for Reta Huskey Park trash can - qty 9 bags 40.41 07 Impact Fund RODDA PAINT COMPANY touchup paint for flower pots at Reta Huskey Park - qty 1 qt 11.11 07 Impact Fund VICTORY GREENS lava rock for flower pots at Reta Huskey Park - qty 2 87.90 Total 07 Impact Fund 319,055.06 20 Grant Fund governmental ADA COUNTY HOUSING AUTHORITY 18-0039, Reimburse CDBG Homebuyer Assist Program 15,000.00 20 Grant Fund governmental ADA COUNTY HOUSING AUTHORITY 18-0039, Reimburse CDBG Project, Down Payments, Homebuyer As 20,000.00 Total 20 Grant Fund governmental 35,000.00 60 Enterprise Fund A PLUS SURVIVAL LLC Large Trauma Bag, & Small Trauma Bag Qty 3 114.72 60 Enterprise Fund A PLUS SURVIVAL LLC Misc First Aid/Trauma Supplies Qty 158 243.93 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Stamp Ink, Notary Stamp T. Reuter, Ink Pad, Name Plate Qty 4 65.50 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0355,Sewer Main Rep,NW 1st, August 2017 5,289.47 60 Enterprise Fund ADAM JENNINGS Expense Report, A. Jennings, WEFTEC Conf., Chicago IL, 10/1/ 54.24 60 Enterprise Fund ADAM JENNINGS Per Diem, A. Jennings, PNCWA Conference, Vancouver WA, 10/22 224.00 60 Enterprise Fund ALAN R. JONES Refund, 0470511302, Wat/Sew/Trash, 5267 N Mitchum Ave, Custo 47.85 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Lenel card reader 424.00 Date: 10/12/17 02:45:52 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 APEX INTEGRATED SECURITY SOLUTIONS Wall mount lenel reader 424.00 60 Enterprise Fund AUTUMNGOLD SENIOR SERVICES, LLC.Refund, 1631346805, Wat/Sew/Trash, 2075 NW 9th Pl, Customer 127.28 60 Enterprise Fund AVAYA, INC.Service Agreement Hardware 236.91 60 Enterprise Fund BACKFLOW SUPPLY Non Potable Test Kit Qty 1 761.81 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0123, IVR Processing September 2017 1,160.50 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0124, Lockbox Processing September 2017 1,480.02 60 Enterprise Fund BOISE RIGGING SUPPLY Slings 339.46 60 Enterprise Fund BONNEVILLE INDUSTRIAL SUPPLY Wasp & hornet spray 60.60 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0219 SCADA and Controls programing 7/29 to 9/1/17 2,394.50 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0219 SCADA Support 4/1 to 4/28/17 2,056.50 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0219 SCADA Support for Water 4/29 to 6/2/2017 3,051.00 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0219 Water SCADA Support 7/1 to 7/28/2017 1,382.50 60 Enterprise Fund BRANOM INSTRUMENTS Spare temp probe for Five Mile Creek effluent 228.81 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan Update FY17, service 7/28-8/24/17 55,883.75 60 Enterprise Fund BROWN & CALDWELL 17-0394,17-0420,WRRF Cap Exp FY15,service 7/28-8/24/17 30,112.53 60 Enterprise Fund BROWN & CALDWELL 17-0420,WRRF Capacity Exp FY15,service 8/25-9/30/17 30,384.22 60 Enterprise Fund BUTTE FENCE, INC Install Gate @ Well 27 690.00 60 Enterprise Fund CAREER UNIFORMS Clothing for PW Admin and Engineering 643.05 60 Enterprise Fund CAREER UNIFORMS High Vis Safety Shirts Qty 45 for 7 employees 670.50 60 Enterprise Fund CAREER UNIFORMS Jacket with Logo for A. Wilch, Polo & Hat w/logo for J.Magna 97.35 60 Enterprise Fund CAREER UNIFORMS Logo's on hi-vis shirts for Miguel Espinola, Dave Babcock, 395.15 60 Enterprise Fund CHRIS DYER Refund, 3535017402, Wat/Sew/Trash, 2889 S Givens Way, Custom 35.74 60 Enterprise Fund CLINT DOLSBY Per Diem, C. Dolsby, PNCWA Conference, Vancouver WA, 10/22/1 224.00 60 Enterprise Fund COLE INDUSTRIAL, INC.Labor & materials to perform annual & tune ups on boiler 2,847.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Part to replace analog input card in PLC 5 1,313.70 60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Surface water sampling containers 148.90 60 Enterprise Fund CORE & MAIN LP 10761-TM Crossing PRV Project Materials Qty 58 9,982.58 60 Enterprise Fund CORE & MAIN LP Brass 3/4 Coupling Qty 20 69.80 60 Enterprise Fund CORE & MAIN LP Invertable Paint Wand Metal, Brass Elbow Qty 6 109.18 Date: 10/12/17 02:45:52 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 D & B SUPPLY 5/8HB X 3/4MHT & Insect Killer - Qty 74 42.85 60 Enterprise Fund D & B SUPPLY Clothing, Class 3 Jkt, Class 3 Sweat shirt for new hire J. M 144.98 60 Enterprise Fund D & B SUPPLY Plano Ammo Can, Multi Purp Tool, Safety Knee Pads Qty 3 42.97 60 Enterprise Fund D & B SUPPLY Safety Boot for C. Hudson Qty 1 134.99 60 Enterprise Fund D & B SUPPLY Safety boots for Orion Valentine 175.49 60 Enterprise Fund DAVID & KIMBERLY A. BARTON Refund, 0550250404, Wat/Sew/Trash, 672 E San Pedro St, Custo 43.18 60 Enterprise Fund DAVID & PATRICIA FORRESTER Refund, 1632135003, Wat/Sew/Trash, 238 W Woodbury Dr, Custom 111.69 60 Enterprise Fund DC ENGINEERING 17-0102 SCADA VFD troubleshooting 102.50 60 Enterprise Fund DC ENGINEERING 17-0185 SCADA HMI & PLC programming for Oaks, North & 1,972.00 60 Enterprise Fund DC ENGINEERING SCADA Setup Troubleshoot Call Alarm issues 9/1 to 9/6/17 1,950.00 60 Enterprise Fund DWIGHT A MOGFORD & KARL L. HIRAHARA Refund, 0315271202, Wat/Sew/Trash, 2175 W Glade Creek St, Cu 33.15 60 Enterprise Fund DYKMAN ELECTRICAL, INC Labor & supplies to repair fault & replace capacitors on 1,049.56 60 Enterprise Fund DYKMAN ELECTRICAL, INC Well 28 Repacement Axial Fans Qty 2 260.20 60 Enterprise Fund ELIZABETH A RICHNER