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2017-11-08Meridian City Council Meeting Agenda Wednesday, November 8, 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 Wednesday, November 8, 2017 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __O__ Genesis Milam (arrived at 6:09pm) __O___ Luke Cavener (arrived at 6:31pm) X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda 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. Moved to after Consent Agenda: Proclamation for Nurse Practitioner Week 7. Consent Agenda Approved A. Approve Minutes of October 24, 2017 City Council Regular Meeting B. Resolution to Approve Destruction of Certain Semi-Permanent Records of the Public Works Department Resolution #17-2046 C. Permanent and Temporary Easement Contract with Skyline Boise LLC D. Black Cat Trunk For Citadel Storage on Amity Temporary Easement CITY COUNCIL REGULAR AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Wednesday, November 8, 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. E. Final Plat for Bainbridge Hess Subdivision No.1 (H-2017-0133) by Brighton Investments LLC located approximately ¼ mile south of W. Chinden Blvd. and east of N. Blackcat Rd. F. Final Plat for Castlebridge Subdivision (fka Kingsbridge) (H-2017-0135) by Jarrod Langston located at 3475 E. Falcon Drive G. Findings of Fact, Conclusions of Law for Aegean Estates (H-2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road H. Findings of Fact, Conclusions of Law for TM Creek Apartments (H-2017- 0124) by SCS Brighton, LLC generally located South of W. Franklin Road and East of S. Ten Mile Road I. Findings of Fact, Conclusions of Law for Madden Subdivision (H-2017- 0121) by Kobe, LLC located at the Northeast Corner of Locust Grove and E. Franklin Road J. Findings of Fact, Conclusions of Law for Pond Subdivision (H-2017-0115) by Schultz Development located at 2980 N. Meridian Road K. Findings of Fact, Conclusions of Law for Gensco (H-2017-0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road L. Findings of Fact, Conclusions of Law 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 M. Findings of Fact, Conclusions of Law 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 N. Approval of Task Order # 10782.a for Design Services for S. Meridian - Linder Road Sewer Trunk to Keller Associated, Inc. for the Not-to-Exceed amount of $103,250.00 O. Asset Purchase and Transfer of Title Agreement with Idaho Power for an amount not to exceed $761,693 P. Approval of Task Order 10641.a for Professional Services for “WELL 28 WATER TREATMENT FACILITY - DESIGN” to Mountain Waterworks, Inc. for the Not-To-Exceed amount of $232,554.00. This Task Order is issued in conjunction with the Master Agreement with Mountain Waterworks, Inc. Meridian City Council Meeting Agenda Wednesday, November 8, 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. dated October 1, 2017, which is the result of the formal RFQ #CW-1750- 10772. Q. Approval of PO #18-0084 for City Prosecutor/Criminal Legal Services for FY18 to the City of Boise - Attorneys Office for the Not-to-Exceed amount of $359,705.87. This PO is issued in conjunction with the 15th addendum dated Oct 10, 2017 to the Agreement for Prosecutor/Criminal Legal Services dated Nov 1, 2002 R. Approval of Contract Amendment No.2.a to OXARC, INC. for the Sodium Hypochlorite – Water Department project for a Not-To-Exceed amount of $90,000. S. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the CHERRY LANE & BARAYA PRVs project for a Not-To-Exceed amount of $158,200. T. Approval of a Sole Source Purchase for Wastewater’s Aqua Diamond Filter Media and Associated Parts from Aqua-Aerobic Systems, Inc. for the Not- to-Exceed amount $39,924.20. The Manufacturer has changed their business model and equipment is no longer available through any resellers; Manufacturer is a sole source distributor. U. AP Invoices Paid 11/1/17 - $757,313.68 V. AP Invoices for Payment 11/8/17 - $571,879.13 8. Items Moved From the Consent Agenda 9. Community Items/Presentations A. Mayor’s Youth Advisory Council Update 10. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a Meridian City Council Meeting Agenda Wednesday, November 8, 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. member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Amended onto Agenda: Request to Approve Alcohol License within 300' of a Place of Worship for The Vault Approved B. Final Plat for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way Continued to November 21, 2017 C. Final Plat Modification for Maddyn Subdivision (H-2017-0136) by A Team Land Consultants located on the West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive Approved D. Public Hearing for Linder Professional Plaza (H-2017-0138) by M & L Properties, LLC located at 4664 N. Penngrove Way Approved 1. Request: short plat consisting of 3 building lots on 1.56 acres of land in the L-O zoning district E. Public Hearing for Proposed Fee Updates for Certain Temporary Use Applications 1. Resolution No. 17-2047: Adopting New Fees of the City Clerk’s Office; Repealing Outdated Fees; Superseding Fees Previously Adopted; Authorizing the City Clerk’s Office to Collect Such Fees Approved 11. Department Reports A. Fire Department: Proposed Update to Public Fireworks Display Permit 12. Future Meeting Topics 13. Executive Session per Idaho State Code 74 -206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74-206(1)(j): To consider labor contract matters authorized under section 74-206A(1)(a) and (b), Idaho Code. Into Executive Session at 7:03pm Out of Executive Session at 8:05pm Adjourned at 8:05pm Meridian City Council November 8, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Wednesday, November 8, 2017, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam, Luke Cavener and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Sonya Allen, Kyle Radek, Brian Caldwell, Joe Bongiorno, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you all for joining us this evening. We always appreciate it when we have our students join us. For the record it is Wednesday, November 8th. It's 6:00 p.m. We will sta rt will roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Daryl Taylor with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection . Thank you for joining us. If you will just pull that mic toward you. Yes. Taylor: Heavenly Father, thank you for this great nation we live in and the many, many blessings you have given us throughout the years. But as the news media continues to remind us, we are in need of a great moral and spiritual overhaul to help our nation meet the many heartaches that we are facing today, Lord. We pray today for our leaders in our nation's capital, but also here in Meridian. Praying for wisdom and courage in making the right decisions that impact Meridian, as well as this great country Meridian City Council November 8, 2017 Page 2 of 28 of ours. Father, give us light and truth to guide us as we humbly seek your will in our lives and it's in your son's precious name we pray, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda 6-B the resolution number is 17-2046 and Item 9-E has been asked to be continued, which we will handle when it comes to it and the ordinance for 9-E is 17 -- or the resolution is 17-2047. And with that I move we approved the amended agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as stated. Mr. Bird, can we put on there a proclamation under Community Items/Presentations -- Bird: Sure. De Weerd: -- as under 8 -- before 8-A. Bird: Okay. 8-A-1. De Weerd: I do have a proclamation to read and I don't see it on here . Bird: I didn't -- I didn't see it either, Madam -- De Weerd: Okay. Coles: Madam Mayor? De Weerd: Yes. Coles: As a -- as a matter of procedure here, it is listed on the agenda on the back table. However, the agenda in front of you with the added notes for your information does not have the proclamation listed. De Weerd: And you listed it as 10-B. Okay. If we can do it before the Mayor's Youth Advisory Council. Okay. Bird: Maker agrees. Meridian City Council November 8, 2017 Page 3 of 28 De Weerd: The second -- Bird: Second agree? Borton: Yes. De Weerd: Okay. Bird: Okay. De Weerd: Okay. We have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Mr. Clerk. Coles: Thank you, Madam Mayor. We did have a few sign-ups this evening. We had three individuals sign up wishing to speak about the Bear Creek Park Fire Station No. 6. The first on that list is Kimberly Hecht. De Weerd: Okay. Mr. Clerk, can you maybe flip that around. Hecht: I can hold it. De Weerd: Thank you. And welcome. If you will, please, state your name and address for the record. Hecht: I'm Dr. Kimberly Hecht. My address is 2476 South Bear Claw Way, Meridian, Idaho. 83642. De Weerd: Thank you. Hecht: And I want to thank you all for giving me an opportunity to say a few words this evening. I moved to Meridian about a year ago and I searched all over the Treasure Valley for a house and the real reason why we picked Meridian and specifically south Meridian and the Bear Creek Subdivision was due to the Bear Creek Park. It really impacted our decision. My coworkers that I was moving here for my job all told me move to southeast Boise and I'm like, you know, I really want to move to Meridian. It seems like more of a family friendly town and there is this great subdivision with this great park. I just would like the City Council -- I understand you guys cannot comment on anything at this point, but I would like you guys to consider three things moving forward. The first is I would like the City Council to have public hearings regarding the fire station at Bear Creek Park, Fire Station No. 6. I would like there to be community Meridian City Council November 8, 2017 Page 4 of 28 meetings included with that, so that you can hear the public opinion of myself and other people that this directly affects. Two. During those meetings I would like the City Council to address how this Bear Creek Park fire station is consistent with the deed to the land that was given to you by the subdivision , stating that this would be used as a public park. To me a fire station is not a public park. I don't think they are going to allow the community of Bear Creek to come into the fire station anytime that they would like to from dawn to dusk as you can in a public park. I would also like to comment on the June City Council meeting minutes that I was reading. It discusses unused land within the park. I would like you all to comment as to what land you feel is unused and specifically speaking to the spring and summer when there are literally hundreds of kids there playing sports in the unused portions of the park where they are setting up soccer nets and all of those things. I'd like you all to hold the meetings that I mentioned above prior to any action taken on the land that 's currently available on Overland and I haven't looked into it enough to know if that's all in your jurisdiction or in the fire district 's jurisdiction, but I would like to -- before any action is taken on that land , such as selling it to a developer, making sure that you held these public meetings so you can hear opinions of how this is going to affect the Bear Creek residents and the residents of south Meridian, as there are not a whole lot of public parks in that area . And that's all that I have for you. I really thank you guys for your time. De Weerd: Thank you very much for being here. Coles: Next on the list was Brian Forney. Again Fire Station No. 6 was the topic. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Forney: Thank you. My name is Brian Forney. I live at 645 West Kodiak Drive, Meridian, Idaho. 83642. De Weerd: Thank you, Brian. Forney: And thank you for providing me some time to speak. Most of what I wanted to say was just covered. Thank you. I wanted to mention -- as far as I am aware the residents of the neighborhood found out about this yesterday through an article in the Meridian Press. No one I have talked to knew about it before then. So, we are surprised. On social media I think I want to inform you that so far the neighborhood is a hundred percent against this proposal. I have been out in the park today talking to people. Again one hundred percent against. I'd like to reiterate the need for Council hearings, community meetings and I guess process, because despite the fact that the land was characterized as unutilized, that land is already in use. It's a park. There is unutilized land nearby. It's unfortunate that the fire station land isn't what they would like it to be, but this land is already in use. It has a use. Thank you for your time. De Weerd: Thank you. Meridian City Council November 8, 2017 Page 5 of 28 Coles: Next is Shannon Gower. Again same topic. De Weerd: Thank you, Shannon. If you will, please, state your name and address for the record. Gower: Yes. My name is Shannon Gower and my address is 2298 South Bear Claw, Meridian, Idaho. 83642. De Weerd: Thank you. Gower: And really they have both said similar things that I would like to say. I just found out about this as -- as of today. I have only lived in my house a year as well and I was excited to move into this area , having a park close by and it's a very lovely neighborhood and I have seen the sign that -- for a fire station going in on Overland for years now and I was surprised that it is going to potentially be Bear Creek Park and if you go through that area any time in the evenings, especially in the summertime, it is a very heavily used park. I worry about noise levels having a fire station that close to my home and I am concerned about that park being utilized for other things. A fire station. And it is -- there is not a lot of parks in that area, so I think it's something that we really need to consider and I would like to see additional meetings to discuss it furthe r, so -- De Weerd: Thank you for your testimony. Coles: We did have one additional sign up, a Kyle Enver, whom I spoke with. He had some questions about an item that is on the agenda this evening . However, that item, the final plat modification, is not a public hearing, so Mr. Enver may want to speak with planning staff. De Weerd: You need to say it on the record. If you would come on up. If you will, please, state your name and address for the record. Vandam: Sure. My name is Chuck Vandam. I live at 605 West Christopher Street bordering -- with our back right to the park. I won't repeat the same concerns, although I share all of them, that have been expressed so far. Let me just add one or two other thoughts. One, I'm not sure that it is a wise idea to be placing a fire station right across the street from a middle -- middle school in a school -- school zone and I don't know whether or not that's been considered , but that certainly is on my mind as we consider, you know, where such a station should be. I do want to add my concern to how this was communicated. This actually adds to, you know, a list of other concerns that I have had about how communications have been undertaken . This last year I was very concerned when the water park was playing very loud music up until at least 10:30 at night. It actually went a little beyond that. And I know there were a number of residents that were very upset. They called into the police. We discovered at some point that, yes, they had been granted a permit to, you know, play that late in the evening. It just strikes me that there does not seem to be adequate input on the part of -- or opportunity for input on the part of residents or sensitivity on the part of the city to the needs and Meridian City Council November 8, 2017 Page 6 of 28 desires of the community and the neighborhood and this just seems to follow a little bit of that same pattern, which I would hope would be something that we could address . Thank you very much. De Weerd: Thank you. Coles: And that concludes Item 5, Madam Mayor. De Weerd: Thank you. Mr. Palmer. Palmer: Madam Mayor. Maybe yourself or Mr. Nary might be -- maybe somebody could fill us in kind on the process where -- where we were at with that and how -- how that would go -- when did the final decision get made and all of the different process as to where the fire station is going to go. Nary: Madam Mayor, Members of the Council, I would suggest, based on the comments, that you schedule this for an item for discussion for your workshop next week, so that you can, then, map out a communication plan or how you want to discuss that or provide that. I know the chief isn't here tonight, so I know some of that communication is planned. I don't know when it's planned. I know that was part of the article I read. But maybe we could put this on next week's agenda for further discussion and, then, we could do what you're suggesting, Councilman Palmer, is create that -- that calendar of events of when that would occur. De Weerd: Yeah. No decisions have been made. The conversation has begun and that's usually when it lands in the paper and it seems like it's a done deal , it is not. So, we will put it back on the -- the workshop and also communicate it to those who have reached out. Item 7: Consent Agenda A. Approve Minutes of October 24, 2017 City Council Regular Meeting B. Resolution to Approve Destruction of Certain Semi-Permanent Records of the Public Works Department Resolution #17-2046 C. Permanent and Temporary Easement Contract with Skyline Boise LLC D. Black Cat Trunk For Citadel Storage on Amity Temporary Easement E. Final Plat for Bainbridge Hess Subdivision No.1 (H-2017-0133) by Brighton Investments LLC located approximately ¼ mile Meridian City Council November 8, 2017 Page 7 of 28 south of W. Chinden Blvd. and east of N. Blackcat Rd. F. Final Plat for Castlebridge Subdivision (fka Kingsbridge) (H- 2017-0135) by Jarrod Langston located at 3475 E. Falcon Drive G. Findings of Fact, Conclusions of Law for Aegean Estates (H- 2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road H. Findings of Fact, Conclusions of Law for TM Creek Apartments (H-2017- 0124) by SCS Brighton, LLC generally located South of W. Franklin Road and East of S. Ten Mile Road I. Findings of Fact, Conclusions of Law for Madden Subdivision (H-2017- 0121) by Kobe, LLC located at the Northeast Corner of Locust Grove and E. Franklin Road J. Findings of Fact, Conclusions of Law for Pond Subdivision (H- 2017-0115) by Schultz Development located at 2980 N. Meridian Road K. Findings of Fact, Conclusions of Law for Gensco (H-2017- 0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road L. Findings of Fact, Conclusions of Law 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 M. Findings of Fact, Conclusions of Law 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 N. Approval of Task Order # 10782.a for Design Services for S. Meridian - Linder Road Sewer Trunk to Keller Associated, Inc. for the Not-to-Exceed amount of $103,250.00 O. Asset Purchase and Transfer of Title Agreement with Idaho Power for an amount not to exceed $761,693 P. Approval of Task Order 10641.a for Professional Services for “WELL 28 WATER TREATMENT FACILITY - DESIGN” to Mountain Waterworks, Inc. for the Not-To-Exceed amount of $232,554.00. This Task Order is issued in conjunction with the Master Agreement with Mountain Waterworks, Inc. Meridian City Council November 8, 2017 Page 8 of 28 Q. Approval of PO #18-0084 for City Prosecutor/Criminal Legal Services for FY18 to the City of Boise - Attorneys Office for the Not-to-Exceed amount of $359,705.87. This PO is issued in conjunction with the 15th addendum dated Oct 10, 2017 to the Agreement for Prosecutor/Criminal Legal Services dated Nov 1, 2002 R. Approval of Contract Amendment No.2.a to OXARC, INC. for the Sodium Hypochlorite – Water Department project for a Not- To-Exceed amount of $90,000. S. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the CHERRY LANE & BARAYA PRVs project for a Not-To-Exceed amount of $158,200. T. Approval of a Sole Source Purchase for Wastewater’s Aqua Diamond Filter Media and Associated Parts from Aqua-Aerobic Systems, Inc. for the Notto-Exceed amount $39,924.20. The Manufacturer has changed their business model and equipment is no longer available through any resellers; Manufacturer is a sole source distributor. U. AP Invoices Paid 11/1/17 - $757,313.68 V. AP Invoices for Payment 11/8/17 - $571,879.13 De Weerd: Okay. If there is nothing further, Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item 6-B the resolution number is 17-2046 and with that I move we approve the Consent Agenda. For the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk. Coles: Madam Mayor, may I make a comment? The publicly noticed agenda I spoke about earlier for the proclamation does have Item 6 listed as -- as the proclamation. De Weerd: I know, but that's not the one we took a motion on, so we will do it right after this. Meridian City Council November 8, 2017 Page 9 of 28 Coles: Very good. De Weerd: Thank you. Coles: I will call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Moved to after Consent Agenda: Proclamation for Nurse Practitioner Week De Weerd: So, I will move to the podium and I believe that we have a couple of representatives to accept this proclamation. Very good. You must be Amanda. Okay. If you will join me at the podium. Thank you for joining us. I have an opportunity to read this proclamation and, then, I will hand it to you, Amanda, and if you would like to make a few remarks. Draper: Okay. De Weerd: Whereas five decades of research demonstrates the high quality of care provided by nurse practitioners who serve as trusted frontline providers of healthcare for patients and whereas nurse practitioners diagnose, treat, and prescribe medications and other treatments to patients through a caring, patient centered, holistic model of care and whereas there are 234,000 licensed nurse practitioners in the United States and in 1804 in Idaho providing -- or 1,804 -- since 1804 I'm sure -- in Idaho providing primary acute and specialty care to patients of all ages and walks of life and whereas citizens of our state and nation have great trust in the high quality care nurse practitioners provide, resulting in over a billion patient visits annually to nurse practitioners across the country, me included, and whereas Meridian is proud to recognize and honor the service of nurse practitioners to our state. Therefore, I, Mayor Tammy de Weerd, hereby proclaim November 12th through the 18th as Nurse Practitioner Week in the City of Meridian and in recognition of the countless contributions that nurse practitioners have made over the past half century and will continue to add to the health and well-being of our citizens and our community and state. And we do have a number of nurse practitioners here in the Treasure Valley. We have educational programs that specifically train them up and we are proud to have you Meridian City Council November 8, 2017 Page 10 of 28 here this evening with us. Draper: Thank you. De Weerd: Thank you. Draper: Thank you for your time, Madam Mayor, and I'm very appreciative. Idaho was the very first state to authorize full practice authority and now we have 22 states and Washington D.C. that also offer that and very thankful to work here in the great state of Idaho. I have worked for St. Alphonsus as an internal medicine nurse practitioner for the last nine years and very thankful for their acceptance of us into their organization and it continues to grow year after year, not only providing primary care, specialty care, but also holding leadership positions within the organization. So, I want to thank you for your time. Thank you. Item 9: Community Items/Presentations A. Mayor’s Youth Advisory Council Update De Weerd: Okay. Item -- our next item is the Mayor's Youth Advisory Council for your monthly update. Welcome, Collin. Freese: Thank you, Madam Mayor. Today with me I have Nick Hobson, who is Meridian ambassador for MYAC and so, Nick, if you want to say a few things about what you do in MYAC. Hobson: Does this one work? De Weerd: Yes. Hobson: Okay. So, I'm Nick Hobson. Like Collin said, I'm the Meridian High School ambassador. So, what I do -- I communicate from MYAC to the high school. I'm pretty much the bridge and so what I do is talk to the principal, the student council, and I try to get the Information from MYAC to the school. So, we have events together. We communicate trying to improve the lives of our students, provide leadership opportunities and community service hours for MHS and for the students as a -- as a whole. I love doing it and I love getting to know the kids and to improve the school -- schools any way I can and I bring the school information to MYAC, so that if Meridian has a problem, then, I can communicate to the other ambassadors and we all work together as MYAC to improve the schools. De Weerd: And, Nick, I guess I would just add kind of something that was added at the Safety Summit -- is you're kind of that accountability piece to the plan that you put together as a -- as a school to address some of the issues that were identified and developed at the Summit; correct? Meridian City Council November 8, 2017 Page 11 of 28 Hobson: Yes. De Weerd: Very good. Freese: Madam Mayor -- how do I turn the screen on, so I can see what slide is up? Thank you, sir. Thank you. De Weerd: That was a promotion. Freese: Oh, sweet. De Weerd: You are now staff. Freese: Sweet. So, to go over one of the events that we just had was TAC put on an activity at Farmstead where the first 60 people to sign up got in free and so we had just a moment just to socialize with all the students from MYAC and just bond with them and show, hey, like let's just come together and just have some fun with each other and socialize and talk and just to grow with each other and get to know one another from different schools, like Renaissance and Mountain View. So, these are a couple pictures from just the activity and all of us just getting together . And, then, another one that we did -- as you know, Renee did Trunk or Treat and that was an absolute amazing turnout, if any of you guys -- I know I saw a couple of you guys there and so it was just beautiful just to see how many people from the community got together and MYAC's purpose in this was to volunteer and serve the whole time, going out and -- MYAC had a booth for lost children and we had a couple of MYAC students who went out and were in charge of different parts of Trunk Or Treat, leading cars and trunks to where they wanted them to go, so that we could just help any parents or children that were needing to know anything that was going on. Another thing is we have had an average of 90 students at our MYAC events and so every other Monday at MYAC we have been having a social get together, so we have ice breakers, getting to know the kids, and afterwards we go and meet at Slice to spend time with each other just -- our main focus this year is to just be connected, not be separated from MYACers who come in from different schools, but to show that, hey, we are on the same page as you. We want to be hanging out with you guys and we want to get to know you as well. And, then, one of the future events that we have coming up is a Rake Up Meridian, so what we do is we go out and rake up houses for people who are unable to and the main focus is just first off to serve the community and just grow with each other. That's it. Do you have any questions? De Weerd: Thanks, Collin. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Collin, can you give a brief update on the status of participatory budgeting? Meridian City Council November 8, 2017 Page 12 of 28 Freese: Yes. So, right now we are in the process -- I believe seven packets were accepted and so we are at that process where now they have to create a presentation for us and we are going to vote on in the upcoming months. Borton: Madam Mayor? De Weerd: So, on -- yes. So, the -- there will be a briefing at our next MYAC meeting and for December 13 they will have poster boards and have kind of a rotating presentation. We will break the MYAC members into groups and they will rotate through each of the different projects. They did have a little bit of a more robust application this year. Out of the nine that were submitted there are seven that are moving forward and the vote will be taken after the p resentations by ballot and so those will be narrowed down to the top three that will roll forward into January for the final presentations and vote. Borton: Okay. De Weerd: Okay? Borton: Thanks. De Weerd: Anything further? Thank you for joining us, Collin and Nick. We appreciate you being here. And Jodi of course. Item 10: Action Items A. Amended onto Agenda: Request to Approve Alcohol License within 300' of a Place of Worship for The Vault De Weerd: Okay. Item 9 under Action Items, amended onto the agenda is Item 9-A. And who is taking that? Mr. Clerk? Coles: I can, Madam Mayor. We had an application for an alcohol license for The Vault at the corner of Idaho and 2nd Streets. They have their -- their state, their county, but we found out through the application process that it falls within 300 feet of the Methodist Church almost directly across the street, so because it's within 300 feet of a place of worship it requires action by this Council to approve their application. I don't know if Mr. Nary has anything in addition to add to that. Nary: Madam Mayor, Members of the Council, he said it perfectly. That's the only reason it's on there because of the proximity. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council November 8, 2017 Page 13 of 28 Borton: If I read the packet right, it's -- it's a beer and wine application request only, not liquor? Nary: Correct. Bird: Just beer and wine. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Mr. Nary, Mr. Clerk, was there any objection from that church that falls within that range? Nary: Madam Mayor, Members of the Council, we haven't -- we don't provide notice to any -- any of the churches on these issues. We just add it to the agenda. So, we haven't provided them any direct notice. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: So, action is required by us because it's 300 feet, but we didn't ask them what they thought? Nary: Madam Mayor, Members of the Council, Council Member Palmer, you have had other ones on there, the same -- the same ones earlier when we had the Hop Haus, same issue. We don't -- we don't provide individual notice to anyone. The state status simply says any liquor or beer or wine license issued within 300 feet of a church or school are required to be approved by the board directly , not by a licensing officer. So, it doesn't have any noticing requirements in the code or in our code to provide to either a school or to a church. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And with the last one I had asked the same question, you know, if they had had any objection and someone had spoken to them and they had said that they had no objection. So, I'm just curious if they have an objection, understanding it's probably not considering that tends to be the case, but I'd like at least to hear from them, since it's in code that it's because of them we are going to have to -- we have to approve it. So, I'd like to at least hear what they have to say. Little Roberts: Madam Mayor? Meridian City Council November 8, 2017 Page 14 of 28 De Weerd: Mrs. Little Roberts. Little Roberts: It's my understanding that The Vault has been an event center for quite a while. I have been at several events where alcohol has been served and I have not heard -- if anybody can correct me -- any complaints regarding private parties where alcohol has been served. So, I would think that this would kind of be in line to continue on and let them serve their own beer and wine. De Weerd: I -- I think that the practice has been it hasn't been necessarily a public hearing, it's -- it's just by our -- our practice. It's not a decision at the staff level, it's a decision at the City Council level. The Hop Haus, they reached out because it -- it was a new use. In this case we have two other drinking establishments on that block and so it was not something that was new. Liquor is sold in that area. So, it hasn't been standard practice for that. If you want to have that as a -- as steps certainly this Council can send that direction, but in the past it's just been because it's not a staff level decision it's a Council level decision that that has been the protocol. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the alcohol license within 300 foot for The Vault. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, as a substitute I move we continue Item 9-A for one week to give us a chance to ask them if they have an opinion. De Weerd: Okay. Do I have a second? Cavener: Second. De Weerd: I have a motion and a second to continue this item until next week during our workshop. All those in favor say aye. Palmer: Aye. Cavener: Aye. De Weerd: Okay. Those opposed say nay. Okay. Motion failed. Meridian City Council November 8, 2017 Page 15 of 28 MOTION FAILED: TWO AYES. FOUR NAYS. De Weerd: The motion that I will ask you to weigh in on is a roll call vote to approve the alcohol license for The Vault. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. De Weerd: All ayes. Motion -- or I'm sorry. The ayes have it. Sorry, Mr. Palmer. MOTION CARRIED: FIVE AYES. ONE NAY. De Weerd: I think it's -- it would be an important step that -- just as part of that process that the church that is within the 300 feet are reached out to and even in follow up to this, just to reach out and let him know. Coles: Absolutely. Thank you, Madam Mayor. As an administrative step we can do that. B. Final Plat for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way De Weerd: Thank you. Item 9-B is final plat for H-2017-0131. I will ask for staff comments. Allen: Madam Mayor, Members of the Council, I believe that file number belonged to Rockbury Subdivision final plat application. They have requested continuance to the November 21st hearing to resolve some concerns that ACHD and ITD have with the approved right-in, right-out access. De Weerd: Okay. Council, any concerns about continuing this until November 21st? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2017-0131 until November 24th, 2017. Borton: Second. De Weerd: I have a motion and a second to continue Item 9-B to November 21st. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council November 8, 2017 Page 16 of 28 C. Final Plat Modification for Maddyn Subdivision (H-2017-0136) by A Team Land Consultants located on the West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive De Weerd: 9-C is a final plat modification on H-2017-0136 I will ask for staff comments. Allen: Thank you, Madam Mayor, Council. This request is for a final plat modification. The site consists of 10.32 acres of land. It zoned R-8 and R-15, located at 2975 and 3001 North Meridian Road. A little history on this site. Back in 2016 this property was annexed and zoned, preliminary platted for 29 single family residential building lots, ten multi-family lots, and six common lots and a conditional use permit for a 48 unit multi- family development was approved. The final application was approved earlier this year, but the plat has yet to be recorded. A condition of approval of the final plat requires the applicant -- excuse me -- the plat to be recorded prior to issuance of any building permits. The applicant is requesting a modif ication to this condition to allow building permits to be issued prior to recordation of the plat on the multi-family portion of the development only. The plat is required to be recorded prior to issuance of any certificates of occupancy being issued. The modification will allow the applicant to get started on construction on the multi-family portion of the development, while the plat goes through the recording process. The applicant is requesting the following site specific conditions to be revised. Site specific condition number ten currently reads: Prior to issuance of a building permit the applicant shall record a final plat for the single family development. Prior to issuance of -- and staff is recommending this language be added. Building permits for the multi-family portion of the development, the developers shall complete the following prerequisite items. First, the domestic water system shall be installed, tested, and activated, so that fire hydrants are available during construction. Second, the sanitary sewer system shall be installed and tested. And, third, at a minimum a compacted gravel road base shall be in place that will support the weight of a fire apparatus, 75,000 pounds. And a new condition is added that the applicant shall record the final plat prior to issuance of any certificate of occupancies for the multi-family dwellings. Staff is recommending approval of the proposed modification per the staff report. De Weerd: So, what has been the hold up on the final plat? Allen: Madam Mayor, Council, I don't believe there has been any hold up necessarily, but they -- it will take a while to go through the process and get routed for signatures and get recorded and the applicant just wishes to be allowed to be able to pull buildi ng permits and get started with the construction , with the understanding that prior to issuance of certificate of occupancy that plat would be recorded. Multi-family you can -- you can build more than one structure on a -- on a parcel or property. So, that's what this would be. De Weerd: So, minimal risk -- Meridian City Council November 8, 2017 Page 17 of 28 Allen: Yes. De Weerd: -- to zero. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This is the -- perhaps maybe another rare exception if the multi-family component justifies it to what staff has counseled otherwise is a -- that's a risky path to go down, for future applications to -- to reverse the order of what's been the standard practice? Allen: Well, Madam Mayor, Councilman Borton, Councilmen, the city does d o this on commercial developments. It is -- it's not a practice on single family developments. That plat does need to be recorded first. Multi-family is a little bit of a hybrid -- a hybrid between the two as more than one building can be constructed on a -- on a lot, as is the same for commercial uses. Borton: So -- Madam Mayor? Allen: Multi-family doesn't necessarily -- excuse me if I may just further -- Borton: Yeah. Allen: -- Multi-family doesn't necessarily -- isn't required to be subdivided. A multi- family development can simply be one parcel. This one is a little bit different, since they do have a single family component to it, but they aren't planning to start the single family until -- De Weerd: So, without a recorded plat there is no issues and verifying setbacks and -- and where utilities or easements are or anything like that? I'm just trying to think of what is the risk and what could be those downsides. Allen: Yeah. Certainly. Madam Mayor, they do have a final plat that has been approved. When the certificate of zoning compliance comes in for approval staff will be reviewing all of those issues to make sure that everything is consistent with that final plat that has been approved. Hood: Madam Mayor, if I can just build on that a little bit. A lot of the risk in this case is on the developer. If the construction crews put the foundation in the wrong spot and it's too close to a future lot line, then, that's something that they are going to have to rectify or submit a new plat to correct that, because it will need to meet the appropriate setbacks for when those lot lines actually exist. So, most all of the risk is actually on their side, but we are the bad guy when we get to tell them, hey, your concrete crew put this two feet too close to this property line. So, it's not typical, it's still not something we Meridian City Council November 8, 2017 Page 18 of 28 generally support, but as Sonya said, multi-family does have more of a commercial nature to their construction and even their occupancy and we are definitely more comfortable with a multi-family project moving forward before plat recordation than -- than single family homes. De Weerd: It seems to me like we have had one where we have done something like that, they have been sold and the new owners have not known that their apartment complex was not ready to make good on the leases and the move -ins and, of course, we were the bad people by not allowing them to move in . So, is this going to be something that could happen in this one as well? Hood: Madam Mayor, Members of Council, no. I did talk to Bruce Freckleton a little bit about that scenario, too, and that was a different scenario where that project had a main that was going through their site that wasn't up and ready. Here you have a brand new intersection and all the utilities are right out in front of this property, so services aren't a problem as they were in that -- in that situation there on -- near the freeway. So, no, this isn't the same -- same situation. Again, we have -- we have kind of gone through those scenarios of what potentially could go wrong doing this out of order and in this case we are -- we are pretty comfortable with allowing it to move forward. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- oh, wait a minute this is -- no. I move we approve -- it's Wednesday night. H-2017-0136 and include all staff recommendations. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-C. If there is no discussion by Council, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: On this topic -- and you have highlighted the -- the findings, for lack of a better Meridian City Council November 8, 2017 Page 19 of 28 word of the exception for taking certain things out of order. I think that's really helpful. If and when the next request like this comes, single family, multi-family, or otherwise, that -- that they want to do that out of order prior to plat, it would be really helpful to -- almost like a variance, to try and articulate why this is a unique exception that warrants deviating from the rule that -- that we all support, the final plat has got to get recorded first, so -- because we are going to be asking I think to find those specific characteristics to warrant granting it. Just so the applicants know going forward there is going to need to be something unique to justify it. Allen: Madam Mayor, Councilman Borton , noted. I'm not sure how to go about that. I can work with the city attorney. Since this doesn't have findings this will be an order -- Borton: Yeah. Allen: -- of approval, but -- De Weerd: I think it's probably just in your presentation as you lay it out, we had this request, here are the steps we went through to analyze it, if it presented any risk and -- Allen: Okay. Borton: Madam Mayor? What -- I guess what we are trying to capture is -- so, the applicants know on the very front end here is the concerns that Council have. There is a policy, we do it this way, we are all supportive of that, so you're going to need to -- Allen: Understood. Thank you. Borton: Yeah. Thanks. D. Public Hearing for Linder Professional Plaza (H-2017-0138) by M & L Properties, LLC located at 4664 N. Penngrove Way 1. Request: short plat consisting of 3 building lots on 1.56 acres of land in the L-O zoning district De Weerd: Okay. Item 9-D is a public hearing for H-2017-038. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Council. The next application before you is a request for a short plat. This site consists of 1.56 acres of land. It's zoned L-O, located at 4664 North Penngrove Way. The applicant is requesting a short plat consisting of three building lots on 1.56 acres of land in the L-O zoning district. This is a resubdivision of Lot 3, Block 45, Bridgetower Crossing Subdivision No. 15. All of the proposed lots comply with the dimensional standards of the district. No written testimony has been received on this application. Staff is recommending approval per the conditions in the staff report. Meridian City Council November 8, 2017 Page 20 of 28 De Weerd: Okay. Council, any for staff at this time? Borton: Madam Mayor, one quick one. Sonya, there was reference in the packet about a sidewalk as one perhaps unresolved issue. Is that -- Allen: Madam Mayor, Councilman Borton, Council, the applicant has agreed to install that sidewalk. This one was a little bit different in the case that Penngrove when it -- when the plat was originally recorded that was not a public street. Therefore, the sidewalk wasn't required, nor was a buffer along Penngrove. Since that time the -- it has been dedicated as a public street. Therefore, with the subdivision -- there are subdivision improvements that now kick in based on that right of way that's adjacent to the site. So, it does require sidewalk and a ten foot wide street buffer. The applicant is here to speak to that tonight. Borton: All right. De Weerd: Okay. Thank you. Is the applicant here? Thank you for joining us. If you will, please, state your name and address for the record. Kenyon: My name is Caleb Kenyon. Address 16 12th Avenue South, Suite 112, in Nampa, Idaho. 83651. De Weerd: Thank you. Moorhouse: I'm David Moorhouse. 3536 West Rider Cup, Meridian. De Weerd: Thank you. Kenyon: I am the civil engineer for the project. The project consists of a -- of a lot that's going to be split into three different lots for development of professional off ice buildings. We will be incorporating a new sewer and water main . There will be no new roads with the project. We will be using existing -- existing entrances into the property and there is a -- a cross-access easement to -- to access the different properties. The -- the use of the property will not change. We are just simply looking to make -- make the one existing lot into three smaller lots to -- to help sell the properties. De Weerd: Okay. Thank you. Council, any questions for the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Same question with regards to the sidewalk. It just appeared that there might be something unresolved with the installation of the sidewalk, is that -- Meridian City Council November 8, 2017 Page 21 of 28 Kenyon: We are currently in the -- in the process of updating the plans. We are planning to install the sidewalk along Penngrove. Borton: Okay. Thanks. De Weerd: Okay. Any further questions from Council? Anything further? Kenyon: No. Thank you for your time. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone that has signed up, Mr. Clerk? Coles: Madam Mayor, the only other sign ups were Jordan Morehouse in favor, not wishing to testify, and Chuck Vandam, with no indication on the project or indication of testimony. De Weerd: Okay. Is there anyone who wishes to testify on this application? Okay. Seeing none -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on Item H-2017-038. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the short plat request on item H-2017-038, to include staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-D. Is there any discussion from Council? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council November 8, 2017 Page 22 of 28 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing for Proposed Fee Updates for Certain Temporary Use Applications 1. Resolution No. 17-2047: Adopting New Fees of the City Clerk’s Office; Repealing Outdated Fees; Superseding Fees Previously Adopted; Authorizing the City Clerk’s Office to Collect Such Fees De Weerd: Item 9-E is a public hearing for proposed fee updates for temporary use applications. Mr. Clerk. Coles: Thank you, Madam Mayor. By the time I finish speaking I would be down at the podium. So, with your indulgence I might just present from here this even. This is a follow up to the temporary use ordinance that we just passed and some updates to the temporary use code. We spoke three weeks ago about needing to follow that with a fee update to coincide with what the ordinance suggests. So, in front of you this evening is that resolution for the -- the fee updates. The only new fee here is the 150 dollars, which is the large scale special event. We are doing away with the citizen's use application, which is the roadway applications to coincide with ACHD and we are rolling that into what is a special -- large scale special event. We have had that before, but now we are removing one fee and adding the -- that application process into the large scale special event. So, that is why you see a new fee of the 150. And the other fee that's listed there we are actually reducing if you're in a park, if you're regular scale and so forth. So, that is what you have in front of you this evening. De Weerd: Thank you. Council, any questions for the clerk? Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item ? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on Item -- on Item 9-E. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 8, 2017 Page 23 of 28 De Weerd: We have a resolution 17-2047. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve resolution number 17-2047. Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion from Council? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Department Reports A. Fire Department: Proposed Update to Public Fireworks Display Permit De Weerd: Item 10-A is under Department Reports. We have our fire department to talk about an update to our fireworks ordinance. Bongiorno: Madam Mayor and City Council, I took over as the fire marshal in May and what this update is is a result of some training on fireworks display that we took this summer through the city of Boise. What the city of Boise implemented with their fireworks application is basically a checklist of things that they would like the company that's providing the fireworks to provide to the fire department and all this is is taking that checklist and putting it into our ordinance is what this is. In the checklist is -- is simple items like, you know, a more detailed plat -- site plan of what we have been getting in the past. Since I took over in May, this checklist that we got from Boise fire that we have incorporated -- I have been utilizing with all of our vendors for the 4th of July. So, the Speedway, they did it. Farmstead did it. I currently -- I already got the list for our Christmas tree lighting festivity -- festivities and the Village is doing fireworks on the 17th for their Christmas tree lighting as well. So, all of them have already met the requirements of this ordinance. I have had a very good working relationship with the fireworks suppliers. So, if you would like I can go through some of the highlights of the draft. Meridian City Council November 8, 2017 Page 24 of 28 De Weerd: That would be awesome. Bongiorno: Okay. So, in Section G there is a section in there that allows a window for appeal, if for some reason the -- we deny their fireworks permit, there is an avenue for appeal in there. One of the big ones is Item I-2, which adds a provision that will allow me as the fire marshal to revoke the fireworks permit in case of something dangerous . You know, high wind, red flag warning, whatever. Most of the shooters that actually shoot the fireworks off are well aware of -- of when they should and shouldn't be shooting off fireworks. In item 3 it talks about the ordinance, required description of prior experience. This proposed draft requires documentation that they actually meet the NFPA standards for a fireworks pyro technician. Item 6. We kind of talked about the site plan. So, 6-A through L talks about all the different site plan requests that I will be looking for to approve their fireworks permit . Item 7, basically just requests a detailed list of what they are actually shooting to make sure that if they are shooting a three inch mortar that they have got the proper clearance for the fallout zones when -- so that the -- what they are shooting matches with their site plan. On Item 5-A or -- yeah. 5-A clarifies the discharge of dangerous fireworks requires a public fireworks display permit. 5-B we updated some NFPA document dates to current editions that are being utilized in the International Fire Code. Item C-1 has a requirement that the applicant provide information about the pyro technician operating the display. Licenses, certifications, anything that they may have. What I typically get from the fireworks supplier is I get a resume of the shooter, the one that's actually shooting the show, and it shows all of their certifications, all their licensing, so that we can make sure that they actually know what they are doing. That's kind of the -- the nutshell of -- of what this draft ordinance is. So, if you have questions I would be more than happy to attempt to answer them. De Weerd: Thank you. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: How -- how long is our existing draft -- or our existing code with regard to fireworks displays? Bongiorno: How long is it? Palmer: Is this a huge addition or -- Bongiorno: No. Like I said, the biggest -- I'm sorry. Councilman, the largest section that got changed is six and seven where we added just the -- I call it the checklist is what I have been giving those people requesting I need these items for your site plan, I need these items about your shooter. It's just -- it's more information that we are requesting of the firework supplier. The rest of it hasn't really changed. All we are doing is changing dates on NFPA standards. Meridian City Council November 8, 2017 Page 25 of 28 Palmer: Madam Mayor, follow up. De Weerd: Mr. Palmer. Palmer: And have we checked with the -- anybody who -- any vendors of these -- this -- whoever does this work? Bongiorno: Yes. Palmer: Have we checked with them to get their opinions on -- on the draft? Bongiorno: Yes. The draft itself, no. Like I stated before, I started in May, so I supplied this checklist to all of these people ahead of time and everyone has been able to fulfill this list. There is really only two firework suppliers in the valley that we deal with . Fireworks America down in San Diego and the gentleman out of Oregon. And they have all given me everything that was on the list and so I have taken that data and now each year as we progress, all I will have to get is the newest -- whatever they are shooting from that point, because they typically do the same shows every year. De Weerd: So, basically, this doesn't change in practice what the operators of these firework shows have been providing the city, it just gives them something that they can check off and -- Bongiorno: Correct. De Weerd: Okay. Bongiorno: Yeah. And that's usually what the last three I have gotten, they have taken my checklist, turned it into a list, and said here is this item, here is this item and, basically, it's just a quick checklist of the items that -- that I need to make an educated -- you know, can we approve this permit or not. De Weerd: Okay. Thank you. Anything further? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, it might be a formality, but would you be able to submit this draft to those -- those public fireworks providers, including anyone that might have utilized the Speedway in recent years to provide a public fireworks d isplay to get their comment? Bongiorno: I would be more than happy to do that. We have time. Borton: Yes. Meridian City Council November 8, 2017 Page 26 of 28 Bongiorno: We have time on our hands. Borton: Okay. That would be helpful. Bongiorno: Yeah. So, I can -- I can present that to them this next week and come back to Council, you know, with the comments or whatever direction you would like to go to -- to get this into ordinance. De Weerd: If you can have that for when we set it on for the next discussion. Bongiorno: Okay. De Weerd: Okay. Bongiorno: That would be great. De Weerd: Thank you. Bongiorno: Anything else? De Weerd: No. Thank you very much. Bongiorno: Thank you. Item 12: Future Meeting Topics De Weerd: Okay. Items under future meeting topics. I know we just added one earlier. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't know whether it's a topic. The first one, which is know -- which I think everyone noted was good comments we heard this earlier about opportunities for gathering public input from the neighborhood with regards to fire station locations. It's part of the decision making process, so I think that's appreciated as a future meeting topic. Another one might be -- it's in relation to the school district and the -- the opportunity for the school district in the city to participate and -- and exchange information earlier on in certain development projects, well before it gets the Council to try and facilitate some communication between the district and the applicant the city can play some role to have that occur earlier on in the process. De Weerd: I -- I believe -- and I will have to ask Caleb or Bill, they are invited to pre-app meetings or -- so, do they regularly attend? No. Meridian City Council November 8, 2017 Page 27 of 28 Borton: Then there may be -- and good example -- and this isn't -- this is for a future meeting topic, obviously, but we have got, you know, a representative from ACHD here often, which is wonderful. It's perhaps costly to them, but it's a great benefit to us and the earlier that those entities can communicate -- and if it's not perhaps as effective as it could be, it would be worth exploring why it might not be as effective as it could be and maybe there is different ways to facilitate that communication earlier on. Because when it gets to Council and we receive every now and then a letter that speaks to what the district's concern may be on growth as growth, I think it might be for us to discuss a more effective way to have that conversation earlier in the process, so -- De Weerd: Okay. Cavener: Madam Mayor? De Weerd: We will put that as a future topic to discuss. Borton: Fair enough. Mr. Cavener. Cavener: Madam Mayor, thank you. For what it's worth, as one who has spent some considerable time knocking doors over the past few weeks, I happened to knock a couple of school board members' doors and had similar conversations to what Council Member Borton had -- had spoken directly to and I know that there is a -- a review process going on internally within that facility and that organization to perhaps be more proactive early on in that process and perhaps as we continue our conversation on the city side we will be meeting them who will be having conversations at the same time. Item 13: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74- 206(1)(j): To consider labor contract matters authorized under section 74-206A(1)(a) and (b), Idaho Code. De Weerd: Okay. Anything else? Okay. Item 12 is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive S ession as per Idaho State Code 74-206(1)(f),(1)(j), (1)(a) and (b). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Meridian City Council November 8, 2017 Page 28 of 28 Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:03 p.m. to 8:05 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Borton: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR A MY DE WEERD DATE APPROVED ATTEST: C. J COL , CITY CLERK S'i1 v of o w m E jD�AN�. 0 SEAL 4 / Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: November 8, 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 Ch e �h JL �3r kc'tr\ �cD rn e,-( I (?c�, 6, Cree �a,� � � F, re ,A,�4 n e P •; r �-o�-� n o r �. i,l le L n z. ley IM aAu` Ili �AOT P i- Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Proclamation for Nurse Practitioner Week MEETING NOTES �o % C/ fte�- c�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS The Office of the Mayor P R O C L A M A T I O N WHEREAS, five decades of research demonstrates the high quality of care provided by nurse practitioners who serve as trusted frontline providers of health care for patients; and; WHEREAS, nurse practitioners diagnose, treat and prescribe medications and other treatments to patients through a caring, patient-centered, holistic model of care; and WHEREAS, there are 234,000 licensed nurse practitioners in the United States, and 1804 in Idaho providing primary, acute and specialty care to patients of all ages and walks of life; and WHEREAS, citizens of our state and nation have great trust in the high-quality care nurse practitioners provide, resulting in over a billion patient visits annually to nurse practitioners across the country; and WHEREAS, Meridian is proud to recognize and honor the service of nurse practitioners to our state; THEREFORE, I, Mayor Tammy de Weerd, do hereby proclaim November 12 through November 18, 2017 as Nurse Practitioner Week in the City of Meridian in recognition of the countless contributions that nurse practitioners have made over the past half century and will continue to make to the health and well-being of citizens in our community and state. Dated this 8th day of November, 2017 ___________________________________________ Tammy de Weerd, Mayor Keith Bird, City Council President Joe Borton, City Council Vice-President Anne Little Roberts, City Council Genesis Milam, City Council Luke Cavener, City Council Ty Palmer, City Council Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 24, 2017 City Council Regular Meeting 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 Little Roberts: I move we adjourn. Borton: Second. Bird: Have a motion to adjourn and a second. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: See you guys. MEETING ADJOURNED AT 9:34pm (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYbR TA DE WEERD DATE APPROVED ATTEST: — -PGo�QD�kp.TEDAIjo i C. JAY OLE CITY CU -R9 C;wur w 2 IDA" SEAL Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Resolution to Approve Destruction of Certain Semi -Permanent Records of the Public Works Department MEETING NOTES O Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 1 �)Lo Z)y BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT RECORDS OF THE MERIDIAN PUBLIC WORKS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(7) to, by resolution, destroy semi-permanent records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Public Works Department: Record Type Date Range Description Discharge 1979-1986, 1992-1999, Records documenting Monitoring Records 2002-2006, 2010-2011 effluent quality discharged from the City wastewater treatment facility. Includes permit required supporting documentation. National Pollutant 1978-2011 Records documenting the Discharge Elimination application for and issuance of a System (NPDES) Records permit to the City under the National Pollutant Discharge Elimination System (NPDES) program which allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical Resolution to Destroy Records of the Public Works Department Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Adopted by the City Council of the City of Meridian, Idaho, this 6 day of November, 2017. Approved by the Mayor of the City of Meridian, Idaho, this day of November, 2017. ATTEST: By: /- C.JA-Y Co APPROVED: Mayor Ta de Weerd / 2GO�QDaPTEDAC/G,� i Clerk (71Y Of w SEAL Resolution to Destroy Records of the Public Works Department analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Adopted by the City Council of the City of Meridian, Idaho, this 6 day of November, 2017. Approved by the Mayor of the City of Meridian, Idaho, this day of November, 2017. ATTEST: By: /- C.JA-Y Co APPROVED: Mayor Ta de Weerd / 2GO�QDaPTEDAC/G,� i Clerk (71Y Of w SEAL Resolution to Destroy Records of the Public Works Department Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Permanent and Temporary Easement Contract with Skyline Boise LLC MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-107579 BOISE IDAHO Pgs=19 BONNIE OBERBILLIG 11/09/2017 12:52 PM CITY OF MERIDIAN, IDAHO NO FEE City of Meridian 33 East Idaho Street; Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-15-116, City of Meridian, Black Cat Trunk Sewer Parcel #and Owner; Sl ] 33122300, 15.15 AC parcel, located in the northwest corner of Section 31, Township 3 North, Range I East, Skyline Boise LLC. ("Subject property") Date: �) Z--7/1 -7 THIS EASEMENT CONTRACT, made this Z 7 day of _ 2 101Errt 4Q -%r' 2017 between the City of Meridian, acting by its Mayor and Council, herein called "CITY"and Sk "GRANTOR". +Lhne Boise LLC herein called WHEREAS, CITY is constructing the Black Cat Trunk Sewer Phase 5 project in South Meridian(the "Project"); and, WHEREAS, this Project will improve sewer capacity and delivery as well as extend sewer services through an area of existing and future development and growth in South Meridian; and, WHEREAS, GRANTOR'S real property identified above is a suitable location for a portion of the Trunk Sewer; and, WHEREAS, subject to the terms outlined in that certain Development Agreement between CITY and GRANTOR dated the 15" day of March, 2016 ("Development Agreement"), GRANTOR has agreed to deliver to the CITY a Permanent Sanitary Sewer Easement included herewith as Exhibit A-1; and, WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Temporary Construction Easement included herewith as Exhibit A-2; and, NOW THEREFORE, the parties hereto agree as follows: L MODRPORATION M REQTALS: The above recitals are included in this Agreement and by this reference are incorporated herein. I. CITY CONSIDEUT-10N aad RESPONSIBILITIES CITY agrees to the following in consideration for the GRANTOR's agreement to provide the easement agreed to in the Development Agreement and the Temporary Construction Easement requested herein. A. The CITY shall notify the GRANTOR at least 14 days prior to the commencement of work on the site. The CITY's contractor shall coordinate all aspects of the work with the GRANTOR and/or GRANTOR's construction representative. B. The CITY's contractor retained for construction of the before mentioned project, will install two four inch (4") sanitary sewer services at locations generally shown on Exhibit B. Services will be extended 15 -feet from trunk sewer, capped and field marked. GRANTOR's subsequent connection to these services shall comply with CITY's standards and other conditions of approval set forth in the executed development agreement between the CITY and GRANTOR C. The CITY's contractor will remove and reinstall the existing fencing fronting Amity Road should such fencing be disturbed by the CITY's contractor to a condition equal to or better than existent prior to construction. D. The CITY shall retain an Idaho Licensed Professional Land Surveyor to prepare the necessary easement legal descriptions for Exhibits A-1 and A-2. Recordation shall be by the CITY. 8-16-2017 Page 1 ors 3. GRANTOR CONSWERATION and RESPONSIBILITIES A. GRANTOR Is aware of the CITY's time constraints and will act promptly in fulfilling the responsibilities stated herein. B. GRANTOR shall not construct any proposed improvements within the permanent or temporary construction easements, until substantial completion of the sewer construction across the subject property. 4. GENERAL CONDITIONS A. This Contract shall not be binding unless and until executed by the CITY's authorized representative, The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. B. The term of the temporary construction easement shall expire within 30 days after the' stallation and final �n acceptance of the sewer line and related appurtenances. 0 ,1 S'• 1 I �h �'�z " s sot N l' �44 C C. The parties whose names appear below as GRANTOR, covenant an w �arrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN Date: �r / / �f / Date: GRANTOR q1 2-7 / Z_.0 1 `% 8-16-2017 Page 2 of 5 EXHU31T A -I Sanitary Sewer Easement (City Standard Form) 8-16-2017 Page 3 of 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 EXHIBIT A 2 Temporary Construction Easement (City Standard Form) 8-16-2017 Page 4 of 5 THIS INDENTURE, made this 2 !day of Se -W"20 7 between SKYLINE BOISE, L.L.C., an Idaho limited liability company("Grantor"), and the City of Meridian, Ada County, Idaho ("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 or Grantee; and 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 construction of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns shall be temporary. This easement shall expire upon the earlier of (a) 30 days after the installation and acceptance of said sewer line by the Grantee or (b) August 15, 2018, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line, 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. TEMPORARY CONSTRUCTION EASEMENT - 1 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. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. [Remainder of page intentionally left blank; counterpart signature pages follow) TEMPORARY CONSTRUCTION EASEMENT - 2 IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR SKYLINE BOISE L.L.C., an Idaho limited liability company By: Amy Kelley, M ager Address: PO Box 546 Meridian, Idaho 83680 STATE OF IDAHO ) ss. County of Ada ) On this 2.1 day of S Lin , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Amy Kelley, known or identified to me to be an Manager of Skyline Boise, 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 TEMPORARY CONSTRUCTION EASEMENT - 3 Z NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: QZS (J�UJ J-U•B ENGINEERS, INC. J -U -B COMPANIES ®I w%'oN Q I M�uo EXHIBIT Temporary Construction Easements Citadel Boundary Description Project Number 10-15-116 September 19, 2017 Three easements situated 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: Easement 1 Commencing at the northwest corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°2031"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 S56°52'25"W, 162.87 feet; Thence N00°3651"E, 87.46 feet to the southerly right-of-way line of E. Amity Road; Thence N89°20'31"E, 135.47 feet along the southerly right-of-way line of E. Amity Road to the POINT OF BEGINNING. The above-described easement contains 0.14 acres, more or less. Easement 2 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 Thence N89°20'31"E, 55.88 feet along the southerly right-of-way line of E. Amity Road to the POINT OF BEGINNING: Thence continuing N89°20'31"E, 118.61 feet along the southerly right-of-way line of E. Amity Road feet to the east boundary of Parcel A of Record of Survey 9941 and Warranty Deed 2015- 103522, records of Ada County, Idaho; Thence S00°39'32"E, 260.12 feet, more or less, along the east boundary of Parcel A to the northerly boundary of the existing pipeline easement; Thence N40°12'32"W, 271.77 feet along the northerly boundary of the existing pipeline easement; Thence N00°36'51"E, 16.16 feet; Page 1 of 2 �qFC a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 j 208-323-9336 w www.jub.com (rJ• - J-U-13 COMPANIESI IM�no:R �auu ve J•U•B ENGINEERS, INC. Citadel continued... Thence N56°52'25"E, 64.10 feet to the POINT OF BEGINNING. The above-described easement contains 0.60 acres, more or less. Easement 3 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 Thence N8902031"E, 55.88 feet along the southerly right-of-way line of E. Amity Road; Thence S56°52'25"W, 64.10 feet to the POINT OF BEGINNING: Thence S00°36'51"W, 674.84 feet; Thence N89°2232"W, 98.00 feet; Thence N00'36'51"E, 609.36 feet; Thence N56°52'25"E, 117.85 feet to the POINT OF BEGINNING. The above-described easement contains 1.44 acres, more or less. Prepared from information of record. Page 2 of 2 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com 3�: w FK FK z z � 1- 25Q30 3@f3-1 F CO 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 \�/AL2—j—�— L10 Temporary Temporary Construction \ �5j �—L13 Construction Easement 1 Easement 2 I' Existing i \ \ Pipeline 20'-.-I fflNf ��---jjj' \ Easement I \ \ I 1--20' 1 \ \ I I \ \ 0 60 100 I I \ \ 1 SCALE IN FEET ( I 1 \ I I---98' Ln: I`�I JI JI I I 1 I I Temporary Permanent I I Construction Sewer i / Easement 3 Easement� I I , III , i I 1 iII I I ; I , 1 I , 125 L16 RED6E OF p1AYTM69 �RC:Ip. },161]IAU U,ENI£].IRSIiB TMS 00CMENT.AND THE"45 ANDOESIONS FiCORPORATED NEREYJ. .RIB PROD ftO�S 119 ,../"— Meridian Black Cat Trunk SHEET ASANWSTRMENTOFPROFESBXMU SMr.P,i THEPROPERIYOF (� FORA NO HERPRJAN06NOTTTHE XM3SWR1n OR PART, DMYMBT:mW CY Y o� City of Meridian FORAN/OTMER PftOJECTYRTHOUTiHEEXPRE33 NTDTTEN DRAWN 1 of 1 ALfHORWTHkl OF JLb FNOMEER9.MG CHECKED SY: Rt Government Lot 1 of Section 31, T3N., R.1 E., B.M„ 1 -U -B ENGINEERS, INC City of Meridian, Ada County, Idaho NO REVISION DESCflFiION BY R GATE UST UPDATED: B/1MNIT Line Table Line # Direction Length L1 S00'39'29"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'V 40.00' L6 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' L11 SDD'39'32"E 260.12' L12 N40'12'32'W 271.77' L13 N0936'51"E 16.16' L14 N56'52'25"E 64.10' L15 S0936'51"W 674.84' L16 N89'22'32"W 98.00' L17 I 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 \�/AL2—j—�— L10 Temporary Temporary Construction \ �5j �—L13 Construction Easement 1 Easement 2 I' Existing i \ \ Pipeline 20'-.-I fflNf ��---jjj' \ Easement I \ \ I 1--20' 1 \ \ I I \ \ 0 60 100 I I \ \ 1 SCALE IN FEET ( I 1 \ I I---98' Ln: I`�I JI JI I I 1 I I Temporary Permanent I I Construction Sewer i / Easement 3 Easement� I I , III , i I 1 iII I I ; I , 1 I , 125 L16 RED6E OF p1AYTM69 �RC:Ip. },161]IAU U,ENI£].IRSIiB TMS 00CMENT.AND THE"45 ANDOESIONS FiCORPORATED NEREYJ. .RIB PROD ftO�S 119 ,../"— Meridian Black Cat Trunk SHEET ASANWSTRMENTOFPROFESBXMU SMr.P,i THEPROPERIYOF (� FORA NO HERPRJAN06NOTTTHE XM3SWR1n OR PART, DMYMBT:mW CY Y o� City of Meridian FORAN/OTMER PftOJECTYRTHOUTiHEEXPRE33 NTDTTEN DRAWN 1 of 1 ALfHORWTHkl OF JLb FNOMEER9.MG CHECKED SY: Rt Government Lot 1 of Section 31, T3N., R.1 E., B.M„ 1 -U -B ENGINEERS, INC City of Meridian, Ada County, Idaho NO REVISION DESCflFiION BY R GATE UST UPDATED: B/1MNIT EXHIBIT B Plan Sheet 8-16-2017 Page 5 of 5 CrFADEL 3 STOMICE WATER, SEWER AND PRESSURE IRIUCATWH FILM Al"Rklom Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Black Cat Trunk For Citadel Storage on Amity Temporary Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-107571 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/09/2017 12:41 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this 2 -7day of between SKYLINE BOISE, L.L.C., an Idaho limited liability companyC'Grantoel), and the City of Meridian, Ada County, Idaho C'Grantee"); ZMRE�� 01:110 V1 "PITUI TW T iind property hereinafter particularly bounded and described; and constructed by others and or Grantee; and Als"'PluLlon 01: a Sewer line over Pan across the following described property: I I I I liwi I# U 5 4M V I POIRM ON I I K4 IWA PJ I MR I 102-110) V I 1,J243840i IV.) V [,I [at, Wel-f rayrt - . ff TPI -In I , successors and assigns shall be temporary. This easement shall expire upon the earlier of (a) 30 days after the installation and acceptance of said sewer line by the Grantee or (b) August 15, 2018. • *f this easement. )t pM Feor aitow 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. MrMw 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. This easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. [Remainder of page intentionally left blank; counterpart signature pages follow) TEMPORARY CONSTRUCTION EASEMENT - 2 IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTOR SKYLINE BOISE L.L.C., an Idaho limited liability company By: Amy Kelley, M ager Address: PO Box 546 Meridian, Idaho 83680 STATE OF IDAHO ) ss. County of Ada ) On this 2.1 day of S Lin , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Amy Kelley, known or identified to me to be an Manager of Skyline Boise, 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 TEMPORARY CONSTRUCTION EASEMENT - 3 Z NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: QZS IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. GRANTEE CITY OF MERIDIAN Tammy de W C. My Coles, City Clerk �o� -TED AUGLST� o Approved By City Council On: fl / �-L ?017 STATE OF IDAHO ) ss County of Ada ) it c'ily or w E IDIANt-- IDAHO SEAL On this day of JOVP-en bE-C , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C. Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. TEWORARY CONSTRUCTION EASEMENT - 4 rhuhni WCL'� , NOTARY PUBLIC FOR JDARO Residing at; 'fo Commission Expires: a- a'S • aO 2,D, (J�UJ J-U•B ENGINEERS, INC. J -U -B COMPANIES ®I w%'oN Q I M�uo EXHIBIT Temporary Construction Easements Citadel Boundary Description Project Number 10-15-116 September 19, 2017 Three easements situated 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: Easement 1 Commencing at the northwest corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°2031"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 S56°52'25"W, 162.87 feet; Thence N00°3651"E, 87.46 feet to the southerly right-of-way line of E. Amity Road; Thence N89°20'31"E, 135.47 feet along the southerly right-of-way line of E. Amity Road to the POINT OF BEGINNING. The above-described easement contains 0.14 acres, more or less. Easement 2 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 Thence N89°20'31"E, 55.88 feet along the southerly right-of-way line of E. Amity Road to the POINT OF BEGINNING: Thence continuing N89°20'31"E, 118.61 feet along the southerly right-of-way line of E. Amity Road feet to the east boundary of Parcel A of Record of Survey 9941 and Warranty Deed 2015- 103522, records of Ada County, Idaho; Thence S00°39'32"E, 260.12 feet, more or less, along the east boundary of Parcel A to the northerly boundary of the existing pipeline easement; Thence N40°12'32"W, 271.77 feet along the northerly boundary of the existing pipeline easement; Thence N00°36'51"E, 16.16 feet; Page 1 of 2 �qFC a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 j 208-323-9336 w www.jub.com (rJ• - J-U-13 COMPANIESI IM�no:R �auu ve J•U•B ENGINEERS, INC. Citadel continued... Thence N56°52'25"E, 64.10 feet to the POINT OF BEGINNING. The above-described easement contains 0.60 acres, more or less. Easement 3 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 Thence N8902031"E, 55.88 feet along the southerly right-of-way line of E. Amity Road; Thence S56°52'25"W, 64.10 feet to the POINT OF BEGINNING: Thence S00°36'51"W, 674.84 feet; Thence N89°2232"W, 98.00 feet; Thence N00'36'51"E, 609.36 feet; Thence N56°52'25"E, 117.85 feet to the POINT OF BEGINNING. The above-described easement contains 1.44 acres, more or less. Prepared from information of record. Page 2 of 2 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com 3�: w FK FK z z � 1- 25Q30 3@f3-1 F CO 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 \�/AL2—j—�— L10 Temporary Temporary Construction \ �5j �—L13 Construction Easement 1 Easement 2 I' Existing i \ \ Pipeline 20'-.-I fflNf ��---jjj' \ Easement I \ \ I 1--20' 1 \ \ I I \ \ 0 60 100 I I \ \ 1 SCALE IN FEET ( I 1 \ I I---98' Ln: I`�I JI JI I I 1 I I Temporary Permanent I I Construction Sewer i / Easement 3 Easement� I I , III , i I 1 iII I I ; I , 1 I , 125 L16 RED6E OF p1AYTM69 �RC:Ip. },161]IAU U,ENI£].IRSIiB TMS 00CMENT.AND THE"45 ANDOESIONS FiCORPORATED NEREYJ. .RIB PROD ftO�S 119 ,../"— Meridian Black Cat Trunk SHEET ASANWSTRMENTOFPROFESBXMU SMr.P,i THEPROPERIYOF (� FORA NO HERPRJAN06NOTTTHE XM3SWR1n OR PART, DMYMBT:mW CY Y o� City of Meridian FORAN/OTMER PftOJECTYRTHOUTiHEEXPRE33 NTDTTEN DRAWN 1 of 1 ALfHORWTHkl OF JLb FNOMEER9.MG CHECKED SY: Rt Government Lot 1 of Section 31, T3N., R.1 E., B.M„ 1 -U -B ENGINEERS, INC City of Meridian, Ada County, Idaho NO REVISION DESCflFiION BY R GATE UST UPDATED: B/1MNIT Line Table Line # Direction Length L1 S00'39'29"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'V 40.00' L6 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' L11 SDD'39'32"E 260.12' L12 N40'12'32'W 271.77' L13 N0936'51"E 16.16' L14 N56'52'25"E 64.10' L15 S0936'51"W 674.84' L16 N89'22'32"W 98.00' L17 I 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 \�/AL2—j—�— L10 Temporary Temporary Construction \ �5j �—L13 Construction Easement 1 Easement 2 I' Existing i \ \ Pipeline 20'-.-I fflNf ��---jjj' \ Easement I \ \ I 1--20' 1 \ \ I I \ \ 0 60 100 I I \ \ 1 SCALE IN FEET ( I 1 \ I I---98' Ln: I`�I JI JI I I 1 I I Temporary Permanent I I Construction Sewer i / Easement 3 Easement� I I , III , i I 1 iII I I ; I , 1 I , 125 L16 RED6E OF p1AYTM69 �RC:Ip. },161]IAU U,ENI£].IRSIiB TMS 00CMENT.AND THE"45 ANDOESIONS FiCORPORATED NEREYJ. .RIB PROD ftO�S 119 ,../"— Meridian Black Cat Trunk SHEET ASANWSTRMENTOFPROFESBXMU SMr.P,i THEPROPERIYOF (� FORA NO HERPRJAN06NOTTTHE XM3SWR1n OR PART, DMYMBT:mW CY Y o� City of Meridian FORAN/OTMER PftOJECTYRTHOUTiHEEXPRE33 NTDTTEN DRAWN 1 of 1 ALfHORWTHkl OF JLb FNOMEER9.MG CHECKED SY: Rt Government Lot 1 of Section 31, T3N., R.1 E., B.M„ 1 -U -B ENGINEERS, INC City of Meridian, Ada County, Idaho NO REVISION DESCflFiION BY R GATE UST UPDATED: B/1MNIT Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7E PROJECT NUMBER: H-2017-0133 ITEM TITLE: Bainbridge Hess Subdivision No.1 Final Plat for Bainbridge Hess Subdivision No.1 (H-2017-0133) by Brighton Investments LLC located approximately 'Amile south of W. Chinden Blvd. and east of N. Blackcat Rd. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7F PROJECT NUMBER: H-2017-0135 ITEM TITLE: Castlebridge Subdivision Final Plat for Castlebridge Subdivision (fka Kingsbridge) (H-2017- 0135) by Jarrod Langston located at 3475 E. Falcon Drive MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7G PROJECT NUMBER: H-2017-0114 ITEM TITLE: Aegean Estates Findings of Fact, Conclusions of Law for Aegean Estates (H- 2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road MEETING NOTES fil Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 65.31 Acre s of Land with R-4 (28.81 Acres) and R-8 (36.5 Acres) Zoning Districts; and a Preliminary Plat Consisting of 215 Building Lots and 22 Common Lots on 62.7 Acres of Land for Aegean Subdivision, by Premier Investments, LLC. Case No(s). H-2017-0114 For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2107) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation & zoning and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 24, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 24, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER day of /voben &Y , VOTED leq VOTED VOTED 1��� VOTED K VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm Weerd Attest: C.JatCole City Clerk VT �+ C'itp of w E IDIAN� t�ANO SEAL/ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: V) Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 11-2017-0114 - 4 - EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 1 STAFF REPORT Hearing Date: October 24, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Aegean Subdivision – AZ, PP (H-2017-0114) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Premier Investments, LLC, has submitted an application for annexation and zoning (AZ) of 65.31 acres of land with R-4 (28.81 acres) and R-8 (36.5 acres) zoning districts; and a preliminary plat (PP) consisting of 215 building lots and 22 common lots on 62.7 acres of land for Aegean Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant’s Representative ii. In opposition: None iii. Commenting: Jacob Hassard, Valley Regional Transit; Mike Weaver; Janice Christensen. iv. Written testimony: Becky McKay, Applicant’s Representative (response to the staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Request for single-story homes along Mr. Weaver’s property at the southwest corner of the development area and along Ms. Christensen’s property at 5726 W. Becky Dr. ii. Desire for protection of Fivemile Creek and the associated wildlife; improvement of the area adjacent to the creek and widening of this area 100 feet on each side of the creek to allow amenities such as a greenbelt, rapids for rafting & put-in and take-out areas – for the entire length of the creek, not just on this property. c. Key Issues of Discussion by Commission: i. Desire for more common area on the east side of the development; and removal of 2 building lots within the common area in Block 12. ii. Transition in density/lot sizes from 5+/- acre County parcels to medium density urban lot sizes. d. Commission Change(s) to Staff Recommendation: EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 2 i. Remove the 2 building lots in Block 12 to increase the common area in the northeast portion of the development; the number of building lots may remain the same (i.e. the 2 building lots may be relocated elsewhere) (see Note #1.1.2d). e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on October 24, 2017. At the public hearing, the City Council moved to approve the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay, Applicant’s Representative (response to Commission recommendation) v. Staff presenting application: Bill Parsons, Warren Stewart vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by City Council: i. The applicant’s request for eligibility of future reimbursement for the cost of the 36- inch sewer main line required to be constructed with this development. d. City Council Change(s) to the Commission Recommendation: i. Council approved a waiver to UDC 11-3A-6B to allow the Five Mile Creek feeder/McFadden Drain to remain open and not be piped or otherwise covered (see DA provision #1.1.1f). e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0114, as presented in the staff report for the hearing date of October 24, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0114, as presented during the hearing on October 24, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0114 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the east side of N. McDermott Road, ¼ mile south of W. McMillan Road, in the NW ¼ of Section 33, Township 4 North, Range 1 West. (Parcel No.: S0433233700) B. Owners: EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 3 Premier Investments, LLC 4235 W. White Ash Drive Meridian, ID 83646 C. Applicant: Same as Owner D. Representative: Becky McKay, Engineering Solutions 1029 N. Rosario St., Ste. 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 1, 2017 (Commission); October 6, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: August 25, 2017 (Commission); September 29, 2017 (City Council) D. Applicant posted notice on site(s) on: September 10, 2017 (Commission); October 14, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in The Oaks South Subdivision, zoned R-4; and vacant/undeveloped land, zoned R-15 2. East: Agricultural land, zoned RUT in Ada County 3. South: Single-family rural residential properties in Apple Valley Subdivision, zoned RUT in Ada County 3. West: Rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Location of sewer: This property falls within the Oaks Lift Station Service Area, and is located south of the existing lift station in the Oaks South Subdivision. The applicant shall be required to construct the 36-inch master planned sewer trunk from the lift station to the south boundary along the west frontage of the property in N. McDermott Road. They shall also be required to construct the 10-inch master planned sewer trunk on the north side of the property. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 4 2. Location of water: Water serviceability is dependent upon extension of water mains from adjacent developments. Applicant shall be required to construct water mains to and through the development in compliance with city code and adopted water master plan. 3. Issues or concerns: Applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees as well as fund 125% of the upgrade cost for the Oaks Lift Station, currently estimated at $250,250, unless said cost has been previously paid. E. Physical Features: 1. Canals/Ditches Irrigation: The Fivemile Creek runs along the north boundary and the Fivemile Creek feeder/McFadden Drain runs along the south boundary of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: A small portion of this site along the north property boundary lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Medium Density Residential (MDR). The MDR designation allows for the development of smaller lots for residential purposes within the City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The applicant proposes to develop this 62+ acre site with 215 single-family residential detached homes at a gross density of 3.43 dwelling units per acre (d.u./acre) and a net density of 5.21 d.u./acre, which is within the density desired in MDR designated areas, although at the low end. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development will contribute to the range of housing opportunities available in the City. Staff is unaware of how “affordable” the homes will be in this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Only one access point is proposed via N. McDermott Road, an arterial street.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11-3G-3E and within the street buffer along N. McDermott Road in accord with the standards listed in UDC 11-3B-7C. Fencing is proposed along the boundary of the site and within the development in accord with the standards listed in UDC 11-3A-7. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 5  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential development should be compatible with existing and future adjacent residential uses.  “Require common area in all subdivisions.” (3.07.02F) The UDC (11-3G-2) requires common open space and site amenities to be provided for developments of 5 acres or more. Because the plat consists of 62+ acres, a minimum of 6.3 acres of qualified open space is required to be provided within this development.  “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) Transitional densities are proposed with larger lot sizes along the south and east boundaries of the site adjacent to rural residential uses, although approximately 4 lots still abut each of the abutting rural lots. Staff recommends more of a transition in lot sizes is provided at the southwest corner of the site (i.e. Lots 1-10, Block 5) to the Weaver rural residential parcel (#S0433234140) consistent with those depicted along the east side of the Weaver property. The FLUM designation for the adjacent properties to the east and south is medium density residential so future redevelopment should be consistent density-wise with the proposed development.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) There are no pathway stubs from this site to adjacent properties for future extension and interconnectivity. However, there are sidewalks along proposed stub streets to adjacent properties to the north, east and south that will provide pedestrian interconnectivity with adjacent developments.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There is one stub from The Oaks Subdivision to this property from the north that is proposed to be extended across the creek with this development and several others to the east and south for future interconnectivity between developments. COMPASS: A checklist has been received from Community Planning Association of Southwest Idaho (COMPASS) that determines consistency of the proposed project with the goals of Communities in Motion 2040, the regional long-range transportation plan for Ada and Canyon Counties. The complete results of the checklist can be accessed in the project file for this development. The checklist identifies 5 items that meet the goals of the plan and 16 items that do not. The summary in the checklist states that the proposed project exceeds forecasted growth in the neighborhood and area and that infrastructure may not be able to support additional transportation needs without improvements or demand management strategies. It also states that this location is ideal for a transit stop for future Employer Express Service and recommends the applicant work with Valley Regional Transit on transit stop amenities. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 6 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are a principally permitted use in the R-4 and R-8 zoning districts. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 and 11-2A-6 for the R-4 & R-8 zoning districts respectively. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 65.31 acres of land with R-4 (28.81 acres) and R-8 (36.5) zoning districts. The property is proposed to develop with 215 new single-family residential detached homes at a gross density of 3.43 units per acre, which is consistent with the MDR FLUM designation for the site. A development plan was submitted with the concurrent preliminary plat application (see Exhibit A). The legal description submitted with the application, included in Exhibit C, sho ws the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 215 single-family residential building lots and 22 common lots on 62.7 acres of land in the proposed R-4 and R-8 zoning districts (see Exhibit A.2). The minimum property size is 5,603 square feet (s.f.) with an average lot size of 8,355 s.f. A gross density of 3.43 dwelling units per acre (d.u./acre) and a net density of 5.21 acres is proposed. A total of 117 (or 54.42%) lots ranging in size from 55’ in width by 110-135’ in depth; and 98 (or 45.58%) lots ranging in size from 70-75’ in width by 120-164’ in depth are proposed for a variety of lot sizes for detached homes within the development. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 7 The subdivision is proposed to develop in 5 phases but the applicant requests some flexibility in phasing due to market conditions which may necessitate a reduction in the size of the phases. Existing Structures: There are no existing structures on this site. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-5 and Table 11-2A-6 for the R-4 and R-8 zoning districts respectively, and the subdivision design and improvement standards listed in UDC 11-6C-3. The face of Block 8 exceeds the maximum length standards listed in UDC 11-6C-3F for residential districts. Include a minimum 15-foot wide common lot with a minimum 5- foot wide pathway within Block 8 for future pedestrian connectivity to the south. Landscaping is required along the pathway in accord with the standards listed in UDC 11-3B-12C. Plat note #4 states that a 15-foot wide PUDI easement is designated on all lots adjacent to any public street unless otherwise delineated. Because the R-8 zoning district allows a minimum setback of 10 feet to living area on lots adjacent to a local street, the PUDI easement on lots that have an attached sidewalk should be delineated as 10 feet to allow for a lesser setback as allowed. Access/Streets: Access to streets should comply with the standards listed in UDC 11-3A-3. One access is proposed via N. McDermott Road, an arterial street; a stub street from The Oaks Subdivision to the north is proposed to be extended with this development. Stub streets are proposed as shown on the plat to adjacent properties to the east and south. All of the proposed streets are public. Aegean Drive is designated as a residential collector street to the intersection of Crete Drive; and Fawnridge is an extension of the residential collector street in The Oaks South development to the north which will terminate at the east boundary for future extension to Blackcat Road and south to Ustick Road. Most of the streets within the development will have 33-foot wide street sections but in a couple of areas in the northwest and northeast portions of the site 29-foot wide street sections are proposed. Parking will only be allowed on one side of the street in the areas where 29-foot wide street sections are proposed in accord with International Fire Code and the ACHD Policy Manual. Traffic/Street Improvements: A Traffic Impact Study (TIS) was completed for this development and submitted to ACHD. The study recommended a right-turn lane at the entrance of the development on McDermott Road as mitigation for the traffic volume projected for this development. ACHD’s report requires an additional 12 feet of right-of-way (ROW) to be dedicated along McDermott Road; a bridge to be constructed across the Fivemile Creek for the extension of N. Fawnridge Way; an intersection analysis to be submitted for the Ustick/McDermott Roads intersection – if it’s determined that intersection improvements are necessary, the applicant should be required to improve the intersection prior to ACHD’s signature on the final plat that contains the 109th lot – if a signal is warranted, it will be required. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. A common driveway is proposed for access to Lots 6 & 7 and Lots 27 & 28, Block 3. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 8 Waterways: The Fivemile Creek runs off-site along the north boundary of this site and is required to be left open as a natural amenity in accord with UDC 11-3A-6B as proposed. A multi-use pathway is planned along the north side of the creek in The Oaks South development and an irrigation district maintenance road exists along the south side of the creek adjacent to this site. The Fivemile Creek feeder/McFadden Drain runs along the south boundary of the site and is also proposed to be left open as required. The applicant requests Council approval of a waiver to UDC 11-3A-6B to allow the drain to be left open and not be piped or otherwise covered. A small portion of this site along the north property boundary lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Parking: Off-street parking is required to be provided on each residential lot in accord with the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street parking spaces are required with at least 2 of those in an enclosed garage; other spaces may be enclosed or a minimum 10’ x 20’ parking pad. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer is required along N. McDermott Road, an arterial street, measured from back of curb in accord with the standards listed in UDC 11-3B-7C. A 50-foot wide buffer is depicted on the landscape plan to buffer the future State Highway 16 which will be located west of McDermott Road, to allow for a taller berm and additional landscaping. At a minimum, common areas should include 1 deciduous tree per 8,000 square feet of common area and lawn as set forth in UDC 11-3G-3E.2. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement as set forth in UDC 11-3B-10C.5. The applicant should coordinate with Elroy Huff, the City Arborist, to confirm mitigation requirements prior to removal of any trees from the site. Mitigation calculations should be depicted on the landscape plan. Open Space/Site Amenities: Properties over 5 acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based on the area of the preliminary plat (62.7 acres), a minimum of 6.27 acres of qualified open space and 3 qualified site amenities are required to be provided within the development. The applicant proposes 7.06 acres of qualified open space in accord with this requirement consisting of ½ the street buffer along N. McDermott Rd., an arterial street; all of the buffer along collector streets; central common area, common area with pathways and 8-foot wide parkways along streets. Site amenities are proposed to consist of internal pedestrian pathways, a playground with children’s play equipment, and a picnic shelter/gazebo. The proposed open space and site amenities comply with the minimum standards. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 9 Pathways: There are no multi-use pathways designated on this site in the Pathways Master Plan. However, a multi-use pathway is required to be constructed with The Oaks South development to the north on the north side of the Fivemile Creek. Access to this pathway will be provided via the future bridge and extension of Fawnridge Way. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17; detached sidewalks are required along all arterial and collector streets. A 5-foot wide detached sidewalk is proposed along all streets within the development except for the two areas where a reduced street section is proposed; in those areas an attached sidewalk is proposed. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. A pressure irrigation pump station will be constructed with this development at the northwest corner of this site sourcing from the Fivemile Creek and will be owned and maintained by Nampa Meridian Irrigation District (NMID). Pressure irrigation will be provided to all lots within the subdivision. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained onsite with discharge of the pre-development flows in to the McFadden Drain and Five Mile Creek with the permission of NMID and the appropriate license agreement. Local streets will utilize a combination of above-ground retention and detention facilities in common areas and subsurface storage facilities. All storm drainage facilities are proposed to be designed in accordance with Ada County Highway District and Department of Environmental Quality standards. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Five-foot tall wrought iron fencing is proposed along the north boundary of the development adjacent to the Fivemile Creek; 6-foot tall vinyl fencing is proposed around the remainder of the perimeter boundary; and 4-foot tall vinyl fencing is proposed adjacent to pathways within the development in accord with UDC standards. Building Elevations: The applicant has submitted 8 photos of homes that will be similar to those constructed within this subdivision (see Exhibit A.4). These photos all depict at least 2 different building materials and stucco/stone/brick veneer accents. If 2-story homes are constructed on Lots 4-7 and 28-36, Block 3, they will be highly visible from N. McDermott Road, an arterial street. Therefore, staff recommends the rear elevations of 2-story homes incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This requirement does not apply to single-story homes. Design review is not required for single-family detached homes. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 10 In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the requirement of a development agreement and conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning Map 2. Proposed Preliminary Plat (dated: 7/31/2017) & Phasing Plan 3. Proposed Landscape Plan (dated: 9/14/2017) 4. Conceptual Building Elevation Photos B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A - 2 - A. Drawings 1. Zoning Map EXHIBIT A - 3 - 2. Proposed Preliminary Plat (dated: 7/31/2017) & Phasing Plan EXHIBIT A - 4 - 3. Proposed Landscape Plan (dated: 9/14/2017) EXHIBIT A - 5 - EXHIBIT A - 6 - EXHIBIT A - 7 - 4. Conceptual Building Elevation Photos EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application shall not be submitted until the DA is signed and approved by City Council. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The agreement shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report. b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. c. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. d. If 2-story homes are constructed on Lots 4-7 and 28-36, Block 3, they will be highly visible from N. McDermott Road, an arterial street. Therefore, the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. e. In accord with the Communities in Motion 2040 Plan that states this site is ideal for a transit stop for future Employer Express Service, the applicant shall work with Valley Regional Transit (VRT) on transit stop amenities for this site. If none are determined to be needed by VRT, submit written documentation from them to that effect. f. The Fivemile Creek feeder/McFadden Drain shall be piped unless Council approval of a waiver to UDC 11-3A-6B is approved. The City Council approved a waiver to UDC 11-3A-6B for the Fivemile Creek feeder/McFadden Drain to remain open and not be piped or otherwise covered. 1.1.2 The preliminary plat included in Exhibit A.2, dated 7/31/2017, shall be revised as follows: a. The face of Block 8 exceeds the maximum length standards listed in UDC 11-6C-3F for residential districts. Include a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within Block 8 for future pedestrian connectivity to the south in order to comply with UDC 11-6C-3F.3a. b. The PUDI easement on lots that have an attached sidewalk should be delineated as 10 feet. c. Depict larger lot sizes for more of a transition in lot sizes and density at the southwest corner of the site (i.e. Lots 1-10, Block 5) to the Weaver rural residential parcel (#S0433234140) consistent with those depicted along the east side of the Weaver property. d. All of Block 12 shall be common area and shall not include any building lots. 1.1.3 The landscape plan included in Exhibit A.3, dated 7/28/2017, shall be revised as follows: a. The face of Block 8 exceeds the maximum length standards listed in UDC 11-6C-3F for residential districts. Include a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within EXHIBIT A - 10 - Block 8 for future pedestrian connectivity to the south. Landscaping is required along the pathway in accord with the standards listed in UDC 11-3B-12C. b. 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 driveway as required by Republic Services. c. Contact Elroy Huff, City Arborist, at 208-371-1755 to determine if any of the existing trees that will be removed from the site require mitigation. If mitigation is required, it shall be reflected on the landscape plan. 1.1.4 Provide a minimum of 7.06 acres (or 11.26%) qualified open space within the development as proposed in accord with the standards listed in UDC 11-3G-3B. 1.1.5 Parking is only allowed on one side of the street in the areas where 29-foot wide street sections are proposed in accord with International Fire Code and the ACHD Policy Manual. “No Parking” signs shall be installed in those areas. 1.1.6 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures on lots accessed by common driveways. The exhibit should include abutting lots that meet the minimum frontage requirement that aren’t taking access from the common driveway – driveways on these lots should be located on the opposite side of the shared property line away from the common driveway. 1.1.7 Common driveways within the development shall be consistent with the standards listed in UDC 11-6C- 3D. 1.1.8 The developer 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 11-6C-3D.5. 1.1.9 A perpetual ingress-egress easement for the common driveways proposed in Block 3 shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.1.10 Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 1.1.11 Submit a detail of the children’s play equipment and the picnic shelter with the final plat application. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 and R-8 zoning districts listed in UDC Tables 11-2A-5 and 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single- family dwellings. EXHIBIT A - 11 - 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11- 3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 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. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 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 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 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. EXHIBIT A - 12 - 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Water serviceability is dependent upon extension of water mains from adjacent developments. Applicant shall be required to construct water mains to and through the development in compliance with city code and adopted water master plan. Specifically a 12-inch diameter mainline will need to be constructed in the northern roadways paralleling Five Mile Creek and then in N. Parnassus Avenue to W. Rhodes Street to the eastern subdivision boundary. Applicant shall also be required to connect an 8-inch diameter mainline connecting the dead end main at the south end of N. Patmos Avenue to the new 12-inch main in N. McDermott Road through Lot 37, Block 3. 2.1.2 Each final plat phase of the development will need to be modeled separately to ensure adequate water distribution network during development. 2.1.3 The applicant shall be required to construct the 36-inch master planned sewer trunk from the lift station to the south boundary along the west frontage of the property in N. McDermott Road. They shall also be required to construct the 10-inch master planned sewer trunk on the north side of the property. 2.1.4 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of $265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. 2.1.5 The applicant shall be required to fund 125% of the upgrade cost for the Oaks Lift Station, currently estimated at $250,250, unless said cost has been previously paid. Payment of $312.812.50 ($250,250 x 1.25 = $312,812.50) upgrade cost is required with the first final plat application. Applicant may be eligible for partial reimbursement under the provisions of MCC 8-6-5. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible EXHIBIT A - 13 - for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. EXHIBIT A - 14 - 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.7 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. EXHIBIT A - 15 - 5. PARKS DEPARTMENT 5.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489- 0589 to confirm mitigation requirements for the site prior to removal of any trees. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Prior to ACHD's signature on the final plat that contains the 109th building lot, submit an intersection analysis for the Ustick Road and McDermott Road intersection. 6.1.2 If it is determined that intersection improvements are necessary, then the applicant should be required to improve the intersection, as recommended in the updated intersection analysis prior to ACHD's signature on the final plat that contains the 109th lot. If a signal is warranted, then a signal agreement shall be required. 6.1.3 Dedicate additional right-of-way to total 37-feet of from the centerline of McDermott Road abutting the site. If detached sidewalks are constructed the right-of-way should extend to 2-feet behind the back of curb and a permanent right-of-way easement shall be required for the sidewalks. 6.1.4 Construct McDermott Road as half of a 46-foot street section with vertical curb, gutter, and a 5-foot wide detached (or 7-foot wide attached) concrete sidewalk abutting the site. 6.1.5 Design and construct the crossing of Five Mile Creek, Fawnridge Way. ACHD will reimburse the applicant for ½ of the costs from collected road trust monies from the development to the north. 6.1.6 Construct Fawnridge Way and Kasos Street, as a 36-foot wide residential collector roadway with vertical curb, gutter, and a 5-foot wide detached (or 7-foot wide attached) concrete sidewalks within the site. If detached sidewalks are desired, then the right-of-way should extend to 2-feet behind the back of curb. If street trees are desired, then 8-foot wide planter strips should be required. 6.1.7 Construct the entry portion of Aegean Drive and Mikonos Drive with two 20-foot wide travel lanes, a 10- foot wide center landscape island, rolled curb, gutter, an 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk. Plat the islands as right-of-way owned by ACHD. The applicant or the home owners association shall enter into a license agreement with ACHD is landscaping within the islands is desired. 6.1.8 Construct Delfi Avenue, Larisa Street, Nemea Way, Kithnos Drive, and Parnassus Avenue (north of Kasos Street) as 29-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within 42-feet of right-of-way. Provide written fire department approval for the reduced street section. 6.1.9 Construct all of the internal local streets as 33-foot street sections with rolled curb, gutter, an 8-foot planter strip, and 5-foot wide detached concrete sidewalk. Extend the dedicated right-of-way to 2-feet behind the back of curb and provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way. 6.1.10 Construct 4 knuckles, as proposed. 6.1.11 Dedicate 30-feet of right-of-way for Paros Avenue, as proposed. Provide a road trust deposit in the amount of $18,480.00 (140-feet X $132.00 per LF) for the construction of ½ of Paros Avenue. 6.1.12 Construct Aegean Drive to intersect McDermott Road, located 210-feet south of the north property line, as proposed. EXHIBIT A - 16 - 6.1.13 Construct 1 stub street to the east, Fawnridge Way/Kaso Street, located 330-feet south of north property line. Install a sign at the terminus of the roadway, stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 6.1.14 Construct 3 stub streets to the south, located as follows:  Patimos Avenue, located, 250-feet east of McDermott Road.  Kithira Avenue, located, 1,200-feet east of McDermott Road.  Paros Avenue, located at the site’s southeast property line. 6.1.15 Install signs at the terminus of the stub streets, stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 6.1.16 Payment of impacts fees are due prior to issuance of a building permit. 6.1.17 Comply with all Standard Conditions of Approval. 6.2 Standard Conditions of Approval 6.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 6.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standa rds unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. EXHIBIT A - 17 - 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 18 - C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A - 19 - EXHIBIT A - 20 - EXHIBIT A - 21 - EXHIBIT A - 22 - EXHIBIT A - 23 - EXHIBIT A - 24 - EXHIBIT A - 25 - EXHIBIT A - 26 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex the subject property with the R-4 and R-8 zoning districts and develop single-family detached homes on the site at a gross density of 3.43 dwelling units per acre consistent with the Comprehensive Plan Future Land Use Map designation of MDR. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of ser vices by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an R-4 and R-8 zoning district as requested is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in conformance with the Comprehensive plan and the MDR FLUM designation. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A - 27 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7H PROJECT NUMBER: H-2017-0124 ITEM TITLE: TM Creek Apartments Findings of Fact, Conclusions of Law for TM Creek Apartments (H-2017-0124) by SCS Brighton, LLC generally located South of W. Franklin Road and East of S. Ten Mile Road 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0124 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Change the Development Plan for an 8.16 Acre Portion of the Site from Commercial Retail to Multi-Family Residential; an Amendment to the Text of the Unified Development Code (11-4-3-27B.3) to Change the Minimum Private Usable Open Space for Each Multi-Family Unit from 80 to 60 Square Feet; and a Conditional Use Permit for a Multi-Family Development Consisting of 240 Residential Dwelling Units on 8.16 Acres of Land in a C-G Zoning District, by SCS Brighton, LLC. Case No(s). H-2017-0124 For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0124 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for conditional use permit and a development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 24, 2017, attached as Exhibit A. 2. The applicant’s request for an amendment to the Unified Development Code (11-4-3-27B.3) was withdrawn. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0124 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 24, 2017 By action of the City Council at its regular meeting held on the U day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED &� COUNCIL VICE PRESIDENT JOE BORTON VOTED 1/"-4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 1/4 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL, MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Go�Q0R0,1 EU Ali , Attest: s � p�►o C-�►�[ E� �IDIANt,- IDAHO SEAL 14, C.Jaytoles ti City Clerk T�R��thwTOFASV���Pv Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: W Dated: U-0 -C90 �7 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0124 - 4 - EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 1 STAFF REPORT HEARING DATE: October 24, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, SCS Brighton, LLC, has submitted an application for modification to the existing development agreement (MDA) to change the development plan for an 8.16 acre portion of the site from commercial retail to multi-family residential; an amendment to the text of the Unified Development Code (ZOA) (11-4-3-27B.3) to change the minimum private usable open space for each multi-family units from 80 to 60 square feet; and a conditional use permit (CUP) for a multi-family development consisting of 240 residential dwelling units on 8.16 acres of land in a C-G zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, CUP and ZOA applications based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The MDA does not require action from the Planning & Zoning Commission, only City Council. The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the public hearing, the Commission moved to recommend approval of the subject CUP and ZOA requests. a. Summary of Commission Public Hearing: i. In favor: Jon Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Brighton Corporation (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Adequacy of the on-site parking for the development with the prevalence of residents using garages for storage rather than parking; ii. In support of the high-density urban style housing in this area. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 2 The Meridian City Council heard these items on October 24, 2017. At the public hearing, the Council approved the subject CUP and MDA requests; the applicant withdrew the ZOA request. a. Summary of City Council Public Hearing: i. In favor: Jon Wardle, Brighton Corporation (Applicant’s Representative) ii. In opposition: None iii. Commenting: Jeanette Aukerman iv. Written testimony: None v. Staff presenting application: Bill Parsons, Chief Butterfield vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern regarding the height of the proposed 4-story structures and the resulting number of tenants and related traffic. c. Key Issues of Discussion by Council: i. The applicant’s requested amendment to the UDC vs. Staff’s alternative recommendation for an amendment to a different section of code to accomplish the same end result. d. Key Council Changes to Staff/Commission Recommendation i. Council accepted the applicant’s request to withdraw the proposed ZOA amendment based on staff’s recommendation to amend UDC Table 11-5B-5 instead to allow requests for Alternative Compliance to UDC 11-4-3-27B.3 to reduce the amount of private usable open space in certain circumstances such as in urban multi-family developments. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0124, as presented in the staff report for the hearing date of October 24, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0124, as presented during the hearing on October 24, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0124 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 generally located south of W. Franklin Road and east of S. Ten Mile Road, in the NW ¼ of Section 14, Township 3 North, Range 1 West. B. Applicant: SCS Brighton, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Owner: Same as Applicant EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 3 D. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit, zoning ordinance amendment, and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on the zoning ordinance amendment and conditional use permit; and a public hearing is required only before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 1, 2017 (Commission); October 6, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: August 25, 2017 (Commission); September 29, 2017 (City Council) D. Applicant posted notice on site(s) on: September 8, 2017 (Commission); October 13, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of a portion of an 18 acre vacant/undeveloped parcel of land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North & South: Vacant/undeveloped land, zoned C-G East: Vacant/undeveloped land, zoned R-40 West: Commercial property in the development process, zoned C-G C. History of Previous Actions:  This property was included in the annexation and zoning (AZ-13-015, Development Agreement Inst. #11405759) and preliminary plat (PP-13-030) of TM Creek Subdivision approved by City Council in 2014; it has not yet been included in a final plat.  