Refund, 3074318606, Wat/Sew/Trash, 969 W Greenhead St, Custo 38.15 60 Enterprise Fund ERICK BACA Refund, 4526050102, Wat/Sew/Trash, 1351 E Mona Lisa Dr, Cust 75.00 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. PC Mount for new PW vehicle, C19841 331.22 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replaced Portable AC Power Supply on Vehicle, Lic# C17214 775.22 60 Enterprise Fund EVENT RENT/EQUIP RENT Refund, 9901092401, Dumpster, 2310 E Cinema Dr, Customer Pai 152.91 60 Enterprise Fund FASTENAL COMPANY 2 Chip Brush Qty 240 74.38 60 Enterprise Fund FASTENAL COMPANY Bolts to fabricate & mount bucket holder on vactor 15.46 60 Enterprise Fund FASTENAL COMPANY Hi-vis safety vest-xlrg & clear silicone 41.79 60 Enterprise Fund FASTENAL COMPANY NE Nylock, Sae Hard, HCS 428 Qty 75 20.46 60 Enterprise Fund FEDEX FREIGHT Shipping costs to send camera cable to CUES 175.62 60 Enterprise Fund FERGUSON ENTERPRISES INC.17-0066-10500 OMNI Meter 2inch C2 Qty 25 35,496.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.3/4 MTR STR 710-303NHS x72 Qty 10 5,669.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.8 Pilot Kit & 10 SST Pilot Kit Qty 2 3,177.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.8ft Gate Valve Stem Extension Qty 1 132.59 Date: 10/12/17 02:45:52 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 FERGUSON ENTERPRISES INC.Flange Coup, Restrained Flang Coup, Wide Range Coup Qty 20 9,215.19 60 Enterprise Fund FERGUSON ENTERPRISES INC.Glv Coupling, RDY Cut Pipe, GALV RDY Cut Pipe Qty 6 4,340.34 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hyd Wrench, Sledge Ham, T/mSure, Pit Pump, Qty 4 273.85 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Vault 20x24x42 Full Barrel Qty 2 259.50 60 Enterprise Fund FERGUSON ENTERPRISES INC.Mueller Short Leg Brass Meter Setter Qty 8 1,940.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.PVC GJ Blue Pipe Qty 20 685.96 60 Enterprise Fund FERGUSON ENTERPRISES INC.Valve Box Riser Qty 1 6.31 60 Enterprise Fund FISHER SCIENTIFIC Acid/Alk reagents 103.11 60 Enterprise Fund FISHER SCIENTIFIC Cert cubitainers for Pretreatment 199.44 60 Enterprise Fund FISHER SCIENTIFIC Filter paper 107.97 60 Enterprise Fund FLOOR TECH, INC.Epoxy Flooring @ Well 18 6,648.25 60 Enterprise Fund FLOOR TECH, INC.Well 17 Epoxy Flooring 6,851.25 60 Enterprise Fund FORD HALL COMPANY, INC Clarifier brush 39.60 60 Enterprise Fund GOODWAY TECHNOLOGIES CORP Boiler tube brush 43.50 60 Enterprise Fund GRANITE EXCAVATION, INC 16-0323, 17-0210, 17-0382, Five Mile Trunk, Services to 7/31 49,653.66 60 Enterprise Fund GRANITE EXCAVATION, INC 17-0203, Sewer Main Rep,W.Wash & Carlton, as of 7/24/17 84,716.40 60 Enterprise Fund GRANITE EXCAVATION, INC 17-0210, Credit for Incorrect Billing, Service to 7/31/17 (495.37) 60 Enterprise Fund H.D. FOWLER COMPANY 8inch, 10inch, 12inch Wedge Gate Valve - Qty 6 6,987.18 60 Enterprise Fund H.D. FOWLER COMPANY Misc Waterous Hydrant Parts Qty 50 2,917.34 60 Enterprise Fund HACH COMPANY 17-0007 Lachat FIA instrument service contract 741.68 60 Enterprise Fund HAZEL ASPHALT, LLC 3ft Asphalt Patch, Parkstone service repair 750.00 60 Enterprise Fund HOBSON FABRICATION CORP Labor to repair flow sensor in one of the hoods in the Lab 729.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES All Purpose Wiping Cloths Qty 5 84.90 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Portable Vacuums, Drill Bits, Torque Driver, Stainless Polis 242.26 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Self Leveling Concrete, Multi Purp Sand, Caulk Gun, Qty 6 40.57 60 Enterprise Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, September 2017 1,015.29 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards J. Magana Qty 500 46.25 60 Enterprise Fund IDAHO POWER 2204228288, Water Power September 2017 46,755.49 60 Enterprise Fund IDAHO POWER 2223372661, Water Power - September 2017 25.19 60 Enterprise Fund IDAHO STATE TAX COMMISSION Sales Tax Sept 2017 5,039.28 60 Enterprise Fund IDAHO WATER USERS ASSOC Registration, D. Miles, Water Law & Resources Seminar, Boise 185.00 60 Enterprise Fund IDEQ - ID AIR QUALITY PROG Drinking Water Assessment FY18, 33738 Collections 101,214.00 Date: 10/12/17 02:45:52 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 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0326,WRRF Boise Riverfall Sation, Const. 9/1-9/29/17 54,891.00 60 Enterprise Fund JAMES L. & DAO NELSON Refund, 0748210502, Wat/Sew/Trash, 2541 E Summer Dawn St, Cu 53.71 60 Enterprise Fund JARED HALE Per Diem, J. Hale, PNCWA Conference, Vancouver WA, 10/22/17- 224.00 60 Enterprise Fund JASON A. & JENNY CHAN Refund, 031808090, Wat/Sew/Trash, 5052 N Goddard Creek Way, 104.61 60 Enterprise Fund JASON SHANKS & CARRIE KOOSMANN Refund, 0715030203, Wat/Sew/Trash, 4267 N Rosepoint Ave, Cus 83.82 60 Enterprise Fund JEANNIE R. CALDWELL Refund, 6600036202, Wat/Sew/Trash, 3656 W Sand Wedge St, Cus 71.58 60 Enterprise Fund JERRY & ELAINE ESTEN Refund, 2198001202, Wat/Sew/Trash, 2006 E Franklin Rd, Large 3,510.91 60 Enterprise Fund JESSE & ROBYN AUSTIN Refund, 2323349403, Wat/Sew/Trash, 938 W Groadway Ave, Custo 60.06 60 Enterprise Fund KANAK ATTACK CATERING Food for PW Employee Picnic 922.05 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0289, Well 32, services 8/1-8/31/17 22,840.