The development agreement was modified (H-2016-0067) in 2016 to remove the requirement for the final plat to be recorded prior to applying for building permits (Inst. #2016-073497). C. Utilities: 1. Location of sewer: The city currently owns and maintains sewer mains within Phase 1 of the TM Creek development with is directly adjacent to the west of the proposed development. 2. Location of water: The city currently owns and maintains water mains within Phase 1 of the TM Creek development with is directly adjacent to the west of the proposed development. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer mains and services to the project. D. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral lies within a portion of the site at the south EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 4 boundary. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of this project lies within the floodplain overlay district. VII. COMPREHENSIVE PLAN The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community’s support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community’s commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). LAND USE: The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property with the following land use types: Mixed Use - Commercial (MU-C) and Lifestyle Center (LC). MU-C: MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8 -12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See pg. 3-9 for more information.) LC: The LC designation is a specific form of Mixed Use Commercial. LC designated areas encourage a diversity of compatible land uses in a unified development that includes a mix of retail, professional services, offices, entertainment uses, civic services, housing and public outdoor spaces. The design and arrangement of buildings should be oriented to pedestrians. Streetscape improvements should be provided that create rich and enjoyable public spaces. The target overall average density for residential uses is 16 d.u./acre, with higher densities of up to 40 d.u./acre allowed. All residential uses should be above the first floor. Structured parking or heavily landscaped and screened surface parking is a necessity. On-street parallel, angled head-in parking and the integration of public transit into the lifestyle center should be considered as options. Community gathering places should be provided to create a sense of place. (See pg. 3-9 for more information.) The applicant proposes to develop the site with two structures containing a total of 240 dwelling units as allowed in MU-C and LC designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed multi-family residential development will contribute to the variety of housing types available within this part of the City and will offer rental options for 1- and 2-bedroom units. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 5  “Support a variety of residential categories (low-, medium-, medium-high and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed high density multi-family development will contribute to the variety of residential housing options within the western central portion of the City; staff is unaware how “affordable” the units will be.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located adjacent to future employment and shopping within the TM Creek development as well as the Ten Mile Center and TM Crossing projects to the south. The proposed development will provided much needed density in this area and housing options for employees in close proximity to their work place.  “Require open space areas within all development.” (6.01.01A) The proposed development is required to comply with the minimum common open space design standards listed in 11-4-3-27C for multi-family developments.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed site plan depicts an access from S. Ten Mile Road via Cobalt Drive, a future collector street along the south boundary of the site; and from W. Franklin Road via a future collector street along the east boundary of the site. No local street access is available to this site.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02, pg. 55) The proposed development is located near major access thoroughfares – W. Franklin Road, S. Ten Mile Road and I-84, approximately ¾ mile to the south. An open space corridor along the Tenmile Creek is proposed to the north of this site which will contain a segment of the City’s multi -use pathway system.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no existing residential properties that abut this site.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The proposed development lies next to the Tenmile Creek open space corridor which will contain a pathway that will promote neighborhood connectivity. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 6 In accord with the above policies and for the above-stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the C-G district consist of the largest scale and broadest mix of retail, office, service and light industrial uses and are typically located in close proximity and/or with access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A multi-family development is listed as a conditional use in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping: Street buffers, parking lot landscaping and buffers to adjoining residential uses are required to be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3B-7C, 11-3B-8C and 11-3B-9C for the C-G zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-family dwellings. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the standards listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to modify the existing development agreements (Instrument #11405759 and 2016-073497) for TM Creek to change the development plan on the south side of the Tenmile Creek and the east side of Phase 1 from commercial retail to multi-family residential. The previously approved and proposed conceptual development plan is included in Exhibit A.2. Instead of the original 2 large commercial buildings, the applicant now proposes to construct 2 multi-family structures containing a total of 240 dwelling units with associated garages and a clubhouse. Because multi-family residential uses are a desired use in MU-C and LC designated areas, staff is amenable to the proposed modification. The proposed density of 29.4 units per acre is also consistent with that desired in this area. Therefore, staff recommends approval of the proposed change. 2. ZONING ORDINANCE AMENDMENT (ZOA): An amendment is proposed to UDC 11-4-3-27B.3 which states, “A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement.” The applicant proposes to change the amount of private usable open space from 80 to 60 square feet. See Applicant’s narrative for justification of the proposed amendment. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 7 Because multi-family developments that are in mixed use designated areas are typically more of an urban style of design as opposed to the typical garden style apartments found in high density residential designated areas, Staff believes it may be appropriate in certain circumstances to have a lesser private usable open space requirement. For example, in this particular development, the Tenmile Creek corridor is adjacent to this site and provides a nice open space area; bicycle storage and BBQ areas are provided within the complex eliminating the need for those items to be located within private areas (e.g. patios, balconies or porches). A lesser private usable open space area might then be appropriate in this case just for an outdoor seating area but these factors should be considered when determining how much private space is appropriate. Therefore, instead of amending the standard for every situation, staff instead recommends an amendment to the UDC that will allow requests for alternative compliance to the standard. The alternative compliance process allows alternative means to meet the intended purpose of certain regulations, as deemed appropriate by the Director. As an alternative to the applicant’s request, Staff recommends UDC Table 11-5B-5, Alternative Compliance, is amended to include “private useable open space” in Section 11-4-3-27B.3. 3. CONDITIONAL USE PERMIT (CUP): A CUP is proposed for a multi-family development containing a total of 240 dwelling units on 8.16 acres of land in a C-G zoning district. Two 4-story structures are proposed to house the units. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The applicant’s narrative states 61 square foot patios/balconies are proposed for each of the 1-bedroom units; and 63 square foot patios/balconies are proposed for each of the 2- bedroom units. Because the proposal does not comply with the current standard, the applicant requests approval of an amendment to the UDC (11-4-3-27B.3) to change the minimum standard for private useable open space to 60 feet, which if approved will allow the proposed square footage. However, if the applicant’s request is denied or if staff’s recommended change to the UDC noted above is approved; the applicant will either need to provide additional private usable open space to comply with this standard or apply for alternative compliance to this standard as applicable.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The site plan submitted with the Certificate of Zoning Compliance should depict the aforementioned items.  A minimum of 250 square feet (s.f.) of outdoor common open space is required to be provided for each unit containing more than 500 and up to 1,200 s.f. of living area. All of the proposed units are between 701 and 976 square feet; therefore, a minimum of 60,000 square feet (or 1.38 acres) of common open space is required for this development. The applicant’s narrative states a total of 0.87 of an acre of common open space is proposed with this development consisting of landscape buffers and common area. Street buffer landscape buffers do not qualify and common areas which are below 20’ x 20’ in area also do not qualify. The applicant should revise the common open space calculations based on the qualifications for common open space listed in UDC 11-4-3-27C; revisions may be necessary to the site/landscape plan to comply with this requirement. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 8  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11 -4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes a clubhouse with a lounge and entertainment areas, public Wi-Fi, work stations, a fitness center and TRX/Crossfit studio; swimming pool, indoor bicycle storage and maintenance room, outdoor fire pit, table tennis, and BBQ grills.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plan ts. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face the east/west collector street (W. Cobalt Dr.) and the north/south collector street.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, includi ng, but not limited to, structures, parking, common areas, and other development features. The applicant is required to comply with this standard.  A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. All buildings depicted on the site plan comply with this requirement.  All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. The applicant should comply with this requirement; if any of these are proposed, they should be depicted on the landscape plan submitted with the Certificate of Zoning Compliance application. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed to the site via the east/west collector street (W. Cobalt Drive), the north/south collector street, and the private driveway along the west boundary in accord with UDC standards. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6. One-bedroom units are required to have a minimum of 1.5 parking spaces per unit with at least one of those in a covered carport or garage; two-bedroom units are required to have a minimum of 2 parking spaces per unit with at least one of those in a covered carport or garage. Based on this requirement, a minimum of 240 covered spaces and 168 uncovered spaces are required for a total of 408 spaces. The site plan depicts a total of 240 covered spaces in garages and carports; and 175 uncovered parking spaces for a total of 415 spaces, which exceeds the minimum standards by 7 spaces. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11- 3C-5C. Based on 415 vehicle spaces proposed, a minimum of 16 bicycle spaces are required to be provided. Four bicycle racks are depicted on the site plan – one at each end of the buildings; they should provide parking for a minimum of 16 bicycles. Landscaping: Landscaping is required to be provided within the development in accord with the standards listed in UDC 11-3B. Parking lot landscaping is proposed in accord with the standards listed in UDC 11-3B-8C. Street buffer landscaping is proposed as set forth in UDC Table 11-2B-3 per the standards listed in UDC 11-3B-7C. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 9 Parkways: Parkways are proposed adjacent to the collector streets and the private driveway that abuts this site in accord with the standards listed in UDC 11-3A-17E. Sidewalks/Pathways: Sidewalks are required to be constructed on the site in accord with the standards listed in UDC 11-3A-17. A 5-foot wide detached sidewalk is proposed along the collector streets and the private driveway adjacent to this site in accord with UDC standards. Internal pathways are proposed for interconnectivity within the development and to common areas and site amenities. A multi-use pathway is proposed along the north side of the Tenmile Creek; pedestrian access is proposed from this site to the future pathway. Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7. No fencing is depicted on the landscape plan. Waterways: The Kennedy Lateral lies on a portion of the site at the south boundary and is proposed to be piped in accord with UDC 11-3A-6B. Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Building Elevations: Two (2) 4-story structures are proposed for the multi-family units as shown in Exhibit A.5. Eight (8) garages, carports and a clubhouse are also proposed. Building materials for the multi-family structures consist of 3 different colors of stucco with brick veneer accents and glazing. The architectural character of the structures are required to comply with the standards listed in the City of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual and conditions of approval in Exhibit B. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Original & Proposed Conceptual Development Plan 3. Site Plan (dated: 7/28/2017) 4. Landscape Plan (date: 7/28/2017) & Site Amenities 5. Building Elevations EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 10 B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 11 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 12 Exhibit A.2: Original & Proposed Conceptual Development Plan Original Concept Plan (dated: 1/14/2014) EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 13 Proposed Concept Plan EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 14 Exhibit A.3: Site Plan (dated: 7/28/2017) Cross-Section Approved by the Fire Department: EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 15 Exhibit A.4: Landscape Plan (dated: 7/28/2017) EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 16 Exhibit A.5: Building Elevations (dated: 8/11/2017) EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 17 EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 18 EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 19 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval – Conditional Use Permit 1.1.1 The site plan included in Exhibit A.3, dated July 28, 2017, shall be revised as follows: a. Depict the property management office, maintenance storage area, central mailbox locations (including provisions for parcel mail) that provide safe pedestrian and/or vehicle access, and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. Provide a minimum of 1.38 acres of common open space for the development that complies with the standards listed in UDC 11-4-3-27C. c. Provide a minimum of 16 bicycle parking spaces within racks on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. d. Depict trash enclosure locations on the plan as approved by Republic Services. 1.1.2 The landscape plan included in Exhibit A.4, dated July 28, 2017, shall be revised as follows: a. All street facing elevations along the east/west (W. Cobalt Dr.) and north/south collector streets shall have a landscaped area at least 3-feet wide that is landscaped with an evergreen shrub every 3 linear feet of foundation with a minimum mature height of 24 inches per UDC 11-4-3-27E. b. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be depicted on the plan and be located in areas not visible from a public street, or shall be fully screened from view from a public street. c. Depict trash enclosure locations on the plan as approved by Republic Services. d. Provide a minimum of 1.38 acres of common open space for the development in accord with the standards listed in UDC 11-4-3-27C. 1.1.3 Each dwelling unit shall provide a minimum private usable open space of 80 square feet as set forth in UDC 11-4-3-27B.3 unless otherwise approved. 1.1.4 Provide site amenities in accord with UDC 11-4-3-27D as proposed (i.e. a clubhouse with a lounge and entertainment areas, public Wi-Fi, work stations, a fitness center and TRX/Crossfit studio; swimming pool, indoor bicycle storage and maintenance room, outdoor fire pit, table tennis, and BBQ grills). 1.1.5 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. 1.1.6 The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com). A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. 1.1.7 The Kennedy Lateral is required to be piped where it crosses this site in accord with UDC 11-3A-6B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC Chapter 2 District regulations. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 20 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11- 3A-6B as applicable. 1.2.18 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 21 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.4.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.4.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreement modification request as set forth in UDC 11- 5B-3D2. 1.4.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the installation of water and sewer mains and services to the project. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 22 Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a singl e-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 23 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Please contact the Deputy Fire Chief immediately to address concerns related to the necessary Fire Department turn arounds. In accordance with International Fire Code Section 503.2.5, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.2 Please contact the Deputy Fire Chief/Fire Prevention at 888-1234 to work out specific issues associated with this project as soon as possible. 3.3 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 3.4 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.8 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 24 two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.14 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 3.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 3.18 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT ACHD does not require action on this application. EXHIBIT A TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 25 C. Required Findings from Unified Development Code 1. CONDITIONAL USE PERMIT (UDC 11-5B-6E) The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C-G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The City Council finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. EXHIBIT A g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 71 PROJECT NUMBER: H-2017-0121 ITEM TITLE: Madden Subdivision Findings of Fact, Conclusions of Law for Madden Subdivision (H-2017-0121) by Kobe, LLC located at the Northeast Corner of Locust Grove and E. Franklin Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0121 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Combined Preliminary and Final Plat Consisting of three (3) Building Lot on 8.38 of an Acre of Land in the C-G Zoning District for Madden Subdivision , by Kobe, LLC Case No(s). H-2017-0121 For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0121 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 24, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0121 - 3 - F. Attached: Staff Report for the hearing date of October 24, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor eerd Attest: 0Q'` sr l a° Pity of w E IDIAN* IDAHO City Clerkles2T� SEAL U day of /'dotellGeY VOTED VOTED VOTED VC4 VOTED VC4 VOTED VOTED V&� VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:cjqu�jDated: ` 4 A6 I �/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0121 - 4 - Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 1 STAFF REPORT HEARING DATE: October 24, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Madden Subdivision – PFP (H-2017-0121) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Kobe, LLC, has submitted an application for a combined preliminary and final plat (PFP) consisting of 3 building lots on 8.38 acres of land in the C-G zoning district. This property is currently in the process of obtaining a rezone for a portion of the subject property from C-G to I-L zoning (H-2017-0098). II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the public hearing, the Commission moved to recommend approval of the subject combined preliminary and final plat request. a. Summary of Commission Public Hearing: i. In favor: Doug Tamura ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The number of access point on to Locust Grove and Franklin d. Commission Change(s) to Staff Recommendation: i. Commission recommended that the applicant be allowed to have to access points onto Locust Grove e. Outstanding Issue(s) for City Council: i. The number of vehicle access points onto Locust Grove and Franklin. The Meridian City Council heard these items on October 24, 2017. At the public hearing, the Council approved the subject combined preliminary and final plat request. a. Summary of City Council Public Hearing: i. In favor: Doug Tamura (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 2 v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. The number and location of access points to Locust Grove and Franklin. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the two access points to Locust Grove and One to Franklin as proposed by the applicant, and approved by ACHD. III. PROPOSED MOTION 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 September 21, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0098, as presented during the hearing on September 21, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0098 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 the northeast corner of N. Locust Grove Road and E. Franklin Road, in the SW ¼ of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1108336020) B. Owner/Applicant/Representative: Doug Tamura, Kobe, LLC 732 Santa Paula Place Boise, ID 83712 C. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a combined preliminary & final plat. A public hearing is required before the Planning & Zoning Commission and City Council on the combined preliminary and final plat, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 1, 2017 (Commission); October 6, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: August 25, 2017 (Commission) September 29, 2017 (Council) D. Applicant posted notice on site(s) on: September 7, 2017 (Commission) October 13, 2017 (Council) Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 3 VI. LAND USE A. Existing Land Use(s) and Zoning: The site is currently vacant and is currently zoned C-G. NOTE: This property is currently in the process of obtaining a rezone for a portion of the subject property from C-G to I-L zoning (see H-2017-0098). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Industrial use; Parks Maintenance, zoned I-L 2. East: Single-family residential, zoned RUT; Industrial Use, zoned I-L; Commercial Auto Repair, zoned C-G 3. South: Single-family residential, zoned RUT; Multi-family residential, zoned R-15 4. West: Vacant property, zoned C-G and I-L C. History of Previous Actions: This property was annexed in 1996 as ordinance #748. D. Utilities: 1. Location of sewer: The subject site is currently being served with sanitary sewer from the City of Meridian. 2. Location of water: The subject site is currently being served with water from the City of Meridian. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN The subject property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone.” Although this property has a Commercial designation within the Comprehensive Plan Future Land Use Map, land use designations do not follow parcel/property lines; there are properties directly to the north, east and west that are designated Industrial. Staff recetnly recommended “floating” the adjacent Industrial designation to a portion (4.5 acres) of the subject property with the proposal to rezone a portion of this property to I-L (see H-2017-0098). The applicant proposes to develop this 8.38 acre site with industrial and commercial uses, consistent with the Commercial designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics ): Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 4 • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Parking lot and street buffer landscaping are required to be provided with development of this property. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The future commercial/office development of this property should be compatible with existing residential properties to the south which are separated by a private street and a landscape buffer. • “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The applicant has indicated that they will construct access points to N. Nola Road and E. Lanark Street, both local commercial streets. Access to E. Franklin Road and N. Locust Grove are predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval. If approval is obtained, staff is of the opinion that a single access point to each arterial be granted, and that the access(es) be shared. See Section VII below for more. For the above reasons, staff believes the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the C-G district consist of a mix of retail, office, service, and light industrial uses. B. Purpose Statement of Zone(s): Per UDC 11-2C-1, The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. C. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district and UDC Table 11-2C-2 lists the permitted, accessory, conditional, and prohibited uses in the I-L zoning district. No specific uses are proposed at this time. D. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC Table 11-2C-3 for the I-L zoning district (pending rezone approval) apply to development of this site. E. Landscaping: Street buffer and parking lot landscaping shall be installed in accordance with the Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 5 standards listed in UDC Table 11-2B-3, UDC 11-3B-7C and UDC 11-3B-8C for the C-G and I-L zoning districts, as applicable. F. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. G. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY /F INAL PLAT (PFP): A combined preliminary and final plat is proposed consisting of 3 building lots on 8.38 acres of land in the C-G zoning district for Madden Subdivision (see Exhibits A.2 and A.3). Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2B-3 and Table 11-2C-3 and found the plat in compliance with those standards. Future construction on these lots shall be consistent with these standards. Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. This property has frontage on Nola Road, Lanark Street, Franklin Road and Locust Grove Road. There are two existing access points to the site from both E. Franklin Road and N. Locust Grove, both classified arterial roadways. Since this property has access to Nola and Lanark, access to the arterials should be restricted. If approval for access is obtained from the City Council and ACHD, City Staff is of the opinion that a single access point to each arterial be granted, and that the access(es) shared. The applicant has indicated that they will also construct access points to N. Nola Road and E. Lanark Street, both local commercial streets. Landscaping: A 10-foot wide street buffer is required to be provided along E. Lanark Street and N. Nola Road, both public streets, as set forth in UDC Table 11-2B-3 and UDC Table 11-2C-3. The applicant has proposed a 20-foot landscape buffer along E. Lanark even though only a 10- foot landscape buffer is required along local streets. A 25-foot landscape buffer is required along both N. Locust Grove Road and E. Franklin Road, both arterial roadways, as set forth in UDC 11- 2B-3 and UDC 11-2C-3. Landscaping within the street buffer should be provided in accord with the standards listed in UDC 11-3B-7C. The landscaping shown on the landscape plan complies with these standards (see Exhibit A.4). Any interior parking lot landscaping will be required with development of the property (i.e. – building). Fencing: No fencing is depicted on the landscape plan for this site. Any new fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along N. Locust Grove Road and E. Franklin Road. As mentioned, UDC 11-3A-17 requires that sidewalks along arterial roadways be detached; but that same section of code gives the director the ability to waive that requirement in that case. The director sees no reason to remove and reconstruct a sidewalk in this case. The applicant will be required to install attached sidewalk along N. Nola Road and E. Lanark Street per the previously stated standards. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 6 Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application prior to construction to ensure all construction and site improvements comply with the conditions in this report and the provisions of the UDC, per UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site layout and design of all structures on the site is required to be consistent with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat 3. Final Plat 4. Landscape Plan (date: 08/07/17) B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 7 Exhibit A.1: Vicinity/Zoning Map Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 8 Exhibit A.2: Preliminary Plat Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 9 Exhibit A.3: Final Plat Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 10 Exhibit A.4: Landscape Plan (dated: 08/07/2017 Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 11 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the preliminary and final plat included in Exhibit A, the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.2 is approved as submitted. 1.1.3 The final plat included in Exhibit A.3, shall include a note that reads as follows: “Direct lot access to E. Franklin Road and to N. Locust Grove Road is prohibited.” 1.1.4 The landscape plan included in Exhibit A.4, is approved as submitted. 1.1.5 Unless otherwise approved by the City Council and ACHD, access to this site shall be provided from N. Nola Road and E. Lanark Street. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.12 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Standards Manual. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.14 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.15 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 12 1.2.16 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.4.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.4.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.7 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the installation of additional water and sewer mains and services to the subject development. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 13 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 14 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 15 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The Ada County Highway District has not submitted a staff report for the project. Exhibit A Madden Subdivision – PFP (H-2017-0121) PAGE 16 C. Required Findings from Unified Development Code 1. PRELIMINARY AND FINAL PLAT : In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information . b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7J PROJECT NUMBER: H -2017 - ITEM TITLE: Pond Subdivision Findings of Fact, Conclusions of Law for Pond Subdivision (H- 2017-0115) by Schultz Development located at 2980 N. Meridian Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0115 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of twenty-one (21) single-family residential building lots and five (5) common lots on 4.82 Acres of Land in the R-8 Zoning District for Pond Subdivision , by Kobe, LLC Case No(s). H-2017-0115 For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0115 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 24, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 24, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tam Weerd o�QpRp,TED AUGLST Attest: � 010 ()r w E IDIAN 11-�A-a 1OAHO C. J& Cole SEAL City Clerk day of /✓O ��` i /► VOTED /C4 VOTED ,/e4 VOTED & IM VOTED VOTED VOTED A� VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C)MAfiW L��Dated: [1-9-IZ17 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0115 - 3 - Pond Subdivision H-2017-0115 PAGE 1 STAFF REPORT Hearing Date: October 24, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pond Subdivision – PP (H-2017-0115) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for a preliminary plat (PP) consisting of 21 single-family residential building lots and 5 common lots on 4.82 acres of land for Pond Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: Ted Williams iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. How is the property to the east and the north going to redevelop? c. Key Issues of Discussion by Commission: i. The accessory building that doesn’t meet code in terms of it’s location. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. The location of the accessory building that is in the front yard. ii. Request to leave open the Onweiler Canal due to the size. The Meridian City Council heard these items on October 24, 2017. At the public hearing, the Council approved the subject preliminary plat request. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: Pond Subdivision H-2017-0115 PAGE 2 i. None c. Key Issues of Discussion by Council: i. The wrought iron fence along the lateral to deter access. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the request keep the lateral open. ii. Council was in favor of allowing the accessory building to remain, but that action requires a variance application. The applicant will need to apply for a variance in this case. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0115, as presented in the staff report for the hearing date of September 21, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0115, as presented during the hearing on September 21, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0115 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 2980 N. Meridian Road, in the NW ¼ of Section 6, Township 3 North, Range 1 East. (Parcel #: S1106222656) B. Owner(s): Thair Pond 2980 N. Meridian Road Meridian, Idaho 83642 C. Applicant/Representative: Matt Schultz, Schultz Development P. O. Box 1115 Meridian, Idaho 83680 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 1, 2017 (Commission) October 6, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2017 (Commission) September 29, 2017 (Council) Pond Subdivision H-2017-0115 PAGE 3 D. Applicant posted notice on site(s) on: September 8, 2017 (Commission) October 12, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of a residence and associated outbuildings, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property, zoned R-4 2. East: County residential properties, zoned R1 3. South: Silhouette Subdivision and Highgate Subdivision, zoned R-8 4. West: Single family residential and multi-family residential property, zoned R-8 aand R-15. C. History of Previous Actions: This land was previously annexed and zoned and granted conditional use permit approval in 2012 (AZ-12-014; CUP-12-020) for Tomorrow’s Hope. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development, currently exists in N. Meridian Road. 2. Location of water: A water main intended to provide service to the proposed development, currently exists in N. Meridian Road. 3. Issues: Existing sewer and water mainline stub locations at N. Meridian Road do not appear to be in the standard corridor locations for the new roadway design location. Applicant shall be required to coordinate stub locations with the Development Services Division, and relocate any mainlines that are outside of tolerance. E. Physical Features: 1. Canals/Ditches Irrigation: The Creason Lateral transverses the southern boundary. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The property are designated “Medium Density Residential” (MDR) on the Comprehensive Plan Future Land Use Map. The MDR designation allows smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The applicant has provided a concept plan that depicts the relationship between the existing nursing care facility and the proposed preliminary plat. The proposed overall density of this development is 4.35 dwelling units (d.u.) per acre; with a net density of 6.47 d.u./acre which is consistent with the MDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Pond Subdivision H-2017-0115 PAGE 4 The proposed medium density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along N. Meridian Road, an arterial street per UDC Table 11-2A-5 in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed medium-density residential development should be compatible with existing and approved rural, low and medium density residential and agricultural uses.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a stub street to the east to an unplatted parcel of land for future extension and interconnectivity. There is an undeveloped portion of the nursing care facility to the north of this property that will require vehicular access in the future. The ability to serve that property from this parvcel is limited with the current design. The property could be access from the proposed common driveway, but the property would only be allowed to be subdivided into a one lot subdivision due to the limitation of six (6) lots taking access from a common driveway. Staff feels that access to that undeveloped portion of the northern lot will be better served from the property immediately to the east of the subject property.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are currently available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by minimum property sizes, street frontage requirements, setbacks, and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- Pond Subdivision H-2017-0115 PAGE 5 family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of 21 single-family residential building lots and 5 common area lots on 4.82 acres of land in an R-8 zoning district. The minimum lot size in the proposed development is 4,129 square feet; the minimum lot size in the R-8 district is 4,000 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and with the exception of lots 3, 4, and 5 of Block 2, the plat was found to be in compliance with those standards. Lots 3, 4, and 5 of Block 2 shall be revised to meet the above named standards. Access: Access to this site is proposed on the plat from an existing access to N. Meridian Road. The existing access shall be converted to a public road and the commercial access for the residential care facility and the driveway for the existing home will be reconfigured. A stub street is proposed to the east for future extension and interconnectivity. The plat depicts 47-foot wide right-of-way sections. No other access is available to this property. Common Driveways: There is one common driveway proposed. The applicant is proposing Lots 6, 7, 8, 9, and 10 of Block 1, to take access from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping, Open Space & Site Amenities: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Open space and amenities are not a requirement for this plat because the plat is under 5 acres in size. The applicant has however provided 0.24 of an acre of open space for the development which includes the landscape buffer along N. Meridian Road and several common lots. Tree Mitigation: If there are any trees that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Existing Structures: There is an existing home and associated outbuildings on the site that are proposed to remain on Lot 1, Block 1. All existing structures that are proposed to remain with Pond Subdivision H-2017-0115 PAGE 6 subdivision of the property must comply with the setback standards of the R-8 district per UDC Table 11-2A-6; or be removed prior to City Engineer signature on the final plat. Additionally, the development of this property will likely require the address for the existing home to change. The applicant will have to coordinate with the City’s Addressing Specialist and obtain a new street addresses from the adjacent local street. Note: There is an existing outbuilding on Lot 1, Block 1 that will be located within the required street yard with the subdividing of the property. The UDC restricts detached accessory dwellings from being located in this setback (UDC 11-2A-3D). The applicant is requesting that the City Council allow the accessory building remain on the property in its current location. Staff recommends that the structure be removed with the development of the first phase unless approved to remain by City Council. Sidewalks: Five-foot wide attached sidewalks are proposed along internal streets within the development. Waterways: The Onweiler Canal crosses the southern portion of the site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11-3A-6A. The applicant is requesting a waiver from City Council due to the large capacity of the lateral. Due to …Staff believes a waiver should be granted – or not. What has happened with the Onweiler up and down stream? Is it open? See Fencing section below for more information. The final plat should depict the easement for the lateral on the face of the plat and label it as such. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.5. Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan. If the Osweiler Canal 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 with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral. All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. In summary, Staff recommends approval of the proposed preliminary plat request for this site and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 8/3/17) 3. Proposed Landscape Plan (dated: 8/3/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 8/3/17) Exhibit A Page 2 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 8/3/17) - 2 - 5. Conceptual Building Elevations - 3 - - 4 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2 dated 08/03/17 shall be revised as follows: a. Per UDC 11-2A-6, residential lots within the R-8 zoning district shall have 40 feet of frontage. The applicant shall revise Lots 3, 4, and 5 of Block 2 to meet that standard. 1.1.2 The landscape plan included in Exhibit A.3 dated 08/03/17 shall be revised as follows: a. If Council approves a waiver to allow the Osweiler Canal to remain open and not be piped and it’s not improved as a water amenity, the lateral shall be fenced with an open vision fence at least 6-feet in height having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral in accord with the standards listed in UDC 11-3A-6B. 1.1.3 The developer 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. 1.1.4 There is an existing outbuilding (labeled as shop) on Lot 1, Block 1 that will be located within the required street yard with the subdividing of the property. The UDC restricts detached accessory dwellings from being located in this setback (UDC 11-2A-3D). The applicant shall remove this accessory structure. 1.1.5 With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. - 5 - 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 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. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 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 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 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. 2.1 Site Specific Conditions of Approval 2.1.1 Existing sewer and water mainline stub locations at N. Meridian Road do not appear to be in the standard corridor locations for the new roadway design location. Applicant shall be required to coordinate stub locations with the Development Services Division, and relocate any mainlines and appurtenances that are outside of tolerance. 2.2 General Conditions of Approval - 6 - 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. - 7 - 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT - 8 - 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. - 9 - 4.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-3B-10C.5. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 At the time of this staff report, a report from ACHD had not yet been received. - 10 - C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7K PROJECT NUMBER: H-2017-0098 ITEM TITLE: Gensco Findings of Fact, Conclusions of Law for Gensco (H-2017-0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0098 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 4.5 acres of land from the C-G to the I-L zoning district, by Kobe, LLC. Case No(s). H-2017-0098 For the City Council Hearing Date of: October 17, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 2017, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0098 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for rezone is hereby approved per the Staff Report for the hearing date of October 17, 2017, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of October 17, 2017 By action of the City Council at its regular meeting held on the day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED Jct COUNCIL VICE PRESIDENT JOE BORTON VOTED M COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /0, COUNCIL MEMBER TY PALMER VOTED Y4 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MI.LAM VOTED IC4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor. Tamne^eerd Attest: C.Jay Mes City Clerk Cily of w E IDIANt.- IDAHO SEAL ') Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: r Dated: Cit lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 1-12017-0098 - 3 - Exhibit A Gensco – RZ H-2017-0098 PAGE 1 STAFF REPORT Hearing Date: October 17, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Gensco – RZ (H-2017-0098) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Kobe LLC, has submitted an application for a rezone (RZ) of 4.5 acres of a total 8.38 acre parcel from the C-G to the I-L zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on September 7, 2017. At the public hearing the Commission moved to recommend approval of the subject RZ request. a. 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 b. Key issue(s) of Public Testimony: i. None c. 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. d. 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.” e. Outstanding Issue(s) for City Council: i. The applicant is requesting access to both Locust Grove Road and Franklin. The Meridian City Council heard this item on October 17, 2017. At the public hearing, the Council approved the subject RZ request. a. Summary of City Council Public Hearing: i. In favor: Doug Tamura (applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach Exhibit A Gensco – RZ H-2017-0098 PAGE 2 vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0098, as presented in the staff report for the hearing date of September 7, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0098, as presented during the hearing on September 7, 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 (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 the northeast corner of N. Locust Grove Road and E. Franklin Road, in the SW ¼ of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1108336020) B. Owner/Applicant/Representative: Kobe, LLC 732 Santa Paula Place Boise, ID 83712 C. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 18, 2017 (Commission); September 29, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: August 9 and 10, 2017 (Commission); September 8, 2017 (Council) D. Applicant posted notice on site(s) on: August 20, 2017 (Commission); October 3, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The site is currently vacant and is currently zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Exhibit A Gensco – RZ H-2017-0098 PAGE 3 1. North: Industrial use, zoned I-L 2. East: Single-family residential, zoned RUT; Industrial Use, zoned I-L; Commercial Auto Repair, zoned C-G 3. South: Single-family residential, zoned RUT; Multi-family residential, zoned R-15 4. West: Vacant property, zoned C-G and I-L C. History of Previous Actions: This property was annexed in 1996 as ordinance #748. D. Utilities: 1. Location of sewer: The subject site is currently being served with sanitary sewer from the City of Meridian. 2. Location of water: The subject site is currently being served with water from the City of Meridian. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone.” Although this property has a Commercial designation within the Comprehensive Plan Future Land Use Map, land use designations do not follow parcel/property lines; there are properties directly to the north, east and west that are designated Industrial. In this situation, staff is recommending to “float” the adjacent Industrial designation to a portion (4.5 acres) of the subject property as well. Staff finds that the proposal to rezone a portion of this property to I-L is consistent with the desired land uses in the comprehensive plan for several reasons. These reasons include the adjacent users to the north and east are either existing industrial users, or are designated as such. To ensure compliance with the plan staff is recommending that the property owner enter into a development agreement that will further define the uses allowed on the property as well as access points, and subdivision. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2C-1, the purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or Exhibit A Gensco – RZ H-2017-0098 PAGE 4 objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Flex Space developments are listed as a principal permitted use in the I-L zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC11-2C-3 for the I-L zoning district. D. Landscaping: Street buffer landscaping is required in the I-L zoning district in accord with UDC 11-2C-3. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for flex- space developments. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone 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 plat 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. Exhibit A Gensco – RZ H-2017-0098 PAGE 5 In summary, Staff recommends approval of the proposed rezone request for a portion of the overall site in accord with the findings contained in Exhibit D. X. EXHIBITS A. Vicinity/Zoning Map B. Legal Description & Exhibit Map for Rezone Boundary C. Development Agreement Provisions D. Required Findings from Unified Development Code E. Conceptual Elevations (Not Approved) EXHIBIT A: VICINITY/ZONING MAP Exhibit A - 2 - EXHIBIT B - LEGAL DESCRIPTION & EXHIBIT MAP FOR REZONE BOUNDARY Exhibit A - 3 - Exhibit A - 4 - Exhibit A - 5 - EXHIBIT C: DEVELOPMENT AGREEMENT PROVISIONS 1.1 Site Specific Provisions 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the DA is approved and recorded by the City. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: 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. 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. 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. Exhibit A - 6 - EXHIBIT D: REQUIRED FINDINGS FROM UNIFIED DEVELOPMENT CODE 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone the subject property from C-G to the I-L zoning district. This property is currently designated Commercial on the Future Land Use Map. However, the adjacent properties are designated Industrial and the Comprehensive Plan is not parcel specific. An interpretation that the northern portion of the subject parcel may be industrial is appropriate in this situation. Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement for the traditional neighborhood districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities already exist to this site. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone. Exhibit A - 7 - EXHIBIT E: CONCEPTUAL ELEVATIONS (NOT APPROVED) Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7L PROJECT NUMBER: H-2017-0109 ITEM TITLE: Kentucky Ridge Findings of Fact, Conclusions of Law 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 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0109 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of nineteen (19) single-family residential building lots and three (3) common lots on 5.5 Acres of Land in the R-4 Zoning District for Kentucky Subdivision , by Kobe, LLC Case No(s). H-2017-0109 For the City Council Hearing Date of: October 17, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0109 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 17, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 17, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) 1 -11 a -amm eerd Attest:. C. Jai/Co City Clerk ?-P n �) u day of `V[/ (/em 6 4-, VOTED /n VOTED %4 VOTED %(,4, VOTED Yl!!� VOTED VOTED / e4 VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:�iwkgovhiflDated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0109 - 3 - Exhibit A Kentucky Ridge Estates South Subdivision H-2017-0109 PAGE 1 STAFF REPORT Hearing Date: October 17, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Kentucky Ridge Estates South Subdivision – PP (H-2017-0109 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Hayden Homes Idaho, LLC, has submitted an application for a preliminary plat (PP) consisting of 19 single-family residential building lots and 3 common lots on 5.5 acres of land for Kentucky Ridge Estates South subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 7, 2017. At the public hearing the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Tim Mokwa, Anne Runyan ii. In opposition: None iii. Commenting: Anne Runyan iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. 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. c. 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. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on October 17, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Mike Gregory ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach Exhibit A Kentucky Ridge Estates South Subdivision H-2017-0109 PAGE 2 vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0109, as presented in the staff report for the hearing date of September 7, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0109, as presented during the hearing on September 7, 2017, 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 (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 in the NW ¼ of Section 25, Township 3 North, Range 1 West. (Parcel #: R4882810605) B. Owner(s): T&M Holdings, LLC P.O. Box 2640 Eagle, Idaho 83616 C. Applicant/Representative: Tim Mokwa, Hayden Homes Idaho, LLC 1406 N. Main Street Suite 109 Meridian, Idaho 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August18, 2017 (Commission); September 29, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: August 10, 2017 (Commission); September 11, 2017 (Council) D. Applicant posted notice on site(s) on: August 23, 2017 (Commission); September 11, 2017 Exhibit A Kentucky Ridge Estates South Subdivision H-2017-0109 PAGE 3 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential homes in the Kentucky Ridge Estates Subdivision, zoned R- 4 2. East: Single-family residential homes in the Kentucky Ridge Estates Subdivision, zoned R-4 3. South: Rural residential/agricultural property, zoned R-4 4. West: Rural residential/agricultural property, zone R-4 C. History of Previous Actions: This land was previously annexed and zoned and granted preliminary plat approval in 2014 (AZ-14-002; PP-13-040) for Revolution Ridge Subdivision. This was to be phase 4 of the Kentucky Ridge Estates Subdivision, however the plat expired. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in S. Cobble Avenue. 2. Location of water: Water mains intended to provide service to the subject property currently exists at the end of S. Cobble Avenue and W. Blue Downs Street. 3. Issues or concerns: This development cannot be served by the existing pressure zone 4 which serves the previous phases. This development must be served by pressure zone 5 which will not be available until the phase three of the Biltmore is compete and activated. E. Physical Features: 1. Canals/Ditches Irrigation: There is a ditch that runs along the southwest corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant proposes annex the subject property with an R-4 zoning district and develop 64 single- family residential detached homes on the site. The gross density is 3.2 dwelling units (d.u.) per acre. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Exhibit A Kentucky Ridge Estates South Subdivision H-2017-0109 PAGE 4 The proposed medium-low density residential development should add variety to the low density residential uses that exist in this area.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed medium low-density residential development should be compatible with existing adjacent residential and agricultural uses.  “Require common area in all subdivisions.” (3.07.02F) The proposed plat was intended to be part of the overall Kentucky Ridge Estates Subdivision. As a result, the overall open space required with the overall subdivision meets the requirements of the UDC; however this particular plat does not meet the minimum 10% requirement.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts stub streets to the south and east for future extension and interconnectivity. One street (S. Cobble Avenue) is also proposed to connect to existing stub streets in Kentucky Ridge Estates Subdivision.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat Exhibit A Kentucky Ridge Estates South Subdivision H-2017-0109 PAGE 5 The proposed plat consists of 19 single-family residential building lots and 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. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and found the plat in compliance with those standards. Block Length: The maximum block length standard is 750 feet without an intersecting street or alley (UDC 11-6C-3F). The length of the block face along the southern boundary of the site that includes Block 3 and the lots to the east in Kentucky Ridge Estates Subdivision measures approximately 1,140 feet. The UDC does allow for the block length to be extended to 1,000 feet when a pedestrian connection is provided. The applicant has proposed a micropath to the south. Access: Access to this site is proposed on the plat from two accesses via S. Cobble Avenue and W. Blue Downs Street. A stub street is proposed to the south for future extension and interconnectivity. The plat depicts 42-foot and 48-foot wide right-of-way sections. On the 42-foot wide street sections, parking is only allowed on one side of the street. Staff recommends “no parking” signs are installed at regular internals along the street. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping, Open Space & Site Amenities: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. As mentioned above, this plat was meant to be part of the overall Kentucky Ridge Subdivision and as a result, this plat does not meet the required 10% required open space or amenities requirement by itself. However, the overall development contains 2.06 acres of land, which meets the 10% standard. Tree Mitigation: If there are any trees that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Sidewalks: Five-foot wide attached sidewalks are proposed along internal streets within the subdivision. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. The pathway proposed for Lot 8, Block 7 requires a 5-foot landscape buffer on both side of the pathway in compliance with UDC 11-3B-12. Waterways: The Sundall Lateral crosses the southwest corner of the site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11-3A-6A. The applicant is requesting a waiver from City Council due to the large capacity of the lateral. The final plat should depict the easement for the lateral on the face of the plat and label it as such. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Exhibit A Kentucky Ridge Estates South Subdivision H-2017-0109 PAGE 6 Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.5. Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; a 6-foot tall wrought iron fence is proposed around the common area on Lot 29, Block 5 compliance with the standards listed in UDC 11-3A7. 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 with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral. All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 7/19/17) 3. Proposed Landscape Plan (dated: 5/15/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 7/19/17) Exhibit A Exhibit A Page 2 Exhibit A Exhibit A Page 3 3. Proposed Landscape Plan (dated: 5/15/17) Exhibit A - 2 - 5. Conceptual Building Elevations Exhibit A - 3 - Exhibit A - 4 - Exhibit A - 5 - Exhibit A - 6 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2 dated 7/19/17 shall be revised as follows: a. The applicant shall install a 5-foot landscape buffer on both sides of the micropath proposed for Lot 8, Block 7 in accord with UDC 11-3B-12. b. The applicant shall install fencing adjacent to Lot 8, Block 7 in accord with UDC-3A-7. 1.1.2 The landscape plan included in Exhibit A.3 dated 5/15/17 shall be revised as follows: a. If Council approves a waiver to allow the Sundall Lateral to remain open and not be piped and it’s not improved as a water amenity, the lateral shall be fenced with an open vision fence at least 6-feet in height having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral in accord with the standards listed in UDC 11-3A-6B. 1.1.3 The developer 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. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. Exhibit A - 7 - 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 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. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 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 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 This development cannot be served by the existing pressure zone 4 which serves the previous phases. This development must be served by pressure zone 5 which will not be available until phase three of the Biltmore is compete and activated. An application for final plat will not be accepted until such time as pressure zone 5 is activated and available to be extended into this development. 2.1.2 The applicant shall be required to install water main under the micro path on Lot 8, Block 7. This main will connect into the water main being required in the proposed Biltmore Subdivision. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit A - 8 - 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Exhibit A - 9 - 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT Exhibit A - 10 - 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.7 The applicant shall provide a temporary turn-around on Lot 1, Block 7 and shall designate this lot as non-buildable until such time as S. Redup Avenue is extended. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-3B-10C.5. Exhibit A - 11 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct Blue Downs Street and Redup Avenue as 34-foot street sections, with curb, gutter, and 5-foot wide concrete sidewalk within 48-feet of right-of-way (or 33-foot street sections, within 47- feet of right-of-way). 7.1.2 Construct Cobble Avenue as a 29-foot street section, with vertical curb, gutter and 5-foot wide (minimum) attached concrete sidewalk, within 42-feet of right-of-way. 7.1.3 Provide written fire department approval for all street segments less than 36-feet wide. 7.1.4 Install “No Parking” signs on the east side of Cobble Avenue. 7.1.5 Construct Redup Avenue as a stub street to the south, west of Sundell Lateral. 7.1.6 A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.7 Submit the bridge plans for the crossing of the Sundell Lateral (Blue Downs Street) for review and approval prior to the pre-construction meeting and final plat approval. All plan submittals for bridges or pipe crossings of irrigation facilities should be submitted to ACHD for review no later than December 15th for construction in the following year prior to irrigation season. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit A - 12 - 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A - 13 - C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7M PROJECT NUMBER: H-2017-0058 ITEM TITLE: Pine 43 Findings of Fact, Conclusions of Law 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0058 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Modification to the existing Development Agreement (Inst. #108022893) to accommodate the proposed mixed use development plan; 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; 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; and, 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, by DMB Development. Case No(s). H-2017-0058 For the City Council Hearing Date of: October 17, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0058 - 2 - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement; annexation and zoning with the requirement of a development agreement; rezone; and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 17, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0058 - 3 - A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 17, 2017 Q' By action of the City Council at its regular meeting held on the day of , 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) VOTED /eXt VOTED /4<' VOTED 1C4 VOTED VOTED U1, VOTED A --h VOTED Attest: =moa`' ( ily of w S CE IDIAN i #DAH* C.JatColes SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: rj"-�fU Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0058 - 4 - EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 1 STAFF REPORT Hearing Date: October 17, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pine 43 – MDA, AZ, RZ & PP (H-2017-0058) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DMB Development, has submitted applications for the following:  Modification to the existing Development Agreement (Inst. #108022893) to accommodate the proposed mixed use development plan;  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;  Rezone of 46.55 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; and,  Preliminary Plat consisting of 510 364 building lots and 50 common lots on 119.69 119.77 acres of land consisting of 108 mixed use (28 commercial and 80 multi-family residential) building lots & 28 mixed use common lots on 73.14 acres of land in the C-G district; and 353 residential building lots consisting of 175 single-family detached, 138 single-family attached and 40 attached live/work & 21 residential common lots on 46.55 acres of land in the R-15, R- 40 and C-G zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, AZ, RZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Commission is not required to make a recommendation on the MDA application; City Council is the decision making body on this application. The Meridian Planning & Zoning Commission heard these items on July 20, August 3 and 17, and September 7, 2017. At the public hearing on September 7th, the Commission moved to recommend approval of the subject AZ, RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Dan Torfin ii. In opposition: None iii. Commenting: Tom Bevan iv. Written testimony: Dan Torfin v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Question regarding connection to Wilson Lane from this development. c. Key Issues of Discussion by Commission: EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 2 i. Changes from the existing conceptual development plan in the development agreement to the proposed plan; ii. Adequacy of off-street parking in the multi-family residential portion of the development; iii. Would like to see an updated development plan and open space calculations based on Staff’s recommendations and the revised concept drawing shown at the Council meeting on 8/17/17. iv. The Commission was in support of the changes made to the conceptual development plan shown at the 9/7/17 Commission meeting. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on October 17, 2017. At the public hearing, the Council approved the subject MDA, AZ, RZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Dan Torfin, Applicant’s Representative ii. In opposition: None iii. Commenting: Jack Cortabitarte; Dale Newberry iv. Written testimony: Dan Torfin, Applicant’s Representative v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Provision of a sewer and water stub to the Cortabitarte property when the commercial portion of the site along E. Fairview Ave. develops. c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. Modification to DA provision #5.1.1 in Exhibit A.6 as requested and agreed upon by the applicant as shown. III. PROPOSED MOTION 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, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0058, 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 (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 3 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located south of E. Fairview Avenue, east of N. Locust Grove Road, north of Commercial Street and west of Hickory Avenue, in Section 8, Township 3 North, Range 1 East. B. Owners: DMB Development, LLC 250 S. Beechwood Boise, ID 83709 C. Applicant: Dan Torfin, DMB Development, LLC 250 S. Beechwood Boise, ID 83709 D. Representative: Scott Wonders, JUB Engineers, Inc. 250 S. Beechwood, Ste. 201 Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning, rezone, and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation and zoning, rezone and preliminary plat applications; a public hearing is only required before the City Council on the development agreement application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, 2017 (Commission); September 12, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: June 23, 2017 (Commission); September 11 and 14, 2017 (City Council) D. Applicant posted notice on site(s) on: July 10, 2017 (Commission); October 3, 2017 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of 23 lots/parcels, zoned C-G. There are a few existing structures on the site that will be removed with development; the PKG office building exists on the property at the southeast corner of N. Webb Ave. and E. Pine Ave. and will remain. B. Character of Surrounding Area and Adjacent Land Use and Zoning: There is a variety of developed and undeveloped land surrounding this site consisting of commercial, office, industrial and a mix of residential uses, zoned I-L, C-G, L-O, RUT in Ada County, R-8 and R-15. C. History of Previous Actions:  In 2007, this property was included in the annexation (AZ-07-006, Ordinance #08-1348), rezone (RZ-07-010), preliminary plat (PP-07-008) and variance (VAR-07-007) for Pinebridge Subdivision. A development agreement was required as a provision of annexation, EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 4 recorded as Instrument No. 108022893. Several time extensions were approved for the preliminary plat (TE-09-015, TEC-11-002, TEC-13-004, and TEC-15-002), which expired on May 7, 2017.  In 2011, a modification to the development agreement (Inst. No. 108022893) for Pinebridge was approved which removed the Scentsy property from the agreement and required a new development agreement for the Scentsy property (MDA-10-010, Inst. No. 111052691). D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the project area, are currently existing adjacent to, or are currently traversing through the project area. 2. Location of water: Domestic water mains intended to provide service to the project area, are currently existing adjacent to, or are currently traversing through the project area. 3. Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and domestic water mains to and through the project area. E. Physical Features: 1. Canals/Ditches Irrigation: The Settler’s Canal and Jackson Drain cross this site as well as several smaller irrigation ditches. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE: The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use - Community (MU-C). The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below (Figure 3-3 in the Comprehensive Plan, pg. 27). EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 5 THE CORE: This property is located within the northern area of “The Core” designated in The Comprehensive Plan. This area focuses on fostering an environment for health sciences, technology and business centers. The Core is a community of partners and programs creating sustainable jobs, development products, training, and research. The Core is a business diversity of the future; jobs in research, development and manufacturing that cannot be outsourced. The corridor of complementary businesses and services provides a one-stop destination for visitors and workforce with all necessary amenities. The commercial areas proposed with this development should provide for businesses that incorporate this vision. The diversity of residential housing choices proposed should provide nearby housing options for employees in these areas. TRANSPORTATION: The Master Street Map (MSM) designates north/south and east/west industrial collector streets through this site from E. Pine Avenue to E. Fairview Avenue (N. Webb Way) and from N. Locust Grove Road to the east property boundary (E. State Ave.), respectively. East Fairview Ave., N. Locust Grove Rd., and E. Pine Ave. are all existing arterial streets that will serve this development. PROPOSED USE: The applicant proposes to develop this property with 123 single-family detached homes, 91 attached townhomes, 504 multi-family units (apartments), and 19 vertically integrated residential (live/work), office and commercial uses. The gross density of the R-15 zoned area (46.55 31.24 acres) where 353 233 single-family detached, townhomes and vertically integrated residential units are proposed is 7.587.46 dwelling units per acre (d.u./acre). The gross density of the R-40 zoned area (27.48 acres) where 504 multi-family residential units are proposed is 18.34 d.u./acre. The gross density of both of the C-G zoned areas totaling 24.03 acres where 480 multi-family residential units are proposed is 20 d.u./acre. Overall in the residential areas of the development, the gross density is 11.8 12.55 d.u./acre, which is consistent with the density desired in MU-C designated areas of 6 to 15 d.u./acre. The proposed conceptual development plan depicts commercial (office/retail) uses adjacent to Fairview Avenue, N. Locust Grove Road, and E. Pine Avenue (east of N. Webb Way and south of Pine). Single-family, multi-family and vertically integrated residential uses are proposed internal to the development, north of E. State Avenue with a portion of the multi-family on the north side of E. Pine Avenue, west of N. Webb Way. Staff finds the proposed layout is generally consistent with the conceptual MU-C plan depicted above. However, because the adjacent property to the west along the north side of Pine is an industrial use and is designated on the FLUM as Industrial; and because Pine EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 6 is a commercial arterial that is developing with higher density employment type uses, staff recommends commercial uses be developed instead of high density residential between Pine and State, west of Webb mirroring that proposed on the east side of Webb, south of State and north of Pine. State Avenue will serve as a “break” between commercial and residential uses. The high-density residential development may be relocated to the area north of the Jackson Drain adjacent to the other multi-family development; or, single-family uses may develop in that area as currently proposed. The current C-G zoning district is not specifically listed as an appropriate zoning district in the Comprehensive Plan for MU-C designated areas; however, Council deemed the zoning appropriate when the property was annexed in 2007 under the mixed use standards that were in effect at that time. In reviewing development applications, the following items will be considered in Mixed Use and specifically, MU-C areas: (Staff analysis in italics)  Development should comply with the general guidelines for development in all Mixed Use areas. See guidelines and staff’s analysis below.  All developments should have a mix of at least three land use types. A variety of residential housing types are proposed consisting of single-family detached, townhomes, multi-family (apartments) and vertically integrated live/work units; along with commercial and office uses for a mix of land use types as required.  Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Residential uses are proposed on approximately 6050% of the site resulting in a gross density of 11.8 12.55 units/acre overall in residential areas. However, Staff is recommending the multi-family portion of the development on the west side of Webb between Pine and State is changed to commercial/office uses which may reduce this number if the multi-family isn’t relocated elsewhere on the site.  Non-residentia l buildings should be proportional to and blend in with adjacent residential buildings. Final design of non-residential buildings should comply with this requirement.  Vertically integrated structures are encouraged. A total of 40 vertically integrated townhomes are proposed that will accommodate commercial development within the residential unit on the ground floor.  Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square- foot building footprint. For the development of public school sites, the maximum building size does not apply. Only one of the proposed commercial building footprints exceeds 30,000 s.f. at 36,000’+/- (at the southwest corner of the site); others are well below that. This structure should not exceed 30,000 s.f. unless it is a community grocery store or public school site; or, public/quasi-public uses are proposed in excess of the required 5%. Although some of the 2- story office buildings will be around 50,000 – 60,000 s.f., the footprint should not exceed 30,000 s.f.  Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space , libraries , and school s that comprise a minimu m o f 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. Public and/or quasi-public spaces/places such as those listed should be provided within the overall development.  In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 7 as plaza or green space. The concept plan should be revised to include a minimum of 5% common, usable areas as described.  Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. If public/quasi-public uses are proposed in excess of the minimum 5%, the 36,000+/- square foot building proposed at the southwest corner of the site may be allowed.  The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. There is no existing low or medium-density residential development abutting this site that requires buffering.  Community serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed use developments. Staff considers this a large mixed use development; as such, it should contain some of these types of uses.  All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Pedestrian pathways are proposed internally within the development and adjacent to streets. There are no “neighborhoods” within this section as most of the land is commercial and industrial; however, the adjacent arterial streets and proposed collector street will make it easy for vehicles to access the site from nearby neighborhoods to the north and west of this site. Segments of the City’s multi-use pathway system are also designated on this site which will provide connectivity to/from adjacent developments.  Street sections consistent with the ACHD Master Street Map (MSM) are required within the Unified Development Code. There is an industrial collector street designated north/south and east/west through this site on the MSM; streets (N. Webb Way and E. State Ave.) are proposed in accord with the MSM.  Sample uses appropriate in MU-C areas would include: All MU-N categories, community grocer, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities , aut o servic e station, and retail shops , and other appropriate community-serving uses. Appropriate zoning districts in the MU-C include: TN-R, TN-C, C-C, L-O, R-15 and R-40. There are a mix of uses proposed consisting of retail, office and variety of residential options; the proposed zoning for the single-family residential portion of the development is R-15 and the proposed zoning for the multi-family residential portion of the development is R-40. The existing C-G zoning was previously approved for this site and is proposed to consist of multi- family residential, commercial retail and office uses. Future uses should be of the “community serving” variety as noted above. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed single- and multi-family dwellings in the form of detached and attached (townhome) units, apartments and vertically integrated will contribute to the range of housing opportunities available in the City. Staff is unaware of how “affordable” homes/units in this development will be. EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 8  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) There are several direct accesses proposed to adjacent collector and arterial streets within the commercial and multi-family sections of the development. Because the UDC (11-3A-3) also restricts access to these streets, Council approval of these accesses is required.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11-3G-3E and within the street buffers along E. Fairview Avenue, N. Locust Grove Road, E. State Avenue, N. Webb Way, and E. Pine Avenue in accord with the standards listed in UDC 11-3B-7C.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The variety of housing options proposed with this development will be in close proximity to nearby employment and shopping centers at Eagle/Fairview, Eagle/Ustick and Eagle/Franklin; the medical school proposed southwest of the site at Locust Grove/Central Drive; and, St. Luke’s hospital and medical center south of Franklin and east of Eagle Road.  “Provide plazas and public areas and integrate them as destinations that provide places for recreation, social gathering, and civic activities.” (4.04.01C) Plazas and public gathering areas should be provided with this development in commercial areas accordingly.  “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed development provides for diverse housing types consisting of single-family detached homes, attached townhomes, multi-family apartments and vertically integrated live/work units which will provided choices between ownership and rental dwelling units.  “Require common area in all subdivisions.” (3.07.02F) The UDC requires common open space to be provided for single-family and multi-family developments as set forth in UDC 11-3G-3 and 11-4-3-27 respectively.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” The proposed multi-family portions of the development are located within walking distance of Old Town, adjacent to a segment of the City’s multi-use pathway system that provides recreational access along the Jackson Drain open space corridor and is near major access thoroughfares (i.e. E. Fairview Ave., N. Locust Grove Rd., and E. Pine Ave.).  “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) Segments of the City’s regional pathway system are proposed through this site east/west along the north side of the Jackson Drain and north/south along N. Webb Way, a future EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 9 collector street, between Pine and Fairview Avenue in accord with the Pathways Master Plan. This pathway is intended to eventually provide connections to pathways in adjacent cities.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The regional pathway proposed along the north side of the Jackson Drain stubs to the east and west; and north/south between Pine and Fairview will link developments together and promote neighborhood interconnectivity.  “Diversify and balance the location of up to 1,200 square foot housing throughout the City (e.g. avoid concentration of one housing type in a geographical area). (3.07.01N) The proposed diversity in housing types will prevent the concentration of one type of housing in this area.  “Improve and protect creeks (Fivemile, Eightmile, Ninemile, Tenmile, South Slough, and Jackson and Evans drainage) throughout commercial, industrial and residential areas.” The Jackson Drain runs east/west through this site and should remain open and be improved and protected with development.  “Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern.” (5.01.01E) The Jackson Drain, which runs east/west through this site, is required to remain open and not be piped. Staff recommends wrought iron fencing is required adjacent to the creek to preserve public safety and views of the waterway.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed mixed use development should provide a wide variety of commercial and retail opportunities for area residents.  “Locate high density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) Multi-family apartments are proposed adjacent to a linear open space corridor where the Jackson Drain and a segment of the City’s multi-use pathway is located and in close proximity to E. Fairview Ave. and E. Pine Ave., both major access thoroughfares.  “Encourage high tech, research, pharmaceutical firms and high-quality research facilities. (4.01.01F). The proposed commercial/office development should allow for businesses of this type in the area of the City designated as The Core. The proposed residential uses should provide nearby housing for employees of these facilities.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) With this development, E. State Street will be extended as a collector street from the east to the west boundary to Locust Grove Road. A collector street is proposed to provide a connection between E. Fairview and E. Pine Avenue. A local stub street is proposed at the north end of the site to the west boundary for eventual connection to E. Wilson Lane (there is a parcel with an existing structure on it that prevents the street from connecting). EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 10 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated (UDC 11-2A-1). The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 and R-40 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached and townhome dwellings are principally permitted uses; and vertically integrated residential is a conditional use in the R-15 zoning district; multi-family developments are a conditional use in the proposed R-40 zoning district. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Retail, restaurants, personal and professional services (including offices) are all principally permitted uses; and multi-family is a conditional use in the C-G zoning district. (See Table 11-2B-2 for other uses.) C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 and 11-2B-3 for the R-15, R-40 and C-G zoning districts respectively. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C, Street Buffer Landscaping; 11-3A-17, parkways; and, 11-3G-3E, common open space areas. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family detached, townhomes, multi-family dwellings and vertically integrated residential; and, 11-3C-6B for non-residential uses. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Development Agreement (DA) Modification: The applicant has applied for a modification to the existing development agreement (Inst. #108022893) for Pinebridge to update the conceptual development for the site and update the text of the agreement in accord with the proposed plan. The previous development plan for the site that is proposed to be modified consisted of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus and included the 50+/- acre property that is now the Scentsy Commons Campus to the east (see Exhibit A.2). A subsequent amendment removed the EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 11 Scentsy property from the agreement. Since the time this property was annexed, Pine Avenue has been extended between Locust Grove and Eagle Road; a roundabout has been constructed at the intersection of E. Pine Ave. and N. Webb Ave.; infrastructure has been completed to support the Scentsy Commons and PKG Campuses. Conceptual Development Plan: The proposed conceptual development plan included in Exhibit A.2 is a refinement of the plan approved 10 years ago with the Pinebridge development. It includes commercial components for office and retail and a variety of residential housing types. The concept plan depicts commercial uses along adjacent arterial streets (i.e. Fairview, Locust Grove and Pine); high density residential (480+/- units) along the east side of Webb, north of E. State Avenue on the north end of the site and west of Webb between State and Pine; and medium density residential (detached homes, attached townhomes, vertically integrated) (353+/) units internal to the development north of E. State Avenue on the west side of N. Webb Way. Streets, alleys and internal driveways are depicted for circulation within the development and access to the proposed dwelling units and commercial uses; parking is also depicted for the proposed commercial and multi-family residential uses. Conceptual building elevations were also submitted for commercial, townhome and single- family detached homes proposed within the development along with floor plans for the single-family detached homes and attached townhomes (see Exhibit A.5). As discussed above in Section VII, staff is recommending the conceptual development plan is revised to reflect commercial uses instead of multi-family residential in the area west of Webb between State and Pine to mirror that on the east side of W. Webb Ave. The multi-family units may be relocated to the area north of the Jackson Drain adjacent to the other multi-family units; or, they may be removed entirely. Additionally, due to the narrow width of Lots 2-20, Block 10 (24’) where townhomes are proposed without alley access, staff is concerned that the appearance of these units will be almost completely garage dominated with very little greenspace (up to 4’) resulting from a minimum garage/parking pad width of 20 feet and no room for on-street parking with 20-foot wide driveways for each lot. The same is true for Lots 2-22, Block 19 which are even narrower at 20-feet wide, except there will be no room for on-street parking as the driveways will encompass the entire width of the lots. Therefore, staff recommends the aforementioned lots in Blocks 10 and 19 are widened to allow for single-family detached homes. Additionally, because no on-street parking is allowed along W. Webb Way, the alley accessed townhomes in Block 18 will not have any on- street parking. Therefore, Staff recommends a parking area is provided for guest parking similar to that for Blocks 6 and 10. Staff recommends the concept plan is revised to incorporate these changes and other changes that affect the site design as recommended by Staff in Exhibit A.6 prior to the City Council meeting. The proposed and recommended modifications to the concept plan will provide for a greater variety of housing types in this area which will assist in supporting the proposed commercial retail and office uses, as well as provide employment opportunities for existing and new residents in the nearby vicinity. The recommended modifications will also make the plan more in line with the vision and purpose of The Core as discussed above. Note: The proposed vertically integrated residential project and multi-family development will require conditional use approval prior to development. EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 12 2. Annexation & Zoning The applicant has applied for annexation and zoning of 0.07 of an acre of land with an R-15 (medium high-density residential) (0.01 of an acre) and C-G (general retail and service commercial) (0.06 of an acre) zoning district, consistent with the MU-C FLUM designation. The land proposed to be annexed is at the corner of a parcel and is proposed to be dedicated as right-of-way (ROW) for the extension of E. State Avenue; the remainder of the parcel is not required to be included in the annexation application. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Because there is already a development agreement in place for the proposed development, staff recommends the legal description included in the DA is amended to include the subject property. 3. Rezone The applicant requests a rezone of 46.55 acres of land from the C-G (general retail and service commercial) to the R-15 (medium high-density residential) zoning district. A legal description is included in Exhibit C that shows the boundaries of the property proposed to be rezoned. The proposed rezone will allow the development of single-family residential uses, which will contribute to the mix of uses desired within MU-C designated areas such as this. Because development of this property is governed by the existing DA, which is proposed to be modified as part of this application, a new DA is not recommended as a provision of the rezone. 4. Preliminary Plat The proposed plat depicts a total of 510 364 building lots consisting of 233 single-family, 84 multi-family and 47 commercial lots, and 50 common lots on 119.69 119.77 acres of land consisting of 108 mixed use (28 commercial and 80 multi-family residential) building lots and 28 mixed use common lots on 68.12 acres of land in the R-15, R-40 and C-G districts.; and 353 single-family residential building lots consisting of 175 single-family detached lots, 138 single-family attached townhome lots, 40 attached live/work lots and 21 residential common lots on 46.55 acres of land in the R-15 zoning district. Per the phasing plan included in Exhibit A.3, the subdivision is proposed to develop in 13 14 phases beginning with the single-family residential portions. Proposed lots in the R-15 district for single-family residential uses start at range in size from 2,000 2,200 square feet (s.f.) to just over 4,000 s.f. with an average lot size of 3,246 s.f. with lot dimensions of 20- to 35-feet wide by 100- to 125-feet deep. Existing Structures: There are several existing structures depicted on the plat that are proposed to be removed. Removal of these structures should take place prior to signature on the final plat by the City Engineer for the phase in which they are located. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3B and 11-2A-7 for the R-15 district; 11-2B-3 for the C-G zoning district; and the subdivision design and improvement standards listed in UDC 11-6C-3. EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 13 The maximum block face length allowed in residential districts is 750 feet without an intersecting street or alley. Where a pedestrian connection is provided, the maximum block face may extend up to 1,000 feet in length. City Council may approve a block face up to 1,200 feet in length where block design is constrained by site conditions such as a large waterway and/or a large irrigation facility. Staff has reviewed the proposed block lengths and they’re all in compliance with and found that Block 10 that lies on the south side of the Jackson Drain, exceeds the maximum length standard. Council approval for the block length to extend up to 1,200 feet in length is required because the block design is constrained by the adjacent waterway. However, the block length currently measures approximately 1,540 feet which exceeds the most length that Council is able to approve; therefore, the plan will need to be revised to at least meet the maximum block face length of 1,200 feet if allowed by Council. Traffic Impact Study (TIS)/Street Improvements: A TIS was prepared for the previous development plan in 2007, which consisted of 550,000 s.f. of commercial space, 1,800,000 s.f. of office space, and 850 townhomes. It was estimated to generate 37,270 trips per day with 3,880 occurring in the PM peak hour. Part of this project was constructed – the Scentsy campus, located to the east on the west side of N. Eagle Road. An updated Traffic Impact Study (TIS) was prepared for the proposed development by Thompson Engineers which anticipated 229 single-family dwellings, 480 apartments, 108 townhomes, 96,000 s.f. of retail space and 417,000 s.f. of office space. It’s estimated to generate 3,199 new trips per day, of which 1,038 trips will occur during the AM peak hour and 1,325 trips will occur during the PM peak hour. The TIS determined that the proposed development will generate less traffic that the current approved development plan. See the TIS for more detailed information. Based on the traffic study, ACHD is requiring the construction of a dedicated right turn lane on Locust Grove Road at State Avenue to be constructed when State is constructed and intersections Locust Grove. See ACHD’s required improvements in Exhibit B.7. Streets: All streets within this development are proposed to be public. North Webb Way is proposed to be extended as an industrial collector street north of E. Pine Ave. to E. Fairview Ave; no on-street parking is allowed. North Webb Way south of Pine is fully improved. East State Ave. is also proposed to be extended as an industrial collector street from the east boundary to the west boundary of the site to N. Locust Grove Road; a 14-foot wide parking area is proposed along portions of the north side of the street with an attached 7-foot wide sidewalk. ACHD is requiring additional right-of-way (ROW) to be dedicated so that the parking and sidewalk is within the ROW. The UDC (11-3A-17C) requires minimum 5-foot wide detached sidewalks to be constructed along all collector streets; therefore, the plans should be revised accordingly. Internal local streets within the development are required by ACHD to be minimum 33-foot wide street sections with rolled curb, gutter and 5-foot wide attached sidewalks within 47 feet of ROW to allow parking on both sides of the streets. Staff supports the increased width as it allows for more on-street parking which is greatly needed with this development due to the small lots sizes and lack of visitor parking. The plat has been revised to reflect compliance with this requirement. North Machine Avenue is required to be extended as proposed at the southeast corner of the site to Pine Ave. consistent with ACHD’s prior action on Pinebridge and Scentsy Commons EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 14 Subdivisions. North Nola Avenue is depicted in error within building lots in Block 6 and needs to be removed from the plat. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 unless otherwise waived by City Council. Where access via a local street is available, access should be taken via the local street; where access to a local street is not available, the property owner is required to grant cross-access/ingress-egress easements to adjoining properties. There are several driveway accesses via the proposed collector streets for the multi- family and commercial portions of the development that do not have access via a local street; ACHD has approved these accesses. Council should approve a waiver for these accesses if they deem appropriate; or, should restrict access as deemed appropriate in accord with UDC 11-3A-3. Driveways generally align with driveways on the other sides of the streets to reduce traffic conflicts. A stub street (E. Wilson St.) is proposed at the north end of the development to the west; a Fire Department approved temporary turn-around is required at the terminus because the stub street exceeds 150 feet in length. Staff recommends a driveway stub is provided on the northern portion of the property within the commercial area at the east property boundary to Parcel #R7104250004 owned by Cortabitarte’s for future cross-access and interconnectivity with adjacent parcels to the east. An alley is depicted on the north side of the multi-family development to the east boundary; this should not be extended past the driveway to the multi-family development. No other stub streets/driveways are proposed or recommended to the east as the adjacent property is zoned I-L (Light Industrial) and mostly developed with industrial uses consisting of trucking and wholesale uses that have access via N. Hickory Ave. Alleys: All alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. Alleys are proposed for access to the lots in Blocks 6, 8, 11-12, and 16-18. Alleys are required to be designed so that the entire length is visible from a public street. The alley that provides access for the lots in Block 16 is not visible from a public street; ACHD required a loop alley for access to these lots from N. Meadowglen Ave.; the site plan should be reconfigured to comply with the aforementioned UDC standard and ACHD’s requirements. The street section for alleys shown on Sheet PP-02 of the plat complies with the required standards. The entrance to the alley from the public streets shall provide a minimum 28’ inside and 48’ outside turning radius. No parking is allowed on either side of the alley within 50’ of the alley entrance as measured from the centerline of the alley. Driveways: All driveway openings in curbs shall comply with the requirements of ACHD, per UDC 11-6C-3C. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. A common driveway is proposed on Lot 9 for access to Lots 5-8, Block 11. If Lot 10 isn’t using the driveway for access, the driveway on that lot should be located on the opposite site of the shared property line with the common driveway. Parking: Off-street parking is required to be provided for single-family detached, attached townhomes, multi-family and vertically integrated residential as set forth in UDC Table 11- 3C-6 and for non-residential uses as set forth in UDC 11-3C-6B. EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 15 Parking for the multi-family portions of the development will be reviewed with the conditional use permit application(s). Parking for the commercial portions of the development will be reviewed at the time of Certificate of Zoning Compliance. Bicycle parking is required to be provided for multi-family and non-residential uses per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C and will be reviewed with the Conditional Use Permit and/or Certificate of Zoning Compliance as applicable. On-street parking is prohibited along W. Webb Way and restricted to certain areas along the north side of E. State Ave. where additional right-of-way is proposed for such. Parking is allowed along internal local streets; however, with the width (i.e. 34-40’) of the lots proposed for single-family detached homes with 20-foot wide driveways, not alot is left for parking. Some off-street spaces are provided for guest parking within Blocks 6, 8 and 10 where the townhomes and live/work units are proposed which will help. There is also off-street parking proposed within the common areas in Blocks 7 and 10 where the swimming pool and sports courts are located which will serve those uses but may also be available for overflow parking. Staff recommends an off-street parking area is provided for Block 18 which has no on- street parking. Lighting: Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. Staff recommends pedestrian lighting is provided along the multi-use pathway within the common area adjacent to the Jackson Drain. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B and 11-3G-3E. A conceptual landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A minimum 10-foot wide street buffer is required adjacent to all local streets within the development on land zoned C-G; a minimum 20-foot wide street buffer is required adjacent to all collector streets within the development; and a minimum 25-foot wide buffer is required adjacent to all arterial streets within the development in a common lot or dedicated buffer as set forth in UDC Table 11-2B-3. In residential districts, the buffer is required to be in a common lot owned and maintained by the Homeowner’s Association; in commercial districts the buffer may be in a common lot or in a permanent dedicated buffer, maintained by the property owner or business owner’s association per UDC 11-3B-7C.2. Landscaping is required along all pathways as set forth in UDC 11-3B-12C. Open Space/Site Amenities: Single-family/townhouse developments over 5 acres in size in residential districts are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3. Based on the R-15 zoned area (46.55 31.24 acres) where single-family detached/townhomes are proposed and the R-40 zoned area (27.48 acres) where multi-family residential units are proposed, a minimum of 10% (or 4.66 5.87 acres) qualified open space and 2 qualified site amenities are required to be provided within that portion of the development. The applicant proposes a total of approximately 12.5% (or 4.667.37acres) of qualified open space consisting of internal common area, linear open space along the Jackson Drain, and street buffers along collector streets in accord with UDC standards as shown in Exhibit A.4. Qualified site amenities for the residential neighborhood consist of a swimming pool and cabana, sports and tennis courts, tot lots/play areas for children and segments of the City’s 10-foot wide multi-use pathway system along the Jackson Drain and along Webb Ave. in accord with UDC standards. EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 16 Additional common open space & site amenities will be required with the multi-family portion of the development per UDC 11-4-3-27C & D and will be reviewed with the conditional use permit application. Parkways: Parkways are required t be constructed and landscaped in accord with the standards listed in UDC 11-3A-17E. Six-foot wide parkways are proposed adjacent to 40- and 56-foot wide street sections and along one side of the 40- foot wide street section with parallel parking on one side of the street. If trees are proposed within parkways that are less than 8 feet in width, root barriers are required per the standards listed in UDC 11-3A-17E. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement as set forth in UDC 11-3B-10C.5. Mitigation requirements are listed on the landscape plan based on the applicant’s meeting with the City Arborist. A total of 12 trees are proposed to be removed from the site with development totaling 132 caliper inches that require mitigation. Pathways: Per the Pathways Master Plan, a segment of the City’s 10-foot wide multi-use pathway system is planned north/south through this site from Pine to Fairview Avenue and east/west along the north side of the Jackson Drain. A multi-use pathway is proposed along the north side of E. Pine Avenue to N. Webb Way and then north along the east side of Webb to Fairview Avenue and then to the east; another segment of the pathway is proposed along the north side of the Jackson Drain from the east to the west boundary of the site in accord with the Pathways Master Plan. A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathways on this site unless the pathway will be placed in the dedicated right-of-way, in which case it should be covered under a pedestrian easement with ACHD. The easement should be submitted prior to City Engineer signature on the final plat for the phase in which it is located. Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. Pedestrian connections meeting this requirement shall also be provided across N. Webb Way where the swimming pool and sports courts are located as well as where the multi-use pathway crosses the collector street. A HAWK signal shall be provided where the multi-use pathway crosses N. Webb Way if allowed by ACHD. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all arterial and collector streets; minimum 5-foot wide attached (or detached) sidewalks are required along all local streets within the development. Where segments of the City’s multi-use pathway are required, the sidewalk/pathway shall be widened to a minimum 10 feet in width. Detached sidewalks are proposed along all internal streets except for the 40-foot wide street section with parking on one side of the street (E. State Ave.) and the 47-foot wide street sections (internal local streets). Signage: A subdivision identification sign is proposed within the roundabout at the Pine/Webb intersection. A separate sign permit is required for this sign and cannot be approved with the subject application. A sign within the right-of-way will require approval from ACHD through a license agreement. EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 17 Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Waterways: The Jackson Drain and Settlers Canal run east/west through this site. The Jackson Drain is a natural waterway and should be protected during construction and remain open as a natural amenity and not be piped or otherwise covered. The Settlers Canal is proposed to be relocated and piped with development. Smaller irrigation ditches are proposed to be relocated and/or piped. Floodplain: This site is not within the floodplain. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. No fencing details are shown on the proposed conceptual landscape plan. A fencing plan should be submitted with each final plat phase of development. Staff recommends wrought iron fencing is constructed along the Jackson Drain to protect public safety unless the applicant can demonstrate to the satisfaction of City Council that public safety can be preserved without the addition of a fence. Building Elevations: The applicant has submitted conceptual building elevation examples for the single-family detached and attached (2 to 3-story townhomes) residential units, live/work units and commercial buildings proposed within this development. The applicant’s narrative states that the architectural style for the townhomes will be varied from traditional to modern and contemporary to meet the requirements of the market (see Exhibit A.5). Staff is concerned that the concept elevations submitted for single-family homes won’t actually fit on the narrow lots proposed in this development. To address this concern, the applicant has submitted floor plans for attached & detached homes that coincide with the lot sizes proposed; elevations of structures that actually fit on the lots were not submitted but the applicant states they will incorporate the architectural styles in the submitted concept elevations. Because attached dwelling units require design review approval, staff is amenable to seeing the detailed plans at that time. If Commission or Council is concerned about the future design of the detached homes, the applicant should be required to submit more detailed elevations; or, require the development agreement to be amended in the future to include new elevations for those lots as detached homes don’t require review or compliance with the Architectural Standards Manual. No elevations were submitted for the multi-family structures. Because the portion of the site where the apartments are located is not being annexed or rezoned and because a conditional use permit (CUP) is required for the proposed use, staff did not require building elevations to be submitted at this time since they will be reviewed with a future CUP application and required to comply with the standards set forth in the Architectural Standards Manual (ASM). Because the rear and/or sides of 2-story homes constructed on lots that abut the future collector streets (N. Webb Way and E. State Ave.) will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material EXHIBIT A Pine 43 – MDA, AZ, RZ, PP H-2017-0058 PAGE 18 types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required to be submitted for all structures on the site except for single-family residential detached as set forth in UDC 11-5B-1. The application shall be submitted and approved by the Planning Division prior to submittal of an application for a building permit. Design Review: All structures on the site except for single-family residential detached are required to comply with the design standards listed in the Architectural Standards Manual. A Design Review application is required to be submitted concurrently with the Certificate of Zoning Compliance application. In summary, Staff recommends approval of the proposed development agreement modification, annexation, rezone and preliminary plat requests for this site with the modified development agreement provisions and conditions listed in Exhibit A. 6 and Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Conceptual Development Plan (REVISED) 3. Proposed Preliminary Plat (dated: 8/10/17) & Phasing Plan (REVISED 8/28/17) 4. Proposed Landscape Plan & Qualified Open Space Exhibit (REVISED) 5. Conceptual Building Elevations & Floor Plans 6. Proposed Changes to Development Agreement B. Agency & Department Comments/Conditions C. Legal Description for Annexation and Rezone Boundaries & Exhibit Map (REVISED) D. Required Findings from Unified Development Code EXHIBIT A - 2 - Exhibit A.1: Vicinity/Zoning Map EXHIBIT A - 3 - Exhibit A.2: Existing & Proposed Conceptual Development Plan EXISTING CONCEPT PLAN EXHIBIT A - 4 - PROPOSED CONCEPT PLAN (REVISED) EXHIBIT A - 5 - Exhibit A.3: Proposed Preliminary Plat (REVISED 8/28/17) & Phasing Plan EXHIBIT A - 6 - EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT A - 10 - EXHIBIT A - 11 - Exhibit A.4: Proposed Landscape Plan (REVISED) & Qualified Open Space Exhibit (REVISED) EXHIBIT A - 12 - EXHIBIT A - 13 - EXHIBIT A - 14 - EXHIBIT A - 15 - EXHIBIT A - 16 - Exhibit A.5: Conceptual Building Elevations & Floor Plans Architectural Range of Styles (Residential) EXHIBIT A - 17 - Conceptual Floor Plans for Detached Units in R-15 Zone EXHIBIT A - 18 - Conceptual EXHIBIT A - 19 - EXHIBIT A - 20 - EXHIBIT A - 21 - Exhibit A.6: Proposed Changes to Development Agreement 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 which are herein specified as follows: Construction and development of 61 building lots and 21 common lots on 170 +/- acres in the proposed C-G zone pertinent to the AZ-07-006 and RZ-07-010 applications. 510 414 lots on 119.69 119.77 acres of land consisting of 108 47 mixed use (28 commercial and 80 multi-family residential) building lots & 28 24 mixed use common lots on 73.21 61.05 acres of land in the C-G district; and 353 317 residential building lots consisting containing of 175 233 single-family detached, 138 single-family attached and 40 attached live/work residential units on 31.24 acres of land in the R-15 zoning district consisting of 123 single-family detached units and 110 attached townhome units (19 of which may incorporate vertically integrated uses), 504 multi-family residential units on 27.48 acres of land in the R-40 zoning district and 24 26 residential common lots on 46.56 acres of land in the R-15 zoning district. Staff recommends the following modifications to the Applicant’s request: Construction and development of 510 364 building lots [consisting of 233 single-family lots (123 detached lots, 91 attached townhome lots, and 19 live/work lots), 84 multi-family and 47 commercial lots) and 50 common lots on 119.69119.77 acres of land consisting of 108 mixed use (28 commercial and 80 multi-family residential) building lots & 28 mixed use common lots on 73.2114 acres of land in the R-15, R-40 and C-G zoning districts; and 353 residential building lots consisting of 175 single- family detached, 138 single-family attached and 40 attached live/work & 2421 residential common lots on 46.5556 acres of land in the R-15 zoning district. Reason: The numbers noted were incorrect and the plans have been revised based on the Commission’s recommendation. Note: These numbers will likely change with revisions requested by Staff in Exhibit B and need to be updated after submittal of a revised plan. Updated per the revised plan: Construction and development of 47 mixed use building lots on 61.05 acres of land in the C-G district; and 317 residential building lots containing 233 single-family residential units consisting of 123 single-family detached units and 110 attached townhome units (19 of which may incorporate vertically integrated uses) on 31.24 acres of land in the R-15 zoning district, and 504 multi-family residential units on 27.48 acres of land in the R-40 zoning district on 119.77 acres of land. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below; attached herein and incorporated as EXHIBIT A1; the conceptual site plan depicts the general nature and relative location of certain components for development of the property and it is the intent of this EXHIBIT A - 22 - Development Agreement to allow sufficient flexibility at the time of detailed planning and subdividing to allow adjustments to building size and location(s) and site plan while still maintaining the general intent of the conceptual plan and provisions of the Development Agreement as determined by the Planning Director. Area B shown on the conceptual plan and designated as High Density Multi-Family Residential in the R-40 Zone shall be allowed the above stated flexibility in its final design and site plan to accommodate a variety of designs that may include traditional apartments, a possible component of senior housing apartments and high density attached residential units and/or assisted living uses as allowed in the R-40 Zone. The development of Area B as stated is required to obtain a Conditional Use Permit for the final design and development; and as such Conditional Use Permit will guide the final site plan and development; and flexibility shall be allowed for the final site plan and the variety of the types of high density residential designs without requiring a modification to the Development Agreement, as determined by the Director. The conceptual elevations contained herein show a broad range of architectural styles for the residential portions of the PINE43 project, including traditional, modern/contemporary and urban styles which may include bungalow/craftsman, prairie, urban/modern and contemporary designs. The maximum building height in the R-15 Zone is 40.00 feet and shall allow the construction of three story residential units, both attached and detached. Commercial uses may be incorporated into the Live/work units as allowed Vertically Integrated Uses. The attached Townhouse and Live/Work categories shall also be allowed to incorporate residential units above the garages as residential studio apartments to provide additional residential housing within PINE43. Similarly commercial buildings may incorporate a wide range of architectural styles that range from traditional to modern designs. Elevations submitted with the subject application and the concepts outlined below. 2. Pine Street shall be extended to Locust Grove prior to issuance of any Certificate of Occupancy for buildings that would require access to Pine Avenue. Pine Avenue and roundabout shall be landscaped in accordance with the plan; and the Pine43 logo and signage will be allowed within the roundabout to identify the project and Pine43 community, prior to issuance of Certificate of Occupancy permits. Staff recommends the following modifications to the Applicant’s request: Pine Avenue and roundabout shall be landscaped in accordance with the plan; and the Pine43 logo and signage will be allowed within the roundabout to identify the project and Pine43 community, prior to issuance of Certificate of Occupancy permits. All signage is required to obtain a separate sign permit; a license agreement with ACHD will be required for the sign within the right-of-way. Reason: Staff wants it to be clear that the sign is NOT approved with this application and requires separate permits. 3. Where there are existing utilities and where the surrounding public roads are fixed, the developer shall be allowed up to 7 4 occupancy permits prior to final plat recordation. The Planning Director and the Development Services Manager of the City of Meridian may consider allowing additional occupancy permits (not to exceed 13) if the administration of the previous 7 seems to be efficient and in the City’s best interest. Staff recommends the following modifications to the Applicant’s request: EXHIBIT A - 23 - Where there are existing utilities and where the surrounding public roads are fixed, the developer shall be allowed up to 4 occupancy permits on the commercial portions of the development that are deemed to be an original parcel of record as defined by UDC 11 -1A-1, prior to final plat recordation. Reason: There are 10 original parcels of record on this site which would otherwise be allowed building permits if a plat wasn’t proposed. Services are available to be extended to the commercial lots abutting the adjacent arterial streets without construction of infrastructure associated with the subdivision. 4. The following concepts shall be employed in the development of the property: a. General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07 General building locations, Round-About and landscape shall be constructed as generally depicted on the conceptual plan and landscape plan incorporated herein as EXHIBITS A1 A.2 and A.4. Staff recommends the following modifications to the Applicant’s request: General building locations, Round-About and landscape shall be constructed as generally depicted on the conceptual plan and landscape plan incorporated herein as EXHIBITS A1 A.2 and A.4. b. Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. Pedestrian connections meeting this requirement shall also be provided across N. Webb Way where the swimming pool and sports courts are located as well as where the multi-use pathway crosses the collector street. A HAWK signal shall be provided where the multi-use pathway crosses N. Webb Way if allowed by ACHD. c. Structures shall be built adjacent to roadways with a majority of the parking to the rear and sides of the structures. Not to preclude the commercial buildings from having a front door presence along arterial roadways and in accordance with the attached site plan incorporated herein as EXHIBIT A.2. d. Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. that include pathway connections, landscaped areas for gathering the community, residential amenities that include swimming pools, tennis and sports courts and tot lots and open play areas. e. Structures should be oriented toward each other or the adjacent street(s) if there is no parking in the front of the building; f. Windows, awnings, or arcades totaling at least 30% of the length of the façade should be provided for facades that are viewable from other structures; g. Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; h. Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials – smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. i. The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; EXHIBIT A - 24 - j. Rooflines shall demonstrate 2two or more of the following: overhanging eaves, sloped or flat roofs designs are allowed with two or more roof planes, varying parapet heights, and cornices; Staff recommends the following modification to the Applicant’s request: Rooflines shall demonstrate two (2) or more of the following: overhanging eaves, sloped roofs with two or more roof planes, flat roofs with varying parapet heights, or cornices. or flat roof designs are allowed with two or more roof planes or varying parapet heights, and cornices; k. The primary building entrances shall be clearly defined by the architectural design of the building. l. A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. Staff recommends the following additional provisions are added to the agreement based on the proposed development plan: 5. The Jackson Drain shall remain open as a natural amenity and not be piped or otherwise covered; and shall be improved and protected with development. A 6-foot tall wrought iron fence shall be constructed along the drain to preserve public safety. 6. Non-residentia l buildings should be proportional to and blend in with adjacent residential buildings. 7. Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size shall be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square-foot building footprint. For the development of public school sites, the maximum building size does not apply. The structure shown at the southwest corner of the site with a footprint of approximately 36,000 square feet is not approved unless it is one of the aforementioned uses; or, where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. 8. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries , and school s that compris e a minimu m of 5 % o f the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. 9. In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings shall be arranged to create some form of common, usable area, such as plaza or green space. 10. Community serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities should be provided within the development. 11. Because the rear and/or sides of 2-story homes constructed on lots that abut the future collector streets (N. Webb Way and E. State Ave.) will be highly visible, these elevations shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. 12. The proposed vertically integrated residential project in the R-15 zoning district and multi-family EXHIBIT A - 25 - development in the C-G R-40 zoning district will require conditional use approval prior to development, as set forth in UDC Tables 11-2A-2 and 11-2B-2 respectively. AN AMENDED LEGAL DESCRIPTION IS REQUIRED TO BE SUBMITTED TO INCLUDE THE ANNEXATION AREA IN THE BOUNDARY OF THE PRELIMINARY PLAT LEGAL DESCRIPTION OF THE PROPERTY SUBJECT TO THE DEVELOPMENT AGREEMENT EXHIBIT A - 26 - EXHIBIT A - 27 - EXHIBIT A - 28 - EXHIBIT A - 29 - EXHIBIT A - 30 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.3, dated 8/28/2017, is approved subject to the following changes: a. The title of the 56.0’ street section depicted on Sheet PP-02 should be revised as follows: “Typical 56’ Street Section”. b. Street buffers are required as follows: a minimum 10-foot wide street buffer is required adjacent to all local streets in the C-G zoning district; a minimum 20-foot wide street buffer is required adjacent to all collector streets (i.e. W. Webb Way and E. State Ave.); and a minimum 25-foot wide buffer is required adjacent to all arterial streets (i.e. E. Pine Ave. and E. Fairview Ave.) within the development in a common lot or dedicated buffer as set forth in UDC Table 11-2B-3. In residential districts, the buffer is required to be in a common lot owned and maintained by the Homeowner’s Association; in commercial districts the buffer may be in a common lot or in a permanent dedicated buffer, maintained by the property owner or business owner’s association per UDC 11-3B-7C.2. Correct the scale on Sheet PP-01 of the plat (should be 1”=200’). c. Extend E. Drucker Drive and E. Jewel Street to the west property boundary so the alley that provides access to the lots in Block 16 complies with UDC 11-6C-3B.5e and is visible from a public street; or otherwise reconfigure this area to comply with UDC standards. d. Minimum 5-foot wide detached sidewalks are required along all collector (N. Webb Way and E. State Ave.) and arterial streets (E. Pine Ave. & E. Fairview Ave.) in accord with UDC 11-3A-17C. Except for where a multi-use pathway is required in which case the walkway shall be 10-feet wide. e. Reconfigure access to the lots in Block 13 so that the entire length of the alley is visible from a public street in accord with UDC 11-6C-3A.5e. f. Provide a driveway stub in the commercial area on the northern portion of the property at the east boundary to Parcel #R7104250004 (owned by Cortabitarte’s) for future cross-access and interconnectivity between the commercial area and adjacent parcels to the east. g. A Fire Department approved temporary turn-around is required at the west end of Wilson Lane because the stub street exceeds 150 feet in length. h. An off-street parking area shall be provided for the alley accessed townhomes in Block 18 15 that front on W. Webb Way similar to that proposed in Blocks 6 and 10. i. Remove the alley stub at the east boundary of the site on the north side of the multi-family development; the terminus of the driveway should be at the entry to the multi-family development. j. Block 10, that lies on the south side of the Jackson Drain, exceeds the maximum block face length allowed in residential districts of 750 feet without an intersecting street or alley. Council approval for the block length to extend up to 1,200 feet in length may be approved because the block design is constrained by the adjacent waterway (i.e. Jackson Drain). However, the maximum block face length that can be approved is 1,200 feet; therefore, that plat will need to be revised either way. 1.1.2 The landscape plan included in Exhibit A.4 is approved subject to the following changes: a. Depict wrought iron fencing along the Jackson Drain to protect public safety unless the applicant can demonstrate to City Council’s satisfaction that public safety can be preserved without the addition of a fence. b. Reflect the changes required to the preliminary plat above in condition #1.1.1. EXHIBIT A - 31 - c. Street buffer landscaping is required to be depicted as set forth in UDC Table 11-2B-3, as stated above in condition #1.1.1b, in accord with the standards listed in UDC 11-3B-7C. d. Depict fencing location and details in accord with the standards listed in UDC 11-3A-6B and 11-3A-7 if proposed. e. Depict a 10-foot wide sidewalk/multi-use pathway within the street buffers along E. Pine Avenue and N. Webb Way and along the north side of the Jackson Drain as required by the Park’s Department in accord with the Pathways Master Plan. f. If trees are proposed within parkways less than 8-feet in width, root barriers are required in accord with the standards listed in UDC 11-3A-17E. g. Depict pedestrian lighting along the multi-use pathway within the common area adjacent to the Jackson Drain; submit a detail for the lighting fixtures. 1.1.3 Common driveways are required to comply with the standards listed in UDC 11-6C-3D including, but not limited to the following: a. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. b. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.1.4 A minimum of 7.37 acres) of qualified open space is required to be provided within the R-15 and R-40 zoned portions of the development as proposed on the revised Open Space Exhibit included in Exhibit A.4. 1.1.5 The developer 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. 1.1.6 In accord with UDC 11-3A-3 which limits access points to collector and arterial streets, City Council approval of all or a portion of the driveways proposed via E. Pine Ave. and E. Fairview Avenue (both arterial streets); and N. Webb Way and E. State Ave. (both collector streets) is required. 1.1.7 Removal of existing structures shall take place prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.8 A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway on this site unless the pathway will be in the right-of-way in which case it should be covered under a pedestrian easement with ACHD. The easement shall be submitted prior to City Engineer signature on the final plat for the phase in which it is located. 1.1.9 Because the rear and/or sides of 2-story homes constructed on lots that abut the future collector streets (N. Webb Way and E. State Ave.) will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. 1.1.10 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for approval prior to submittal of building permits applications for all structures on the site except for single-family detached homes. All structures except for single-family detached homes shall comply with the standards listed in the Architectural Standards Manual. EXHIBIT A - 32 - 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15, R-40 and C-G zoning districts listed in UDC Tables 11-2A-7 and 11-2B-3, respectively. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single- family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11- 3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 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. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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. EXHIBIT A - 33 - 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 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 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 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. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included with each final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Several additional water and sewer main connections/easements are needed beyond those proposed in the conceptual engineering that was provided in the application, including but not limited to extensions to parcels R7104250004 (Cortabitarte), and R7104250007 (Food Service of America). There appears to be opportunities to eliminate dead ends and parallel water mains, and to that end, the applicant shall be required to coordinate water and sewer mainline sizing and routing with each phase of the development with Meridian Development Services. All existing mainline stubs must be used or abandoned at the main per the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public EXHIBIT A - 34 - Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features compl y with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. EXHIBIT A - 35 - 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department had no comments on this application. 4. FIRE DEPARTMENT 4.1 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.2 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.3 To increase emergency access to the site, a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. 4.4 ALLEY – In all cases, right of ways shall be a minimum of 20’ in width. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28’) inside and forty-eight foot (48’) outside turning EXHIBIT A - 36 - radius. No parking shall be allowed on either side of the street. The minimum distance for alley accessed properties shall be 20’ from the face of a garage to the property line. (International Fire Code Section 503.4) 4.5 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.6 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39-feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 4.7 A phasing plan with roadway and temporary roadways shown shall be provided to the Fire Official prior to construction. 4.8 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.9 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.10 A Fire Department approved temporary turn-around is required at the terminus of E. Wilson Street at the west boundary of the site because the stub street exceeds 150 feet in length. 5. REPUBLIC SERVICES 5.1 Submit details of the proposed trash enclosures along with a site plan showing the location of said enclosures for approval prior to submittal of a Certificate of Zoning Compliance application to the Planning Division. 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489- 0589 to confirm mitigation requirements for the site prior to removal of any trees. 6.2 Construct segments of the City’s multi-use pathway system on the site in accord with the Pathways Master Plan; coordinate the construction of the pathway with the Park’s Department. 6.3 A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathways on the site if they lie outside of ACHD’s right-of-way at the time of development applications for the applicable phase of development. Contact the City’s Pathways Project Manager for specific requirements and information at 208-888-3579. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate right-of-way to total 62-feet from the centerline of Fairview Avenue abutting the site. EXHIBIT A - 37 - 7.1.2 Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located a minimum of 55 -feet from the centerline of the roadway abutting the site. Provide a permanent right-of-way easement if the detached sidewalk is located outside of the dedicated right-of-way. 7.1.3 Repair or replace any broken or deteriorated curb, gutter, and sidewalk on Pine Avenue, Locust Grove Road, and Webb Avenue south of Pine abutting the site. 7.1.4 Construct a dedicated right turn lane on Locust Grove Road at State Avenue. The turn lane shall be constructed when State Avenue is constructed and intersects Locust Grove Road. 7.1.5 Construct Webb Avenue north of Pine Avenue as a 36-foot wide collector street section with vertical curb and gutter within 40-feet of right-of-way with a 6-foot wide planter strip and 5-foot wide detached concrete sidewalk located outside of the right-of-way on the west side of the roadway and a 10-foot wide detached concrete pathway on the east side of Webb Avenue. Install “NO PARKING” signs on both sides of Webb Avenue. If street trees are desired then 8-foot wide planter strips are required. Provide a permanent right-of-way easement if the detached sidewalks are located outside of the dedicated right-of- way. 7.1.6 Construct State Avenue as a 36-foot collector street section with vertical curb and gutter on the south side of the roadway within 40-feet of right-of-way. Construct a 6-foot wide planter strip and 5-foot wide detached concrete sidewalk outside of the right-of-way on the south side of State Avenue, as proposed. On the north side of State Avenue outside of the dedicated right-of-way, to construct a 14-foot wide parking area vertical curb, gutter, and a 7-foot wide attached concrete sidewalk, as proposed. If street trees are desired then 8-foot wide planter strips are required. Provide a permanent right-of-way easement if the sidewalks are located outside of the dedicated right-of-way. 7.1.7 Construct Nola Avenue north of State Avenue with two 20-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, and gutter within 56-feet of right-of-way, with a 6-foot wide planter strip and 5-foot wide detached concrete sidewalks located outside of the right-of-way, as proposed. Plat the center landscape island as right-of-way owned by ACHD. If street trees are desired then 8-foot wide planter strips are required. Provide a permanent right-of-way easement if the detached sidewalks are located outside of the dedicated right-of-way. 7.1.8 Construct Presidential Drive west of Webb Avenue two 20-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, and gutter within 56-feet of right-of-way, with a 6-foot wide planter strip and 5-foot wide detached concrete sidewalks located outside of the right-of-way, as proposed. Plat the center landscape island as right-of-way owned by ACHD. If street trees are desired then 8-foot wide planter strips are required. Provide a permanent right-of-way easement if the detached sidewalks are located outside of the dedicated right-of-way. 7.1.9 Construct the internal local streets as 33-foot street sections with rolled curb, gutter, and a 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. 7.1.10 Construct one knuckle at the Wingate/Winslow intersection, as proposed. 7.1.11 If the 6 off street parking stalls on Presidential Drive are to remain, then the parking stalls shall be located completely outside of the right-of-way and the curb, gutter, and sidewalk should wrap around the outside of the parking area. 7.1.12 Construct Machine Avenue as a 40-foot wide commercial street section with vertical curb, gutter, and a 5- foot wide concrete sidewalk within 54-feet of right-of-way. 7.1.13 Construct the following alleys as, 20-foot wide residential alleys within 20-feet of right-of-way, as proposed: • 2 north/south alleys, to run between Drucker Drive and Jewel Street. EXHIBIT A - 38 - • 1 east/west alley, to run between Summerbrook Avenue and Nola Avenue. • 1 east/west alley, to run between Wingate Avenue and a local street. 7.1.14 Construct connection segments of alleys as shown on page 16. 7.1.15 Construct Webb Avenue to intersect Fairview Avenue, 180-feet east of the west property line. 7.1.16 Construct State Avenue to intersect Locust Grove Road, 230-feet north of the south property line. 7.1.17 Construct the following streets to intersect Webb Avenue, north of Pine Avenue: • Wilson Street, located, 510-feet south of Fairview Avenue. • Jewel Street, located, 700-feet south of Fairview Avenue. • Drucker Drive, located, 1,220-feet south of Fairview Avenue. • Winslow Drive, east and west of Webb Avenue, located, 1,535-feet south of Fairview Avenue. • Presidential Street, east and west of Webb Avenue, located a, 2,015-feet south of Fairview Avenue. • State Avenue, east and west of Webb Avenue, located, 2,295-feet south of Fairview Avenue. 7.1.18 Construct the following streets to intersect State Avenue: • Summerbrook Avenue, located, 270-feet east of Locust Grove Road. • Nola Avenue, located, 600-feet east of Locust Grove Road. • Wingate Avenue, located, 150-feet west of the east property line. 7.1.19 Construct one stub street to the west, Wilson Street, located 510-feet south of Fairview Avenue. Install a sign at the terminus of Wilson Street which states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.20 Construct a temporary cul-de-sac turnaround at the terminus of Wilson Street. The turnaround should be paved, and be the same dimensional standards as a standard cul -de-sac turnaround. If the temporary cul- de-sac turnaround encroaches onto a building lot, then the entire lots should be encumbered by the easement and identified on the plat at a non-buildable lot. 7.1.21 Close the 8 existing driveways on Fairview Avenue with the construction of sidewalk, as proposed. 7.1.22 Construct one 34-foot wide right-in/right-out only driveway onto Fairview Avenue, located 450-feet east of the Webb Avenue. Install a 6” raised median to restrict the driveway to right-in/right-out only. The median should extend 75-feet beyond either side of the driveway. 7.1.23 Construct one 60-feet wide driveway onto Pine Avenue, with two 20-foot wide travel lanes and a center landscape island, located 460-feet east of Nola on the north side of Pine Avenue, as proposed. Construct the driveway as a curb return type driveway with a 30-foot radius. 7.1.24 Construct 4 driveways onto Webb Avenue north of Pine Avenue as curb return type driveway with a 30- foot radius, located as follows: • One 20-foot wide driveway on the west and one 30-foot wide driveway on the east side of Webb Avenue, located 320-feet south of Fairview Avenue.  One 55-foot wide driveway with two 20-foot wide travel lanes and a 15-foot wide center landscape island, located, 700-feet south of Fairview Avenue. This driveway is proposed to align centerline to centerline with Jewel Street on the west side of Webb Avenue. EXHIBIT A - 39 -  One 55-foot wide driveway with two 20-foot wide travel lanes and a 15-foot wide center landscape island, located, 1,220-feet south of Fairview Avenue. This driveway is proposed to align centerline to centerline with Drucker Drive on the west side of Webb Avenue. 7.1.25 Construct 5 driveways onto State Avenue as curb return type driveway with a 30-foot radius, located as follows: • One 30-foot wide driveway, located 270-feet east of Locust Grove Road. • One 36-foot wide driveway, located 620-feet east of Locust Grove Road. • One 30-foot wide driveway located 1,200-feet east of Locust Grove Road. • One 30-foot wide driveway, located 185-feet east of Webb Avenue. • One 30-foot wide driveway, located 785-feet east of Webb Avenue. 7.1.26 Construct one new driveway on Webb Avenue located 630-feet south of Pine Avenue. This driveway is restricted to a maximum width of 36-feet. 7.1.27 Construct one driveway on Machine Avenue located 385-feet south of Pine Avenue. This driveway is restricted to a maximum width of 36-feet. 7.1.28 Driveways onto Wilson Street and Summerbrook Avenue shall be located a minimum of 75-feet from the nearest intersection, and be restricted to a width of 36-feet. 7.1.29 Pave all of the driveways their full width at least 30-feet into the site beyond the edge of pavement of the adjacent roadway. 7.1.30 Other than the access specifically approved with this application, direct lot access is prohibited to Fairview Avenue, Pine Avenue, Locust Grove Road, Webb Avenue north of Pine, and State Avenue and should be noted on the final plat. 7.1.31 Payment of impacts fees are due prior to issuance of a building permit. 7.1.32 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. EXHIBIT A - 40 - 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission EXHIBIT A - 41 - C. Legal Description for Annexation & Rezone Boundaries & Exhibit Maps (REVISED) EXHIBIT A - 42 - EXHIBIT A - 43 - EXHIBIT A - 44 - EXHIBIT A - 45 - EXHIBIT A - 46 - EXHIBIT A - 47 - EXHIBIT A - 48 - EXHIBIT A - 49 - EXHIBIT A - 50 - EXHIBIT A - 51 - EXHIBIT A - 52 - EXHIBIT A - 53 - EXHIBIT A - 54 - EXHIBIT A - 55 - EXHIBIT A - 56 - EXHIBIT A - 57 - EXHIBIT A - 58 - EXHIBIT A - 59 - EXHIBIT A - 60 - EXHIBIT A - 61 - EXHIBIT A - 62 - D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 0.07 of an acre of land for the extension of E. State Ave. at the southwest corner of the site. The City Council finds the map amendment complies with the applicable provisions of the Comprehensive Plan. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 and R-40 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing the small portion of property (0.07 of an acre) at the southwest corner of the development for the extension of E. State Ave. is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in conformance with the Comprehensive plan if the site is developed in accord with the conditions of approval in Exhibit B. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. EXHIBIT A - 63 - d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7N PROJECT NUMBER: 10kyi11111111111114 Approval of Task Order # 10782.a for Design Services for S. Meridian - Linder Road Sewer Trunk to Keller Associated, Inc. for the Not -to -Exceed amount of $103,250.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GG: Jared Hale, Wanen Stewart Dale. 1112117 Re: November 8th City Council Meeting Agenda ltem The Purchasing Department respectfully requests that the following item be placed on the November 8th City Council Consent Agenda for Council's consideration. Approval of Task Qrder 10782.a for Desiqn services for S. Meridian - Linder Road Sewer Trunk to Keller Associates, lnc. for the Not-To-Exceed amount of $103,520.00 This Task Order is issued in conjunclion with the Master Agreement with Keller Associates, lnc. dated May 5,2017 . Recommended Council Action: Approval of Task Order 10782.a to Keller Associates, lnc. for the Not-To-Exceed amount of $103,520.00, and authorizing the Purchasing Manager to sign PO # 184103 for the same amount Thank you for your consideration . Page 1 Gity of Meridian Purchasing Dept. ?rVft IDIA Public IDAHO Works Department Moyor Tommy de Weerd Gllg Gc.rn.ll ll.nrb.t|. Chqrlie Rountree Ketth Btrd loe Borton Luhe Cquener Generir Milqm Dovld Zqrembo TO Keith Watts, Purchasing Manager FROM:Jared Hale Engineering Project Manager DATE: October 30,2017 souTrr LTNDER sEwER TRUNK (SOUTH MERTDTAN) DESTGN TASK ORDER WITH KELLER ASSOCIATES, INC., PURSUANT TO MASTER AGREEMENT DATED 5/5/17, FOR AN AMOUNT NOT TO EXCEED $103,520.00. SUBJECT: I. DEPARTMENTCONTACTPERSONS Jared Hale, Engineering Project Manager Clint Dolsby, Assistant City Engineer Warren Stewart, City Engineer Dale Bolthouse, Director of Public Works 489-0352 489-0341 489-03s0 985-12s7 II. DESCRIPTION A. Backeround The Engineering Division budgeted money in fiscal year 2018 for multiple sewer main extension and sewer main replacement projects. This sewer main extension project was named the "South Linder Sewer Trunk" project and is part of the South Meridian annexation agreements. B. Proposed Proiect This task order is for the design of South Linder Sewer Trunk project from a point south of the intersection of Overland Road and Linder Road to a point between Victory Road and Amity Road along Linder Road. The project includes approximately 930 feet of 15-inch gravity trunk sewer and 3,015 feet of 12-inch gravity trunk sewer with the downstream connection at manhole SSMH #3 from the Southridge Subdivision Phase 2 development. Page I of 2 III IMPACT A. Fiscal Impacts The enlancement associated with the project is the Sewer Main Etensions Enhancement which has a total value of $2,975,000.00. The design cost for this project is estimated to be $103,520.00. Projecl Costs; Fiscal Year 2018 Design-Sewer 'GLAccountCode 60-35 I Total 90-93505 $103,520.00 : $103,520:q0 ; $2875,000.00Total Funding Available i for Council Agenda: Page 2 of 2 Approved t/, 'rr TASK ORDER NO. 10782.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN ctw oF MERID|AN (Crn AND KELLER ASSOCTATES, tNC. (ENG|NEER) This Task Order is made this day of October, 2017 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter refened to as 'Clty', and accepted by Keller Associates, lnc., hereinafter referred to as "Engineed puGuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2C) between the above mentioned parties dated May 5, 2017. The Pro.lect Name for this task order is as follows: CITY OF MERTDIAN S. Meridian Linder Rd. Sewer Trunk - Design W The City intends to construct the extension of the Linder Trunk Sewer from a point south of the intersection of Ovedand Road and Linder Road to a point between Victory Road and Amity Road along Linder Road. The project includes approximately 930 feet of lSinch gravity trunk sewer and 3,015 fe€t of 12-inch gravity trunk sewer with the downstream connection at manhole SSMH #3 from the Southridge Subdivision Phase 2 development. This task order is for the design of this project; bidding and construction services are included in a separate task order. SECTION 2 - CITY PROVIDED INFORMATION. RESPONSIBILITIES. and ASSUMPTIONS 1 .1 Provide ongoing review of the work and timely consideration of policy issues at a time acceptable to both City and Engineer. 1.2 Provide access to relevant record drawings, master plans, base mapping in AutoCAD and other relevant information of record. 1.3 Assist in identifying properties requiring service connections Task Order 10782.4 S Meridian Linder Rd sewer Trunk Des(;n - Keller Associates KA#216107-001 Page '1 of 10 1. City lnformatlon and Responslbllitles: The following data and/or services are lo be provided by City without cost to Engineer. 1.4 Pay for all permits, fees, or other payments required to secure permittjng for construction of the proposed improvements. Provide electronic copy of available GIS mapping, including parcel data. Provide a project manager to serve as a liaison with other City departments and public agencies to facilitate project reviews and the approval process. 1.7 Provide electronic copies of the most current edition of the City of Meridian Standard Specmcations and Drawings for Conslruction. 1.8 Provide review and approval of all informational materials prepared by Engineer, including materials for dislribution to affected property owners. 1.9 Provide and prepare all bidding and contract documents required by the City Purchasing Department induding, but not limited to, advertisement for bids, bid forms, contracls/agreements, conditions of the contract, award, bonding and insurance requirements. Engineer will provide the bid schedule to the City for inclusion in the bidding and contract documents. 1.10 Provide a Qualified License Professional Engineering (QLPE) review and approval of the final dans (if desired). 1.11 Provide construction contract management, administration, licensed professional engineer (PE) or a Resident Project Representative (RPR) during construction. 2. Proiect Assumptions 2.1 No environmental investigations or permitling will be required. 2.2 All work will be within existing rightof-ways or easements. 2.3 Exacl locations of utilities are not known and may affect the alignment during construction. 2.4 There will be one bid package and a single bid process. 2.5 Engineer shall be entided to rely, without need for independent verffication, on the accuracy and completeness of information provided by City, City's consultants and contractors, information from public records, and information ordinarily or customarily fumished by others, including, but not limited to specialty contractors, manufacturers, suppliers, and publishers of technical standards. 2.6 Engineer's opinions of probable cost represenl Engineer's,iudgment as an experienced and qualified design professional- Since Engineer has no control over the cosl of labor, materials, equipment, or services furnished by others, or over the City's and other contractor's methods of determining prices, or over 1.5 1.6 Task order 10782.a S Meridian Linder Rd Sewer Trunk Design - Keller Associates KA#216107{01 Page 2 of 10 1.12 Provide appmximate sewer design flows and input on sei er depths and stub out locations. competitive bidding or market conditions, the Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable cost prepared by the Engineer. 2.7 Engineer shall not supervise, direct, or have control over Contracto/s work. Engineer shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in conneclion with the work of the Contractor. Contractor shall be solely responsible to fumish and perform its work in accordance with the Contract Documents. 2.8 Righfof-way (ROW) and parcel information will be referenced from the Ada County GIS base mapping. 2.9 2.',10 The disturbed area will likely be over one (1)acre in size and require a pro.iect specific Erosion and Sediment Control (ESC) plan and Stormwater Pollution Prevention Plan (SWPPP). 2.11 A preliminary engineering report (PER) will not be required pursuant to IDAPA 58.01.16.410.01 as the City has an approved Sewer Master Plan and will provide the QLPE reviews. The Engineer's scope of services is specifically limited to the following Task I - Project llanagement and Administration 1 . Kickoff Meetang: Attend a kickoff meeting with City for the purpose of discussing the project approach, obtaining information that may be available from the City, and reviewing the projecl schedule. Prepare meeting agenda and minutes. City will chair and provide location for kickoff meeting. 2. Progress and Revlew l{eetings: Attend progress meetings with the City to discuss project status, provide lask order status summaries, presenl deliverables, and receive direction ftom the City. For budgeting purposes, it is anticipated that two (2) progress meetings may be required in addition to the review meetings detailed in other tasks. Prepare meeting agenda and minutes. City will chair and provide location for progress and review meeUngs. 3. Project Administration and Tracking: Monitor team progress, action item lists, task deadlines, items needed from the City, permitting milestones, and critical path items; provide documentation and subconsultant administration. Provide detailed invoices and project updates. For budgeting purposes, it is assumed that the projecl will be completed in 20 months. Task 2 - Topographic Survey No boundary surveys, legal descriptions, or easement support is anticipated. Task Order '10782.a S Meridian Linder Rd Sewer Trunk Design - Keller Associates KA#216107-001 Page 3 of 10 Research: Research Ada County Surveyor's records for land monuments to add in establishing horizontal control and include research of land monuments, plats, records of survey, ROWs, and easements of record along lhe trunk sewer alignment. 2. Survoy Control: Establish survey control along the alignm€nt using NAD83(CORS) (horizontal), NAVD88/Geoidog (vertical), ldaho West State Plane Coordinate syslem (1103) scaled to the Ada County GIS system, based on IDTD CORS epoch 2002 (PlD:AJ3346). Temporary construction benchmarks (TBMs) will be eslablished in the vicinity of the construction site. ROWS will be established and shown on the basemap using Ada County GIS data. 3. Utility Request: Utility companies (gas, power, telephone, storm drain, cable TV, street lighting, traffic signals, inigation) will be contacted prior to survey via Dig-Line to request field locations of utilities and available utility mapping. LJtilities will be shown to the extent they are visible in the field or located by the utility or City. Utilities depicted on the Plans as a result of this task will not be verified and must be field verified, located, and protected by the Contraclor during construction. 4. Temporary Bench Marks: Establish temporary construction benchmarks and control points at 1,000-fmt intervals. The Contractor shall be responsible for protection of the staking and performing independent QA,/QC of the control as the work progresses, and if disturbance has occuned. Re-ostablishment of the control will be performed on an additional time and materials basis. 5. Topographic Survey: Complete topographic survey along the sewer trunk alignment. The survey will generally consist of full ROW width on Linder Road with cross-sections of wateruray crossings. lntersections shall be cross-sectioned 50 feet each side beyond the alignment. 6. Base Mapping: Complete topographic mapping in Civil 3D 2018 at a scale of 1"=40' scale, 22"x34' sheets. Topographic features shall be depicted using standard symbols and shall be shown on the construction plans to the extent that they are found or field located by the utility companies; features may include: fences, edge of pavement, fog line, striped centerline, borrow ditch, utility poles, surfacing, utilities, telephone risers, top of bank and wateMay flowlines, culvert extents, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County GIS mapping. 7. Field Potholing: Subcontract with a company experienced in potholing to provide 6 to 8 hours of potholing utilities. Coordinate delivery of sample pavement sections to ACHD. 8. Exploratory Boringr Subcontract with Materials Testing and lnspection, a geotechnical firm experienced in subsurface geotechnical investigation to provide three bore holes along the pipe conidor, one of which will be near the Ridenbaugh Canal. lnformation gathered in this investigation will be used in Task 3. Task 3 - Preliminary Design 1. 30% Oesign Orawings: Develop preliminary design alignments for the trunk sewer improvements to show trunk profile and horizontal location. Preliminary design to consider utility and ACHD constraints, available ROWS, constructability, construction 1 Task Orde|I0782.a S MBridian Linder Rd Ssw€r Trunk Design - Keller Associates KA#21 61 07-001 Page 4 of '10 access, excavation depths, initial easement constrainE (known by City and determined in initial easement research), pavement repair and impacts to public traffic access. Adjacent land ownership information will be shown. Plans will be prepared on 22"x34" ANSI size "D" sheets. 2. Trafnc Control: A preliminary TrafRc Control Plan (TCP) will be prepared and will be submitted to ACHD for review as provided under Task 5. 3. SWPPP: Prepare a preliminary SWPPP narrative and accompanying drawings thal will include the Ridenbaugh Canal and Sundell Lateral crossings. City's Environmental Division will review. 5. 30% Review l{eeting: Provide live (5) hard copies of the technical memorandum, 30% design drawings at full scale, and construction cost estimate to review with City. Prepare meeting agenda and minutes. City to provide comments and direction before moving into final design. 6. Site Vlsft: Complete a field walkthrough with City inspection staff and summarize neld notes with the City's project manager on relevant project issues. Task4-Final Design 1. 90% Design Package (Agency Review) a) City 30% Comments: Revise the alignment and profile from the Ci$s review comments at the 30% review meeting. Complete final design of the prefened trunk sewer alignment with considerations on constructability, ACHD and City utility corridor requirements, surface disturbance, impact to waterways, sanatary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, easement issues, and other pertinent design cnteria. Provisions to align the trunk, manholes, and stuFouts per available development plans, and preliminary or final plats will be made as specifically requested by the City. For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. b) Design Details: Design drain, inigation, and waterway crossings in accordance with permitting agency requirements. The crossings will be designed using boring or open trench construction. USACE/IDWR 404 permitting is provided under Task 5. c) Traffic Control: Complete revisions to the TCP for final submittal to ACHD per Task 5. Task Order 10782.a S Me dian Linder Rd Sewer Trunk Design - Keller Associates KA#216107{01 Page 5 of 10 4. Constructlon Cost Estlmate: Prepare a cost estimate that reflects all information gathered during surveying and preliminary design efforts. d) SWPPP: Revise and prepare SWPPP nanative and associated drawings per the 2012 Constuction General permit and the City reguirements and standards. City's Environmental Division will approve the plan. e) Pavement Repair: Design Linder Road roadway repairs using ACHD standard sections. 0 90% Drawings: Prepare construction plans which will include project tide blocks, City's standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert elevations, ground surface elevations, surfac.e repair, boring details, property lines, easements, found land monuments, land ownerships, survey control, pay limits, and special details necessary for a biddable product. lncorporate City 30% comments, design details, traffc control, SWPPP, and pavement repair into 90% drawings. Drafling shall be completed on 22'x34" ANSI size "D' sheets. To the extent pracficable, the cunent City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. g) Technical Specifications: Prepare draft technical specifications for items that are not covered or are in addition (clarification) to the 2017 ISPWC and Meridian's Supplemental Specifications and Standard Drawings (current edition).Draft permitting requirements will be included at this stage, as available ftom afiecled agencies. h) Quality Control: A senior engineer shall perform a quality control review of the plans and technical specifi cations. i) Construc{ion Cost Estlmate: Provide an Engineer's Estimate of Probable Construction Cost using the Bid Schedule. ,) 90% Review Meeting: Provide five (5) hard copies each of the g0% design drawings to scale, technical specifications, and Engineer's Opinion of Probable Cost. Prepare meeting agenda and minutes. City to provide comments and QLPE review concunently in review meeting. 2. 100o/o Bid Package a) 90% Review Comments: lncorporate appropriate City, OLPE, and agency review comments and complete fnal revisions to the trunk sewer plans and technical specifi cations. Task Order 10782.a S Meridian Linder Rd Sewer Trunk Oesign - Keller Associates KAtr216107-001 Page 6 of 10 b) Construction Cost Estimate: Update the Engineer's Estimate of Probable Construction Cost as required. c) 100% Submittal: Provide five (5) hard copies and one (1) electronic copy (PDF) of 100% complete plans and conlract documents to the City for QLPE review and approval. Provide one (1) electronic copy (PDF) of the final Engineer's Opinion of Probable Cost. The City will provide QLPE review of the 100% bid package prior to Engineer publishing bid package. After QLPE review is complete, Engineer to address any appropriate mmments and provide bidding support outlined in a separate task order for tidding and construction services. Task 5 - Agency Coordination and Permitting 1. Drainage / lrrigation District Coordination and Pemitting a) Permitting with Nampa-Meridian lrrigation District (NMID) and the Boise Proiect Board of Control (BPBC) will be initiated for the crossing of the Ridenbaugh Canal and the piping from the Sundell Lateral (if required). Meet with NMID and BPBC representatives in the field to review construction related issues and determine design conslraints. Distribute meeting minutes to NMID and BPBC and copy City. Prepare license agreement applicetions, legal description, and exhibits for both NMID and BPBC. ln addition, the NMID License Agreement Fee (estimated at $350) will be pald by the Engineer who will be reimbursed by the City. No noodway infringement will be considered as no aerial walerway crossing or permanent fill placement will occur. lf the City elects to extend water mains parallel with the sewer trunk, the license agreemenl and exhibits will be modified to include those facilities. 2. USACE / IDWR 404 Coordlnatlon and Permltdng a) This task encompasses the design and permitting of open trench crossings of drains or inigation canals that may be under the iurisdiction of the U.S. Army Corps of Engineers (USACE) requiring 404 permitting. For the purpose of estimating fees in this Task Order, preparation of one (1) Nationwide 12, 404 permit is assumed- b) Coordinate with the USACE for crossing requirements and construction methods for preparation of a Nationwide 12, 404 permit for utility crossing or stream alterations. A wetland inventory study will likely not be required; however, if USACE determines such work is needed to secure the permit, an addendum will be required to this Task Order. c) Prepare one application showing the wateruay crossing(s) and preparation of the required exhibits showing crossing plan, details and specifications for the 404 permit application. Open channel crossing plan (if desired) will be prepared per USACE requirements. Task Order 10782.s S Meridian Linder Rd Sewer Trunk Design - Keller Associates KA#216107-001 Page 7 of 10 3. ACHD Coordination and Permitting a) Coordinate alignments and crossing of waterways with the Ada County Highway District (ACHD) to establish acceptable conidor and replacement plan. ln addition, coordinate plan reviews and trafhc control requirements. Tasks are assumed to include: i. Meet with ACHD to review crossing plan for watenrays. A total of two (2) meetings with ACHD are assumed to coordinate lhe pro,ect requirements. ii. Submit 30% crossing plan based on guidance from ACHD stafi in initial meeting. iv. Submil 90% Design Package for ACHD review and approval. 4. DEQ Submittal Packages a) Prepare a summary letter and project oveMew exhibits during Task 3 that summarizes the poect and outlines the planning and preliminary engineering phases completed by the City and as part of this project. This will set the basis for substantiating that no preliminary engineering report will be completed for the project. b) The City will provide QLPE review and approval of the 100% Bid Package to DEQ. Task 6 - Public lnvolvement and Private Development Coordination l. Publlc lnvolvement a) lnformational Meetings: Organize and conduct one (1) open-house style meeting to generate public and neighborhood input. Prepare meeting agenda, visual aids, hand-outs, and project information exhibits. b) Project lnformation Mailer: During final design, prepare a project information sheet for delivery to property owners/residents that will be temporarily affected by the project through interruption of sewer service or access to their property The information sheet will provide: i. Reason for project (i.e. benefits) ii. Project construction schedule iii. Estimated length of impact (either sewer service or access) and anticipated mitigation efforts Expected construction impacts (see "impacts" described below) Task Order 10782.a S Me.idian Linde. Rd Sewer Trunk Design - Keller Associates KA#216107-001 Page 8 of 10 iii. Submit 30% TCP for initial review. v. Contact information of Engineer for questions, comments and concems through the life of the pro,ect. Hand deliver project information sheet to those property owners immediately fronting the proiect limits. "lmpacts" include road closures/detours, noise and vibrations, and other construction impacts that may be determined as the design process progresses. In the coulse of these visits, Engineer slaff can address citizen concems and answer queslions about the project. City to post project information sheet on website. City will be responsible for costs associated with desired bulk mailing. 2. Private Development Coordinafon a) Coordinatlon: Meet with private developers in the project area, as specifically requested by the City, for the purpose of coordinating trunk sewer and waterline designs with private development plans. For budgeting purposes it is assumed that two (2) meetings with one (1) private developer will be held. SECTION 4 - TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on the number of calendar days past the execution of a Notice to Proceed (NTP) from the City. While individual task limits may be exceed, the total Not-To-Exceed amount to complete all services listed above for this task order is One Hundred Three Thousand Five Hundred Twentv dollars ($103.520). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. Travel and meals are exduded from this Task Order unless expliciUy listed in the Scope of Services and Payment Schedule. Any reimbursable expenses will be paid at cost, with approval by the Project Manager, as part of the Not-To-Exceed Task Order Total. COMPENSATION AND COMPLENON SCHEDULE Task Description Days from NTP Compensation 'l Projecl Management and Administration 600 $13,030 2 Topographic Survey 60 $20,210 3 Preliminary Design '180 $15,300 4 Final Design 300 $42,790 Agency Permitting and Coordination 300 $6,650 6 Easements, Public lnvolvement, and Private Development Coordination 300 $5,540 TASK ORDER TOTAL t,IO3,52O Task Order 1 0782.a S Meddian Under Rd Sewer Trunk Design - Keller Associ8tes KA#216107-OOl Page I of 10 5 CITY OF MERIDIAN BY KELLER ASSOCIATES, INC. Iepa nt -,'7 1 TAM WEE , MAYOR ROD LI PRESI Dated 3t La t1t// f / Pt7Dated Approved by coun a r Attest: C. Jay CLERK BY BY: KEITH S, Purchas Engineering Manager City Projact MansgBr Jared Hala I s l6sk Ordor 10782.a S Mqrldlsn Llndor Rd Sow6r T ok Desigo _ Keller AssoclElesKA#21 6't 07-00.t Pag€ 10 of 1O Purchaslng Aplroval Daled o€t{t" /VtJ t .( 7{t I 7 I E IDIAN CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: KELLER ASSOCIATES, INC 131 SW sTH AVE STEA MERIDIAN, ID 83642 Description TO 10782.a - S Meridian Linder Rd. Sewer Trunk - Design PUrChaSe Order 11t2t2o17 Attention: Jared Hale Billing Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 Shipping Address: 33 E Broadway Ave. Ste. 200 N4eridian, lD 83642 IDAHO 18-0103 Shipping Method: FOB: unit N/A N/A Quantity '103520.00 Unit Price 1.00 Total dollar 103,520.00 $103,520.00Purchase Order Total Special lnstructions Contract PO Task Order 10782.a -S. Meridlan Linder Road Sewer Trunk Design. Task Order approved by Council '11l8/17 Not-to-Exceed $'103,520.00. 60-3590-93505-10782.a. Case # 58229 Purchasing Manager:_ ?2vft,DIAN CITY OF MERIDIAN Purchasing Oepartmont 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) 489-0417 FAXI (208) 8874813 @ CITY OF MERIDIAN Public Works SUGGESTEO VENDOR 10t20t2017 NT REOUIRED? No CASE MANAGEMENT TICKET NO. 5822q Keller Associates, lnc 131 SW sth Ave A Meridian, lD 83642 Purchase Requisition PURCHASE ORDER NUI!]8ER MUSTAPPEAR ON ATL INVOICES. PAC(ING SLIPS, CARTONS AND CORRESPONOENCE REIATEO TO THIS OROER F.O.B. DESTINATION REQUESTOR' Jared HaleJared Hale PROJECT NAME: South Meridian Linder Road Sewer Trunk 10782.a $ 103,520.00Task Order 1 L5 $ 103,520.00 60 3590 93505 $ $ $ $ $ $ $ $103 .00 Council Approval Date:NOTES: AIITHORIZEOCOUNCIL SIGNATURE ff @UiEd) m IIIIIII IIIIIII ACCOUNTING CODES FUND I-IIIIII II IIII Qu nd Pricing DEPT CODE EXPENSE OR PROJECT / GL ACCOUNT# COMMITMENT # PART NUMBER / DESCRIPTION / COMMITMENT NAME 'TASK ORDER ' CONTRACT / PROJECT DESCRIPTION DATE OF REQUEST , AVAILABLE BUEGET AMOUNT $40O,OOO.O0 FREIGHT TERMS PREPAID TOTAL AMOUNTQTY UNIT UNIT PRICE I City Of M.ridian Slaternent of Revenues and Expenditures _ Statement Rev and Exp Karen 60 - Entarpriae Ftnd 3590 - rfl conltllrctlorl P!oj.ct. From l0/l/2017 Through 9/30/2018 Budget \rith Budqet Remaininq Capital ou!Iay Seeer Li,ne Exlensions 0.0c 5,799,,i61.32 93505 10514.d 10614. f Carryto!ward simplot Rv Relocation Pad - Constructioi B]ack Cat Trun I sewer Phase 5 - uain:ine Carryfoll,a!d TotaI Capital O.rtIay 1,150,000.0{ 0.00 0.00 2.658.00 1,160,000.04 t2,658.00) 5,789/ 444.l2 c. ,a 2, O6.44 i, 629, 464 ,22 5,786, .-)61.84 (38.48) 2,695.44 5,186,161 .44 2,696.48 5,?86,16?.84TOlAi, EXPENDITURES D.te: lO/76/li li:ri,c4 ?A Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 70 PROJECT NUMBER: ITEM TITLE: Asset Purchase and Transfer of Title Agreement with Idaho Power for an amount not to exceed $761,693 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 1 of 17 ASSET PURCHASE AND TRANSFER OF TITLE AGREEMENT This ASSET PURCHASE AND TRANSFER OF TITLE AGREEMENT (“Agreement”) is entered into to be effective as of the 8th day of November, 2017 (“Effective Date”), by and between IDAHO POWER COMPANY, an Idaho corporation (“Idaho Power”), and the CITY OF MERIDIAN, a municipality located in Ada County, Idaho (the “City”). Idaho Power and the City may be referred to herein individually as a “Party” or, collectively, as the “Parties.” RECITALS A. Idaho Power is an investor-owned electric utility engaged in the generation, transmission, and distribution of electricity to its customers in southern Idaho and eastern Oregon; B. The City is an Idaho Power customer with a Wastewater Division that operates and maintains a centralized Wastewater Treatment Facility located at 3401 North Ten Mile Road, Meridian, ID 83642 (“Wastewater Facility”); C. Idaho Power currently owns, operates and maintains facilities beyond the Point of Delivery at the City’s Wastewater Facility that are installed to solely benefit the Wastewater Facility (as more particularly described in this Agreement, the “Assets”). D. Idaho Power desires to transfer and convey the Assets to the City, and the City desires to obtain title to and assume ownership, maintenance, operation and all liabilities associated with the Assets pursuant and subject to the terms and conditions of this Agreement. E. Pursuant to Rule M (Facilities Charge Service) of Idaho Power’s Tariff (“Rule M”), Idaho Code § 61-328, and Oregon Revised Statute § 757.480, Idaho Power is required to obtain authorization and order from the Idaho Public Utilities Commission (“IPUC”) and the Public Utility Commission of Oregon (“OPUC”) approving Idaho Power’s sale of the Assets to the City (the “Sale”). The transfer of the Assets contemplated by this Agreement is contingent on Idaho Power receiving approval of the Sale and accounting treatment of the Sale from the IPUC and the OPUC (collectively, “PUCs”), without any changes or conditions to Idaho Power’s request and subject to the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual obligations and undertakings set forth herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Idaho Power and The City agree as follows: 1) Recitals. The above-stated Recitals are incorporated by this reference and made a part of this Agreement. 2) Assets. The Assets to be transferred to the City pursuant to this Agreement (and upon approval of the PUCs) are set forth in Exhibit A attached hereto and made part of this Agreement. {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 2 of 17 3) Purchase Price. The City shall pay to Idaho Power the amount of $761,693 for the Assets and sectionalizer modifications necessary to complete the purchase (“Purchase Price”). A summary breakdown of the Purchase Price is attached hereto as Exhibit B and made part of this Agreement. As demonstrated by Exhibit B, included in the Purchase Price are costs associated with a sectionalizer located at the Wastewater Facility (“Sectionalizer”) that Idaho Power will reprogram to become the Wastewater Facility’s Point of Delivery. The Sectionalizer is not being sold to the City; instead, Idaho Power will continue to own, operate and maintain the Sectionalizer. Upon Closing the Sale (defined in Section 6 of this Agreement), Idaho Power will make the necessary modifications to the Sectionalizer and cease collection of the facilities charge and any other charges associated with the Sectionalizer.1 The City acknowledges and confirms that: (a) the City has reviewed and fully understands the components of the Purchase Price; (b) the City does not contest such amount; and, (c) the Purchase Price is agreed upon between the Parties as of the Effective Date hereof. The City understands and acknowledges the Purchase Price is subject to change if Idaho Power is required to replace any of the Assets during such time as the Parties are awaiting approval from the PUCs. Unless the City requests otherwise, pursuant to Rule M of Idaho Power’s Tariff, Idaho Power is required to replace failed equipment owned by Idaho Power installed beyond the Point of Delivery. As such, until Closing (defined in Section 6 of this Agreement) occurs, Idaho Power must replace any failed Assets and the price of the substitute equipment will be reflected in the Purchase Price pursuant to the same methodology used to calculate the current Purchase Price. 4) Obligations and Conditions Precedent to Closing; Certain Covenants. The obligations and conditions listed below must be satisfied or waived in writing before the Parties are required to affect the transfer and sale of the Assets as contemplated by this Agreement (such event, “Closing”). a. IPUC and OPUC Approval. Within 30 days following execution of this Agreement, Idaho Power shall file an application for approval of the Sale and accounting treatment of the Sale with the PUCs, the contents of which shall be in Idaho Power’s discretion so long as not inconsistent with the material terms of this Agreement. Upon receipt of a final, non-appealable order from the PUCs pertaining to the Sale, Idaho Power shall provide the City with a copy of the same and: i. If the PUCs approve the Sale and accounting treatment of the Sale consistent in all material respects with the respective applications submitted to the PUCs by Idaho Power, the Parties shall proceed with the Sale of the Assets pursuant to the terms and conditions of this Agreement. 