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0289,Well 32 Services 9/1-9/30/17 24,860.00 60 Enterprise Fund LAYNE of IDAHO, INC.Troubleshoot & Repair @ Well 14 9,913.00 60 Enterprise Fund LOWE'S Red Hydrant Paint, Chemicals Germicidal Bleach Qty 12 262.92 60 Enterprise Fund LOWE'S Rubber Floor Squeegee & Multi-Tool Hanger - Qty 30 336.65 60 Enterprise Fund MARGOT SILVER Refund, 0913111202, Wat/Sew/Trash, 132 W White Sands Dr, Cus 36.34 60 Enterprise Fund MATERIALS TESTING & INSPECTION 16-0408, WRRF Centrate Equalization, Services 9/18/17-10/1/1 200.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135, WRRF Cap Exp FY15, 9/4-9/17/17 7,278.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap Exp FY15, service 9/18-9/30/17 6,709.10 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365, WRRF Headworks Upgrades, 9/18-9/29/17 1,415.40 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades, 9/4-9/17/17 1,708.92 60 Enterprise Fund MATERIALS TESTING & INSPECTION Collection Equipment Facility, 8/7-8/20/17 742.00 60 Enterprise Fund McCALL INDUSTRIAL Bushing, elbow, nipple, hex reducer bushing, plug, union, 209.09 60 Enterprise Fund METROQUIP, INC.2000watt Two Head Tower Light Qty 1 2,483.75 60 Enterprise Fund METROQUIP, INC.4inch Male Camlock Fitting Qty 1 410.00 60 Enterprise Fund METROQUIP, INC.Rebuild of HXX Nozzle on Vac Trailer 89.92 60 Enterprise Fund METROQUIP, INC.T-Bolt Clamp, 4inch FCAMShank Qty 3 25.86 60 Enterprise Fund MICHAEL & JEANNINE DAVIES Refund, 0470012202, Wat/Sew/Trash, 1173 W Barrymore Dr, Cust 31.14 Date: 10/12/17 02:45:52 PM Page: 10 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 MICHAEL & VICTORIA GORDON Refund, 0808511403, Wat/Sew/Trash, 1405 E Red Rock Dr, Custo 113.85 60 Enterprise Fund MILESTONE CONSTRUCTION GROUP LLC 17-0298,Water & Sewer Main Rep,W.Wash, 8/21-9/21/17 287,340.03 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS 1/4inch Plug Valve Qty 3 84.76 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Hex Bolts, Male Nipples, Female Nipple Qty 3 46.48 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Plug valve, Steel Nipple, Brass Bushing, Brass Bar Qty 33 336.21 60 Enterprise Fund MR. MUDD CONCRETE CORP.Retaining Wall for Materials Bins 2,912.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Flow switch for stock & to repair pump 2, centrate 395.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hooks for blower filter media at aeration basin 47.28 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Nuts & bolts for maintenance service truck rail system 52.74 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Parts to install a drain valve on gas line for digesters 4 & 189.08 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Round Edge Shovel & Square Edge Shovel Qty 10 365.50 60 Enterprise Fund MURRAYSMITH INC 17-0091,Watrer Main Ext,Amity/Linder, as of 8/31/17 5,482.50 60 Enterprise Fund MYFLEETCENTER.COM Oil Change C14312 29.59 60 Enterprise Fund MYFLEETCENTER.COM Oil Change, Air Filter, Wipers, Transmission Flush, Radiator 285.53 60 Enterprise Fund NORCO Class III High VIS Shirts Qty 45 579.25 60 Enterprise Fund NORCO Cylinder rental 59.46 60 Enterprise Fund NORCO Hi-vis jacket & shirts for Ryan Mason 123.22 60 Enterprise Fund NORCO Hydrogen sulfide, safety calibration gas 218.00 60 Enterprise Fund NORCO Liquid ice melt-55 gallon drum 476.00 60 Enterprise Fund NORCO Q-fold wipes 434.41 60 Enterprise Fund NORCO Z-fold towels, bath tissue, bleach & terra renew 458.78 60 Enterprise Fund ONLINE RESOURCES CORPORATION Refund, 7700950001, Unknown Acct# 2485012503, Katey Argon 10.89 60 Enterprise Fund PAUL DAVIS Refund, 1734277001, Wat/Sew/Trash, 1315 E Cougar Creek Dr, T 132.15 60 Enterprise Fund PIPELINE INSPECTION 17-0350, Sewer Service Tee Repair - Final Invoice 69,600.00 60 Enterprise Fund PLATT 10-3 SO Cord, 30A Locking Connectors, & 30A Plugs 360.70 60 Enterprise Fund PLATT Conduit & sweep elbow for Collections bldg 53.16 60 Enterprise Fund PLATT Conduit for Collections bldg 26.62 60 Enterprise Fund PLATT Crimp connectors for stock 14.93 60 Enterprise Fund PLATT Emergency exit light to replace non-working light 40.80 60 Enterprise Fund PLATT Exitronic batteries for outdoor exit lights on Admin bldg 251.13 60 Enterprise Fund PLATT LED Light Fixture to upgrade light fixture to LED on catwalk 574.35 60 Enterprise Fund PLATT Parts to hook up SCADA cable to Collections bldg 25.01 Date: 10/12/17 02:45:52 PM Page: 11 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 PLATT Parts to install cable hook up for SCADA in Collections bldg 55.22 60 Enterprise Fund PLATT Pipe clamp for collections bldg 1.88 60 Enterprise Fund POSTNET Postage & Mailing Backflow Letters, 9/7/17 - Qty 19 134.08 60 Enterprise Fund POSTNET Postage & Mailing Backflow Ltrs Qty 2 1.96 60 Enterprise Fund POSTNET Postage & Mailing for Backflow Letters 9/5/17 - Qty 13 28.29 60 Enterprise Fund POSTNET Postage & Mailing for Backflow letters, 9/19/17 - Qty 42 50.29 60 Enterprise Fund RANDALL N. GOCHANOUR Refund, 0704551502, Wat/Sew/Trash, 4594 N Mendelson Ave, Cus 109.09 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolids disposal 9,218.70 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract September 2017 1,027,618.18 60 Enterprise Fund RHONDA O'TOOLE Refund, 2403082603, Wat/Sew/Trash, 2451 W Snyder St, Custome 58.06 60 Enterprise Fund ROB M. ROBERTSON Refund, 