1 The costs associated with the Sectionalizer are not for the modification or reprogramming necessitated by the Sectionalizer becoming the City’s Point of Delivery; instead, the costs associated with the Sectionalizer are based on Idaho Power recovering its initial investment cost for the Sectionalizer. Pursuant to Rule M, the Sectionalizer was originally installed for the sole benefit of the City, and the City has since paid a monthly facilities charge to Idaho Power based on a percentage of Idaho Power’s initial investment cost. Because the City will no longer pay a monthly facilities charge, Idaho Power must recover the initial investment cost of the Sectionalizer through a lump sum payment from the City. {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 3 of 17 ii. If the IPUC approves the Sale and accounting treatment of the Sale subject to additional terms and conditions beyond those set forth in the application submitted to the IPUC by Idaho Power (as permitted by Idaho Code § 61-328), the Parties may either: i) mutually agree to incorporate the additional terms and conditions into this Agreement and proceed with the Sale;2 or ii) not mutually agree to incorporate the additional terms and conditions into this Agreement, in which case either Party shall have the right to terminate this Agreement by notice to the other Party, and upon such termination this Agreement shall be null and void and of no further effect and neither Party shall have any further obligations under this Agreement. iii. If the IPUC and/or the OPUC deny, or refuse to consider or approve, the Sale or the accounting treatment of the Sale consistent in all material respects with the application submitted by Idaho Power, either Party shall have the right to terminate this Agreement by notice to the other Party, and upon such termination the terms of this Agreement shall be null and void and of no further effect and neither Party shall have any further obligations under this Agreement. The City agrees to support Idaho Power’s applications to the PUCs for approval of the Sale. b. Lien Release. The Assets are subject to a lien created by a Mortga ge and Deed of Trust, dated October 1, 1937, between Idaho Power and Deutsche Bank Trust Company Americas (the “Mortgage”). Following receipt of a signed resolution adopted by Idaho Power’s Board of Directors, Idaho Power shall file a customary lien release application with the Mortgage trustee, requesting release of the Assets from the lien of the Mortgage in accordance with the terms of the Mortgage. Release of the lien by the Mortgage trustee, or the City’s waiver of the release of the lien of the Mortgage, shall be a condition precedent to the Closing and to the obligations of the Parties to consummate the Sale as contemplated by this Agreement. In the event no such release or waiver shall have timely occurred within 60 days of Idaho Power filing an application for release, either Party shall have the right to terminate this Agreement by notice to the other Party and, upon such termination, the terms of this Agreement shall be null and void and of no further effect, and neither Party shall have any further obligations under this Agreement. 5) Installation of Additional Facilities. Rule M of Idaho Power’s Tariff does not allow mixed ownership of facilities beyond the Point of Delivery. As such, t he City understands and acknowledges that if the City desires installation of additional facilities beyond the Point of Delivery prior to Closing (“Additional Facilities”), the City has the following options: 2 If the IPUC conditions its approval of the Sale on the inclusion of additional terms, and the Parties mutually agree to incorporate the same into this Agreement, Idaho Power will resubmit a revised application to the OPUC detailing the additional terms required by the IPUC. {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 4 of 17 a. Idaho Power purchases, installs and maintains the Additional Facilities. The Parties amend this Agreement with an updated Purchase Price to include the Additional Facilities, and Idaho Power updates its application and/or re-applies for approval of the Sale to the PUCs to include the Additional Facilities at the updated Purchase Price. Upon receipt of the PUCs’ decisions, the above Sections 4(a)(i), (ii) or (iii) would determine the next steps of the Parties; OR, b. The City purchases, installs and maintains the Additional Facilities. The City shall obtain written approval from Idaho Power prior to purchasing and installing Additional Facilities in order that Idaho Power can verify compatibility with its electrical system. In the event the IPUC and/or the OPUC fail to approve the Sale (as discussed in the above Sections 4(a)(ii) and (iii)), the City agrees to sell the Additional Facilities to Idaho Power at the original purchase price as soon as practicable following receipt of the PUCs’ decisions. The Additional Facilities will then be added to the City’s facilities charge pursuant to Rule M. If the City fails to obtain written approval prior to installing Additional Facilities, and those Additional Facilities are not standard to Idaho Power’s system, Idaho Power will not purchase the facilities from the City. Instead, Idaho Power will remove and replace the Additional Facilities, at the City’s expense, with those standard to its system and the City will be required to pay for the replacement facilities through its Rule M facilities charge. 6) Closing. The Parties agree that Closing shall occur as promptly as reasonably practicable following satisfaction of all conditions precedent set forth in Section 4 of this Agreement. At Closing: (a) Idaho Power shall receive from the City an automatic transfer of funds for the full Purchase Price (as specified in Section 3 above), ; (b) Idaho Power shall provide the City any keys, or other items in Idaho Power’s possession, received by Idaho Power as part of the original purchase and necessary for access of, and specific to, the Assets; (c) Idaho Power shall provide the City with maps of the location of the Assets, and any other operational manuals in Idaho Power’s possession, received as part of the original purchase of the Assets; (d) Idaho Power shall provide the City with an operational overview of the padmount switch being sold to the City as part of the Assets; and, (e) the Parties shall execute a bill of sale in the form of Exhibit C hereto. On or after Closing, Idaho Power shall cease collection of all distribution facilities investment (“DFI”) rate charges and any other charges for the Assets. The City acknowledges and agrees Idaho Power is providing an operational overview of the padmount switch at Closing as a courtesy pursuant to the City’s request; the City shall not rely on Idaho Power’s operational ov erview for purposes of understanding the necessary operation, maintenance or repairs associated with the padmount switch, and the City understands and agrees the overview of the padmount switch is subject to Sections 12 and 13 of this Agreement. Upon Closing, this Agreement will eliminate the Assets subject to DFI charges and will release Idaho Power’s responsibility for the care, custody and control of the Assets. 7) Transfer of Assets. Idaho Power shall grant, bargain, sell, assign, transfer, convey, and deliver to the City, its successors and assigns, all of Idaho Power's right, title and interest of every kind and character whatsoever in and to the Assets, effective as of Closing. {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 5 of 17 8) Operation and Maintenance. The City understands and acknowledges that pursuant to the requirements of Rule M of Idaho Power’s Tariff and Idaho Code § 61-328, the City has the bona fide intent and financial ability to operate and maintain the Assets, and the City shall be fully responsible for such operation and maintenance of the Assets, and all liabilities associated therewith, after Closing. 9) Title to Assets. Idaho Power, for itself and its successors, hereby represents to the City and its successors and assigns that as of the Effective Date hereof: a) Idaho Power has good, valid and marketable title to the Assets; b) the Assets are free and clear of all liens, encumbrances, claims, mortgages, security interests, pledges, charges, liabilities and other restrictions of any kind or nature whatsoever (contingent or otherwise), other than those of or created by the City, and other than the lien created by the Mortgage; c) the lien of the Mortgage on the Assets will not apply from and after the Closing; and d) Idaho Power has all necessary corporate power and authority to sell the Assets to the City (assuming approval of the Sale from the IPUC pursuant to Idaho Code § 61-328 and the OPUC pursuant to Oregon Revised Statute § 757.480). 10) Necessary Documents. Idaho Power covenants and agrees with the City, its successors and assigns, to do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, any acts, instruments, papers and documents as may be reasonably necessary to carry out and effectuate the intent and purpose of this Agreement. 11) Authority to Transfer. Idaho Power warrants and represents to the City that Idaho Power is duly and validly authorized and empowered to make, execute, and deliver this Agreement and to enter into the covenants, promises, and undertakings of Idaho Power in this Agreement, in accordance with the terms and subject to the conditions set forth in this Agreement. The City warrants and represents to Idaho Power that the City is duly and validly authorized and empowered to make, execute, and deliver this Agreement and to enter into the covenants, promises, and undertakings of the City in this Agreement, in accordance with the terms and subject to the conditions set forth in this Agreement. 12) Unwarranted “As Is” Condition. The Parties agree that to the extent required by any applicable law, the disclaimers of warranties contained in this paragraph are “conspicuous” disclaimers for the purposes of any applicable law, rule, or order. The City waives any claims, demands, and rights of action against Idaho Power, its officers, directors, employees and parent company arising from or relating to the Assets or the Sale other than the rights of the City under this Agreement, including the right to enforce this Agreement. THE CITY ACKNOWLEDGES AND AGREES THAT IT HAS HAD THE OPPORTUNITY TO CAREFULLY EXAMINE AND INSPECT THE ASSETS, AND/OR THAT IT HAS CAREFULLY EXAMINED AND INSPECTED THE ASSETS, AND ACCEPTS THE ASSETS IN THEIR “AS IS” AND “WHERE IS” CONDITION AND “WITH ALL FAULTS,” AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, (ALL OF WHICH IDAHO POWER HEREBY DISCLAIMS AND NEGATES) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES OR MATERIALS, MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATION, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 6 of 17 LAWS AND REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT), TO THE EXTENT APPLICABLE AND PERMITTED BY LAW. 13) Release and Indemnification. Effective as of Closing, the City releases Idaho Power and its employees, officers, directors, representatives, and agents and/or its affiliates from, for, and against any and all claims, actions, damages, losses, penalties, and expenses, including reasonable attorneys’ fees and disbursements, of any kind or nature whatsoever arising out of Idaho Power’s acts or omissions or the acts or omissions of the City or any third party related to the transfer of the Assets hereunder. To the extent permitted by applicable law, the City shall indemnify, defend, reimburse and hold harmless Idaho Power and its successors, and their respective directors, officers, employees, representatives, and agents (collectively, the “Indemnitees”), from, for, and against any and all allegations, suits, claims, demands, actions, proceedings, judgments, penalties, liabilities, damages, injuries, losses, costs, or expenses of any kind or nature whatsoever (collectively, “Damages”) by any person, including without limitation attorneys’ fees and related costs, and liability of death, personal injury or property damages, strict liability, or liabilities or obligations under any applicable federal or state law, including, without limitation, all environmental laws, arising on or after the Closing directly or indirectly, in whole or in part, out of the City’s acquisition and use of the Assets. 14) Hazardous Materials and Indemnification. The City acknowledges that the Assets, including electronic equipment and components, may contain hazardous materials. These materials may include, but are not limited to, PCBs, lead in solder, batteries, and CRT glass, silver in some batteries and connections, and mercury in some batteries and mercury switches. Disposal of these components and electronic waste in general, may be regulated. The City is responsible for compliance with all applicable environmental laws, rules, and regulations associated with those and all other hazardous materials contained in or used in connection with the Assets from and after the Closing. The City shall indemnify, defend, reimburse and hold harmless the Indemnitees from, for, and against any and all Damages that any or all of the Indemnitees may hereafter suffer, incur, be responsible for, or pay out for liabilities or obligations under any law, ordinance, or regulation relating directly or indirectly to those and all other hazardous materials contained in or used in connection with the Assets, arising directly or indirectly, in whole or in part, out of the City’s acquisition and use of the Assets on and after the Closing. 15) Assignment. This Agreement shall only be assigned with the prior written consent of the Parties. Any purported assignment without such prior written consent shall be null and void. 16) Miscellaneous. To the extent that any provision of this instrument is held to be invalid, illegal, or unenforceable, it shall be deemed to be modified to the minimum extent necessary to be valid and enforceable. If it cannot be so modified, it will be deleted and the deletion will not affect the validity or enforceability of any other provision unless, as a result the rights of either Party are materially diminished or the obligations and burdens of either Party are materially {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 7 of 17 increased to be unjust or inequitable. Any inconsistency between the terms of this Agreement and any other Agreement to which Idaho Power and The City are a party on the Effective Date, as to the matters set forth in this Agreement, shall be resolved in favor of the terms of this Agreement, the terms of which shall govern. This Agreement and the covenants, agreements, undertakings, warranties and representations contained herein shall inure to the benefit of the successors and assigns of Idaho Power and the City. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement constitutes the entire Agreement between the Parties and supersedes any prior understandings, Agreements, or representations by or between the Parties, written or oral, in any way related to the subject matter of this Agreement. This Agreement may not be amended except by written Agreement executed by the parties to be charged with the amendment. [Signatures to follow] IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of the Effective Date. IDAHO POWER COMPANY Signature %X Printed Name: Title: A—e L �'YI : rc, _ L Rr-jio�v CITY OF MERIDIAN Signature: Printed Name: Tc, Y de Title: M 4 yD - {00218830.DOCX; 51 City of Meridian — Asset Purchase and Transfer of Title Agreement Page 8 of 17 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 9 of 17 Description Year Original Investment Pole - Primary less than 50 Ft. 1997 $ 1,284.05 Pole - Primary less than 50 Ft. 2005 $ 1,611.98 Pole - Primary less than 50 Ft. 2005 $ 1,611.98 Pole - Primary less than 50 Ft. 2005 $ 1,611.98 Pole - Primary less than 50 Ft. 1979 $ 237.93 Pole - Primary less than 50 Ft. 1979 $ 237.93 Pole - Primary less than 50 Ft. 1979 $ 1,604.38 Pole - Primary less than 50 Ft. 2005 $ 2,465.53 Pole - Primary less than 50 Ft. 1999 $ 2,465.53 Pole - Primary less than 50 Ft. 1979 $ 237.93 Pole - Primary less than 50 Ft. 1999 $ 2,862.81 Pole - Primary less than 50 Ft. 1999 $ 2,862.81 Pole - Primary 50 Ft. or greater. 2007 $ 3,685.90 Pole - Primary 50 Ft. or greater. 2007 $ 3,685.90 Pole - Primary 50 Ft. or greater. 2008 $ 3,685.89 Pole - Primary 50 Ft. or greater. 2008 $ 3,685.89 Pole - Primary less than 50 Ft. 2008 $ 2,661.29 Pole - Primary less than 50 Ft. 2010 $ 2,194.85 Pole - Primary less than 50 Ft. 2012 $ 3,539.82 Pole - Primary less than 50 Ft. 2012 $ 3,539.82 Pole - Primary less than 50 Ft. 2012 $ 3,539.80 Pole - Primary less than 50 Ft. 2012 $ 3,539.82 Pole - Primary less than 50 Ft. 2012 $ 3,539.82 Pole - Primary less than 50 Ft. 2012 $ 3,539.82 Pole - Primary less than 50 Ft. 2012 $ 1,790.66 OH Primary Conductor 4/0 or smaller. 1999 $ 635.11 OH Primary Conductor 4/0 or smaller. 1999 $ 97.91 OH Primary Conductor 4/0 or smaller. 1997 $ 1,568.18 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 10 of 17 Description Year Original Investment OH Primary Conductor 4/0 or smaller. 1999 $ 275.94 OH Primary Conductor 4/0 or smaller. 1999 $ 206.95 OH Primary Conductor 4/0 or smaller. 1999 $ 146.00 OH Primary Conductor 4/0 or smaller. 1999 $ 696.05 OH Primary Conductor 4/0 or smaller. 1998 $ 783.45 OH Primary Conductor 4/0 or smaller. 1998 $ 163.05 OH Primary Conductor 4/0 or smaller. 1998 $ 163.05 OH Primary Conductor 4/0 or smaller. 1998 $ 34.96 OH Primary Conductor 4/0 or smaller. 1997 $ 1,043.79 OH Primary Conductor 4/0 or smaller. 1998 $ 34.96 OH Primary Conductor 4/0 or smaller. 1998 $ 80.34 OH Primary Conductor 4/0 or smaller. 1998 $ 317.35 OH Primary Conductor 4/0 or smaller. 2008 $ 90.55 OH Primary Conductor 4/0 or smaller. 2008 $ 416.51 OH Primary Conductor 4/0 or smaller. 2008 $ 416.51 OH Primary Conductor 4/0 or smaller. 2008 $ 110.47 OH Primary Conductor 4/0 or smaller. 2008 $ 458.15 OH Primary Conductor 4/0 or smaller. 2012 $ 74.65 OH Primary Conductor 4/0 or smaller. 2012 $ 191.17 OH Primary Conductor 4/0 or smaller. 2012 $ 83.71 OH Primary Conductor 4/0 or smaller. 2012 $ 75.79 OH Primary Conductor 4/0 or smaller. 2012 $ 50.90 Switch - Pole Top. 2005 $ 5,824.02 Pad - Equipment. 2005 $ 287.80 Pad - Equipment. 1999 $ 2,105.00 Pad - Equipment. 2005 $ 1,435.77 Pad - Equipment. 2005 $ 1,435.77 Pad - Equipment. 2010 $ 1,238.99 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 11 of 17 Description Year Original Investment Pad - Equipment. 2012 $ 1,317.54 Pad - Equipment. 2013 $ 1,650.03 Pad - Equipment. 2013 $ 1,650.02 Pad - Equipment. 2015 $ 1,408.87 Pad - Equipment. 2015 $ 1,408.87 Pad - Secter 3 Phase. 2013 $ 1,560.60 Vault - Manhole. 2012 $ 2,023.36 Vault - Manhole. 2012 $ 2,545.97 Vault - Manhole. 2005 $ 2,915.04 Vault - Manhole. 2005 $ 2,915.04 Vault - Manhole. 2015 $ 3,821.65 Vault - Manhole. 2015 $ 2,279.78 Vault - Manhole. 2015 $ 3,821.65 Vault - Manhole. 2015 $ 2,279.77 Handhole (Secondary Box). 2012 $ 360.93 Conduit Direct Buried. 2015 $ 128.90 Conduit Direct Buried. 2015 $ 837.84 Conduit Direct Buried. 2015 $ 412.48 Conduit Direct Buried. 2015 $ 1,224.54 Conduit Direct Buried. 2015 $ 2,900.22 Pad - Secter 3 Phase. 2015 $ 2,470.50 Pad - Equipment. 2015 $ 2,516.41 Conduit Direct Buried. 2015 $ 1,240.09 Conduit Direct Buried. 2015 $ 87.95 Conduit Direct Buried. 2016 $ 498.21 UG Primary Cable - 15kV. 2005 $ 148.28 UG Primary Cable - 15kV. 2005 $ 231.68 UG Primary Cable - 15kV. 2005 $ 454.76 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 12 of 17 Description Year Original Investment UG Primary Cable - 15kV. 2005 $ 227.38 UG Primary Cable - 15kV. 2005 $ 357.31 UG Primary Cable - 15kV. 2005 $ 43.32 UG Primary Cable - 15kV. 2010 $ 2,072.06 UG Primary Cable - 15kV. 2012 $ 792.18 UG Primary Cable - 15kV. 2013 $ 2,984.25 UG Primary Cable - 15kV. 2013 $ 3,945.85 UG Primary Cable - 15kV. 2013 $ 497.38 UG Primary Cable - 15kV. 2013 $ 961.59 UG Primary Cable - 15kV. 2015 $ 956.18 UG Primary Cable - 15kV. 2015 $ 2,061.76 UG Primary Cable - 15kV. 2015 $ 1,135.46 UG Primary Cable - 15kV. 2015 $ 3,496.03 UG Primary Cable - 15kV. 2015 $ 489.77 UG Primary Cable - 15kV. 2015 $ 1,265.23 UG Primary Cable - 15kV. 2016 $ 4,755.95 Secter 3 Phase. 2015 $ 2,957.64 Secter 3 Phase. 2015 $ 1,569.95 Secter 3 Phase. 2013 $ 1,822.74 UG Secondary. 2012 $ 637.20 Switch - Padmount. 2005 $ 25,986.42 Transformer - OH 1PH (0-15) kVA. 2005 $ 748.47 Transformer - OH 1PH (0-15) kVA. 2005 $ 748.47 Transformer - OH 1PH (0-15) kVA. 2005 $ 748.47 Transformer - OH 1PH (0-15) kVA. 2012 $ 2,001.53 Transformer - OH 1PH (0-15) kVA. 2012 $ 2,001.53 Transformer - OH 1PH (0-15) kVA. 2012 $ 2,001.54 Transformer - Padmount 3PH (112-166) kVA. 2013 $ 19,372.98 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 13 of 17 Description Year Original Investment Transformer - Padmount 3PH (167-499) kVA. 2013 $ 29,312.05 Transformer - OH 1PH (16-49) kVA. 2005 $ 1,008.18 Transformer - Padmount 1PH (16-49) kVA. 2005 $ 1,977.03 Transformer - Padmount 3PH (167-499) kVA. 2005 $ 9,288.14 Transformer - Padmount 3PH (1500-2499) kVA. 2005 $ 16,344.41 Transformer - Padmount 3PH 2500 kVA and larger. 2005 $ 35,567.78 Transformer - Padmount 3PH (500-1499) kVA. 2007 $ 12,428.77 Transformer - Padmount 3PH (500-1499) kVA. 2010 $ 26,562.90 Transformer - Padmount 3PH (1500-2499) kVA. 2012 $ 45,987.07 Transformer - Padmount 3PH (16-111) kVA. 2015 $ 12,629.93 Transformer - Padmount 3PH (112-166) kVA. 2015 $ 13,412.63 Transformer - Padmount 3PH (112-166) kVA. 2015 $ 22,733.10 Transformer - OH 1PH (50-74) kVA. 2017 $ 2,766.47 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Fused Cut-Out. 2000 $ 101.78 Switch - Solid Blade Cut-Out. 2013 $ 303.68 Switch - Solid Blade Cut-Out. 2013 $ 303.67 Switch - Solid Blade Cut-Out. 2013 $ 303.67 Switch - Fused Cut-Out. 2005 $ 162.21 Switch - Solid Blade Cut-Out. 2005 $ 157.45 Switch - Solid Blade Cut-Out. 2005 $ 157.46 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 14 of 17 Description Year Original Investment Switch - Solid Blade Cut-Out. 2005 $ 157.46 Switch - Solid Blade Cut-Out. 2005 $ 157.46 Switch - Solid Blade Cut-Out. 2005 $ 157.46 Switch - Solid Blade Cut-Out. 2005 $ 157.46 Switch - Power Fuse. 2005 $ 328.19 Switch - Power Fuse. 2005 $ 328.19 Switch - Power Fuse. 2005 $ 328.19 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.35 Switch - Solid Blade Cut-Out. 2008 $ 324.34 Switch - Fused Cut-Out. 2010 $ 177.88 Switch - Fused Cut-Out. 2010 $ 177.87 Switch - Fused Cut-Out. 2010 $ 177.87 Switch - Fused Cut-Out. 2012 $ 172.00 Switch - Fused Cut-Out. 2012 $ 172.00 Switch - Fused Cut-Out. 2012 $ 172.01 Switch - Fused Cut-Out. 2012 $ 381.75 Switch - Fused Cut-Out. 2012 $ 381.75 Switch - Fused Cut-Out. 2012 $ 381.75 Switch - Fused Cut-Out. 2015 $ 277.43 Switch - Fused Cut-Out. 2015 $ 277.43 Switch - Fused Cut-Out. 2015 $ 277.42 EXHIBIT A ASSETS {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 15 of 17 Description Year Original Investment UG Service. 2000 $ 1,384.90 UG Service. 2005 $ 4,235.83 UG Service. 1998 $ 755.87 UG Service. 2005 $ 338.87 OH Service. 2017 $ 624.51 {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 16 of 17 EXHIBIT B SUMMARY BREAKDOWN OF PURCHASE PRICE Purchase Price Components Amounts Net book value $ 353,091 True up of past levelized rate of return $ 81,280 Near-term rate of return impact resulting from sale of assets $ 63,903 Near-term operational impact resulting from sale of assets $ 83,783 Total Purchase Price – before tax $ 582,057 Net gross-up for tax $ 161,432 Total Purchase Price – after tax $ 743,489 Work order closing costs $ 480 Total Purchase Price $ 743,969 Sectionalizer Components Amounts Sectionalizer book value $ 9,882 Sectionalizer true-up past levelized rate of return $ 4,776 Total Price – before tax $ 14,658 Net gross-up for tax $ 3,066 Sectionalizer Total $ 17,724 Total Amount Due $ 761,693 EXAMPLE ONLY – DO NOT EXECUTE {00218830.DOCX; 5} City of Meridian – Asset Purchase and Transfer of Title Agreement Page 17 of 17 EXHIBIT C BILL OF SALE This BILL OF SALE is entered to be effective on , 2017 (“Effective Date”), by and between Idaho Power Company, an Idaho corporation (“Idaho Power”) and the City of Meridian, a municipality located in Ada County, Idaho (the “City”). Idaho Power and the City may be referred to herein individually as a “Party” or, collectively, as the “Parties.” Idaho Power has agreed sell to the City and the City has agreed to purchase from Idaho Power, for the consideration and upon the terms and conditions set forth in the Asset Purchase and Transfer of Title Agreement, dated , 2017 (“Purchase Agreement”) all of the Assets set forth in Exhibit A to the Purchase Agreement. Pursuant to the requirements of Rule M of Idaho Power’s Tariff, Idaho Code § 61-328, and Oregon Revised Statute § 757.480, Idaho Power has obtained authorization and order from the Idaho Public Utilities Commission and the Public Utility Commission of Oregon approving Idaho Power’s sale of the Assets (set forth in Exhibit A to the Purchase Agreement) pursuant to the terms and conditions of the Purchase Agreement. Idaho Power hereby transfers title to the Assets and acknowledges payment for the Assets, in the amount of $743,969, is governed by and shall be made in accordance with the terms and conditions of the Purchase Agreement. IN WITNESS WHEREOF, the undersigned have executed this BILL OF SALE to be effective as of the Effective Date. IDAHO POWER COMPANY Signature: _________________________________ Printed Name: _________________________________ Title: _________________________________ CITY OF MERIDIAN Signature: _________________________________ Printed Name: _________________________________ Title: _________________________________ Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7P PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10641.a for Professional Services for "WELL 28 WATER TREATMENT FACILITY - DESIGN" to Mountain Waterworks, Inc. for the Not -To -Exceed amount of $232,554.00. This Task Order is issued in conjunction with the Master Agreement with Mountain Waterworks, Inc. dated October 1, 2017, which is the result of the formal RFQ #CW -1750-10772. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Garrick Nelson, Staff Engineer II; Kyle Radek, Asst. City Engineer Date: 10/27/17 Re: November 8 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 8 th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10641.a for Professional Services for “WELL 28 WATER TREATMENT FACILITY - DESIGN” to Mountain Waterworks, Inc. for the Not-To- Exceed amount of $232,554.00. This Task Order is issued in conjunction with the Master Agreement with Mountain Waterworks, Inc. dated October 1, 2017, which is the result of the formal RFQ #CW-1750-10772. Recommended Council Action: Approval of Task Order 10641.a for the Not-To- Exceed amount of $232,554.00 as well as authorize the Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $232,554.00. Thank you for your consideration. City of Meridian Purchasing Dept. (::�W, IDIANt-6�-- I D A H O Works Department TO: Keith Watts, Purchasing Manager FROM: Garrick Nelson Staff Engineer II DATE: 10/9/2017 Mayor Tammy de Weerd CftV Council Members& Keith Bird Joe Borton Whe Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: TASK ORDER 10641 WITH MOUNTAIN WATERWORKS, INC. PURSUANT TO THE MASTER AGREEMENT CATEGORY 1D, APPROVED OCTOBER 1, 2017, FOR THE WELL 28 WATER TREATMENT DESIGN FOR A NOT -TO -EXCEED AMOUNT OF $232,554.00. I. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer II 489-0358 Kyle Radek, Asst City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, PW Director 489-0372 II. DESCRIPTION A. Background This project will improve the water quality supplied by Well 28 that is put into the distribution system and delivered to customers. Iron and Manganese must be removed from supply water in order to provide adequate chlorine residuals in the distribution system without precipitation of these constituents which results in brown or black water stains. The primary purpose and justification for this project is to remove Iron, Manganese, and other aesthetic contaminants to enable delivery of safe clean water to customers. This task order covers the pilot testing, development of equipment procurement specifications, preliminary engineering report and final design of the treatment facility for the project. B. Proposed Project The proposed project will be the FY 2018 portion of the design and equipment procurement for an Iron and Manganese Treatment Facility at Well 28. The Page I of 2 construction and construction services will take place in FY 2019 and will be included in the FY 2019 budget. III. IMPACT 0 Fiscal Impacts Funding is available in the Well 28 Water Treatment Enhancement for this task order. The value of the task order with Mountain Waterworks, Inc. is $232,554, with $800,000 in current funding available in the account. Project Costs: Fiscal Year 2018 Project Funding Fiscal Year 2018 Available Funding B. Time Constraints Total Enhancement Account Code / Codes 3490-96166 Total Funding Required $800,000.00 '.illilll $232,554.00 Council approval will allow this project to begin the design portion of the treatment facility and allow s to tay on schedule for the completion of construction by the end of F 019. Departmental Approval: Page 2 of 2 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding N/A N/A I. PROJECT INFORMATION 3/17/2017 3/16/2018 N/A 2018 10/5/2017 Public Works Well 28 Water Treatment Facility Design V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION 10/1/2017 October 27, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 10/5/2017 VII. TASK ORDER SELECTION (Project Manager to Complete) Mountain Waterworks submitted a draft scope of work to the City for review for this project. This scope of work was compared to previous design task orders for Well 19, 27 & 22. The fee is comparable to those projects along with the scope of work. The fee for this project is within the expected value for the scope of work provided and the estimated cost in the enhancement. N/A Award based on Low Bid Highest Ranked Vendor Selected $232,554 Garrick Nelson If yes, has policy been purchased? Mountain Waterworks III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96166 10641.a TASK ORDER 1D RFP / RFQ BID TASK ORDER NO. 10641.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND MOUNTAIN WATERWORKS, INC. (ENGINEER) This Task Order is made this day of November 2017 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by Mountain Waterworks, INC., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 7A) between the above mentioned parties dated October 1, 2017. The Project Name for this Task Order 10641.a is as follows: CITY OF MERIDIAN WELL 28 WATER TREATMENT FACILITY - DESIGN PROJECT UNDERSTANDING The City of Meridian (City) domestic water system experiences water quality issues related to the precipitation of iron and manganese from groundwater resulting in brown water events, reduced chlorine residuals, extended system flushing, and customer complaints. The City conducted a pilot study in September 2011 to evaluate the feasibility of various water treatment options. The purpose of this project is to investigate feasible treatment options and implement the preferred water treatment technology at Well 28 located on East Taconic Drive between South Eagle Road and East Hyper Drive. The City intends to construct a greensand (or similar technology) system for their approximately 2,000 gallon per minute (GPM) Well 28. The project will consist of: (1) Establishing iron and manganese removal criteria at Well 28. (2) Completing final design and preparing specifications for the procurement of an iron and manganese removal system from an equipment supplier using a competitive procurement process. (3) Completing final design and preparing a construction document package for City's use in obtaining bids for the construction and installation of the previously procured equipment. Task order 10641.A WELL 28 WATER TREATEMENT FACILITY -DESIGN Page 1 of 15 MOUNTAIN WATERWORKS, INC. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by November 2017 and resulting in Final Design being completed by June 2018. An NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETIONSCHEDULE Task Description Due Date Compensation 1 Project Management and Ongoing throughout project $6,440 Administration 2 Pilot Test (City to determine if 45 days after NTP for this task $20,000 necessary after well remediation by others g Public Meeting and Zoning 90 days after NTP for this task $4,270 Requirement if necessary) 4 Iron and Manganese Removal 180 days after NTP for this task $12,600 Equipment Procurement Package 5 Bidding Assistance - Equipment Dependent on City's Scheduling $4,592 Procurement g Survey and Mapping 30 after NTP for this task $7,880 7 Preliminary Engineering Report 60 days after NTP for this task $32,452 g' Final Design for 90% and 100% 90 days after NTP for this task $118,720 Submittal g Bidding Assistance - Construction of Dependent on City's Scheduling $21,480 the Water Treatment Facility 10 Agency Coordination, Meetings and Ongoing through Tasks 2 through $4,120 Permitting 9 TASK ORDER TOTAL, $232,554 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10641.a is two -hundred thirty-two thousand, five -hundred and fifty-four dollars ($282,554). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF ME BY: TAMMY de W RD, MAYOR Dated:_ /// / 0 / )bt / MOUNTAIN WATERWORKS, INC. BY: ' STUART HURLEY, P.E. Dated: 10126/17 Task Order 10641.A WELL 28 WATER TREATEMENT FACILITY - DESIGN Page 14 of 15 MOUNTAIN WATERWORKS, INC. Approved by Council: f / / ?'/ 120/7 Attest: S C.JAY C ES, MY CLERK Purchasing Approval BY: KEITH= TTS, Purchasing Manager City Project Manager Garrick Nelson OV&j TED AUG4N of � E q� IDIAN&- \� SEAL -) Department Appr641 BY: WARREN STEWART, Engineering Menages Dated: l( Z G — 1.7 Task Order 10641.A WELL 28 WATER TREATEMENT FACILITY - DESIGN Papa 15 of 15 MOUNTAIN WATERWORKS. INC. Major Tasks Mountain Waterworks, lnc. will perform the following tasks on the iron and manganese removal project at Well 28: Task 'l - Project Management and Administration Task2-PilotTest Task 3 - Public Meeting and Zoning Requirements (if necessary) Task 4 - lron and Manganese Removal Equipment Procurement Package Task 5 - Bidding Assistance - Equipment Procurement Task 6 - Survey and Mapping Task 7 - Preliminary Engineering Report Task B - Final Design for 90% and '100% Submittal Task 9 - Bidding Assistance - Construction of the Water Treatment Facility Task 10 - Agency Coordination, Meetings and Permitting s PE OF WORK Task 1 - Project Management and Administration Mountain Waterurorks will provide the overall project planning, management, scheduling, coordination of efforts and the day-to-day administrative tasks required for this Task Order. Progress Reports The project is assumed to require eight months for the water treatment equipment procurement and design of the water treatment facility. Mountain Waterworks will prepare written monthly progress reports. The reports will include the following items: . A written description of the progress of the work accomplished to date.. A summary of project issues and concerns that need to be resolved.o A summary of changes in contract amount or time (if applicable).. Monthly invoices for work completed. Deliverables . Monthly progress reports and detailed invoices Task2-PilotTest Mountain Wateru,yorks will perform a pilot test at Well 28 for up to five (5) days to determine the recommended conditions for iron and manganese removal. processes currently expected to be tested include: . Greensand media filtration. Pyrolusite media filtration Task Order 10641.A WELL 28 WATER TREATEMENT FACILITY - DESIGN MOUNTAIN WATERWORKS. INC, Page 2 of 15 The pilot test will consist of two columns for testing, one for each process, at varying loading rates to establish filter performance criteria. Field tests on the raw water and filter effluent are expected to include the following: Field Testing Parameter Frequency l\,4anganese 60 minutes lron, Total 60 m inutes Ammonia Twice Daily Hydrogen Sulfide Daily Chlorine Solution Strength Daily or more frequently if necessary Daily or more frequently if necessary Alkalinity Daily pH 60 minutes or continuous 60 minutes or continuous Mountain Wateruyorks will coordinate with the City to determine desired free chlorine residual after filter and monitor dosing to achieve it to the extent possible. Mountain Waterworks will assist the City in conducting a taste test of the water produced during various pilot test setups. Report Data produced from the pilot testing will be analfzed to determine the efficacy and efficiency of the tested filter media for iron and manganese removal at varying loading rates. The analysis will also estimate required chlorine dose. lvlountain Waterworks will prepare a draft Well 28 Pilot Study Report containing the results of the pilot test and analysis. The report will include an evaluation of the tested media and treatment processes for full scale use at Well 28 and will serye as a basis of design. After meeting with the City to review the draft report, Mountain Waterworks will prepare a final Well 28 Pilot Study Report incorporating pertinent revisions. Although likely not required by IDEQ, the final report will be provided to IDEQ as an attachment to the Preliminary Engineering Report (Task 7). Deliverables. Draft and final Well 28 Pilot Study Report Task 3 - Public Meeting and Zoning Requirements (if necessary) Mountain Watenvorks will assist the City in obtaining a certificate of zoning compliance. lf the preferred layout of new facilities does not meet setback or other dimensional requirements, Mountain Waterworks will assist the City in obtaining a variance. Mountain Waterworks will specifically provide the following: . Certificate of Zoning Compliance - Mountain Waterworks will prepare submittal package per Planning Department requirements for obtaining a certificate of zoning compliance. Task Order 10641.A WELL 28 WATER TREATEMENT FACILITY - DESIcN I.llOUNTAIN WATERWORKS, INC, Page 3 of 15 Free/Total Chlorine Free Chlorine Residual . Neighborhood Meeting - if authorized by the City, Mountain Waterworks will provide public involvement services that may include mailers, door hangers, or limited door-to-door visits.. Variance Application - lf required by the final design layout, Mountain Waterworks will prepare the variance application for submittal to the City of Meridian Community and Development Services (CDS). This will include one (1) pre-application meeting with the City CDS staff. Task 4 - lron and Manganese Removal Equipment Procurement Package Mountain Waterworks will prepare technical specifications to solicit bids for water treatment equipment for the Well 28 treatment project through a competitive bidding process. Mountain Waterworks will prepare draft performance specifications for the preferred equipment and review it with the City in a Workshop. lt is anticipated that the specifi cations will likely include: . A range of expected well water quality.o The results of the Well 28 pilot testing.. Well production and pressure information.. Equipment performance requirements for removal of iron and manganese and other pertinent parameters. . Requirements for identifying and defining treatment system operational and maintenance costs.. Limitations on backwash flow and volume that are allowed.. Requirements for a guaranty of treatment performance.. Penalties for not meeting the treatment guaranty.. Requirements for submittals, training, startup, and operations and maintenance manuals. Deliverableso Draft and final technical performance specification for treatment equipment in electronic (PDF & word) format. Task 5 - Equipment Procurement Assistance Mountain Waterworks will assist the City during the procurement process of the water treatment equipment in responding to technical questions from prospective bidders. Mountain Waterworks will assist the City's evalualion and selection of the proposed treatment equipment following the receipt of bids through the competitive bidding process. lt is anticipated that the technical information to evaluate will likely include: . Bidders'qualifications. General product information. General layout drawings Task Order 10641.A WELL 28 WATER TREATEMENT FAClLlry - DESIGN MOUNTAIN WATERWORKS, INC. Page 4 of 15 . Product performance information. Treatment system operational and maintenance costs. Example project installations. References The City will administer the equipment procurement process. Mountain Waterworks will assist the City in responding to technical questions that the City is unable to answer through the review of the Contract Documents. Deliverables. Attend the pre-bid conference. Written responses to technical questions.. Participate in the review of bids and selection process. Technical evaluation of treatment equipment submittals and concurrence of City's recommendation of award of procurement contract. Task 6 - Survey and Mapping Mountain Waterworks will provide topographical survey and prepare base mapping for the design of the water treatment facility at the existing well site and for the drain line outfall alignment to existing sanitary sewer main located onsite as a single B-inch line orto the proposed 1O-inch line located north-east of the facility in the pre-platted development. lt is anticipated that the effort will include: . Research and Utility Request: Research available land monuments, plats, records of survey, right-of-ways, and recorded easements on the project site. Contact utility companies prior to survey via Dig-line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field, or located by the utility or Owner. lt is assumed that the City will provide Title Reports for all properties that will be encroached upon by the proposed project.. Survey Control: Establish survey control at the site and along the outfall line alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.l.S. system, and vertical control based on NAVD'1988. Right-of-ways (ROW's) will be established and shown on the base map using Ada County G.l.S. data. Any land monuments will be located and shown where found from visual observations during the field survey. Well lot lines will be developed from fleld measurements and recorded plat information.. TBM's: Establish temporary construction benchmarks (T.B.M.'s) at two locations on the well lot.. Topographic Survey: Complete topographic survey as previously described herein. For the purposes of this scope and fee proposal, it is assumed that survey will include existing observable features such as building corners, sidewalks, fences, edge of roadways, power poles, and utility boxes, found property pins, and structures. Existing utilities shall be located to the extent that they are visibly marked by the utility companies.. Base Mapping: Prepare topographic mapping in Civil 3D 2018 at a 1" = 20' scale,22"x34". Topographic features will be depicted using accepted Mountain Task Order 10641 .A WELL 28 WATER TREATEI\,IENT FACILITY - DESTGN page S of i 5 MOUNTAIN WATERWORKS, INC. Waterworks standard symbols. Topographic features will be shown on the design plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, edge of pavement, face of curb, sidewalks, striped roadway centerline, guard rails, signal poles, signs, mail boxes, face of retaining walls, telephone risers, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on Project. Property lines will be shown based on Ada County G.l.S. mapping. Contours at one-half lool (112') intervals will be generated. Roadway will be cross-sectioned at 50' intervals on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Deliverables. Base mapping pdf with 0.s-foot contours intervals of the project site, including the drain line outfall to the existing or proposed sanitary sewer. Task 7 - Preliminary Engineering Report Mountain Wateruyorks will prepare a preliminary engineering report (PER) for the facility in compliance with IDEQ rules IDAPA 58.0'1.08, Section 503. A conceptual design based on the City-selected equipment in Task 3 will be developed in a workshop approach with the City. The single workshop will address: . Building and equipment layout and equipment selection. New building versus building expansion evaluationo Site layout. 3Oo/o design drawings:o Title Sheet o Site Civil Plano Design Criteriao P&lD o Building Layout & Concept Floor Plano Building Elevationo Document capacity in adjacent sanitary sewer to receive backwash. Operation and maintenance considerations. Site source power evaluation The results of the workshop will be developed into a PER for City and IDEQ approval. The PER will identify design criteria, site constraints, code requirements, permitting and entitlement requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and control of the facility. A geotechnical report for use in footing/foundation and stormwater facility design will be completed and included in the PER. A general building and equipment layout plan will be included. A conceptual level cost estimate will also be provided in the PER. Six (6) copies of the PER will be submitted to the City for initial review. Following the City's review, the report will be updated and provided to the City for submission to the IDEQ as the Preliminary Engineering Report for approval. Task Order 10641.A WELL 28 WATER TREATEMENT FACILITY - DESIGN page 6 of 15 MOUNTAIN WATERWORKS. INC, Mountain Watenvorks will incorporate applicable PER to IDEQ and the City. Deliverables. Draft PER for City Review. Final Draft PER for IDEQ Review. Final PER for City and IDEQ Approval IDEQ comments and publish a final Task 8 - Design (50%, 90% and 100% Submittals) Mountain Waterworks will prepare civil, mechanical, electrical, architectural and structural design and prepare plans and specifications for the construction of a treatment facility for iron and manganese removal at Well 28 at a design flow. The facilities included in the design will be as described in the PER from Task 7. Design elements will include the following: . lron and manganese removal equipment including filters, media, backwash controller, backwash flow meter, backwash flow control, pressure relief valve, piping, and other related appurtenances.. Electrical power and controls for the new treatment and building equipment. The existing building will be evaluated for expansion (wood framed) or demolition of the existing building and construction of a new CMU building in Task 7. lf the existing building is expanded, architectural and structural design elements will be in the same style as the existing building. lf Task 7 determines that building expansion is not feasible or desirable to the City, a new CMU building will be designed.. Lighting, heating, and ventilation for the new building. Lighting is assumed to be industrial, chemically resistant fluorescent lighting. Heating is assumed to be ceiling-mounted industrial electrical space heaters. Ventilation will be provided by wall and ceiling vents.o On-site yard piping improvements needed for the new treatment equipment.o Drain line to the existing sanitary sewer main. A preliminary list of expected design drawings is aftached (Attachment A). Drawings and specifications will be submitted to the City for review and approval at 50%, 90% and 100% completion. Up to six (6) hard copies of the 50% and 90% submittals will be provided to the City, and ten ('10) sets of the 100% submittal, plus an electronic copy (PDF and AutoCAD in accordance with GIS Standard) of the 100% submittal, will be provided to the city. The city will submit final drawings and specifications to the lDEe for review and approval. An engineer's opinion of probable construction cost will be updated and submitted with the 90% documents. The City may require up to ten days for review of the 90% submittal and the state will require up to 30 days for review of the 100% submittal. Subtask 8.1 - 50% Design Mountain Waterworks will develop preliminary design plans based on the approved pER. The preliminary design plans will include a site plan, building floor plan, piping and equipment plan, building elevations, and preliminary electrical and control plan. The 50% Task Order 1064'l.A WELL 28 WATER TREATEMENT FACILITY - DESTGN I\4OUNTAIN WATERWORKS. INC, Page 7 of 15 design package will include preliminary technical specifications (not including architectural, mechanical or electrical) and a preliminary Opinion of Probable Construction Cost. Provide 50% plans to City for initial review. Deliverables . 50o/o Complete preliminary design Plans, six (6) copies at scale TBD to City. . Preliminary Opinion of Probable Construction Cost. Subtask 8.2 - 90% Agency Review Design, Plans and Specifications Mountain Watenarorks will finalize design of structures, equipment, major plant piping, process, site plan to allow flnal detailing of the same during the '100% design activities. Specific activities, and work products from 90% design including the following: Project Management . Conduct constructability review. Conduct operability review. Update engineer's opinion of probable construction cost. Coordination with treatment equipment vendor Givil o Finalize building and major site element horizontal locations.. Finalize floor/control levels and flnished grades.. Define contractor staging, storage, and off-site access corridors.. Prepare site grading, drainage, landscape and Temporary Erosion Sediment Control plans. Prepare yard piping and drain layouts.. Prepare access road revisions to building.. Prepare technical specifications.. Senior staff will complete an internal QC review.. Erosion and sediment control plan in accordance with City of Meridian requirements. Architectural . Finalize building floor plan and elevations for building.. Finalize the structural design concepts for the building.. Review applicable codes for the building with City Building, Plumbing, and Electrical Officials and the Fire Marshal. Complete building and fire code analysis.. Prepare technical specifications.. Senior staff will complete an internal QC review. Task Order 10641.A WELL 28 WATER TREATEI\rENT FAClLlry - DESIGN MOUNTAIN WATERWORKS, INC. Page 8 of 15 Structural . Complete structural design for new building and selection of materials of construction.. Prepare framing plan for building.. Prepare final floor plan for building.. Prepare technical specifications.. Senior staff will complete an internal QC review. Process o Final major equipment sizing calculations-. Coordinate with instrumentation and control system (l&CS) on completion of P&lD's.. Senior staff will complete an internal QC review. Mechan ical . Calculate the hydraulic profile for all major gravity process pipelines and hydraulic structures. Establlsh maximum and minimum water surface elevations for all process tanks.o Coordinate with architectural and structural team on preparation of building layout. Assemble catalog cuts for all major process equipment. Complete equipment data sheets or equipment list on all major equipment items to include asset tags per City of Meridian Asset Management Guidelines.. Coordinate with l&CS in the finalization of P&lD's.. Finalize ancillary equipment sizing and line sizing calculations (chemical storage, feed and delivery systems, etc.).. Final equipment selection (type, size, weight, and arrangement).. Finalize selection of piping materials.. Prepare technical specifications.. Senior staff will complete an internal QC review. HVAC/Plumbing . Energy compliance documents for the mechanical systems.. Prepare mechanical specifications as required.o HVAC load calculations and sizing of new HVAC systems as required.. Ductwork sizing and layout.. Assist in obtaining approval of mechanical/plumbing documents from reviewing agencies.. Subconsultant will coordinate with Mountain Watenvorks and other subconsultants on applicable items for City's SCADA integration.o Subconsultant will assist Mountain Waterworks in obtaining approval of mechanical documents from reviewing agencies. lnstrumentation and Control . Design to upgrade control system to current City standard. Task Order 10641.A WELL 28 WATER TREATET\,4ENT FACtLtTy - DEStcN MOUNTAIN WATERWORKS. INC, Page I of 15 . Develop P&lD.o Develop design package to replace the existing control panel and reconnect existing instrumentation to the new control panel.. Develop control panel drawings suitable for UL construction.. Prepare instrumentation and control specifications as required.. Subconsultant will coordinate with Mountain Watenrrorks and other subconsultants on applicable items.. Subconsultant will assist Mountain Waterworks in obtaining approval of instrumentation and control documents from reviewing agencies. Electrical . Service load and standby power calculations.. Site lighting.. lnterior lighting.. Power distribution.. Energy compliance documents for lighting systems.. Prepare electrical specifications.. Subconsultant will coordinate with Mountain Waterworks and other subconsultants on applicable items.. Subconsultant will assist Mountain Watenvorks in obtaining approval of electrical documents from reviewing agencies. Quality Control Mountain Waterworks and subconsultants will perform quality control (QC) reviews by a senior engineer to provide an independent review of the 90% design prior to submittal to City. 90% Design Workshop Mountain Waterworks will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. Mountain Watenryorks will implement City and agency review comments from the g0% review as warranted. completion of the final design will include plans, technical specifications, bid schedule and the Engineer's Opinion of Probable Construction Cost. These items will be submitted to the City for bidding purposes. Subtask 8.3 - 100% Contract Document preparation Mountain Waterworks will complete final technical contract drawings and specifications for competitive bidding. Key activities during this phase will include: Design Management . Conduct final reviews and incorporate g0% design review comments. Contract Document Completion . Prepare final construction drawings.o Prepare final technical specifications. Task Order 10641.A WELL 28 WATER TREATEMENT FACtLtTy _ DESTGNMOUNIAIN WATERWORKS, INC, Page 10 of '15 . Prepare final calculations.. Complete final checking and coordination review, agency permitting compliance reviews. lncorporation of Final Review Comments Mountain Waterworks will modify the contract documents to reflect all agreed upon g0% review comments from the City, IDEQ, ACHD and [\Iountain Watenrvorks' quality control review. The final documents will then be provided to the City for submission to IDEQ for review and approval. These plans will be incorporated into the building permit package in Task 10. Task 9 - Bidding Assistance - Water Treatment Facility Mountain Waterworks will assist the City during the bidding process for the construction of the new water treatment facility in responding to technical questions from prospective bidders. The City will facilitate the bidding process. Mountain Waterworks will assist the City in responding to technical questions that the City is unable to answer through review of the Contract Documents for City's use in preparation of addenda. Deliverableso Written responses to technical questions submlfted during the bidding. Task 10 - Agency Coordination and Permitting Mountain Watenarorks will assist the City with agency approval process. Mountain Waterworks shall submit the plans, on behalf of the City, specifically limited to the following:. DEQ PIan Approval. Complete the DEQ Checklist and submit copies of the design for review. Mountain Waterworks shall make required changes to the plans and specifications based on their review.. Ada County Highway District Plan Approval. Submit copies of the design to the ACHD for review and approval of the off-site sewer line.. City of Meridian Building Permit. Complete the Building permit application and submit copies of the design for review. Mountain waterworks will meet with the Building Department to discuss their review of the plans, if necessary. Required comments will be integrated into the plans and resubmitted for review and approval. This process is estimated to take one (1) month. This excludes revisions that require modification to the base design. ASS UMPTIONS while preparing our scope of services and fee estimate, we have made the followingassumptions: 1 . The City will provide to Mountain Waterworks the following for Well 2g: Task Order 10641.A WELL 28 WATER TREATET\,tENT FACtLtTy _ DESTGNMOUNTAIN WATERWORKS, INC.Page 'l l of 15 a. Updated water quality information for Well 28 and results obtained from the September 2011 Pilot Testing. b. Record drawings for Well 28, including the well construction log and the pump station. c. Pump curve and pump setting information for the well pump as currently installed. d. Historical geotechnical reports and/or drilling logs for the Well 28, as available. e. A legal description for the existing Well 28 lot.f. Site access for Mountain Waterworks to locate equipment and personnel at Well 28 to perform the pilot test. The City will also provide power (1 10 VAC) for injection equipment and lighting. g. Provide SCADA l/O standards and guidance to Mountain Waterworks on the requirements of the instrumentation and controls and SCADA systems for the project. h. Standard City PLC specifications for incorporation into the project. 2. The City will provide the following during any bidding or procurement process: a. All bidding and contract documents including, but not limited to, advertisement for bids, bid forms, contacts/agreements, condition of the contract, award, bonding and insurance requirements. b. lncorporate Mountain Waterworks' technical specifications and drawings into Bidding and Contract Documents using the City's contracting boiler plate to bid procurement of the treatment equipment. c. Provide all administration to bid and procure the iron and manganese removal water treatment equipment. d. lncorporate Mountain Watenrvorks' technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction and startup of the water treatment facility. e. The City will distribute the Bidding and Contract Documents for the construction of the iron and manganese removal water treatment facility.f. Following a review of the bids received for the construction of the water treatment facility, the City will award and execute a contract with the successful bidder. 3. The City will: a. Provide on-going review of Mountain Waterworks' work and timely consideration of design issues within a time acceptable to the City and Mountain Waterworks. b. Pay for all permits and fees needed for the project. c. Provide project manager to serve as a liaison with other city departments and divisions to facilitate the project reviews and approval process. Ta,sk Order 10641.A WELL 28 WATER TREATEMENT FACtLtTy - DESTGNMOUNTAIN WATERWORKS, INC Page 12 of 15 4. Mountain Waterworks will: a. Utilize an electronic platform for transmission of project documents including invoicing, reports, any electronic plan submittals, and construction submittal review. 5. Assumptions: a. The bidding of the iron and manganese removal water treatment equipment will be open to both greensand and adsorptive types of water treatment systems that meet specified performance requirements. b. The wastewater from the facility will be discharged to the City's existing sanitary sewer system utilizing either the existing 8 inch sewer stub to the northwest or proposed 10 inch sewer main to the northeast. There will be no backwash storage tank. The City has verified that one of the existing sanitary sewer mains has adequate capacity to receive and convey the equipment backwash water. c. Space is available in Well 28 to house the chemical feed facilities for the new treatment process and that large external storage tanks will not be required. d. Space is available on the existing lot for on-site storm water disposal.e. lt is assumed that a fire suppression (sprinkler) system will be required.f. The existing electrical service to the site is capable of accepting the electrical loads associated with the demands for this new equipment, building, and associated appurtenances. An evaluation to verify this assumption is included in Task 7. g. A SWPPP plan will not be required. h. One meeting will be held between the City and Engineeis electrical/instrumentation/control subconsultant during design phase.i. The filter panel, programming and startup will be provided by the manufacturer for the process equipment. SCADA and base station programming will be included as part of the Construction Services Task Order. 6. Construction Services a. services during construction of the water treatment facility are not included in this Scope of Work. A separate scope of work and associated budget will be prepared after the bidding of the construction of the water treatment facility. Iask Order 10641.A WELL 28 WATER TREATEMENT FACtLtTy - DESTGNMOUNIAIN WATERWORKS, INC Page 13 of 15 TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by June 2018. AnNovember 20'l 7 and resultin g in Final Design being completed by NTP issued on a different date will change the schedule accordingly COMPENSATION AND GOMPLETION SCHEDULE Task Description Due Date Compensation 1 Project Management and Administration Ongoing throughout project $6,440 2 Pilot Test (City to determine if necessary after well remediation by others) 45 days after NTP for this task $20,000 3 Public Meeting and Zoning Requirement (if necessary) 90 days after NTP for this task $4,270 4 lron and Manganese Removal Equipment Procurement Packaqe '180 days after NTP for this task $ 12,600 5 Bidding Assistance - Equipment Procurement Dependent on City's Scheduling $4,592 6 Survey and Mapping 30 after NTP for this task $7,880 Preliminary Engineering Report 60 days after NTP for this task $32,452 I Final Design for 90oh and loooh Submittal 90 days after NTP for this task $1 18,720 9 Bidding Assistance - Construction of the Water Treatment Facility Dependent on City's Scheduling $21 ,480 10 Agency Coordination, lvleetings and Permittinq Ongoing through Tasks 2 through 9 $4,120 TASK ORDER TOTAL: $232,554 The Not-To-Exceed amount to complete all services listed above for this Task Order No. 1064'1.a is two-hundred thirty-two thousand, five-hundred and fifty-four dollars ($232,554). No compensation will be paid over the Not-to-Exceed amouni without prior written approval by the city in the form of a change order. Any and all travel will only be reimtursed if pre-approved by the Project Manager, and only per the city of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre-approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not-To-Exceed rask order Total per the compensation and completion schedule above. CITY OF MERIDIAN BY MOUNTAIN WATERWORKS, INC. BY:I TAMMY de WEERD, MAYOR STUART HURLEY, P.E Dated:Dated Task OrdeJ 't0641.A WELL 28 WATER TREATEMENT FACILtTy _ DEStcNI\4OUNTAIN WATERWORKS, INC, 10126117 Page 14 of 15 7 City Of Uoridian Statement of Revenues and Expenditures - Rev and Exp Report - sandra - Unposted Transactions rncluded In Report 60 - Ent64>!ise Eund 3490 - t{at€r Construction PlojectB rror'i lO/l/201-t rhrough 9/30/2018 Budget with Act r.ra l- Budget Rema i ning 800,000.04 800,000.04 .0q .00 800,000.04 800,000.04 100.00i 100.001 Capita-I Out-Iay Well *28 construction Total Capital Outlay DEPT EXPENDITURES TOTAL EXPENDITURES Percent of Budget Remainj.ng 9 6165 0 0 0800,000.04 800,000.04 00 0.00 q00&00 Q9 800,000.04 100. qo* 100.00* Datet ta/25/t) 04:17 | 43 pM IDSOS Search Results Search Result Summary IDAHO SECRETARY OF STATE Search Results Page 1 oi 1 Lawerence Denney, Secretary of State Filed 17 Mar 2OO4 CO RPORATIO N GOO DSTAN DI N G I New Search ] Search Results I through 1 ( MOUNTAIN WATERWORKS, INC. ... MOUNTAIN WATERWORKS, INC. ) MOUNTAIN WATERWORKS, INC. rview oetaitst Organizatjonal ID / Filing number: C153668 PO BOX 9906 BOISE, ID 83707 Idaho Secretarv of State's Main Paqe State of ldaho Home Paoe Comments, questions or suggestions can be emailed to: sosinfo@sos. idaho.oov https ://www.accessidaho. org/publ iclsos/corp/search.html 10127 t2017 02t0712017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. A,CORD' PROOUCER The Hartwell Corporation PO Box 400 Caldwell, lO 83606 MOUNWAT.Ol CERTIFIGATE OF LIABILITY INSURANCE Nancy Hughes-Weiserc PHONE -['ffi!o nanCypqenartw-IIcorp.com !@q, !9)r tNsuREo _ TNSUEER(S) AEEORollqcOVl!4GE _ rNsu&ER 4 : Tratlelers hde[]ritv Co of Am. -!!LsuREE! : PIqe n!!!!s U@n ce Compa!y l!su!E8 c:Tral4elelE lqasualttr ald Surety -!!LSrtE!B! , X!spectaltytsu ra nce Cq. INSIJRER E INSURER F 31194 0\ 37885 )< IMPORTANT: lf the ce.tificate holder is an AODITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION lS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer ts to the certificate holder in lieu of such endorsemen CERTIFICATE N REVISION NUMBER B autouogrre unerury _l ] arv ruro OIM!ED AUTOS ONLYJ ,,*.o X CAIa2o SCHEDULED AUIOS 8A.4D576846 uB-3885T431 COMBINEO S]NGLE L]M TlEaaccEen!-L - I 07123t2016 0712312017 . uoq4" ry4q" 1qe4e1eo1p, q0DlLY 1NJURY lPellqc dedL! PcOol Rn DAI'IAGF(P+ ad.oe.. $ 1,000,000 NON OIINEI) AUTOS ONLY UMBRELLA LIAB EXCESS LIAB OCCUR C LAIMS.I'JIAOE $ REIENT]ON $ OTH. ER 0311612017 03/16/2018 EL EAclflccrDENr $500,000 500,000 500,000 c WORKERS COMPENSA']ON ANO E PLOYERS. L|ABILITY ANY PROPR ETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOED2 PER - STAIUIE N N I E L DISEASE. EA EMPLOYEE $ OF OPE L DISEASE. PDional Liab R9802669 03/16/2016 03116120,17 Each CtaimD 510.000 deductible DPR9802669 03/16/2016 0311612017 Aggregate oPERATToNS / LocanoNs / vEHrcLEs racoRD ,ol, addnronar Rem.rk schodure, mav be attlched ir morc spacs rs rcquirod) TI EH $ 1,000,000 2,000,000 N AUTHORIZED REPRESENIA TIVE A,/Li City of Meridian 33 E B.oadway Ave Meridian, lD 83642 IN THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INOICATEO NOTWTHSTANDING ANY REQUIREMENT, IERM OR CONOITION OF ANY CONTRACT OR OTHER OOCUIUENT l^,/]TH RESPECT TO VWTICH THIS CERTIFICATE MAY BE ISSUED OR i.4AY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDIIIONS OF SUCH POLICIES LIMITS SHO\^/N MAY HAVE BEEN REOUCED AY PAID CLAIMS EXCYLIETYPE OF INSURANCE POLICY NUIiBER LIMlls MED ExP (Anv one lerenj _!L JERSONA! & ADV INJURY $ GENERAL AGGREGATE $ PRODUCIS. COMP/OP AGG $ [--l$ 1,000,000 03r16120't7 03t1612018 PREMISES lEa o@ur€.c6) $ THER T A couuencrel cENERAL Ltlarury I CLAIMS{IAoE OCCUR x 680-9G4s0266 10,000 '1,000,000 2,000,000 2,000,000 JACH OCClErENCq DAI\'AGF TO RFNTFII _ ]eotrcv 1 l![p; f ]roc L] l qE!,', ^nn^r*. .,r,, aPrlqs PER: DED ACORO 25 (2015/03) The AcoRD name and togo are registere. .":*:'"t';':;t* ACORD CORPORATION o All rights reserved. LPERRY Mountain Waterworks, lnc. '116, W. River Streel Suite 130 Boise, lD 83702 256t8 9i I EACH OCCURRENCE 3GGRFGATE . $ I SHOULD ANY OF THE ABOVE OESCRIAED POLICIES BE CANCELLED BEFORE I IE""5JilHir,T, ?iI?"Lt\.11K"i[1T i wni -il - D;ift E; fi i COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The lollowing is added to WHO lS AN INSURED (Section ll): Any person or organization that you agree in a "conlract or agreement requiring insurance" lo in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury', "property damage" or "personal injury" caused, in whole or in part, by your acls or omis- sions or the acts or omissions of lhose acting on your behalf: a. ln the performance of your ongoing opera- tions; b. ln conneclion with premises owned by or rented to you: or c. ln connedion with 'your work" and included within the'products-completed operations nazatd". Such person or organization does nol qualify as an additional insured for "bodily injury', "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreemenl. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for wtlich cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to lhe render- ing of or failure to render any ,,professional services". f. The limits of insurance affoded to the addi_tional insured shall be the limits which you agreed in that "contrad or agreement requir- ing insurance,, to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage part, whichever are less. This endorsement does not increase thelimits of insurance stated In the UMITS Oi INSURANCE (Section lll) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other lnsurance in COMMERCIAL GENERAL LIABILITY CONOITIONS (Section lV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basls, or a primary and non-contributory basis, this insurance is primary lo other ansurance that is available to such additional insured which covers such addF tional insured as a named insured, and we will not share wrth the other insurance, provided that: (1! The 'bodily injury" or "property damage" for whrch coverage is sought occurs; and (2) The "personal injury'for which coverage is sought arises out of an offense committed; affer you have entered into that "contrad or agreemenl requiring insurance". But this insur- ance slill is excess over valid and collectible other insuranc€, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to paragraph g. Transfel Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL UABtLtry CON- DITIONS (Section tV): We waive any rights of recovery u/e may have againsl any person or organization because ofpayments r,ve make for ,,bodily injury,,, -property damage" or "personal injury,, arising out of ,.your work' performed by you, or on your behalf, under a "contracl or agreement requiring insurance" withthat person or organizalion. We waive theserights only where you have agreed to do so aspart of the ',conlract or agreement requlring insur-ance" with such person or organization lntered into by you before, and in effect lvhen, the,bodily cG D3 8t 09 07 @ 2007 The Travelers Companies, lnc.hcludes tie copyrighted matenal of Insuranc" S"ri"r" O#,"a, fn"., with its permission Page 1of 2 COMMERICAL GENERAL LIABitITY injury" or "properly damage" occurs, or lhe .per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Seclion V): "Contract or agreement requiring insurance', means that part of any contracl or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily iniury. and "property damage" occurs, and the "personal in- jury" is caused by an offense commifled: a- After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effecl: and c. Before the end of the policy period. Page 2 ot 2 @ 2007 The Travelers Companies. lnc.lncludes the copyrighted material of tnsurance Services Office, lnc . uth its flermBston cc D3 81 09 07 Meridian City Council Meeting DATE: November 8, 2017 ITEM TITLE: ITEM NUMBER: 7 PROJECT NUMBER: Approval of PO # 18-0084 for City Prosecutor/Criminal Legal Services for FY 18 to the City of Boise - Attorneys Office for the Not -to -Exceed amount of $359,705.87. This PO is issued in conjunction with the 15th addendum dated Oct 10, 2017 to the Agreement for Prosecutor/Criminal Legal Services dated Nov 1,2002 MEETING NOTES r� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C.Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GG: Jeff Lavey Date: 1012012Q17 Re: Nov. 7th City Council Meeting Agenda ltem The Purchasing Department, on behaff of the Police Department, respectfully requests that the following item be placed on the November 7th City Council Consent Agenda for Council's consideration. Approval of PO # 18-0084 for City Prosecutor/Criminal Leqal Services FY18 to City of Boise - A m of 59 705.87. This Purchase Order rs issued in conjunction with the 1 Addendum dated Oclober 10, 2017 to the Agreement for Prosecutor/Criminal Legal Services dated November '1, 2002. Recommended Council Action: Approval of PO# 18{084 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $359,705.87. . Page '1 City of Meridian Purchasing Dept. Thank you for your consideration. ?){,YY Purchase Order Attention: ScottColaianni 10t20t2017 18-0084 CITY OF' MF],RII)IAN 33 EAST BROADWAY AvE. MERIDIAN, tD 83642 (208) 888-4433 Billing Address: Shipping Address: Shipping Method: FOB: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 Meridian City Police Dept. 1401 Watertower Meridian, lD 83642 Vendor Address: CITY OF BOISE ATTORNEYS OFFICE ATTN: KOURTNEY FAIRCHILD PO BOX 500 BOISE, lD 83701-0500 N/A N/A Description unit Quantity Unit Price Total City Prosecutor/Criminal Legal Services - FY2018 1.00 359,705.87 Purchase Order Totall $359,705.87 Purchasing Manager: Special lnstructions Contract PO per Addendum No!to-Exceed $359,705.87 #15signed by Mayor and Approved bycitycouncil 10/10/17. original Agreemenl daled 111'l12002 . 01-2i10-55105 case # 58220 follars 3s9705.87 CITY OF MERIDIANo&f'K:)-Purchasing Oepartment 33 E BROADWAY AVE. STE 106 MERIOIAN, ID 43642 TEL (2O8) 489-0417 FAX (208) 887-4813 EtrE CITY OF MERIDIAN Police 10t19t2017 SUGGESTED VENDOR IS AUDGET AMENOMENT REQUIRED? noBoise City 150 N. Capital Blvd Boise, lD 83702 CASE MANAGEMENT TICKET NO. 58ZZO BUDGET AMOUNT $359,70s.87 Purchase Requisition PURCHASE ORDER NUfrlEER MUST APPEAR ON AIL INVOICES. PACKNG SLIPS CARTONS AND CORRESPONOENC€ REIATEO TO THIS OROER NET 30 YMENT TE TERMS EPAID F,O,B, DESTINATION REOUESTOR Lt. Scott ColaianniLt.Scott Colaianni Boise City Legal Services ContractPROJECT NAME: 1 s 359,705.87 6t ?J1o <rr.ze.qE"$ 3s9,705.87 -<t/d'5 $ ear 1FY 7 I1trnclatfoUBdetrcesoCr)o Ia SeerofSIsP S $ S sI s $ $3s9,70s.87 t council Approval Date:NOTES: IIIIITII ACCOUNTING CODES FUNO TOIAL AMOUNT II I IIIII nd PricinQur!l!E-3Descrition ol Purchase DEPT CODE EXPENSE OR PRoJEoT / GL ACCOUNT # COMMITMENT #PART NUMBER ' 9ESCRIPIION ' COMMITMENT NAME 'TASK ORDER ' CONTRACT ' PROJECT DESCRIPTION QTY UNIT UNIT PRICE DATE OF REQUEST t: E City Of Meridian Statement of Revenues and Expenditures - Rev alrd Exp Report Eron l0/L/2A1'7 Through 9/30/2018 Karen Budget wlth OPEBATING COSTS Legal Services - Prosecution TOTAI OPERATING COSTS 31 ,151.0 0 - 113 16t-11 113,16110 q 373,161.00 55105 0.00 0.=0 0 0.00DEPT EXPENDITURES TOTAL EXPENDITURES Datet lo/2o/11 l1:4,?:52 Ar{ Ac!ual 0.00 txHlBl l A ADDf,NDUM NO. I5 TO,,\CRf,E}II',\1' I-OR C:I1'Y PROSI'CL'I'OR-/CRII}IINAL LECAL SERVICU,S DATED NOVF],M BF:,R I.2()()2 THIS ADDENDUM No. l5 is entered into the 10th day of October 2017, by and between the City of Meridian (hereinafrer "Meridian") and the City of Boise (hercinafter "Boise") for the purposc of amcnding and cxtcnding thc Agrccnrent lbr CiLy ProsccLrtnri Criminal Lcgal Serviccs datcd Novcmber l, 2002. WIIEREAS, on NovembEr l. 2002, Meridian and Boise cntcred into an Ageement for Boise to providc ccrtain prosccutorial scrviccs to Mcridian; and WHEREAS, the Agreemcnt was extended and modified by Addendums approved in 2003.2004, 2005,2006,2007,2008,2009,2010.201l,2012,2013,20r4,2015,20r6.2017; and WHEREAS, Meridian and Boise desire to rnodify certain terms of the Agreement related to the amount of paymenr; and WHEREAS, Meridian and Boise desire Io extend the Agreement as modified for an additional one (l)yearterm. NOW THERf,FORf,, in consideration of thc foregoing. Mcridian and Boisc agree to amend that cenain Agreement for City Prosscutor.icriminal Legal Services datcd Novcmber l, 2002, as follows: I . That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Mcridian agrccs to pay Boisc for thc scrviccs rcndcrcd pursuant to the terms of this Agrecment as follows: 4.1 As co:npensation for all Prirnary Legal Senices, including out-of-pocket expenses incurred by Boise in pefoming the Primary Legal Sewices, Meridian shall pay Boisc the toaal.sum of twenty-nine thousand ninc hundred and sevenry-five dollars and 49/l00ths ($29,975.49)per month, tbr an annual tolal cost ofthree hundred fitty-nine thousand seven hundred and five dollars and 87/ I 00ths (S359,705 87) 4.1.1 4.t.2 Payment of Primary Legal Services shall be paid by Meridian lo Boise on or before the 20'h day ofthe following month. Boise shall provide Meridian with a monthly itemized invoice of all legal services performed at the reques! of Meridian beyond the Primary Legal Sen ices (including all outof-pockel ex- penses). Provided the invoice is received by tbe 5'h ofthe rnonth, Meridian shall remit palment to Boise by the first business day ofthe following month. 2. That Section 9 ofthe Agreement is hcrcby modified to read as follorvs: POSSIBLE EXTENSION OF TERM OF AGREEMENT: ThC parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension FY * 201 8, aftached hereto as Exhibit B. Meridian Addendum No. I 5 Page 1 3. Except as modified by this Addendurn No. 15, the original Agreement for the City ProsecutorlCriminal Legal Seruices between the City of Meridian 1d the City of tsoise dated November l, 2002, which incorpomtes Addendums Nos. 1,2,3, 4, 5, 6, 7, 8, 9, 10, I l, 12, | 3, and 14 shall remain in full force and effect. IT IS SO AGREET). IN WITIIESS WHEREOF, the parties have executed this Addendum No. 15 on this 19tI_ day ofOcrobor 2017. CITY OI' MORIDIAN I]Y: CITY OF BOISE he i{h f5r "t Cor-rncil resl denl I ,,, G)r,. (Lb.-, o,', o,,, rFoffi;IAMi; ATfEST: BY: C ity erk ATTEST: sv, g1-,2,{r,-"r-10t10t17 fflffiu t-n*.l,,Eorrrcio city ctex P Co Meridian Addendum No. 15 Page 2 ).u' %ope (ffl angry*y # a,uTa*#) eqb) \n^]Jr () l\.\.L002_- c1.g.Z)CJ RESOLUTION #o2- 31+ BYTHE COUNCIL: BIRD, DEWEERD, MCCANDLESS' NARY A RESOLUTION RATIFYING THE MAYOR AND CITY CLERK'S SIGNATURE AND APPROVING THE AGREEMENT FOR THE APPOINTMENT OF THE CITY OF BO]SE TO PERFORM PROSECUTORIAL AND POLICE LEGAL ADVISOR DUNES FOR THE CITY OF MERIDiAN; DESIGNATING THE Cfi OF BOIS= CITY ATTORNEY OR HER DESIGNEES TO REPRESENT THE CITY OF MERIDIAN IN ALL CRI[iiNAL MATTERS BEFoRE couRTs oF THE 3ru AND 4n JUDIcIAL DlsrRlcrs As PROSECUTING ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNC'L OF THE CITY OF MERIDIAN, IDAHO: WHEREAS the City of Meridian had publicized a Request for Proposals in September ol 2OO2 for prosecutorial seryices to be performed; and WHEREAS afler submittal and presentation to the Meridian City Councjl the City Attomey's office for the City of Boise was selected to perform that service for fiscal year ending September 30; 2003; and WHEREAS pursuant to the Agreement the City Attorney of the City of Boise and her designees are hereby appointed and authorized by ldaho Code 950-204 to act as Prosecuting agency for all criminal matters and Police Legal Advisor for the City of Meridian until september 30, 2003 unless terminated or extended consistent with the terms of the Agreement NOWTHEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: section 1 . That the Agreement by and between the city of Boise city and the city of Meridian , a @9y of said Agreement marked Exhibit ,'A,, attached hereto and incorporated herein by reference, be, and the same is hereby, approvsd as to both form and content. section 2. That the Mayor and city crerk have signed said agreement to be in Page 1 ol 2 conformance with the starting date of the Agreement of November 1, 2002, we ratify said signatures on behalf of the City of Meridian. Section 3. That this Resolution shall be in Jull lorce and efiect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, ldaho, this 6 /! a"y of 4/ot <*-bz r^2002 APPROVED by the Mayor of the City of Meridian, ldaho, this 6 4 A"y of y'/one*- 6zr 2002 AP ERT D,R - MAYOR ATTEST OF D o/*L.5 WLLIAM G. BERG, JR.cr CLERKZ rs1 SEAL Pege 2 oI 2 CERTIFGANON OF THE CITY CLERK OF THE CITY OF MERIDIAN l, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada Countv. State 02: i ?+of ldaho, do hereby certify that the attached copy of Resolution No pa by he City Council of the City of Meridian, on this 64 day of 2002, is a true and conect copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian.cf EI/ILLIAM G. BERG, JR STATE OF IDAH County of Ada, On this t l+- l_0 : ss. ) aav os 'lkY(trnlx',t , in the year 2o02, bdore th"r&*w me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, ldaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ..td-N-{.tj,. ..*%b"^e;..fi.. .ll.(SEAL):i il?\. ,t: 'ttffi$;,t':'' Notary Public of ldaho Commission Expires:o4^Z{of r rgl SEAL CERTIFICATION OF THE CIry CLERK OF THE Ctry OF MERIDIAN AGREEMENT FOR CITY PROSECUTOR / CRIMINAL LEGAL SERVICES This Agreement for city Prosecutor/Criminal Legal seNices (hereinafter referred to as "Agreement") is made ,n, fo^, of tl/auertrlcrr.2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of ldaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal corporation organized and existing by virtue of the laws of the Slate of ldaho (hereinafter referred to as "Boise"). EEEITALS 0.1 Pursuantto ldaho Code $ 50-204 and Meridian City Code SS 1 -8-1 and 1 -8C-1, on August 16,2002 Meridian requested the submission of proposals from qualified firms to provide certain city prosecutor/criminal legal seruices to Meridian. A copy of Meridian's Request for Proposals (RFP NO. 02-002) is attached hereto as Exhibit "A" and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 ln response to Meridian's request for proposals, Boise, through the office of the Boise City Attorney, submitted a Response dated September 1 6, 2002, a copy of which is attached hereto as Exhibit'8" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to Meridian's request for proposals as set forth above, Merjdian has deemed the proposal submitted by Boise as the most advantageous to the best interest of Meridian_ AGREEMENT FOR CITY PROSECUTORYCRIMINAL LEGAL SERVICES Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, Meridian and Boise covenant and agree as follows: 1 tNco RPORATION OF REC ITALS. Th e parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2D FINI NS ln addition to any other definitions set forth in this Agreement, forall purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear conlext of the presentation of the same requires othenarise: 2.1 "Fiscal Yea/' means and refers to Meridian's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of ldaho law relative to the establishment of the fiscal year for Meridian. 2.2 "MPD" means and refers to the Meridian Police Department. 2.3 "Primary Legal Services' means and refers to all of the following: 2.3.1 Legal services necessary to prosecute all criminal misdemeanors, infractions, and all violations of the City Code of the City of Meridian involving matters occuning within the corporate limits of the City of Meridian, or pursuant to the Memorandum of Understanding between MPD and the Boise Police Department; or init:ated by Meridian, or invorving the enforcement of Meridian's ordinances and/or rdaho State Law; AGREEMENT FoR crry pRosEcuroFvcRrMrNAL LEGAL SERVTCES page 2 2.3 2 all 2.3.4 2.3.5 2.3.6 2.3.7 2.3.8 2.3.9 Prosecutorial intake screening and review of all police-generated reports and citations, the timelyfiling of decisions thereon, and prompt notification of decislons to MPD and customer; Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD concerning infractions and misdemeanors; Coverage of Meridian's caseload in Family Violence Court; Provide civil legal advice and guidance to the Meridian Police Chief and MPD; Provide access to members of the Boise City Attorney's Public Safety/Enterprise team for immediate assistance 24 hours a day,7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; Provide legal services through Boise's dedicated assigned police llaison attorney (as approved by the Meridian Chief of Police) at the MPD facility during normal business hours for not less than sixteen (16) hours per week at such times as determined by the Meridian Police Chief; Provide prompt written responses to Legal lnformation Requests approved by the Meridian Police Chief, his designee, or from Meridian's Mayor or City Council; Routine review and approval of all public records requests received by the MPD (or received by Meridian concerning police matters); AGREEMENT FOR CITY PROSECUTOFYCRIMINAL LEGAL SERVICES Page 3 2.3..l0Providelvleridianwithlegaltrainingonissuessuchassearchand seizure, public record requests, and civil liability: 2.3.11 Provide further training of MPD personal on other needs (including those identified through the screening process) as requested by the Meridian Police Chief: 2.3.12Provide MPD with regular legal bulletins, including relevant ldaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.3.1 3 Provide victim/witness services in criminal misdemeanors including timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all required cases; preparation of victimslwitnesses for domestic violence-related cases (domestic assault, domestic battery, violation of no contacl order, violation of protection order, stalking, telephone harassment when associated with one of the p.eceding, and malicious injury to property when associated wilh one of the preceding)and all cases with restitution: and coordination and liaison with prosecutor on the above-mentioned cases; 2.3.14 Provide Meridian with juvenile accountability services for all juveniles with firsftime tobacco and alcohol tickets regarding offenses occurring within the corporate limits of the City of Meridian, including staffing at the MPD facility as agreed upon with Meridian,s Chief of Police to perform assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 for the tickets of those who do not qua:ify, who fail to complele the program, or who re-offend within 12 months of the first offense; 2.3. 15 For defendants who receive probation (either supervised or unsupervised) as a result of a conviction tor a misdemeanor occurring within the corporate limits of the City of Meridian (or defendants who fail to pay fines and restitution), Boise shall monitor such defendants compliance with the terms of probation, and shall take appropriate action (including the initiation and prosecution of probation violation and/or contempt proceedings, requests for issuance of anest warrants, etc.) in an effort to obtain compliance; and 2.3.16 Provide all other services as set forth in the Response submitted by Boise (Exhibit "B"), excluding Optional Legal Services as defined above. 3 SERVI PROVIDED B Y BOISF . Pursuant to the terms of this Agreement, Boises is hereby appointed by Meridian to perform all Primary Legal Services for Meridian and such other Optional Legal Services as requested by Meridian. 4 PAYIvIENT FOR SERVICES Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all oulof-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twelve thousand six hundred seventy and 00/'l00ths dollars ($ 12,670.00) per month. AGREEMENT FOR CIry PROSECUTOFUCRIMINAL LEGAL SERVICES Page 5 4.1 .1 Payment for Primary Legal Services shall be paid by Meridian to Boise or before the 20'h day of the following month' 4.1 .2 ln addition to the monthly retainer amount' Meridian shall execute a waiver to transf€r the JAIBG grant funds (in the approximate amount of $1 1 ,708) previously assigned to Meridian to Boise. 4.2 Compensation for victim/witness services performed by Boise at the request of Meridian shall be paid at the rate of $50.00 per hour for services performed by Boise's victim witness coordinators (who shall be available 24 hours a day 7 days a week and who shall also provide follow-up for all violent misdemeanor crimes), plus reimbursement for mileage to and from the Boise City victim witness coordinator office and all crime scenes and victims' locations which are located outside Boise City limits. 4.3 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all oulof-pocket expenses). Provided the invoice is received by the 5'h of the month, Meridian shall remit payment to Boise by the first business day of the following month. 5 TERM. The term of this Agreement shall commence November 1, 2002 and shall continue until the end of Meridian's cunent Fiscal year, September 30,2003, subject to renewal or extension as set forth in this Agreement. 6R F P RFS ENTATIO NS AND WAR RANTI t-5 (,FB o SF . Boise represents and warranls to Meridian as follows: AGREEMENT FOR CITY PROSECUTORYCRIMINAL LEGAL SERVICES Page 6 61 Authoritv. Borse has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6.2 Perfo rmance of Services. Boise a grees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.3 Non-Exclu sive Aqreement. Boise acknowled ges that this Agreement shall not be interpreted to limit Meridian's authority to retain the services of outside legal counsel to perform any legal services other than Primary Legal Services, whether as a result of Meridian's need for special expertise or otherlvise. 7 INSURANCE For the purposes of this Agreement, Boise shall carry the following types of insurance in at least the per occurrence limits specified below Coveraqe Limits of Liabilitv Professional liability (errors and omissions) Workman's Compensation Employe/s Liability General Liability (bodily injury and/or property damage) Automobile bodily injury and/or property damage liability (combined single limit) $ Statutory limits $1,000,000.00 $1,000,000.00 $ 1 ,000,000.00 B E IFICATION Boise shall indemnify and hold Meridian, and its officers, agents, and employees, harmless from any and all liability, damage, or expense, including attomey fees, which may be brought, craimed, or pursued against Meridian or its representatives arising out of the intentional act, negligence, or omission of Boise or its employees, agents, or-representatives. AGREEMENT FoR crry pRosEcuroR/cRrMrNAL LEGAL sERVrcEs page 7 9 POS IBLE E XTENSION O F TERM O A GREE ENT The parties mayF mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TER INATION This agreement may be terminated upon mutual agreement of the parties. Merrdian shall also have the right to remove Boise's appointment as Meridian's attorneys in the manner as set forth in ldaho Code $ 50-206 and terminate this Agreement, with orwithout cause, at any time, which termination shall be effective upon service of written notice to Boise in the manner as set forth herein. ln the event of a termination, Meridian shall remain responsible to pay Boise for all services provided through the date of termination pursuant to the terms of this Agreement. 11 GENERA:- P ROVISIONS 11.1 Attomev's Fees. lf any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable aftorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entifled. 11.2 Bindinq Effect This Agreement shall be binding upon the heirs, estates, personal represenlatives, successors, and assigns of the parties 'l 1 .3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of ldaho ,AGREEMENT FOR CIry PROSECUTOR/CRIMINAL LEGAL SERVICES Page 8 'I 1.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if lhe same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows; Notice to Meridian: Robert D. Corrie, Mayor Meridian of Meridian 33 East ldaho Street Meridian, ldaho 83642 AGREEMENT FOR CITY PROSECUTORYCRIMINAL LEGAL SERVICES Page 9 Notice to Boise Boise City Attorney City Hall '150 N. Capitol Blvd. P.O. Box 500 Boise, ldaho 83701-0500 '1 1.5 Para oraoh Headi nos . The paragraph headings of this Agreement are for clarity in reading and not :ntended to limit or expand the contents of the respective paragraPhs. 11.6 Partial lnvaliditv. W henever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. lf a provision of this Agreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further SUTA NCES . The parties each for themselves do further covenant to the others to execute any and all olher documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neitherthe failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement wi operate as a waiver of such right, power, or privirege, and no singre or partiar exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privirege or the exercise of any other right, power, or privirege. AGREEMENT FoR crry pRosEcuroRvcRIM|NAL TEGAL sERVlcEs page 10 11.10 NoAS Sianment bV Boise. Boise shall not sell, ass ign, or transfer all or any portion of its interest in this Agreement at any time 1'l .11 Hand-written Pro isions. H and-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 1 1.'12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. lN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. MERIDIAN: ATTEST: CITY OF IDIAN By r By AtJhat nSndh wiIi am G. 8erg, Jr., MeridiartCle /' ls1 ' fiB E AL AGREEMENT FOR CITY PROSECUTORYCRI ES Page 11 u1".bkl appeared Robert D. Corrie and-ffifliqrnfgqg, Jnown or identified to me to be the persons *l,ose names are subscribedldfift:'(ii(fflifta foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. STATE OF IDAHO ) ) ss. County of Ada ) On this 4l day of 1rhb,r , 2002, before me, a Notary Public, personally IN WIT ve here to affixed my o cial seal the day and year first above wri Public for ldaho ding at Ule.,lrsn ,ldaho Commis saitrxprrer. olJ* 7,7 CITY OF BOISE By: S,M ayot ATTEST: By Its: STATE OF IDAHO County of Ada On this _ day ol _,2002,belore me, a Notary Public, personally appeared H. Brent Coles and , known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and _, respectively, of the City of Boise, and who acknowledged to me tirat they executed the same for the City of Boise. lN wrrNESS wHEREOF, r have hereunto affixed my officiar sear the day and yearfirst above wriilen. Notary Public for ldaho Residing at ,ldaho My Commission Expires rent AGREEMENT FOR CITY PROSECUTORYCRIMINAL LEGAL SERVICES Page 12 .$o r44t BOISE: erg 11c EXHIBIT ..A" (Attach copy of Meridian's Request for Proposals IRFP NO' 02-002] here) AGREEMENT FoR CITY PROSECUTORyCRIMINAL LEGAL SERVICES Page 13 Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7R PROJECT NUMBER: ITEM TITLE: Approval of Contract Amendment No.2.a to OXARC, INC. for the Sodium Hypochlorite - Water Department project for a Not -To - Exceed amount of $90,000. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Josh Gabel, Water Quality Manager; Dennis Teller, Water Superintendent Date: 10/25/2017 Re: November 8th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 8th City Council Consent Agenda for Council’s consideration. Approval of Contract Amendment No.2.a to OXARC, INC. for the Sodium Hypochlorite – Water Department project for a Not-To-Exceed amount of $90,000. Recommended Council Action: Approval of Contract Amendment No.2.a to OXARC, INC. for the Not-To-Exceed amount of $90,000 and authorize Purchasing Manager to sign the Purchase Order #18-0091 for the Not-to- Exceed amount $90,000. Thank you for your consideration. City of Meridian Purchasing Dept. E IDIAN Mayor Tammy de Weerd cltv councll Membcrs: Keilh Bird Joe Borlon Luke cavener Gen€sis Milam Ty Palm€r Anne Little Roberts TO: THROUGH: FROM: SUBJECT: DATE: ,fl;&1.-!CI Councilman, Kcith Bird Dennis Teller, Water Superintendent Joshua Gabel, Water Quality Program Manager Purchasc Rcquisition / Sodium Hypochlorite FY18 Octob€r l, 2017 I. RECOMMENDED ACTION Approve purchase o[ Bulk Sodium Hypochlorite (Chlorine) from Oxarc Inc. in the amounr of $90,000.00 under GL 60-3430-52015. Adequatc funds for this FYl8 opcration were budgctcd for and are available in this ycar's Watcr Enlerprise Base Budgct. DESCRIPTTON A. Backeround Chlorinc is the City's primary disinfection chemical and is used to ensurc public heahh is maintaincd throughout the water distribution system. Oxarc lnc. won compctitive bidding for thc delivery of thc Ciry's Sodium Hypochloritc solution in FYl6. The water Division and Finance Dcpartmcnt have extcndcd ahe FYl6 chemical pricc ond dclivcry contract to FYl8, B Pronosc Proicct III. This rcquest authorizcs thc purchasc aad delivery of Bulk Chlorinc to rhc Ciry's rwcnty-thrcc Wcll producrion and disinfection facilities on an as oeeded basis rhroughout thc Fy I8 budget ycar. IMPACT A. Stralcqic Impact: This- purchasc continucs to supPorl the City's mission and vision lo anticipatc, plan and providc exemplary scryiccs and support to our growing community in a safc, cfficicnt, unrl financiaily ,"rponribla monn"r. rntpurchasc rvill allow chcmical dosagcs to bc maintaincrl lhroughoul lhe distribution system ar thc lowcst pricepossiblc. AT'TACHMENTS . Chlorinc Rsquisition Form. FY l6 Contract Exlcnsion DEPARTMENT CONTACT PERSONS Dcnnis Tcller, Warcr Supcrinrcndc 2T5-g7y) Joshua Gubcl, Watcr Qualiry Program Manugcr 409_6g34 Waler Division . 2235 N.W. Brh Street, Meridian, lD g3642 Phons 208-888-5242 . Fax 208-gB4-1 159 , www.meridiancity.org II. IV. ry. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $90,000 Josh Gabel If yes, has policy been purchased? Contractor - Oxarc, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3430 52015 10619 TASK ORDER N/A RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Dennis Teller 10/24/2017 October 25, 2017 N/A I. PROJECT INFORMATION 10/13/2017 10/1/2018 FY18 10/24/2017 PW - Water FY18 Sodium Hypochlorite V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A Goodstanding N/A N/A E IDIAN IDAHO Purchase Order 1012512017 18-0091 CITY OF MERIDIAN 33 EAST BROADWAY AVI'. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: Billing Address: Shipping Address: Shipping Method: FOB: Unit Dollar Attn: Finance 33 E Broadway Ave N.4eridian, lD 83642 City of N,4eridian Water Department 2235 NW 8th Meridian, lD 83646OXARC, INC. PO. BOX 2605 SPOKANE, WA 99220-2605 Description Purchase and Delivery of Bulk Chtorine (g'1.63) Sodium Hypochlorite FytB Purchasing Manager: Special lnstructions Contractor desination Quantity Unit Price 90000.00 '1.00 Purchase Order Total Total 90,000.00 $90,000.00 ^C^o1ti19t ?-O.-Sogium Hypochlorite F_YlSAmendment N02.a approved by Councit 11t7t2oit Not-to-Exceed $90,00060-3430-52015-1061 9 Case Mgmt S7953 Attention: Josh Gabel ?rVf,IDIAN CITY OF MERIDIAN CONTRACT AMENDMENT No. 2.a oxARc, tNc. For SODIUM HYPOCHLORITE CONTRACTOR NAME: OXARC, INC. DEPARTMENT NAME: Water 2076 Century Way Boise. lD 83709 ADDRESS 33 E. Broadway Meridian, lD 83642 ADDRESS: Currcnt Contracl Datesi START: 1111/2016 COMPLETION: 9/30/2017 Current Contract Am ounl (lnclusive of Prcvious Amendments to Daa4: $114.000.00 TEContracl Name: SODIUM HYPOCH Previous Amendments: -_l CURRENT CONTRACT INFORMATION: Previous Amendment Date: 10/10/2016 lcheck all that Aoplv) _ Amendment to Contract Performance _L Amendment to Contract Dates _X_ Amendment to Contract Amount _ Other: (Explain) AMENDMENT TO EXF RCISE OPTION TO RENEW ON FOR AMENDMENfi (Atlach all relevant documenlation detailing amendment\ Both parties agree to extend the agreement for one year per the terms and conditions of the agreement. All other terms and conditions remain the same. DESCRIPTION OF REAS This is the second of three ear extensions Amendment Date: 1011312017 New Contract Dates: START: 10/1/2017 COMPLETION: 9/30/2018 Amount of Amendment Change $_gQpgq.AS Current Contract Am ounl (lnclusive of Previous Amendments to Daie): $204.000.00 NEW CONTRACT INFORMATION ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND P DMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. REVIOUS AMEN Proiect No. '10619 CITY OF ME�RIO BY: l �' TAMMY de WEE , MAYOf� o�Qo�pTED AUG�sT, Dated: ll l7 �o Citv or w Attest: E IDIAN IDAH9 DEPARTM R BY: =AQ DENNIS TELLER, WATER PERINTENDENT OXARC, IN BY, k Dated: 2 i 7 Approvi by city its to Co BY; OW IAN CITY OF MERIDIAN Purchlllng Dlplrtmrnt 3! E^sI EFOAOWAY AVENUE uEFror^t, ro 836.2 TE1L l2o5l a5BOal, F,JC (a)€l8A7Jal3 CITY OF ii|ERIDIAN Water Divlslon 2235 NW 8rh Sr Meddian. lD 83642 EE Fr dFhrr ia a.6rdr.. b CASE MANAGEMENT TICKET NO. @ I SUGGESTEO VENDOB Oxarc 1901 N Bingham Dr, Nampa, lD 83651 Ed.. ,6. f.r. ri ..!,8 h.tt. !,..1t *tr Fr.rE tt t V.irt . h i.t lp .r 't 6I . tl 66( c.aaa ltatr !l. rlE hr. c[r+.t d w'9 bm io Fh]E { 2ta{!7-atl3 Scrcll down to lird lnsln,ctloos on how to lill oul PO Rsquislllon REOT'ISrION NUT€€8 NEVBION 0 OATE I)F AEOUESI 1-Oct-17 90.000.00 B{roGET AXqrir S AID llo ' DATE nEooEsT rx EuxrET (YEsrol YES Purchase Requisition itil rist ont-!rr f t'Ji.B;n l. !s'r iFpllF oili.tL riL'otcEs P,!CKLirr:i iu':S.aairiols /iirl coanESPoirDEfr:; nELniEt T IrrSoAtifi PRO'ECT A}IAOEB Joah Gabel PAYMENT TEHMS NETEI FNEIGHTTERMS PREPAID F.O.S. DESTINATION REOUEATOR Josh Gab.l -160s:l!6a9PFOJECT NAME: Sodium Hwochlorits Purcha WTR l. .t O.d.r 20151 wlylP Enrio..rhS 5.rylc6 1 IA t rxt a !rm 5vtro 910,0(D.(x 2015! fo.d Fl90Irud !.r stac ud slPro ttEo 2 TA r7m0 s26 9{1m 334,q!.mrll b rr m ar F! prli-t Lt .rra. d t'.5 tkgiir d al.l rd ai..drF, qEllqll h rx *a. ..dur ra h rr l*.rid..l !.l *t p& 'l !. eO. ltt grtyrraJl Enrdaci, F, h !x F!!d Coda, D.Fll!!r C.d. Ird GL ^..oul Cd h nrto srqortdn! c.lts !aoa. Tlro .ra !i. accdltE llln l!br|o rairdbytt PO 1 Purchass and Delivery ol Bulk Chlorine ($1.63/gat)1 90,000.00 60 3430 52015 $ 90,@0.00 wTH-1605-10619 $ $ $ $ $ $ $ U S Ot r. Ar.Md Oe.rlEr Cgdlr ! Frdi... b .!ol. t?51( t,n htf ssq( Cerr{ U.!o( Sln Ur. 'n r b. dd r.d b,rErairgd.?3 l:t. Sr rrrn drch.qa drilrl ltqrdt! r FO NOTES: Councll Approval Dats: $90 000.00 I I Lioo II I - r r III IIT OUANTITY UNIT UNIT PBICE FUNO IIII-rIIT - PAHT NUMBEB / DESCRIPTION rASK OFOER PROJECT DESCFTIPTION DEPARTMENT EXPENSE OR CODE GL ACCOUNT O EST. AMOUNT PROJECT# IIIIII 0l s t------T------ I t--- City Of lleridian statement of Revenues and Expenditures - Rev and Exp Report - sandra - unposted Transactions Included rn Report 60 - Enterplise tund 3430 - Wate! - ploduction Fron lO/1/2011 Through 9 /30/2018 Budget with Current Year Actua.L Budget Remaining Percent of Budget Remaining OPERAT]NG COSTS Chemicals lotAl OPERATING COSTS 9 S.0 0 0-o0 98.!09. 0Q 0.00 0.00 90, 000.00 90,000.00 524t5 DEPT EXPENDITURES TOTAL EXPENDlTURES 90,000.00 90.000.00 100 .00s 100. 00? 100.00* 100.00r90, 000.00 0.00 DaLe. IA/13/11 02:56:25 PM 0.00 90, 000 . oo IDSOS Viewing Business Entity Page I of3 IDAHO SECRETARY OF STATE Viewing Business Entity Lawe.ence Denney, Secretary of State I New Search ] [ Back to Summarv ] Get a certificate of existence for OXARC , INC, I Monitor OXARC, IN C. business filinqs oxARc, rNc. PO BOX 3031 SPOKANE, WA 99220 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 18 Mar 1971 State of Origin: WASHiNGTON Date of 18 Mar 1971 Origination/Authorization: Current Registered Agent: WADE KRESS 2513 3RD AVE N LEWISTON, ID 83501 Organizational ID / Filing C43519 Numbers Number of Authorized Stock Shares: Date of Last Annual Reportr 23 Jan 2077 Annual Report Due: Mar 2018 Original Filing: I Help Me Print/View TIFF ] Fi|ed 18 MaI L97I CERTIFICATE oF AUTHoRITY Amendments: I Help Me Print/View TIFF ] Amendment Filed 18 Mar OTHER - RAt97t Amendment Filed 23 May NAME CHANGED TO NORWECO, INC. 1973 Amendment Filed 22 Sep OTHER - CHG RA tga2 Amendment Fi|ed 06 Dec NAME CHANGED To oXARC, INC. 1995 Annual Reports: I Help Me Print/View TIFF ] Report for year 2015 CHNG RA/RO iew Document Online View Document Online View lmaoe (PDF format) View Imaoe (TIFF format) Report for year 2lJ17 ANNUAL REPORT Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT View Docu ment Online https ://www.accessidaho.org/public/sos/corp/C43 5 1 9.html 1012512017 l- IDSOS Viewing Business Entity Report for year 2Ol4 ANNUAL Report for year 2013 ANNUAL Report for year 2012 ANNUAL Report for year 2011 ANNUAL Report for year 2010 ANNUAL Report for year 2OO9 ANNUAL Report for year 2OO8 ANNUAL REPORT Report for yeat 2OO7 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2OO5 ANNUAL REPO RT Report for year 2OO4 ANNUAL REPORT Report for year 2OO3 ANNUAL REPORT Report for year 2OO2 ANNUAL REPORT Report for year 2OO1 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year L997 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPO RT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL RE PORT Report for year 1988 ANNUAL REPO RT View Document Online View Document Online View Document Onlin REPORT REPORT REPORT REPORT REPORT REPORT llieulDocument Online View Document Online View Document Online m PDF format Viewae Imaqe (TIFF format) a e PDF format View Imaqe (TIFF format m PDF forma Viewae Imaqe (TIFF format a e PDF format View e TIFF format e PDF format View e FF format View Imaqe (PDF format) View Imaqe (TIFF forma t) View Image (PDF format) View Imaqe (TIFF format View imaqe (PDF format) View TIFF formate View Imaqe (PDF format) View Imaqe (TIFF forma t) I m PDF format Viewae Imaoe (TIFF forma t) View Imaqe (PDF format) View Imaqe (TIFF format) e PDF format View F format View lmaqe (PDF format) View Imaqe (TIFF format View Imaqe (PDF format) Vaew Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Imaoe (PDF format) View FFf rm View Imaoe (PDF format) View Imaoe (TIFF format) View Imaoe (PDF format) View Image (TIFF format) F rm View TIFF rmat View Imaqe (PDF format) View Imaoe (TIFF format) https ://www. accessidaho.org/public/sos/corp/C43 5 1 9. html 1012s12017 Page 2 of 3 IDSOS Viewing Business Entity Report for year 1987 ANNUAL REPORT Page 3 of3 View Imaoe (PDF format) View Imaoe (TIFF format) Idaho Secretary of State's Main Paoe State of Idaho Home paoe Comments, questions or suggestions can be emailed to: sosinfo@sos. ida ho.oov https ://www.accessidaho.org/public/sos/corp/C43 5 I 9.html 10125t2017 Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7S PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the CHERRY LANE & BARAYA PRVs project for a Not -To -Exceed amount of $158,200. MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Garrick Nelson, Staff Engineer II; Kyle Radek, Asst. City Engineer Date: 10/27/2017 Re: November 8 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 8 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the CHERRY LANE & BARAYA PRVs project for a Not-To-Exceed amount of $158,200. Recommended Council Action: Award of Bid and Approval of Agreement to STAR CONSTRUCTION, LLC for the Not-To-Exceed amount of $158,200 and authorize Purchasing Manager to sign the Purchase Order for the Not-to- Exceed amount of $158,200. Thank you for your consideration. City of Meridian Purchasing Dept. C E IDIA � f, Public IDAHO • i -r TO: Keith Watts, Purchasing Manager FROM: Garrick Nelson Staff Engineer II DATE: 10/17/2017 Mayor Tammy de Weerd City Council Memborss Keith Bird Joe Borton Lupe Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: CHERRY LANE & BARAYA PRESSURE REDUCING VALVES, PROJECT NO. 10759 & 10760 — CONSTRUCTION CONTRACT WITH STAR CONSTRUCTION, LLC FOR A NOT -TO -EXCEED AMOUNT OF $158,200.00. I. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer II 489-0358 Kyle Radek, Asst City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, PW Director 489-0372 II. DESCRIPTION A. Background The City completed an update to the Water Master Plan in 2012. In this update to the master plan, the ultimate pressure zone boundaries for the City's water system are defined. The Cherry Lane & Baraya Pressure Reducing Valve (PRV) construction project will further develop the City's master planned water pressure zone boundary between pressure zones 1 & 2. This project is necessary to further support proposed development at lower elevations in pressure zone I comprised of the western and northwestern portion of the City's impact area. Without the proposed expansion of pressure zone 1, service pressures in new developments will stay in pressure zone 2 and increase to unacceptable levels. B. Proposed Project The proposed project will construct two pressure reducing valves, one located along W Cherry Lane between Black Cat Road and Ten Mile Road and a second valve being installed in an existing vault along W Franklin Road at S Baraya Page 1 of 2 Way. The Cherry Lane PRV consists of one 8 -inch pressure reducing valve to provide for fire flow. The Baraya PRV consists of one 10 -inch pressure reducing valve to provide fire flow and one 3 -inch pressure reducing valve for domestic flow. III. IMPACT 0 Fiscal Impacts Funding is available in the Water Main Extensions enhancement for this construction contract. The value of the construction contract with Star Construction, LLC is $158,200, with $2,200,000 in current funding available in the account. Project Costs: Fiscal Year 2018 Project Funding Fiscal Year 2018 Total Available Funding B. Time Constraints $158,200.00 Total Project Cost $158,200.00 Account Code / Codes 3490-96140 $2,200,000.00 Total Funding Required $158,200.00 Council approval will allow this project to begin construction this fall so the new pressure zone boundary can be developed by spring 2018. Departmental Approval: e1 J � Page 2 of 2 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A++ Payment and Performance Bonds Received (Date): Rating: A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Existing C-14428-AAA-4 9/30/2018 I. PROJECT INFORMATION 10/25/2017 3/1/2018 N/A 2018 10/25/2017 Public Works Cherry Lane & Baraya PRVs V. BASIS OF AWARD 10/19/2017 October 26, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION October 26, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Kyle Radek 10/25/2017 VII. TASK ORDER SELECTION (Project Manager to Complete) 10/25/2017 Award based on Low Bid Highest Ranked Vendor Selected $158,200 Garrick Nelson If yes, has policy been purchased? Star Construction, LLC III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96140 10760 TASK ORDER N/A RFP / RFQ BID CONTRACT FOR PUBLIC WORKS CONSTRUCTION CHERRY LANE PRV tAkn6ey PROJECT # 10760 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of Oc ber 2017, and entered into by and between the City of Meridian, a municipal c rporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction, ILC__, hereinafter referred to as "CONTRACTOR", whose business address is PO Box .157 Star. ID 83669 and whose Public Works Contractor License # is C -14428 -AAA -4 . INTRODUCTION Whereas, the City has a need for services involving Pressure Reducing Valves (PRVs); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however; the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, The Contractor CHERRY LANE PRVS page 1 of 13 Project 10760 4. Liquidated Damages: Substantial Completion shall be accomplished within 90 (ninety) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidentalwork, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen ('15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this CHERRY LANE PRVS Project 10760 page 3 of 13 3.3 Shou ld City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractorshall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and CHERRY LANE PRVS Project 10760 page 4 of 13 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and specificallv aqrees that it will maintain, throuqho the term of this Aoreement. liabilitv insurance, in which the CITY shall be nameelan add itio nallrcuredjn lhe nmnLtrum amounts as follow: General Liabil ity One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Conhactor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles. self-insured retentions or named insureds, or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers- Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. CHERRY LANE PRVS Project 10760 page 5 of 13 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. CHERRY LANE PRVS Project 10760 page 6 of 13 10. Time is of the Essence: 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. MeridianStormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.orq/environmental.aspx?id= 1 361 8. Contractor shall retain allstormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for revlew. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved bythe City priorto final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. CHERRY LANE PRVS Project 10760 page 7 of 13 17. Reports and lnformation: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other meani of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otheruise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: ln performlng the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's orthe opportunityto seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate CHERRY LANE PRVS Page 8 of 13 Project 10760 19. Publication, Reproduction and Use of Material: contract between the parties and shall survive any default, termination or forfeiture of this Agreement. lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27 . Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approvalthat the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: CHERRY LANE PRVS Project 10760 page 9 of 13 24. ConstructionandSeverability: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian, 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows. CITY CONTRACTOR City of Meridian STAR CONSTRUCTION, LLC Purchasing Manager Attn: Ancil Irminger 33 E Broadway Ave PO Box 157 Meridian, ID 83642 Star, ID 83669 298-489-9417 Phone: 208-286-9198 Email: starconstructionll@gmaii.com Idaho Public Works License #14428 -AAA -4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN NAME OF�CONTRACTOR BY: BY: r TAMMY de ERD, MAYOR Dated: // / �- l A c CHERRY LANE PRVS Project 10760 Dated: -� page 10 of 13 Approved by Council: r!z 9 - Attest: C.JAY ES, UTY CLERK Purchasing Approval BY: A KEIT , A TS, P&cbasing Manager Dated:: 1�( 7 Project Manager Garrick Nelson CHERRY LANE PRVS Project 10760 GO�QD�p,TEDAVGLs i 2 �'il} of w E IDIAN�, IDAHO SEAL A/ /f papa 'nt Appr V BY: /d WARREN STEWART, City Engineer Gated:: 92 c f-Ift 1:1 Vo i page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1758.10760 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-l758-10760, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). This project consists of the installation of two Pressure Reducing Stations for the City of Meridian. The first station is on Cherry Lane and includes completing the connections to the existing water main and the installation of a new vault and all materials, equipment and labor to install the station on the south side of Cherry Lane. The second Pressure Reducing Station is along Franklin Road and is to be installed in an existing vault known as Baraya Pressure Reducing Station. Each location has its own plan set and specifications attached. See separate attached documents: Plans - W. CHERRY LANE POTABLE WATER PRESSURE REDUCING STATION by Civil Survey Consultants, lnc. dated 0812512017 (5 pases) Special Provisions and/or Technical Specifications by Civil Survey Consultants, lnc. dated 07121117 (2opases) CHERRY LANE PRVS Project 10760 page 12 ol 13 Exhibit B Total and complete compensation for this Agreement shall not exceed $158,200.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 90 Days from Notice to Proceed Final Completion PRICING SCHEDULE NOT TO EXCEED CONTRACT TOTAL $158-200-00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Description Quantity Unit Price $20,400.00 8" Gate Valve 2 EA $2.400.00 10" Gate Valve 1 EA $1 ,500.00 706.4.1.G.1 Concrete Repair It)SY $1,280.00 8024181 3/4" Minus Crushed Aggregate Base 58 TON $2,900.00 81041A,1 Plant lvlix Pavement ZO TON $5,200.00 't001.4.2.4.1 Staging Area 1 EA $400.00 lnlet Protection 4 EA s200.00 1 103.4.1 .A.'t Traff c Control 1 LS 2,$500.00 2010.4.1.4.1 1 4,$500.00 SP--I Lawn Sod Restoration $832.00 SP-2 Remove Existing Gravity lrrigation Pipe 12 LF $240.00 SP-3 Remove Existing Dead Tree and Grind Stump 1 $400.00 S P-4 Pressure Reducing Station 2 $1 15,448.00 CHERRY LANE PRVS Project 10760 page 13 of 13 A, MILESTONE / PAYMENT SCHEDULE lvlilestone 2 120 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the CHERRY LANE PRV per IFB PW-1758-10760. Item No.Unit 401.4.1.4.1.8' PVC, AWWA C900, DR18 Water Main tJo LF 402.4.1.4.1.a. 402.4.1.4.1.b. 1006.4.1.C.1. Mobilization LS 832 EA EA CITY OF MERIDIAN Cherry Lane & Baraya PRVs BID ABSTRACT BID OPENING 12-Oct-17 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total 401.4.1.A.1.8” PVC, AWWA C900, DR18 Water Main 136 LF 89.00$ 12,104.00$ 150.00$ 20,400.00$ 402.4.1.A.1.a.8” Gate Valve 2 EA 1,785.00$ 3,570.00$ 1,200.00$ 2,400.00$ 402.4.1.A.1.b.10” Gate Valve 1 EA 2,278.00$ 2,278.00$ 1,500.00$ 1,500.00$ 706.4.1.G.1.Concrete Repair 16 SY 227.00$ 3,632.00$ 80.00$ 1,280.00$ 802.4.1.B.1.3/4” Minus Crushed Aggregate Base 58 TON 70.00$ 4,060.00$ 50.00$ 2,900.00$ 810.4.1.A.1.Plant Mix Pavement 26 TON 472.00$ 12,272.00$ 200.00$ 5,200.00$ 1001.4.2.A.1.Staging Area 1 EA 1,519.00$ 1,519.00$ 400.00$ 400.00$ 1006.4.1.C.1.Inlet Protection 4 EA 56.00$ 224.00$ 50.00$ 200.00$ 1103.4.1.A.1.Traffic Control 1 LS 3,852.00$ 3,852.00$ 2,500.00$ 2,500.00$ 2010.4.1.A.1.Mobilization 1 LS 10,079.00$ 10,079.00$ 4,500.00$ 4,500.00$ SP-1 Lawn Sod Restoration 832 SF 8.00$ 6,656.00$ 1.00$ 832.00$ SP-2 Remove Existing Gravity Irrigation Pipe 12 LF 259.00$ 3,108.00$ 20.00$ 240.00$ SP-3 Remove Existing Dead Tree and Grind Stump 1 EA 3,109.00$ 3,109.00$ 400.00$ 400.00$ SP-4 Pressure Reducing Station 2 EA 73,200.00$ 146,400.00$ 57,724.00$ 115,448.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL BASE BID 212,863.00$ 158,200.00$ IRMINGER CONSTRUCTION STAR CONSTRUCTION Itos ARi q q ll t\ q o .Y so-h\+ \\ \ I ( \\ + ( 19 qj G] t 1 dl )r- d 1.n I N I TIIII TtI II TI TItI TI TII I T TII T TI IIIIII T IIt TItTI TI Fzfo =o 6 uorleaurua3 sqns # clt ptroS p!8 i# ulnpuappv I u.rnpuoppv pauErS t.oozul \ { {I\l0 c.r J -'\\N -\loJ\ \.) S -'.. si o l) t,o o.Lo o@t-o @ro F. Bo- ii IUo =fz o E o ci t- oN cn ollo (Jo riri =F 06 UJF o LlJfo to. G G Go od oc(t,J o -c(J di =z o o U) f U) lUtr o m o I o z HoH \rQ \sa. 0 k?A -t -l- s City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 60 - Ent€rpriae !\lnd 3{90 - Wat€r Construction Ptojocts E ron\ 10 / 1 / 20L6 Thto.uqh 9 / 30 / 207'7 Budget Remaining Budget,1th Curr:ent Year Actuaf Budget Remaining 95140 Capital Outlay DEPT EXPEND ITURES TOTAL EXPENDITURES 2 \2 2,32a,829 ,52 1,514,428.66 1,514,428.66 WATERLINE EXTENSIONS Total Capital Outfay 2,328 ,',d29-52 2,328,829.52 1,510,428 1, 5tA, 428 818,400.86 818,400.86 66 66 35.143 00328,829 qla,!j85 l5 35.14*818,400.86 ( ( Performance Bond CONTRACTOR: (Ndtue, legtll statu,s and address) Star Construction, LLC P.O Box 157 Star, lD 83669 OWNER: (Name, legal status and, add,ress) City of Meridian 33 East Broadway Ave. Meridian, lD. 83642 CONSTRUCTION CONTRACT Date: November 7, 2017 Amount: $158,200.00 Description: (Name and location) Cherry lane & Baraya PRVS/Proiect# 10760 BOND Date: November 7, 2017 (Not earli.er than Consttuction Conttact Ddte) amount. $158,200.00 Modifications to this Boud: I Noo" CONTRACTOR AS PRINCIPAL Company: Star Construction Signaturel Name and Title: (Any additio CNA : Bond No. 3,00?0245 SURETY: Western Surety Company: South Dakota Corporation (Name, leEdl status ond principal place of business) 333 S. Wabash Avenue 41st Floor Chicago, lL 60604 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document 4312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond f] See Section 16 rate Seal) SURETY Companyr Western Surety Company t)Signature L\i t*tL\t Name lvlary Jaquier L and Trtle: Attorney-ln-F s Performance Bond.)(r otu the last page of thi (FOR INFORMATION ONLY - Nome, ad.d.ress and telephone) AGENT oT BROKER: OWNER.S REPRESENTATIVE: post lnsurance (Architect, Erugineer or other party:) P.O Box 8447 N/A Boise, lD 83707 Pinted in cooperution with the Ameican Institute ol Architects (AlA). The language in this docunent conforms exactly to the language used in AIA Document A312 - Pedormance Eond - 2010 Edition 1 A /t ,aJ (Corporate Seol) I $,1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance ofthe Construction Conttact, which is incorporated herein by reference. $ 2 Ifthe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a confereoce as provided in Section 3. $ 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .,1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. Ifthe Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notrce, request such a conference. Ifthe Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days ofthe Surety's receipt ofthe Owner's notice. Ifthe Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractol Default: ,2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balauce ofthe Contract Price in accordance with the terms ofthe Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. $ 4 Failure on the part ofthe Owner to comply with the notice requiement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudrce. $ 5 When the Owner has satisfied the conditions ofSection 3, the Surety shalt promptly and at the Surety's expense take one of the following actions: S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; $ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; S 5.3 Obtain bids or negotiated ploposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualfied surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section ? in excess of the Balance of the Contract Price incurred by the Owner as a result ofthe Contractor Default; or $ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Ownet; or .2 Deny Iiability in whole or in part and notify the Owner, citing the reasons for denial. $ 6 Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce anv remedy available to the Owner.. Pdnlecl in cooperation with the American lnstitute of Atchitects (AlA). The language in lhis document conforms exactly to the tanguage used in AtA Docufienl A312 - peionnance Bond - 2olo Edition 2 $ 7 Ifthe Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not be greater than those of the Contractor under the Construction Contr:act, and the responsibilities of the Owner to the Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance ofthe Contract Price, the Surety is obligated, without duplication, for .1 the respo[sibilities ofthe Contractor for correction ofdefective work and completion ofthe Construction Contract; .2 additionat legal, desigu professional and delay costs resulting ftom the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and ,3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non'performance of the Contractor. $ 8 Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. $ 9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. $ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. $ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S l2 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. $ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereftom and provisions conforming to such statutory or other legal requtement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 14 Definitions S 14.1 Balance ofthe Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insuraDce or other claims for damages to which the CoDtractor is entitled, reduced by aU valid and proper payments made to or on behau of the Contractor under the Construction Contract. S'14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. S 14.3 Contractor Default, Failure ofthe Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. S 14.4 Owner oefault. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the CoIIstruction Contract. S 14 5 contract Oocuments. All the documents that comprise the agreemert between the Owner aud Contractor. $-15 If th-is Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bondshall be deemed to be subcontractor and the term owner shall be deemed to be contractor. Pinted in cooperation with tha American tnstitute ot Architects (AtA) J The language in this docufient conforms exactly to the language used in AIA Document A312 - peiormance Bond - 2a1o Edition $ 16 Modifrcatrons to this bond ale as follows: (Space is prouided below for odditional signotures of ad.ded parties, other thon those appeoring on the coler page.) CONTRACTOR AS PRINCIPAL SUREWCompany: (Corporate Seol) Company: (Corporate Seal) Signature:Signature: Name and Title: Address Name and Title: Address cAUTloN: You should sign an original AlAcontract Document, on which this text appears in RED. Anoriginal assures thatchanges will not be obscured. Pinted in coopeetion with the Ameican lnstitute of Architects (AtA). The language in this document c1nfoms exactty to the tanguage used in AtA Document A312 - petfomance Bond - 2o1o Edition 4 Payment Bond CONTRACTOR: (Ndme, legol status ond address) Star Construction, LLC P.O Box 157 Star, lD 83642 OWNER: (Name, legal status and oddress) City of Meridian 33 East Broadway Ave. Meridian, lD. 83642 CONSTRUCTION CONTRACT Date: November 7. 2017 Amount: $158,200.00 Description: (Nqme and location) Cherry Lane & Baraya PRVs/Project# '10760 BOND Date: November 7, 2017 (Not earliet thqtu Consttuction Cotuttact D@te) 4mqun1. $158'200.00 Modifications to this Bond: ffi None CONTRACTOR AS PRINCIPAL Company: Star Constructio (C Signature Name and Title: (Any addi tional s tltes appear on the last page of this GNASf,j${tr1-}. Bond No. 3oo?0245 SURETY: Western Surety Company: South Dakota Corporation (Name, legal statu$ and principal place of business) 333 S. Wabash Avenue 41st Floor Chicago, lL 60604 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond E See Section 18 SURETY Seol) Company: Western Surety Company (Corporate Seol) _ tl L\ Name l\ilary Jaquier and Title: Attorney-ln-F Payment Bond..) \,LL.:IIL L! Signature (FOR INFORMATION ONLY - Name, oddress and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: pOSt lnsuran.e (Architect, Engineer or other party:) P.O Box 8447 N/A Boise, lD 83707 Printed in cooperction with the Aneican lnstitute of Atchitects (AlA). The language in this document confoms exactly to the language used in AIA Document A312 - Payment Bond - 2O1O Edition 5 A $ I The Contractor and Surety, jointly and severally, bind themselves, thei heirs, executors, administrators, successors and assigtrs to the Owner to pay for labor, materials and equipment furuished for use in the performance of the Construction Contract, which is incorporated herein by referelce, subject to the following terms. S 2 Ifthe Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds harmless the Owner ftom claims, demands, Iiens or suits by any person or entity seeking payment for labol, materials or equipment furnished for use in the performance ofthe Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. S 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner uader this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use iu the performance ofthe Construction Contract and tendered defense of such claims, demands, Iiens or suits to the Contractor and the Surety. $ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnifu and hold harmless the Owner against a duly tendered claim, demand, lien or suit. $ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: S 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last pedormed labor or last furnished materials or equipmeot included in the Claim; and .2 have sent a Claim to the Surety (at the ad&ess described in Section 13). S 5.2 Claimaots, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). $ 6 Ifa notice ofnon-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufEcient to satisfu a Claimant's obligation to furnish a written notice ofnon'payment under Section 5.1.1. $ 7 When a Claimant has satisfied the conditions ofSections 5.1or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: $ 7,1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and $ 7.2 Pay or arrange for payment of any undisputed amounts. $ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. It however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnifu the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. S I The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attorney's fees provided under SectioD 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. $ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisry claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfu obligations of the Contractor and Surety under this Bond, subject to the Owne!'s priority to use the funds for the completion of the work. Pinted in coop?ration with the American lnslitute of Architects (AtA). The language in this document confoms exaclly to the language used in AIA Document A312 - payment Bond - 2O1O Edition 6 $ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor thrt are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. S 1l The Surety hereby waives notice of any change, including changes of time, to the Colstruction Contract or to related subcootracts, purchase orders and other obligations. S '12 No suit or action shall be commenced by a Claimant under this Bond other than in a court ofcompetent jurisdiction in the state in which the project that is the subject of the Constructior Contract is located or after the expiation ofone year ftom the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2) fust occurs. Ifthe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. $ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or deLivered to the address shown on the page on which their signature appears. Actual receipt ofnotice or Claims, however accomplished, shall be sulficient compliance as ofthe date received. $ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and prowisions conforning to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. S l6 Definitions S 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; ,3 a copy ofthe agreement or purchase order pursuant to which labor, matedals or equipment was furnished for use in the performance ofthe Construction Contract; .4 a brief description ofthe labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance ofthe Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as ofthe date of the Claim; .7 the total amouut ofprevious payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as ofthe date of the Claim. S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contr:actor to furnish labor, materials or equipment for use in the performance ofthe Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic,s lien or similar statute against the real property upon which the Project is located. The intent ofthis Bonrl shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,gasoline, telephone service or rental equipment used in the Construction Contract, architeciural and engineering serwices required for performance ofthe work of the Contiactor and the Contractor's subcontractors, and all otheritems for which a mechanic's Iien may be asserted in the jurisdiction where the labor, materials or equipment werefurnished. S 16'3 construction contract. The ageement between the owuer and contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 7 Ptinted in coopention with the Ameican tnstitute of Architects (AtA)_ The language in lhis docufient conlorms exacuy to the tanguage used in AIA Docunent A312 - payment Bond _ 2O1O Edition $ 16.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms ofthe Construction Contract. S 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor S 17 If this Botrd is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. $ 18 Modifications to this bond are as follows (Spoce is prouid,ed, below for additional siEn<rtures of qd.ded partbs, other than thDse qppeaing otu th,e couer page.) CONTRACTOR AS PRINCIPAL SUREWCompany: (Corporate Seal) Company: (Corporate Seal) Signature:Signature Name and Title: Address Name and Title Address cAUTION: You should sign an original AIA Contract Document, on which this text appoars in RED. An original assures that changes will not be obscured. Pinted in cooperction with the Aneican lnstitute of Architects (AlA). The language in this document confoms exactty to the language used in AIA Document A312 - paymenl Bond - 2O1O Editpn 8 Western Surety Company In witDels whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice PresideDt and its corporate s€al to be hereto affixed on lhis 23rd day ofJanuary,2017. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN.FACT Krow All Men By These Presetrts, That WESTERN SURETY COMPANY, a South Dakoh corporation, is a duly organized and existing corpor-ation having its principal office in the City of Sioux Falls, and State of South Dakoh, and thal it does by virtue of the signature and seal herein affrxed h€reby make, constitute aDd appoint William F Post Mary Jaquier, Terry S Robb, Individually of Bois€, ID, itJ true aod lawful Attomey(s)-in-Fact with full power and authority hereby conferrEd to sigr\ seal and execute for and on its behalf boods, unde akings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to ihe same extmt as if such instruments were signed by a duly authorized officsr of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are her€by ratified and conlirrned. This Power of Attomey is made and executed pursuar to atrd by authority ofthe By-t-alr print€d on the rwerse hereot duly adopted, as indicated, by tIe sba&holders ofthe coryoralion. WESTERN SURETY COMPANY T. Bnrflat. Vice President State of South Dakota County of Mirnehaba On this 23rd day of January, 2017, before me peNonally came Paul T. Bruflat, to me known, who, being by me duly sworD, did depose and say: that he r€sides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which execut€d the above inshumml; that he knows the seal of said coryoration; that the seal affired to the said instrument is such corporate seal; that it was so affrxed pumraat to authority giv€n by the Board of DirectoE of said corporation and that he signed his name ther€to pursuaflt to like authority, and acknowledges sarEe to be the act and deed of said corpoiation. My corimission o(pires June 23 2021 J. Mohr, Nolary Public CERTIFICATE I, L' Nelson, Assistant secraary of WESTERN SURETY CoMPANY do hereby certify that the power of Attomey he.einabove ser fbnh is still in forcq and further cerdry thal the By-Iaw ofthe corporation printed oD the reverse hereof is stitl in forre. h testimony whereof I have hereunto subscribod my name and afExed the seal of the said corpomtion 2017 WESTERN SURETY COMPANY this 7 seAY (,s\) J- MOIIR Form F4280-7 2012 day of L. Nelson, Assistant Secretary ) J ss Novembe r Authorlzing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed puNuant to and by authority of the following By-Law duly adopted by the shaleholdeN of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate naine of the Company by the President, Sectetary, and Assistant Secretary, Treasurer, or any Vice President, or by such other omcers as the Boald of Directors may authorize. The President, any Vice President, Seqetary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or ageots who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policios, undertakings, Poweas of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. PublicWorks Search Page 1 of I a print ('omoanr License WorL l-i3g!S! !-igense -. Agrlicant Ouner ( ompaD Comp@l ComBalt Comn.rnr ^, Eroiration Nam- Number Catcsorv Type q[55- W ME Mlt 4!dE!i elry G- Et"d" I'hone 6;i;- Parent License Nu ber star PWC.c- 42234. 02310, 02318 02500. 02310. 02855 03300 LLC o 33669 (203) 236 9198 9/30/2013 https://web.dbs.idaho.gov/eTRAKiT3/Custom,/Idaho_PublicWorksPrint.aspx 1012512017 IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity I New Search ] [Back to Summary et a certifi e for STAR CONSTRUCTIONt Lawerence Denney, Secretary of State L.L.C. on r L. Filed 26 rul 1999 ARTICLES OF ORGANIZATION I Help Me Print/View TIFF ] View Imaoe (PDF format) F format I Help Me Print/View TIFF ] View Imaoe (PDF format)View Imaqe (TIFF format) .C. busines l srAR coNsrRUcTroN, L.L.c. PO BOX 157 STAR, ID 83669 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Originr IDAHO Date of 26 Jul 1999 origination/Authorization: Current Registered Agent: ANCIL A IRMINGER 49OO BRONZE SPUR NAM PA, ID 83687 File Number: W9387 Date of Last Annual Report: 24 May 2Ol7 Annual Report Due: Jul 2018 Original Filing: Amendments: Amendment Filed 22 Jul 2OO5 OTHER - DELETE 1 MANAGER Annual Reports: https ://wrvw.accessidaho.org/publ iclsos/corp/W93 87.html 10125/2017 Page I of2 I Help Me Print/View TIFF ] Report for year 2OL7 ANNUAL REPORT View Document Online Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Onljne Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2O1O ANNUAL REPORT View Document Online Report for year 2OO9 ANNUAL REPORT View Document Online Report for year 2OO8 ANNUAL View Imaqe (pDF format) ViewREPORT Imaoe (TIFF format) IDSOS Viewing Business Entity Report for year 2OO7 Report for year 2006 Report for year 2OO5 Report for year 2OO4 Report for year 2OO3 Report for year 2OO2 Report for year 2OO1 Report for year 2OOO Page 2 of 2 View Imaqe (PDF format)View Imaoe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF form at) REPORT View Document Online View Imaoe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF format) View Imaoe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Image (TiFF format) View Imaoe (PDF format) View Imaoe (TIFF format) AN NUAL RE PORT ANNUAL REPORT ANNUAL ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT Idaho Secretary of State's Main Paqe State of ldaho Home Paoe Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.oov https ://www.accessidaho.org/public/sos/corp/W93 8 7.html 10t25120t7 oiQo"CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:2 017-2 018COVERAGES REVISION NUMBER LO /24 /20t7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER. Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS , EXTEND OR ALTER TI.IE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED I M P o RT N T f th ce rt ifi cate hold e r s a n o D T o NA L I N S U R ED the p o c v (i es )m ust be e n do rs ed tf S U B RO GA T ON s E o bje t tosucthetermsandcondtiosthepolicycertanpolciesmavrequitenendorsementstatementonthsrtificatedoesotntetihtstthncoIsoe ce rtificate hold er n lie U o,s u h en d o rse me s PROOUCER Pogt Insurance 2717 w. Bannock P. O. Box 844? BoiEe S€rvj,ces, Inc. st. INSUREO Star Constructj.on, LLC PO Box 15? Star rD 83 569 fi!|pcr arysrria e"",11" lI8)n", .,," (208) 336-5600 i'J#tEss. agaubJ.ee po s tins . con tNsuRER(S) AFFOROTNG COVERAGE lirsuRElr INSURER rN!uREi rfisuREB INSURER INSURER a :4,uto B:Idaho Ci Ol E: Owners InauraDc6 State Insurance Fund TH S S cTO RTE TTHA ETH LPO c E os SN U AN Ec L s DTE ELB o H E EB NE S US DE THTO E N RSU DE N E D AOVE THOR POLE tc E R DoNTOTWHsANTNDGToERMcNTDooONCNoTTRACRoTHoREESECTTOTHHCScRETIETEBICARoTHENRANSUECDORDEcPOLESEDRSCBEHDREENSsBJUCETToHTLLEEXLCSUONS0NNTocDoSNocSUPOHECSLlvSTSoHEEBNEEUDEcaDcDsM NS D sOL rJgR OLICY LI cEoNSUEcNPOLICY LI rTs $ $ ,q ,s ,qll $ 1, 000 , 000 300, 000 10, 090 1 ,00o,000 2,000,0!0 2, 00o ,000 1, 000 , 000 144639s??5336017 3 /a /20!7 .J4 3 /1/2A!B OTHER COIIIMERCIAL GENERAL LIABILIY ] CLAIMS.MADE X OCCUR 55373,55091 PERSONAL A ADV INJIJRY GENERAL AGGREGATE PRODUCTS COMP/OP AGG Htr€d & Non-Ow.6d Lktbilly EACH OCCURRENCE OAMAGE TO RENIED PREUISEs {Eao@ul!e!€l MED ExP (Any one person) AUTO OBILEUABIUTY X i ary euro - ALL O\,1,ilEDa TOS BOOTLY TNJURY (Per p666) S 3/l/20:17 3/1/2018 BoDTLY INJURY (Pd acooe.l) I PROPFRTY NAMAGE $(p6r accdenr) MBN 4975336000 A $ 1, 000, 0oo(Ea@cidgnr) s $ s A ON X UMBRELLA LIAB X 497s336001EXCESS IIAB OCCUR 5, O00,og0 5, 000 , 0003/a/2011 3/1/2018 AGGREGATE EACll OCCURRENCE oeo x lir/oRxERs coIPENSAll0 ANO EIlIPLOYERS' LIABILITY ANY PROPRIETOR/PARINER/EXECI]TIVE OFFICER/UEMBER EXCLUDED'EACHACC]DENT DISEASE. EA EMPLO-YE DISEASE, POLICY LIMII $ s $ Y/N E s82913 x B 1/!/2a17 1/1/20]€I 1ER TON OF 000 STAIUTE L 50!, q00 s00/ 000 A Hi!6dlRent6d Equipnent r4{6395775336017 3/a/17 3t/t/18 $1s0,000 s500 OESCRIPTION OF OPERATIONS / LOCATION S / VEHICLESRE: Cherry Lane 6 Baraya pRVs. (ACORD lOt, Addt(onat R.m.rt! Slh.duto, m.y bo.ttrchod rmoE.prc. tr requh€d)Ploject *107 60 CERTIFICATE H OLDER ACORO 25 (2014/01) lN5025 (2orao1) CANCELLATION o 1988.2014 ACORD C!R Tho ACORD name and logo are registered marks of ACORO TION. All righb reserved KY\ City of Meridj-an33 E Broadlray Ave,, Ste. 106l4eridian, fD A3642 AUIHORIZED REPRESET{TATIVE Alyshia Gamble /AG AAd'aArA," -234r"\- b.r- - PORA rD 8370? [&, No): {208) 3'a-0651 NAIC '18 98.8 36L29 INDICATED REQUIREMENT,DOCUI\,,IENT WTHrssuEoPERTAIN,THE TERIUS, GEN'L AGGREGATE LIMITAPPLIES PER L eorrcv x !fto; Loc ] ScHEoULED AUTOS NON.O\ANED AUTOS s I lHlREoaUToS Ix 89303,79516 SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLEO BEFORETHE _ExprRAroN oArE rH€REoF, NorcE wLL si oiiivliEii'i;ACCORDANCE WTH THE POLICY PROVISIONS. CONTRACT FOR PUBLIC WORKS CONSTRUCTION CHERRY LANE PRV rhvoln bey PROJECT # 10760 THIS COCFOR PUBLIC WORKS CONSTRUCTION is made this day of Oc ber 2017, and entered into by and between the City of Meridian, a municipal c rporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction, LLC , hereinafter referred to as "CONTRACTOR", whose business address is PO Sox 157 Star, ID 83669 and whose Public Works Contractor License # is C -14428 -AAA -4 . INTRODUCTION Whereas, the City has a need for services involving Pressure Reducing Valves (PRVs); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor CHERRY LANE PRVS page 1 of 13 Project 10760 The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian STAR CONSTRUCTION, LLC Purchasing Manager Attn: Ancil Irminger 33 E Broadway Ave PO Box 157 Meridian, ID 83642 Star, ID 83669 208-489-0417 Phone: 208-286-9198 Email: starconstructionll@gmail.com Idaho Public Works License #14428 -AAA -4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN NAME OF -CONTRACTOR , BY: BY: TAMMY de ERD, MAYORf Dated: // / �- l ;�" L CHERRY LANE PRVS Project 10760 Dated:' !� page 10 of 13 Approved by Council: Attest: C.JAY CbLES, UTY CLERK Purchasing Approval BY: AVZ1,'1-1J-7 / KEIT - A T urcha/sing Manager Dated::? i/ I Project Manager Garrick Nelson CHERRY LANE PRVS Project 10760 Go�QORp,TEDAC/GLS i 2 y Com�►�� o '[ E� Cit) -a �O \ SEAL A -,I Depar rnOnt Appr v51, BY: WA EN STEWART, City Engineer Dated:: 6 C- `f'y. , 2417— page 417 page 11 of 13 Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7T PROJECT NUMBER: ITEM TITLE: Approval of a Sole Source Purchase for Wastewater's Aqua Diamond Filter Media and Associated Parts from Aqua -Aerobic Systems, Inc. for the Not -to -Exceed amount $39,924.20. The Manufacturer has changed their business model and equipment is no longer available through any resellers; Manufacturer is a sole source distributor. MEETING NOTES V d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Laurelei McVey, Deputy Director Utility Ops Date: 11/2/2017 Re: November 8 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 8 th City Council Consent Agenda for Council’s consideration. Approval of a Sole Source Purchase for Wastewater’s Aqua Diamond Filter Media and Associated Parts from Aqua-Aerobic Systems, Inc. for the Not-to-Exceed amount $39,924.20. The Manufacturer has changed their business model and equipment is no longer available through any resellers; Manufacturer is a sole source distributor. Recommended Council Action: Approval of Sole Source Procurement upon completion of advertising per Idaho State Statute 67-2808 and also authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount $39,924.20. Thank you for your consideration. City of Meridian Purchasing Dept. M�IE III IST i CITY OF MERIDIAN SOLE SOURCE FORM Date: 10/18/2017 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: Aqua Diamond Filter Media and Associated Parts X Sale Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2"d page for completion, JUSTIFICATION: (Attach additional pages if needed) (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (v) The purchase of property for which it is determined there is no functional equivalent; The sole source vendor for these items (media and parts) is Aqua Aerobic Systems. They are the only manufacturer of these parts and media. This is a specialized piece of equipment that is not widely produced or replicated. There are no other vendors that produce or manufacture equivalent components. 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 sourcelsole brand meets the City's criteria and is accurate. Requestor (Print Name) artment Manager Signature Council Approval 91201-1 / �`-1 Da#e: l / Purchasing ✓ ,.� Approval: le -1 _ Purc ; ng Manager:.- SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this definition, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations:(i) Where property is required to respond to a life{hreatening situation or a situation which is immediately detrimental to the public welfare or property; (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing; (iv) The purchase of mass-produced movies, videos, books or other copyrighted materials;(v) The purchase of property for which it is determined there is no functional equivalent; (vi) The purchase of public utility services; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. THE FOLLOWING ARE NOT REASONS FOR SOLE SOURCE a)Personal preference for a product or vendor. Cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. Specifications that exceed requested performance. b) c) AQ-UA.AEROBIC SYSTEMS, I NC September 13,2017 Correspondence I D#: AAL/RP-9987 Meridian WWTP Attn: Tom Avery 340'1 N. Ten Mile Road Meridian, ldaho 83646 USA Ph#: 2081407-8975 Fx#: Unknown Project: IUERIDIAN WWTP, lD RE: RE: Sole Source Letter Project lD 108334 Dear Tom, The Aqua-Aerobic Systems, AquaDiamond@ Filter is of Aqua-Aerobic Systems (AAS) proprietary design, fabricated to AAS specifications. Aqua-Aerobic Systems is the exclusive original equipment manufacturer of the AquaDiamond@ unit at the Meridian facility, located in lt/eridian, lD. As such, all equipment and components are manufactured to AAS specifications, the exclusive vendor supplier for this equipment, this includes all types of replacement cloths. Davidson Sales & Engineering, is the Aqua-Aerobic Systems lnc. exclusive sole source Representative for the Meridian WWTP in the state of ldaho. Sincerely, '-L.* Sherry Pi Customer Service Representative CC: Davidson Sales & Engineering I ph#: 801-977-9200 I fx#: 801-977-9300 Paul Ir,4o ra Aeration & Mixing Biological Processes I fittratlon Membranes Process Control & Monatoring Aftermarket Parts & Services 6306 N. Alpine Rd. Loves Park, lL 61 I 1 1-7655 p 8l 5.654.2501 f 8'l 5.654.2508 www.aqua-aerobic.com 'd*: AqUA,AEROBIC SYSTEMS, I NC TO: MERIDIAN (CITY OF) 33 EAST BROADWAY AVENUE MERIDIAN TDAHO 83642 USA ATN: SANDRA RAMIREZ, PURCHASING SPECIALIST CC: Davidson Sales & Engineering, PaulMora AFTERMARKET PROPOSAL # 47096 PROJECT: MERIDIAN W\ /TP. lD MERIDIAN ID USA.MUN PROPOSAL DATE: Od.obet 12.2017 Qtv Descriotion Unit Price Total Price 8 We are pleased to quote, for acceptance within 60 days of this date, prices and terms on equipment listed below. Shipment of equipment will be completed 10 - 12 weeks- after receapt of purchase order with mutually acceptable terms and conditions, subject to credit approval. -Note: Actual shipment is dependent on equipment availability at the time of receipt of order. Diamond Cloths 440" (36' 8") OptiFiberPA2-13@ nylon type media Not recommended for chlorine use Part number 2967062-1 'l s2,510.20 s5.16 s1 11.41 $3 00 s 2.00 $26.00 $ 1 92.00 $o 1B $0.1 4 s0.44 s20,081.60 $20.64 $445.64 $552.00 s2 56.00 s208.00 $768.00 $47 .52 $64.40 $1 16.1 0 4 4 Cloth End Seals 1/2"PVC Foam Part number ?515213 8 Filter Attachment Bar Weldments Part number 291 5736-SX0 Replaces part number 2913785 184 Diamond Panel lnner Supports Part number 2515012 128 HHCS 5/16-18 X 2.50 FTHD 3165 Part number 2612082 Filter Frame Supports Pal. numbet 2515172 264 4 Nuts Hex Full 5/1 6-18 31 6 Part number 2600516 Flat washers 5/16, 316 stainless steel (9) needed per frame Part number 2600951 Hex Screws HHCS 5/16'-1 8 UNC x 1 .25 316 SS (9) needed per frame Part number 2609821 460 6306 N.Alpine Rd. LovesPark, lL61 1 l1-7655 p815.654.2501 Copynght 2017. Aqua Aerobic Systems lnc Rockford. lL 244 f 81 5.654.2508 www.aqua-aerobic.com Ptinled 10112t2017 1 52 24 PM Page 1 of 4 lf billing and/or shipping address is different please advise Band Clamps 19.2-21.1 lD 304 SS Part number 261 1955 Proposal Date: October 12, 2017 Proposal # 47096 +1- AQ.UA-AEROB IC SYSTEMS. I NC 264 FHSS 5/16-18 X 1.00 SOC 316 Part number 2607413 HHCS s/16-18 X .75 Part number 2605250 $1 86 $2.50 s0.30 $26 32 $33.00 $ 149.14 $1,0s0 52 $804.00 $81 .12 $491 04 $120.00 $2.40 $ 1 ,1 58.08 s1.452.00 $1,193.12 $2,101 .04 $1,608.00 $7,1 38.56 $37 ,824.20 $2,100.00 48 8 2 2 88 316 44 44 Cloth Retainer Bars Part number 2513639 Frame Support Bar Assemblies Part number 2963068 Slide Support Weldments Part number 2913784 Effluent End Weldments Short Pa numbet 2913228 Filter End Weldments Part number 2913783 Diamond Frame Quarter Panels Part number 2515077 PROPOSAL NOTES: 1. Freight to jobsite is included, FOB jobsite as included in the Pricing Summary, below. 2. Start-up supervision is not included. 3. Payable net 30 days from date of shipment subject to credit review. no retainage allowed. Pricinq Summary Equipment and/or Accessories: Freight: Total Job Price:$39,924 20 Material and/or services not specifically listed in this proposal are not included in the quoted TOTAL JOB PRICE and are to be supplied by others. Goods quoted above will be sold subject to the terms and conditions of sale set forth on the face hereof and the following pages entitled "Terms and Conditions of Aqua-Aerobic Systems, lnc. (A Metawater Company)": Any different or additional terms are hereby objected to. 6306N.AlpineRd. LovesPark,lL6llll-7655 p815.654.2501 Copyfight 2017 Aqua-Aerobic Systems. lnc Rockford. lL f 81 5.654.2508 www.aqua-aerobic.com Pt).led 101122417 1 52 24 PM Page 2 of 4 HHCS 5/16.18 X 3.OO FTHD 3165 Part number 2612081 Proposal Date: October 12, 2017 Proposal # 47096 AQI'A-A EROBIC SYSTEMS. INC I'ERMS AND CONDITIONS OF AQI]A-AEROBIC SYS'TEMS. IN(.. Page I o12 'fhis offer and all ofthe goods and sales ofAqua-Aerobic Syslems, lnc, are subjcct only to the follorr'ing terms and conditions. 'I'he acccptance ofany order resulting from this proposal is based on the express condition that the Buyer agrees to all thc terms and conditions herein contained. Ant terms and condilions in.ny order, which are in addilion to or inconsistent rtith the following. sh.ll not be binding upon Aqua-Aerobic System$, Inc, 'l-his proposal and any contracl resulting thcrefrom, shall be governed by and construcd in accordance with rhe la$s of rhe Slete of Illinois, !r'ithout regsrd to conllicts of lawr principles, PAYMEN'I' Un less specificall) stared other$ isc. quoted terms are Net 30 Da) s fiom shipping date. Past-due charges are I .57o per month and \\ ill appl) onl) on an) past-due balance. Aqua-Aerobic S]stems. lnc. does not allou relainage ofan) invoice amount. unlcss aulhorized in writing b) an authorized reprcsentati\e oi'our Lorcs Park. IIIinois olllce. DI]RATION O1' QTIOTATION This proposal ofAqua-Aerobic S) stcms. lnc. shall in no e\ ent be efl'cctiye more than 30 dat s lrom dale thereof. unless specificall) stated otheN ise. and is subject to change at an] lime prior to acceplance. SH IPM ENT Shipping dates are not a guarantee ol a panicular dal ofshipment and are appro\imate. being based upon present productirn information. and are subject to change per lhc production schedules existing at time ofreceipl ofpurchase order. Aqua-Aerobic S)stems. Inc. shall not be responsible lbr anl dela; in shipmcnt for causes bclond its control including. but not limited to. \\ar. riots. strikes. labor trouble causing inlerruption oI\ork. fires. other casuallies. transponation delals. modillcation oforder. an) act ofgo\ernmental aulhorities or acts ofCod. Quoted shipnrent dales in this proposal are appro\imate dales goods $ill be shipped and. unless agreed to in \\riting b) Aqua-Aerobic S) stems. lnc.. Bu\er mal not postpone or delal the dates ofshipment ofgoods from our planl or from our supplier's plants belond the dates set forth in this proposal. TITLE AND RISK OF LOSS All prices and all shipmcnts ol goods are F.O.B. Aqua-Aerobic S)stems. lnc.'s plant at Lo\es Park. lll,nois unless specificall) stated other$ise. Delirery ofthe goods sold hereunder to the carrier shall be deemed delilerl to the Bu) er. and upon such deli\ en . title to such goods and risk of loss or damage shall be upon Bu)'er. TAXES Prices quoted do not include an) ta\es. customs duties. or import fees. Bu1'er shall pal an), and all use. sales. pri\ile8e or other ta\ or cusloms duties or impon fees le\iedb) an) goremmental authorit) \\ith respect to thc sale or transportation ofanl goods corered hereb). lfAqua-Aerobic S)'stems. lnc. is required b) anl taring authoriq to collect or to pay'an1 such ta\. dub or fee. the Bu)er shall be separatel) billed al such lime fbr the amounts Aqua-Aerobic Sl stems. lnc. is required to pa1. SECI]RTTY If at an) time the llnancial responsibilit] olthe Bu) er becomes unsatisfactor-\' to Aqua-Aerobic S) stems. Inc.. or Aqua-Aerobic S) stems. Inc. othen|ise deems itself insecure as to receipl of full pa) mcnt ofthe purchase price fiom Bul er hereunder. Aqua-Aerobic S) stems. lnc. resen'es the right to require palment in ad\ance or securi$ or guarantee satisfactoD to Aqua-Aerobic Slstems. Inc. ofpalmenl in full ofthe purchase price. I,IMITATION OF A(]TION No action shall be brought against Aqua-Aerobic S) stems. lnc. for an) breach of its contract oi sale more than two ) ears after the accrual ofthe cause ofaction thereof and. in no erent. unless the Buler shall first ha\'e gi\en $ritten notice to Aqua-Aerobic Slstems. Inc.. ofanl claim of breach ofcontmct within 30 dals atier the disco\eD thercof'. CANCELLATION CLATiSE No acceptance ol'this proposal. by purchase order or other$ ise. ma) be modified e\cept b) \\'ritten consent ()1'Aqua-Aerobic S) slems. Inc. nor mal ir be cancelled ercept b) prior pal ment to Aqua-Aerobic S) slems. Inc. the follo\\ ing sums as liqu idated damages therefbr: I ) If cancellarion is prior to commencement ofproduction and prior k) the assumption ofanl obligations b1 Aqua-Aerobic S)'stems. lnc. fbr an) malerials or componenl parls. a sum equal to l57o ofthe total purchase price: 2) Ifcancellation is after the conrmencement of production or arler the assunrption ofan) obligations b! Aqua-Aerobic Slstems. lnc. lor an) malerials or component parts. a sum equal to the total olthe direct. oul-ol-pocket e\penses incurcd to the date ol'canccllation for labor. machine time. materials and an] charges made 1() us b1' suppliers for canccllation. plus 307o ofthe total purchase price. All charges and e\penses shall be as determined b) Aqua-Aerobic Slstenrs. lnc. ln the e\ent anl items are used b1 Aqua-Aerobic Slstems. lnc. ro lill a subsequenl order. then upon receipt ofpalment for such order. Aqua-Aerobic Slstems. Inc. shall pal the Bulcrasumequal to the direcl out-of-pockel erpenses preriousll charged and recei\ed from Bu)er. PROPRIETARY IN}'ORMA'I'ION This proposal. including all descripti\e data" dra\\ings- malerial. information and kno\-ho\ disclosed b) Aqua-Aerobic S)stems. lnc. 1() Bu)er in relation hcreto is confidential information intended solely for the confidential use ofBu]er. shall remain the propert) ofAqua-Aerobic S)stems. lnc. and shall nd be disclosed or othenyise used lo the disad\ antage or detriment ofAqua-Aerobic S) slems. lnc. in anl manner. 6306 N. Alpine Rd. Loves Park, lL6'1111-7655 p 815.654.2501 Copyrlghl 2017 Aqua-Aerobic Systems lnc Rockford. lL f 815.654.2508 Pr nled: www.aqua-aerobic.com 1A11212A17 1 52 24 PM Page 3 of 4 INSI.IRANCE Unless the goods are sold on a CIF basis. the Bu) er shall pro\ ide marine insurance lbr all risks. including rrar and general coYerage Proposal Date: Octobe l2, 2017 Proposal # 47096 AqLJA-AEROB IC SYSTEMS, INC TERlIS.{\D CO\Dtt tO\S OF AQLA-AEROATC S\ STE\rS, r\C. Page 2 of 2 Q[],TLI}'IED ACCEPI.,,\N('t- AND INDETINIT\ Llclircrcd br .\qua-.Acrlrhic S\\tcni.- lnc. conti)nr to this prog,sal as nodifiecl. pto1nsal as appr-oved bv anl third par1,. $ ARRANTY| Lll\t ITATION Ol' LIABILIT\ : A\D DISCLAIIIER ln rctum tbr purchasc and lullparntcnt fbr Aqua-Acrohic S\slcnts. Inc. goods. \c uan.ant ncu qoods pro\.idcd br us to be fiee litrn def'ects in nralcrials and \orknranship undcr nonral conditions and use lbl a pcriod olonc rear lionl lhc dalc the eoods are put into scn ice- or eighteen i\ put into scr\ ice or -11 ntonlhs liom the date of shipment (\\ hichc\ er occurs tirst). OUR OBLICATIO\ l-NDER TttlS \\'ARRANTY lS EXPRESSLY AND EXCLUSIYELY LII\IITED to replacing or r!'priring (rt our thal ol the manul'actuler thcrcol: I'III.] FOREGOI\G \\',\RII.\\I'Y IS NI,A.DE I\ I,II]T] oF ALL OTIIER \\'ARRA\TIES. IXPRESS OR I\IPLIID. A\I) OF ALL OTHER LIABII,II'IES A\D OBI,IGAI'IO\S O\ OUR P,\RI" I\('I-T DI\G -{\\'I,I,\BII-II'\'FOR \ll(;LIGE\CE. STRICl l.l \BII-IT\'. OR Ol llUR\\ lSf : -{\D A\\' I\r PLtt_D \\'.{RR\\I'\' OF \I ERCH.\\'I.{BI l_ IT\ OR FII'\ESS FOR .{ P,\Rl'lCt L.\R PL RPOSU IS }-\PRESSI-\- DISCl-,\t\tED: .\\D \r E E\PRESSL\ DE\\'THE RI(;HI-OF.{\\'OTHT,R PT-RSO\ TO I\CT'R oR.\SST'}IE FOR T'S -\\\'OTHER LI-\BILIT\ I\ CO\\ECTIO\\\ II'H 1'HE S.{LE OF.\\\'(;OODS PROVIDT]D I}\ T.S, TI{ERE.{RT- \o \\ -{ITR,.\\TIES OR (;T .\RA\TEES O}- PIRFOR}IA\CE T-\I-I-SS SPECI}'ICALLY ST,.\1'I.]D OTHER\\ISE. T \I)EII NO C IRCT. }I S1',\NC ES, INCLT- DI\(; ,\\\'CI-,\INI O}.' \I'(;I,I(;lj\CE. STRICI' LI,\I}tI,I1'\. OR ol'rItaR\\'tsE, sH,\Ll. ,\Qt',\-{EROBIC S\ S1'EuS. I\C. BE I_IABl.E FOtt.\\\'I\CIDE\T.\r, OR( o\sEQt-E\l l,\L D.\\t..\(;Es. cosTs oI, co\\ECTI\G. DISCO\\ UC.,I r \(;. OR A\\' t.OSS OR D.\I.\G[ liESt l.l l\G FRO\l .\ l)[-['l]C I t\ THE (;OOt)s. I_t\ 1 Ot'LI.\BIt.t t \ : .\et-.\-.\[ROBIC. S\ st [_]tS. I\C..SI'oI',\ I- LI,\BILITY T \ I)[- R I'II[ -{BOYE \\ ,.\IIR,\\I'\ IS LI\I ITED I'o I'II E REP.{IR OR It }- PI-.\CE\IE\,I OF .\\ \ I)[-Ft-C'I I\'E P.\RT. I'IIT- RT-}IEDIES SET IoRI'II IIEREI\ .{RE }-\('I-T SIYE. r\D OT'R I,I.\BII-I'I\ \\ ITII RT]SPECT TO,{\\ C'oYI R,\CT OR S-\L[. oR ,\\\ 'TIII\G DO\[ I\ CO\\EC'TIO\ I'HERI.-\\ I'I II. \\'IIETTIFR I\Co\ I'RACT. I\ I'ORI" T \I)ER A\\'\\,\RR,\\ I'\. oR OTHER\\ IST]. SII,\LL \OT. I\ \\\ C',\ST]. }-\CEED TIIF, PRI('E ()F THE GOoDS T Po\ \\'HICH ST CII I-I,\RILIT}'IS BASEI). Finul acceptancc ofthis proposal must bc givcn to Aqua-Acrobic Systems. lnc. at rhcir olficc in Lores Park. Illinois acccplance b), signing thc proposal and retuming it to Aqua-Acrobic Svstems. lnc. Plcrsc acknou lcdgc Accepted by:Offer Res Submitted. 6306N.AlpineRd. Loves Park, lL 61 I 't I -7655 p815.654.2501 Copyrght20'17 Aqua-Aerobic Syslems lnc Rockford lL gle, Aftermarket External Sales Specialist Aqua-Aerobic Systems, lnc. J f 8l 5.654.2508 www.aqua-aerobic.com Ptinled 1Ah212017 1:5224 PM Page 4 of 4 Date:By: City Of, lreridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 60 - Enterprj.se Fund 3510 - il9l treatsent P].arrt Fror: 10/l/2A11 Thr:ough 9/30/2018 Percent of Budget Remai ni ng Budget with Amendmen t s Current Year Actual Budget Remaining OPERATING COSTS P]ant Repalrs TOtAl OPERATING COSTS 150,000 150,000 00 00 150,000.00 150, 000 . 00 100.009 100.00r 0.0053142 DEPT EXPENDITURES TOTAL EXPENDITURES u.!(l 150,000.00 150,000.00 0.00 150,000.00 150,000.00 100.00s 100.00t0. 00 DaLe:10/2/lt 03: 5?: 1'r PM Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7U ITEM TITLE: PROJECT NUMBER: AP Invoices Paid 1 1 /1 /17 - $757,313.68 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund 4345 LINDER ROAD LLC Refund, App# H-2016-0101, Decatur Estates #2, Final Plat Mod 541.00 01 General Fund A & i DISTRIBUTORS antifreeze for Settlers splash pad winterization - qty 4 71.76 01 General Fund A & i DISTRIBUTORS oil, antifreeze, wiper fluid for Parks Shop - qty 14 362.92 01 General Fund ABILA, INC #11589, MIP Software Maintenance, 12/31/17-12/30/18 11,989.00 01 General Fund ACCELA, INC.18-0080 Annual Maintenance 10/1/17-9/30/18 Accela Land manag 32,425.07 01 General Fund ACTION FORKLIFT SERVICE Lanark Parks Shop forklift repairs to brakes 398.25 01 General Fund ADA COUNTY PROSECUTOR DR17-970, 15% of $1150.00 Cash Awarded, CR# 30329 10/24/17 172.50 01 General Fund ADA COUNTY SHERIFF'S OFFICE 18-0083 220/Ada Co Dispatch for Oct-Dec 2017 21,780.55 01 General Fund ADVANCE AUTO PARTS credit on parts for Settlers splash pad - qty 2 (6.06) 01 General Fund ADVANCE AUTO PARTS fleet truck 26 tail light bulb - qty 1 4.19 01 General Fund ADVANCE AUTO PARTS grease for Parks Shop - qty 2 9.74 01 General Fund ADVANCE AUTO PARTS oil filters & grease zerk tips for equipment - qty 6 21.78 01 General Fund ADVANCE AUTO PARTS parts & supplies to winterize Settlers splash pad - qty 13 72.11 01 General Fund ADVANCE AUTO PARTS wire for Parks Shop projects - qty 100 63.00 01 General Fund ALLEGIANT POWDER COATING, LLC powder coat ramp for trailer 365.00 01 General Fund ALLEGIANT POWDER COATING, LLC Tully Park irrigation filter standpipe powder coating 185.00 01 General Fund AMERICAN PLANNING ASSOCIATION FY18-10/1/2017-9/30/2018 P&Z mbrshp-Idaho Chapter-members: R 130.00 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/12 new recruits, uniform badge name tags - Qty 24 302.27 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 10/16-10/18/17 qty 9 games 409.23 01 General Fund BOLEN'S CONTROL HOUSE 24-volt latching relay for Settlers door locks - qty 1 57.71 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 2, detergent, tissue, towels - qty 7 333.53 01 General Fund BRIGHTON PROPERTIES, LLC Refund, Surety-2016-0021, Paramount Square Sub, Final Releas 29,392.00 01 General Fund CABLE ONE 112461900, Cable Service City Hall, 10/16/17-11/15/17 36.75 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC 220/CrewSense Support Plan for Fire 10/5/17-11/4/17 39.99 01 General Fund CARL'S CYCLE SALES Winter Motor Gloves for Simon 79.96 01 General Fund CASCADE SEALANTS INC 18-0078, Sidewalks & Aprons Repairs - Final Invoice 13,357.00 01 General Fund CDW GOVERNMENT CradlePnt 1100 Rugged Router VZW 3,960.00 01 General Fund CDW GOVERNMENT Cradlepnt ECM Prime 1 Yr 65.00 01 General Fund CDW GOVERNMENT CradlePnt EMC Prime 1 yr 325.00 01 General Fund CDW GOVERNMENT RSA Auth Mgr Mnt Bas/Ext 1MO 155-250 1,977.60 Date: 10/26/17 12:38:08 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 CITY OF NAMPA DR17-2742, 25% of $950.00 Cash Siezed, CR#30272 10/19/17 226.25 01 General Fund CLOVERDALE NURSERY sand for Kleiner tree arboretum - qty 15 yards 375.00 01 General Fund CLOVERDALE NURSERY topsoil for arboretum trees - qty 15 yards 262.50 01 General Fund COEUR D'COM COMMUNICATIONS INC Aruba Instant IAP-305 IEEE 802.11ac 1.7Gbit/s Wireless Acces 3,230.81 01 General Fund COMMITTED CASEWORKS AND EVENTS, LLC 2017 Gene Kleiner Day sound production, 9/16/17 750.00 01 General Fund CONSURCO INC 17-0403, Fire Stations Floor Sealing - Retainage - Final Inv 700.00 01 General Fund CONSURCO INC 18-0024, Modify Vents to Sit Flush w/ Floors @ Fire Sts-Reta 10.00 01 General Fund CONSURCO INC 18-0024, Modify Vents to Sit Flush Wth Floor @ Fire Stations 190.00 01 General Fund DA VINE AIR LLC 17-0404, Retainage for Fire Station #3 Duct Cleaning, Final 51.88 01 General Fund DA VINE AIR LLC 17-0404, Retainage for Fire Station #4 Duct Cleaning - Final 53.62 01 General Fund DEBEST PLUMBING, INC Replaced main water line in building at City Hall 1,220.00 01 General Fund DEBEST PLUMBING, INC winterize & repair Homecourt hose bibbs 172.50 01 General Fund DELL MARKETING L.P.VLA Indesign CC MLP Multi North AM Language Lic Subs Per Use 306.41 01 General Fund DIVERSIFIED SYSTEMS INC 220/Repair Air compressor at St. 4 371.78 01 General Fund ELOVETA WEATHERBY Refund, Rec# 2003713.002, Withdrew from Water Color Class, 7 45.58 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 220/Prev Health Exams,Allen,Hamilton,Brower,Medica,Bowers 3,127.87 01 General Fund FASTENAL COMPANY electrical tape for Christmas light connections - qty 10 8.08 01 General Fund FASTENAL COMPANY zip ties for Christmas lights - qty 400 10.52 01 General Fund FEDEX Background Packet Sent to candidate: Ship Date 9/29/17 -FY17 25.75 01 General Fund FIRE ENGINEERING 220/Fire Engineering Magazine Subscriptions x qnty 5 195.00 01 General Fund GEM STATE PAPER & SUPPLY CO hand soap for all park restrooms - qty 5 216.00 01 General Fund GEM STATE PAPER & SUPPLY CO miscellaneous restroom supplies for all parks - qty 237 9,231.49 01 General Fund GEM STATE PAPER & SUPPLY CO restroom hand soap for all parks - qty 5 246.35 01 General Fund GEM STATE PAPER & SUPPLY CO trash bags, cleaner, cloths for park restrooms - qty 44 1,403.63 01 General Fund GOVCONNECTION INC 18-0023 EDU Surface Pro 256GB i5 8GB, Surface Pro 4 Dock Com 11,444.49 01 General Fund GOVCONNECTION INC 18-0023 MS Surf Pro 3/4 4yr Extd Warr - Qty 6 849.30 01 General Fund GOVCONNECTION INC 18-0023 MS Surf Pro 3/4 4yr Extd Warr - Qty 7 990.85 Date: 10/26/17 12:38:08 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 GOVCONNECTION INC 18-0023 Surfce Pro 256GB i5 8GB No Pen - Qty 6 7,014.60 01 General Fund GOVERNMENT FINANCE OFFICERS AS GFOA Annual Dues, R. Cunningham, T. Lavoie, J. Fields, 12/1/ 640.00 01 General Fund H.D. FOWLER COMPANY drinking fountain parts for Kleiner Park - qty 20 10.00 01 General Fund H.D. FOWLER COMPANY irrigation parts for all parks - qty 55 27.91 01 General Fund H.D. FOWLER COMPANY irrigation parts for downtown tree wells - qty 150 39.50 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 21 27.58 01 General Fund H.D. FOWLER COMPANY parts for Tully Park pump filter install/upgrade - qty 13 790.84 01 General Fund H.D. FOWLER COMPANY parts for Tully Park pump filter install/upgrade - qty 3 251.09 01 General Fund H.D. FOWLER COMPANY parts for Tully Park pump filter install/upgrade - qty 6 164.64 01 General Fund H.D. FOWLER COMPANY valve box cover for Tully amiad filter - qty 1 14.97 01 General Fund HIGHLIGHT TECHNOLOGIES INC Generations Plaza brass memorial plaques - qty 250 1,162.50 01 General Fund HRE LLC Tenzinga Perofmrance Management Annual License Fee (annual p 480.00 01 General Fund IDAHO PEST & BIRD SOLUTIONS, LLC.Monthly pest control, service 9/29/17-10/29/17 175.00 01 General Fund IDAHO POWER 2205054725, Police Power October 2017 -3,214.04 01 General Fund IDAHO POWER 2223029774, Street Light Power for Twisted Creek - Oct 2017 23.34 01 General Fund IDAHO POWER 2223029774, Street Light Power for Twisted Creek - Sept 2017 19.27 01 General Fund IDAHO POWER 2223029774, Street Light Power for Twisted Creek-Oct 17- Fin 6.13 01 General Fund IDAHO STATE INSURANCE FUND #36670, Workers Comp Payroll Premium 7/1/17-9/30/17 118,861.19 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Registration for Lic# C8242, MPR Fleet Truck #12 23.00 01 General Fund INSIGHT PUBLIC SECTOR, INC.Zebra ZQ500 Series ZQ520 Label Printer 605.00 01 General Fund INTERMOUNTAIN TRAFFIC Traffic Light Power Supply for New Veh# 101, 102, 103, 104 1,900.00 01 General Fund INTERSTATE ALL BATTERY CENTER batteries for new park cameras - qty 1 pack 9.50 01 General Fund JON SALISBURY Per Diem, J. Salisbury, 2017 ALERRT Conference, San Marcos T 280.50 01 General Fund KREIZENBECK, LLC 17-0351 Homecourt zoo fan installation pay #1 thru 10/9/17 26,758.00 01 General Fund L.N. CURTIS AND SONS 220/2 pair uniform pants for stock 310.00 01 General Fund LAWN CO MAINTENANCE Repair Drainage Problem on East Side of Bldg, 9/14/17 1,014.00 01 General Fund LAWN CO MAINTENANCE sprinkler repairs at various sites, 9/8/17-9/19/17 223.47 01 General Fund LEA ELECTRIC, LLC.220/Repair gas solenoid at St. 2 69.00 01 General Fund LEANN WHEELER Refund, Rec# 2003704.002, Automobile Drawing & Coloring Clas 36.04 Date: 10/26/17 12:38:08 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 LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, Oct 2017, 268238-5 1,070.05 01 General Fund LEXIPOL, LLC The one year law enforcement policy manual update subscript 4,950.00 01 General Fund MARY ROWLEY Refund, Youth Gold Lessons Class, A. Rowley, 6/25/13 61.48 01 General Fund MATERIALS TESTING & INSPECTION compaction testing-Five Mile Creek Path H2 Badley-Fairview 204.56 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, R. Simison, Gov Affairs Committee Meeting, 10/16/17 12.00 01 General Fund MODERN PRINTERS Building Services inspection tags - Qty 26,000 3,048.00 01 General Fund MODERN PRINTERS Business Cards for Helms & Weitzel 56.00 01 General Fund MODERN PRINTERS Combined Walking Tour Brochures FY 17 - Qty 2500 2,756.00 01 General Fund NICK KULACK Per Diem, N. Kulack, 2017 ALERRT Conference, San Marcos TX, 280.50 01 General Fund NOTHWEST SAFETY CLEAN 220/cleaning & repair of turnouts for Bjerke 81.60 01 General Fund OFFICE DEPOT, INC.index cards, paper, CD envelopes - qty 8 76.98 01 General Fund OFFICE DEPOT, INC.Name Badge Holders - Qty 8 Pk 80.88 01 General Fund OFFICE DEPOT, INC.Plates for Break Room - Qty 2 Cases 86.38 01 General Fund OFFICE DEPOT, INC.Plates, Toners, Pencil Lead, Labels, Highlighters, Pens, Sta 247.29 01 General Fund OFFICE DEPOT, INC.Speakers, Z150, Logitech BL 161.84 01 General Fund ON THE SPOT CLEANERS #15 220/Dryclean uniforms 12.00 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning For PD Unifoms, Sept 2017 - Qty 219 1,095.00 01 General Fund OPENGOV INC 18-0043 OpenGov ERP Integration GA Between $80-100 Million 12,425.00 01 General Fund OVERHEAD DOOR COMPANY 220/Repair garage door St. 1, training tower 324.00 01 General Fund PETER T MEGIS JR Settlers splash pad inground fountain can repairs - qty 2 60.00 01 General Fund RESOND FIRST AID SYSTEMS OF IDAHO bandages, wipes, tape, ointment, aspirin, ear plugs, glasses 486.64 01 General Fund REVVED UP MOTORSPORTS Rear Tire for Unit # 523 254.00 01 General Fund RIA ROX INC.Annual Hosting for Domain OpportunityMeridian.org 83.40 01 General Fund RICOH USA, INC C86197400, Copies 9/1/17-9/30/17 53.92 01 General Fund RMT EQUIPMENT 18-0008 Ventrac cabs & mowers - qty 4 24,787.00 01 General Fund RMT EQUIPMENT hydro filters & oil for Ventracs - qty 4 122.56 01 General Fund ROBERTSON SUPPLY, INC.steel couplers for Tully irrigation - qty 3 12.58 01 General Fund SABRINA MARIE PROCTOR Student Art Award, Sabrina Proctor, High School Winner, Jull 75.00 01 General Fund SOUTHERN COMPUTER WAREHOUSE ASU-VA325H LED LCD Monitor 393.44 Date: 10/26/17 12:38:08 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 SOUTHERN COMPUTER WAREHOUSE NMO-10NMXP25 Netmotion Wireless Netmotion Premium Tech Suppo 3,690.56 01 General Fund STRICTLY TECHNOLOGY HP V244h LED Monitor 3,937.60 01 General Fund SUMMIT ENVIRONMENTAL 18-0076, Mold Remediation for Fire Stations, Sept 17- Final 2,999.70 01 General Fund SW IDAHO FIRE & EMS CHIEFS ASSOCIATION 220/SWIDFC Dues, 12 Members, 1/1/18-12/31/18 3,300.00 01 General Fund SYNCB/AMAZON credit on defective & damaged MPR Christmas gifts - qty 2 (13.99) 01 General Fund SYNCB/AMAZON EZM Articulating Dual Monitor Mount Stand Free Standing 47.95 01 General Fund SYNCB/AMAZON Return -Seagate Expansion 3TB Desktop External Hard Drive US (79.99) 01 General Fund SYRINGA NETWORKS, LLC 18-0041 DarkFiber Lease (4 Strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Order# 078073 Internet B/W (100MB) Order# 078075 Internet B/ 800.00 01 General Fund Tami J Leach instructor fee - Pickleball 101 9/14-10/5/17 484.00 01 General Fund TARA YEE Refund, Rec# 2003715.002, Withdrew from Jump Jive! Boogie Wo 30.00 01 General Fund TREASURE VALLEY PARTNERSHIP TVP Membership Dues FY18 10,044.00 01 General Fund ULTRA CLEAN 17-0402, 18-0077, Mold Remediation @ Fire Stations To9/29/17 12,224.90 01 General Fund ULTRA CLEAN 18-0079 220/clean up mold St. 5 2,570.49 01 General Fund ULTRA CLEAN Refund, Performance Bond, Fire Station Floor Mold Cleaning, 12,758.01 01 General Fund UNIFORMS 2 GEAR Replacement Flashlight for Unit #6 133.00 01 General Fund UNIFORMS 2 GEAR Replacement Pants damaged on duty - Ahl 71.75 01 General Fund UNIFORMS 2 GEAR Shirts w/Embroidry & Patches for SRO Assignment, J. Gonzalez 148.14 01 General Fund UNIFORMS 2 GEAR Speed Plates for Armor Vests for New Hires - Qty 5 484.20 01 General Fund USSSOA Flag Football officiating 10/9-10/20/17 - qty 14 1,108.38 01 General Fund USSSOA volleyball officiating for games 10/9-10/20/17 - qty 98 1,091.12 01 General Fund VALLEY SHEPHERD NAZARENE CHURCH Dessert for Annual Mayor's Faith Leaders Luncheon 50.00 01 General Fund VLCM 18-0003 ShoreTel Renewal No Phones 1 Year 10,829.09 01 General Fund WEIDNER & ASSOCIATES 220/5 spanner wrenches 193.75 01 General Fund WESTERN STATES EQUIPMENT CO dump trailer rental 10/3-10/4/17 126.25 01 General Fund XEROX CORPORATION - PASADENA MX4-506016, Xerox 7845, Lease 09/2017; click fees 9/15-10/13 455.55 01 General Fund YOUNG YOON Refund, Rec# 2003716.002, Culinary Mischief Class Cancelled, 51.94 Date: 10/26/17 12:38:08 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 440,833.12 07 Impact Fund MATERIALS TESTING & INSPECTION 17-0279 Reta Huskey Park testing/inspection 10/2-10/15/17 170.00 Total 07 Impact Fund 170.00 20 Grant Fund governmental IDAHO TRANSPORTATION DEPARTMENT Refund Per Diem for M. Carter & D. Moe for DRE Training @ IA 414.00 20 Grant Fund governmental JESSE TREE OF IDAHO Reimburse for Emergency Rental Assistance for CDBG 600.00 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION 17-0381, Sidewalk Design Costs for CDBG Grant,9/1/17-9/30/17 17,899.63 20 Grant Fund governmental MURRAYSMITH INC 17-0263, Todd & Sandalwood Lighting Proj, Service Thru 9/30/ 2,480.00 Total 20 Grant Fund governmental 21,393.63 55 Capital Projects EXCELSIOR CONSTRUCTION 17-0340, 17-4014, City Hall Amphitheater ADA Upgrades-8/12/1 3,990.00 55 Capital Projects EXCELSIOR CONSTRUCTION 17-0414, City Hall Amphitheater ADA Upgrades - Retainage, Fi 1,285.00 55 Capital Projects INSIGHT ARCHITECTS, pa ADA Compliance Survey Consulting fees for City Hall - Sept17 294.00 Total 55 Capital Projects 5,569.00 60 Enterprise Fund A COMPANY INC WRRF Cap Exp FY15, services 9/18-9/30/17 42.01 60 Enterprise Fund A COMPANY INC WRRF Capacity Exp FY15, Portable Restrm Service10/1-10/15/17 48.49 60 Enterprise Fund ACCELA, INC.18-0080 Annual Maintenance 10/1/17-9/30/18 Accela Land manag 11,340.04 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC filters 73.20 60 Enterprise Fund ALEJANDRO R. SAPIENS & MARY N. MKANGARA Refund, 3772025003, Wat/Sew/Trash, 2136 S Covey Ave, Custome 40.42 60 Enterprise Fund ALL AMERICAN INSURANCE New Notary Bond for T. Reuter, 10/16/17-10/16/23 50.00 60 Enterprise Fund AMY MATZ Refund, 2046043202, Wat/Sew/Trash, 3708 E Congressional Dr, 76.50 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Water testing for Pretreatment (2 qty)190.00 Date: 10/26/17 12:38:08 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 ASAP AUTO SERVICES Insurance Claims, Towing for Veh C13154, Willowbrook Damages 284.00 60 Enterprise Fund BABAS & JENNIFER KRISTOFER Refund, 1313460003, Wat/Sew/Trash, 5031 W Tournament Dr, Cus 97.09 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0122, 18-0081, Bills 9/20/17 & Delinquent Notices 9/25/17 11,568.52 60 Enterprise Fund BOE - Boise Office Equipment XKP547491, Additional Copies - 8/3/17-9/2/17 164.07 60 Enterprise Fund BOE - Boise Office Equipment XKP547491, Additional Copies - 9/3/17-10/2/17 167.09 60 Enterprise Fund BOE - Boise Office Equipment XKP547491, Copier Lease - 9/1/17-9/30/17 275.80 60 Enterprise Fund BRADLEY D. LOWE Refund, 0303574403, Wat/Sew/Trash, 2207 W Divide Creek St, A 83.31 60 Enterprise Fund BRIAN KERR Reimb, B. Kerr, Responsible Person Training, Boise ID, CON14 55.00 60 Enterprise Fund CAREER UNIFORMS Logo Print and Patch Sew on Employee Clothing Qty 4 29.80 60 Enterprise Fund CARL & DEE ANN HURTT Refund, 0808509003, Wat/Sew/Trash, 1232 E Grand Canyon, Cust 72.94 60 Enterprise Fund CAROLEE GILL Refund, 4616060304, Wat/Sew/Trash, 3678 S Montague Way, Titl 135.96 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0311,17-0375,WRRF Capacity Exp.FY15,as of 9/30/17 19,798.39 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0320, WRRF SCADA Planning & Programming, Service To 9/30 23,501.83 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384,WRRF Headworks Upgrades, as of 9/30/17 15,355.81 60 Enterprise Fund CHAD CASSELL Reimb, C. Cassel, Responsible Person for Erosion & Sediment 55.00 60 Enterprise Fund CHANNING & MITZIE BRYANT Refund, 3535030503, Wat/Sew/Trash, 2800 S Tagish Way, Custom 23.47 60 Enterprise Fund CHRISELDA TAYLOR Refund, 4650050102, Wat/Sew/Trash, 4436 S Mitman Way, Custom 96.64 60 Enterprise Fund COBBLESTONE PROPERTY MGMT Refund, 0881081802, Wat/Sew/Trash, 556 E Heritage Park, Rent 44.07 60 Enterprise Fund CONNIE PALUMBO Refund, 1779031505, Wat/Sew/Trash, 620 E Chateau Dr, Title C 168.75 60 Enterprise Fund CUES Cable to repair transporter on CCTV Van 1 117.50 60 Enterprise Fund CUES Parts to repair transporter on CCTV Van 2 1,320.97 60 Enterprise Fund D & B SUPPLY 5 Gallon Utility Jug, Jug Spout Qty 4 69.96 60 Enterprise Fund D & B SUPPLY Green Safety Coveralls & Hose Clamps - Qty 5 202.55 60 Enterprise Fund D & B SUPPLY Green safety protection coveralls for Keith Slack 66.99 60 Enterprise Fund D & B SUPPLY J-Bolts, Turbuckles - Qty 8 27.12 60 Enterprise Fund D & B SUPPLY Propane Tanks, Buring Torch, Auto Start Kit Qty 11 459.89 Date: 10/26/17 12:38:08 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 Pump to replace broken pump on CCTV Van 2 109.99 60 Enterprise Fund D & B SUPPLY Return rockwall coat, purchase sherpa JKT & Kevlar Vest 20.01 60 Enterprise Fund D & B SUPPLY Returned pump (109.99) 60 Enterprise Fund D & B SUPPLY Silcone, Sno Seal Wax Qty 3 18.97 60 Enterprise Fund DAVID WICK Refund, 4618200403, Wat/Sew/Trash, 4326 S Montague Way, Cust 48.31 60 Enterprise Fund DJW PROPERTY MANAGEMENT Refund, 0580110302, Wat/Sew/Trash, 445 E Almos St, Both DJW 40.70 60 Enterprise Fund ESP PRINTING & MAILING Remaining balance 2017 Water Report-16 Page Booklet Qty40955 5,166.23 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.Lab DI water maintenance agreement-Serviced 10/2/17 557.00 60 Enterprise Fund FASTENAL COMPANY Blue Cable Ties Qty 200 92.44 60 Enterprise Fund FASTENAL COMPANY Hard hats, safety vests for Asset Management team - qty 9 137.91 60 Enterprise Fund FASTENAL COMPANY Small Nitr Gloves for Hydrant Painting Qty 1 12.38 60 Enterprise Fund FERGUSON ENTERPRISES INC.17-0406 Sensus FL-6502-GB RF Meter Transmitters Qty 2 17,477.46 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0017 Meter Flange Access Qty 5, Ford Meter Key Qty 4 110.98 60 Enterprise Fund FERGUSON ENTERPRISES INC.Brass Male Adpter Qty 4 83.47 60 Enterprise Fund GEORGE & MARY RANE Refund, 0470192104, Wat/Sew/Trash, 642 W Valentino St, Custo 75.00 60 Enterprise Fund GORDON HADDON Refund, 4701030802, Wat/Sew/Trash, 3461 E Cullen St, Custome 33.74 60 Enterprise Fund GREEN VILLAGE DEVELOPMENT, INC.Refund, Surety-2015-0008, Heritage Grove Sub #2, Release of 16,989.28 60 Enterprise Fund H.D. FOWLER COMPANY IPS Ford Stiffner, 18 Tall Resetter Qty 28 890.72 60 Enterprise Fund HONG REN & YI XIE Refund, 0470250404, Wat/Sew/Trash, 5382 N Fox Run Way, Custo 33.56 60 Enterprise Fund IDAHO STATE INSURANCE FUND #36670, Workers Comp Payroll Premium 7/1/17-9/30/17 27,490.81 60 Enterprise Fund IDAHO TRANSPORTATION DEPARTMENT Vehicle Registration renewal C12621 23.00 60 Enterprise Fund IDAHO TRANSPORTATION DEPARTMENT Vehicle Registration renewal C8346 23.00 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AA batteries 24pk 19.00 60 Enterprise Fund JAMES & LORI ANN BAIRD Refund, 6600025302, Wat/Sew/Trash, 6554 N Fairborn Ave, Cust 25.29 Date: 10/26/17 12:38:08 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 JAMES PAGE Refund, 2907107603, Wat/Sew/Trash, 1788 W Merganzer Dr, Cust 23.05 60 Enterprise Fund JCJ IDAHO LLC.Refund, 0881020902, Wat/Sew/Trash, 268 E Cornell Dr, Custome 45.41 60 Enterprise Fund JEAN E. TYE Refund, 2590061502, Wat/Sew/Trash, 4117 W Newland St, Custom 49.05 60 Enterprise Fund JHIMY RODRIGUEZ Refund, 1420125004, Wat/Sew/Trash, 3280 W Sugar Creek Dr, Ti 125.00 60 Enterprise Fund JOHN & JOANN RICCIOTTI Refund, 1626030502, Wat/Sew/Trash, 102 W Indian Rocks St, Cu 60.29 60 Enterprise Fund JUAN & CELINA RUELAS Refund, 2403028602, Wat/Sew/Trash, 597 N Mineral Wells Ave, 33.96 60 Enterprise Fund JUB