2301046004, Wat/Sew/Trash, 716 NW 8th St, Title Comp 79.30 60 Enterprise Fund ROCKY MOUNTAIN GROUP Refund, 4930060301, Wat/Sew/Trash, 5445 S Bow Canyon Way, Ti 55.29 60 Enterprise Fund SARA BELTON Refund, 1522164202, Wat/Sew/Trash, 2231 N Linder Rd, Custome 213.58 60 Enterprise Fund SCHMIDT CONSTRUCTION CO INC 17-0332,Water Main Ext. lake Hazel/Locust,as of 9/27/17 229,360.12 60 Enterprise Fund SECRETARY OF HUD Refund, 1733243201, Wat/Sew/Trash, 2465 N Capecod Way, Prope 72.85 60 Enterprise Fund SHEILA COLLINS Refund, 0881030903, Wat/Sew/Trash, 174 E Anton St, Customer 81.23 60 Enterprise Fund SHERWIN-WILLIAMS CO.Tar to rebuild spare mixer-fermentation 299.89 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding for Finance, MUBS, & Clerks - Sept 2017 66.31 60 Enterprise Fund SIMPLEX GRINNELL 18-0033, Service October 2017, Fire alarm monitoring all loc 105.95 60 Enterprise Fund SKILLPATH SEMINARS Registration, M. Hoyt, Developing Emotional IQ Seminar, Bois 74.00 60 Enterprise Fund SKILLPATH SEMINARS Registration, M. Hoyt, The Indispensable Asst Seminar, Boise 74.00 60 Enterprise Fund STETSON HOMES Refund, 9901026401, Dumpster, 250 N Baltic Pl, Stetson Homes 62.47 60 Enterprise Fund STEVE & LYNNA BOLTON Refund, 1842205001, Wat/Sew/Trash, 2128 N Devlin Ave, Custom 201.38 Date: 10/12/17 02:45:52 PM Page: 12 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SYNCB/AMAZON HDMI cable w/ethernet to connect SCADA to Collections bldg 27.00 60 Enterprise Fund SYNCB/AMAZON Lockout Tag Out log book for safety 64.96 60 Enterprise Fund T. A. WELDING & MACHINE INC Fabricate & install centrate tank hand rail 4,620.00 60 Enterprise Fund T. A. WELDING & MACHINE INC Fabricate & install chemical bldg ladder & cage 9,218.00 60 Enterprise Fund T. A. WELDING & MACHINE INC Fabricate & install fermentation bldg roof hand rail 9,970.00 60 Enterprise Fund T. A. WELDING & MACHINE INC Fabricate & install fermentation tank access stairs 7,291.00 60 Enterprise Fund T. A. WELDING & MACHINE INC Fabricate & install RAS pump building aluminum roof cover 3,747.00 60 Enterprise Fund TATES RENTS (GENERAL OFFICE)Rental of Core Drill, Core Diamond Drill Bit Qty 2 66.50 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 10/1/17-10/31/17 187.40 60 Enterprise Fund TESTAMERICA NPDES influent & effluent testing 1,449.00 60 Enterprise Fund TOTAL SYSTEM SERVICES Troubleshoot & repair of Unit 5 HVAC 123.00 60 Enterprise Fund TRAVIS KISSIRE Per Diem, T. Kissire, PNCWA Conference, Vancouver WA, 10/22/ 92.00 60 Enterprise Fund TROY THRALL Per Diem, T. Thrall, PNCWA Conference, Vancouver WA, 10/22/1 224.00 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, October 2017 Premiums 3,695.76 60 Enterprise Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, October 2017 692.89 60 Enterprise Fund USA BLUEBOOK Chlorine Swiftest Dispenser Qty 2 135.19 60 Enterprise Fund USA BLUEBOOK DR900 Colorimeter, Hydro Hitch w Pilot Assembly Qty 6 5,997.35 60 Enterprise Fund USA BLUEBOOK Klien NCVT2 Voltage Detector Qty 17 390.15 60 Enterprise Fund USA BLUEBOOK Phenol Red Spec Grade IL Qty 1 14.69 60 Enterprise Fund USA BLUEBOOK Subm Level Xmttr Qty 2 1,174.47 60 Enterprise Fund USA BLUEBOOK Test Tube Brush, Hach Sampl cells, Transfer Pipet Brush Leve 1,340.16 60 Enterprise Fund USA BLUEBOOK Water Testing Supplies, reagent form Breakers, PH Buffer, Te 770.61 60 Enterprise Fund VALUE HEATING & AIR CONDITION Labor & Repair A/C Unit & Replacement of Thermostat Well 18 231.40 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 272508216-00001 Water/WW Modems FY2017 - 8/24/17-9/23/17 10.44 60 Enterprise Fund WALL 2 WALL FLOORING Refund, 9901081601, Dumpster, 2511 W Cherry Ln, Customer Pai 400.29 60 Enterprise Fund WAYNE & DOROTHY KNUTSON Refund, 4660005203, Wat/Sew/Trash, 3869 S Como Ave, Title Co 126.79 60 Enterprise Fund WAYNE W. & JULIA A. KOHLER Refund, 0580020602, Wat/Sew/Trash, 5462 N Beaham Ave, Custom 135.00 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor to repair horn on front end loader 336.49 Date: 10/12/17 02:45:52 PM Page: 13 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 WILLIAM & SHERI LINGENFELTER Refund, 4530022403, Wat/Sew/Trash, 3970 S Shimmering Way, Ti 180.41 60 Enterprise Fund WW GRAINGER, INC 36inch Dry Erase Boards Qty 25 1,351.75 60 Enterprise Fund WW GRAINGER, INC Angular contact ball bearing 100.36 60 Enterprise Fund WW GRAINGER, INC PTFE thread sealant tape 62.16 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080, Copier Lease 8/17 & Additional Copies 7/30-9/15/ 617.48 Total 60 Enterprise Fund 2,370,834.86 Report Total 2,939,838.27 Date: 10/12/17 02:45:52 PM Page: 14 Changes to Agenda: [if applicable] Item #8A: Gensco - RZ (H-2017-0098) Application(s):  Rezone Size of property, existing zoning, and location: This site consists of 4.5 acres of land, zoned C-G, located at the northeast corner of N. Locust Grove Road and E. Franklin Road. History: This property was annexed in 1996 as ordinance #748. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant has applied for a rezone of 4.5 acres of land from the C-G to the I-L zoning district. As discussed above in Section VII, the proposed zoning is consistent with the policies in the Comprehensive Plan. The proposed concept plan depicts a 50,000 s.f. building with a potential future expansion of 20,000 s.f. Staff does not typically support split-zoned properties. However, subsequent to applying for the subject rezone, the applicant has submitted a preliminary/final pla t application to create a three lot subdivision out of the existing parcel. The northern lot is proposed for I-L zoning, while the southern two lots will remain zoned C-G. The three uses will be required to obtain separate land use approvals prior to construction and operation. In general, staff is supportive of the proposed concept plan. The site currently has one vehicular access to both N. Locust Grove Road and E. Franklin Road. UDC 11-3A-3 requires the applicant to utilize local streets where available. In this case the applicant is required to utilize access from E. Lanark Street and N. Nola Road (both local streets). Staff recommends approval of a single shared access as well as one shared access from E. Franklin Road. Madden subdivision is currently being processed by staff and is scheduled to be heard by the Planning and Zoning Commission on September 21st. In order to utilize access from N. Locust Grove Road and E. Franklin Road, the applicant will need to obtain approval from both ACHD and City Council. Under the existing zoning (C-G), the proposed wholesale sales and warehouse uses are not allowed. Although the applicant has submitted a viable concept plan, the only development currently shown on the conceptual site plan is the wholesale sales and warehouse building located on Lot 1; specific development plans are not proposed for Lots 2 and 3, Block 1. In order to ensure that the property develops as recommended by staff, staff is recommending that the property be subject to a development agreement. Staff’s recommended DA provisions are provided in Exhibit B. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Commission Recommendation: Approval w/ conditions Summary of Commission Public Hearing: i. In favor: Kevin Schalk (Applicant’s representative) ii. In opposition: None iii. Commenting: Kevin Schalk iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None Key issue(s) of Public Testimony: i. None Key Issues of Discussion by Commission: i. Concerns about the pressure in the irrigation lines, who is responsible for the irrigation, and what has been done to address the issue. ii. Is gravel an appropriate material for the proposed pathway. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1B to read as follows: “Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City Council grant access to North Locust Grove Road and East Franklin Road in the future.” Outstanding Issue(s) for City Council: i. The applicant is requesting access to both Locust Grove Road and Franklin. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0098, as presented in the staff report for the hearing date of October 17, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0098, as presented during the hearing on October 17, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number h-2017-0098 to the hearing date of October 17, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8B: Kentucky Ridge Estates South - PP (H-2017-0109) Application(s):  Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.5 acres of land, zoned R-4, and is located south of W. Victory Road and west of S. Kentucky Way. History: This property was previously annexed & zoned and a preliminary plat was approved in 2014 for Revolution Ridge Subdivision. This property was to be phase 4 of the development, however the plat expired. Comprehensive Plan FLUM Designation: LDR Summary of Request: The proposed plat consists of 19 SFR building lots & 3 common area lots on 5.5 acres of land in an R-4 zoning district. The minimum lot size in the proposed development is 8,000 square feet. Access is proposed via two accesses via S. Cobble Avenue & W. Blue Downs Street. A stub street is proposed to the south for future extension & interconnectivity. The plat depicts 42’ & 48’ ROW sections. On the 42’ street sections, parking is only allowed on one side of the street. Staff recommends “no parking” signs are installed at regular intervals along the street. Because this property was intended to be the last phase of development in the previously approved subdivision and will be par t of that development, it does not meet the minimum qualified open space & site amenity requirements. Staff recommends the common area & site amenities in the Kentucky Ridge development is allowed to satisfy the requirements for this development. The Sundall Lateral crosses the SWC of the site. All ditches on the site are required to be piped unless waived by City Council; the applicant is requesting a waiver from City Council due to the large capacity of the lateral. A 6’ tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; a 6’ tall wrought iron fence is proposed along the common area on Lot 29, Block 5 in accord w/UDC standards. The applicant is also required to install fencing adjacent to Lot 8, Block 7 in accord with that same UDC standard. If the Sundall Lateral will not be improved as part of the development to be a water amenity (as defined in 11-1A-1), the lateral is required to be fenced in accord with UDC standards to deter access to the lateral. Commission Recommendation: Approval w/ conditions Summary of Commission Public Hearing: vii. In favor: Tim Mokwa, Anne Runyan viii. In opposition: None ix. Commenting: Anne Runyan x. Written testimony: None xi. Staff presenting application: Sonya Allen xii. Other staff commenting on application: None Key issue(s) of Public Testimony: i. Some of the existing residences in Kentucky Ridge have very low pressure in their irrigation lines. The fear is that additional homes will decrease the pressure even further. Key Issues of Discussion by Commission: iii. Concerns about the pressure in the irrigation lines, who is responsible for the irrigation, and what has been done to address the issue. iv. Is gravel an appropriate material for the proposed pathway. Commission Change(s) to Staff Recommendation: ii. None Outstanding Issue(s) for City Council: ii. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0109, as presented in the staff report for the hearing date of October 17, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0109, as presented during the hearing on October 17, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0109 to the hearing date of October 17, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8C: Pine 43 – MDA, AZ, RZ, PP (H-2017-0058) Application(s):  Development Agreement Modification  Annexation & Zoning  Rezone  Preliminary Plat Size of property, existing zoning, and location: This site consists of approximately 120 acres of land, zoned C-G, located on the south side of E. Fairview Ave. & the east side of N. Locust Grove Rd., north of Commercial St. History: In 2007, this property was included in the annexation, rezone, & preliminary plat for Pinebridge Subdivision. A DA was required as a provision of annexation & later amended to remove the Scentsy property. Several time extensions were approved for the preliminary plat, which expired in May of this year. Since the time the property was annexed, Pine Avenue has been extended between Locust Grove & Eagle Rd.; a roundabout has been constructed at the intersection of Pine & Webb; and infrastructure has been completed to support the Scentsy & PKG campuses. Comprehensive Plan FLUM Designation: Mixed Use – Community (MU-C) This property is located within the northern area of “The Core” designated in The Comprehensive Plan. This area focuses on promoting an environment for health sciences, and technology & business centers creating sustainable jobs, development products, training, research, & manufacturing that can’t be outsourced. The corridor of complementary businesses and services should provide a one-stop destination for visitors & workforce with all necessary amenities. Summary of Request:  The applicant requests a modification to the existing DA to accommodate the proposed mixed use development plan. The original concept plan included approximately 3,000,000 s.f. of commercial, light office, MFR uses, a medical campus and the 50+/- acre property that is now the Scentsy Commons Campus to the east. The proposed plan includes commercial components of office & retail and a variety of residential housing types consisting of SFR attached & detached and MFR. The concept plan depicts commercial uses along adjacent arterial streets (i.e. Fairview, Locust Grove and Pine); HDR (504 units) along the east side of Webb on the north end of the site; and 233 SFR units consisting of detached/attached homes, townhomes, & vertically integrated internal to the development. Two collector streets are also proposed through the development north/south (Webb) which will provide connectivity from Pine to Fairview and east/west (State Ave.) from the east boundary of the site to Locust Grove. An updated TIS was prepared for the proposed development which determined the proposed development will generate less traffic than the current approved plan.  Annexation & zoning of 0.07 of an acre of land with the R-15 (0.01 of an acre) & C-G (0.06 of an acre) zoning districts is proposed for dedication of ROW for the extension of State Ave.  A rezone of 46.55 acres of land from the C-G to the R-15 zoning district is proposed to allow the development of SFR uses which will contribute to the mix of used desired within MU-C designated areas such as this.  A preliminary plat is proposed for 414 lots on 119.77 acres of land consisting of 47 mixed use building lots in the C-G district, 233 SFR building lots in the R-15 district, 84 MFR building lots in the R-40 district and the rest common area lots. The subdivision is proposed to develop in 14 phases beginning with the SFR portions. Landscaped street buffers are required adjacent to all arterial & collector streets within the development & along all local streets as well in the C-G zoning district in accord with UDC standards. Open space & site amenities are proposed in accord with UDC standards for the SFR portion of the development; open space & amenities for the MFR portion of the development but will be reviewed with the CUP application. Conceptual building elevations were submitted for commercial, townhome, live/work & SFR detached homes proposed within the development. Staff believes the commercial areas within this development should provide for businesses that incorporate The Core vision & the diversity of residential housing choices should provide nearby housing options for employees. Commission Recommendation: Approval w/conditions in Exhibit B of the staff report Summary of Commission Public Hearing: i. In favor: Dan Torfin ii. In opposition: None iii. Commenting: Tom Bevan iv. Written testimony: Dan Torfin v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. Changes from the existing conceptual development plan in the DA to the proposed plan; ii. Adequacy of off-street parking in the multi-family residential portion of the development; Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Dan Torfin – Proposes a modification to provision #5.1.1 in the DA (see attached) – Staff is in agreement with the proposed change. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0058, as presented in the staff report for the hearing date of October 17, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0058, as presented during the hearing on October 17, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0058 to the hearing date of October 17, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Needng DATE-. October 17, 2017 ffrUvd NUMBER. ®Q PROJECT NUMBER: H-2017-0098 ITEM TITLE: Genre® Public Hearing for Gensco (H-2017-0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road 1. Request: Rezone of 4.5 acres from the C -G (General retail and service district) zoning district to the I -L (Light Industrial) zoning district MEETING NOTES rte✓ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTI®i9 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Council Meeting October 17, 2017 Item #8A: Gensco Vicinity/Zoning Map Conceptual Site Plan Conceptual Elevations Development Agreement Conditions a. Future development of the northern portion of this site shall substantially comply with the conceptual elevations included in Exhibit E and the conditions contained herein. b. Direct vehicular access to N. Locust Grove limited to one shared access from E. Franklin and one shared access from N. Locust Grove. The applicant shall receive approval from both ACHD and City Council in order to utilize these access points. c. The subject property shall be subdivided prior to issuance of any Certificate of Zoning Compliance application OR the entire property shall be included with the Certificate of Zoning Compliance application. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual. Windows are required on all elevations that face the open play area, the basketball court and any other areas used for children’s recreation to allow views of these areas. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and properties. Item #8B: Kentucky Ridge Estates South Vicinity/Zoning Map Preliminary Plat Landscape Plan Conceptual Elevations Conceptual Elevations Item #8C: Pine 43 Vicinity/Zoning Map Proposed Concept Plan Preliminary Plat/Phasing Plan Pine/Webb Roundabout Revised Landscape Plan REVISED Qualified Open Space Exhibit Conceptual Building Elevations CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 17, 2017 Item # 8A Project Number: Project Name: H-2017-0098 Genso Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Mewing DATE: October 17, 2017 �TEVVI NUVvgBER,o 8 PROJECT NUPvgBER- H-2017-0109 ITEM TITLE: Kentucky Mdge Estates South Public Hearing for Kentucky Ridge Estates South (H-2017-0109) by Hayden Homes Idaho, LLC located east of S. Linder Road and south of W. Victory Road 1. Request: Preliminary Plat consisting of 19 building lots and 3 common lots on 5.5 acres of land in the R-4 zoning district MEETING NOTES Community Itern/Prase ntations Presenter Contact Wo./Notes CLERKS OFFICE FUVAL ACTIOIV DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 17, 2017 Item # 813 Project Number: H-2017-0109 Project Name: Kentucky Ridge Estates South Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) Meridian City Councii NeexUn© DATE: October 17, 2017 ffrW� NUWdLPPER—. ®O PROJECT HUNII BER— H-2017-0058 ITEM TITLE: Pine 43 FluOlic Hearing Tor Fine - - y DMB Development located south of E. Fairview Ave., east of N. Locust Grove Road, north of Commercial Street and west of Hickory Ave 1. Request: Modification to the existing Development Agreement (Inst. # 108022893) to accommodate the proposed mixed use development plan 2. Request: Annexation and zoning of 0.07 of an acre of land from the RUT zoning district in Ada County to the R-15 (medium highdensity re&LdenfiCffl 7 nitro district in the its/ MEETING NOTES Community Item/Presentations Presenter Contact Into./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 17, 2017 Item # 8C Project Number: Project Name: H-2017-0058 Pine 43 Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) Meridian City Council Meeting DATE: October 17, 2017 HEM NUMBER: 9A PROJECT NUMBER. ITEM TITLE: r mance No. I 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 nnrl Permit Pprii iirPm c fnr All TPmr-)rrnry I IcPc'gddi_ao-c_Ue-w MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FfiVAL ACT101V DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. /7— BY 7— BY THE CITY COUNCIL BIRD, BO. RTON, 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 ANEW 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: UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 1 OF 23 UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 2 OF 23 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 UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 3 OF 23 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. Section 3. That Meridian City Code section 3-4-4, regarding Citizen’s Use Permits, shall be repealed. 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: 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. 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 4 OF 23 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. 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, (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 UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 5 OF 23 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. 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 UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 6 OF 23 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 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, UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 7 OF 23 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 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: 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 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 8 OF 23 b. Asphalt. c. Grasscrete. d. Pavers. e. Bricks. f. Macadam. 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 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 9 OF 23 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. 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: UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 10 OF 23 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: 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. 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. 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 11 OF 23 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: 1. Neighborhood events or block parties shall be permitted in residential districts with a temporary use permit. 2. Special events involving a route, such as races, parades, or marches may be permitted in residential districts with a temporary use permit. 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 UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 12 OF 23 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) 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. 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 13 OF 23 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. 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: UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 14 OF 23 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. 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. Temporary sales units shall be limited to a period of time not to exceed 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 15 OF 23 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. 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. 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 16 OF 23 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 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. UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 17 OF 23 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: 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, UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 18 OF 23 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. 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 UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 19 OF 23 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. 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: UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 20 OF 23 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 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: 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 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, UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 21 OF 23 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 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 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 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. 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. Section 16. That this ordinance shall be effective on November 9, 2017. PASSED by the City Council of the City of Meridian, Idaho, this. IT� day of 0(-,lf7�p2 , 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this _a day of0-U fboy , 2017. APPRO , 'CdIJtW-,k 1 Pfl?t�d-K* ATTEST: C y Col City erk ......._............. UPDATES TO OUTDOOR SALES AND. TEMPORARY USES CODE PAGE 22 OF 23 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 3-4-111 REGARDING STANDARDS FOR GARAGE, YARD, AND SIMILAR SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 34-1.2, REGARDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 'jD A L " `­ -" ,�t 0 OSI ,JE10 First Reading: 10 Adopted after first reading by suspension of the Rule Cjty of as allowpd pursuant to Idaho Code § 50-902: qty of ri ian EIDIANI-r— YES_ NO Mayor and City Cou ail Q��; �` C, EAL Second Reading. By: C.Jay Coles, Cit dgrk Third Reading: �q 'T 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 copy of the attached Ordinance no. 17- / -7 12�j 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 0%,W O/ 2017p dj!�� �64 A William L.M. Nary, C' Attorney V UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 23 OF 23 Meridian City Council Meeting DATE. October 17, 2017 ori EM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Iters/Presentations Presenter contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS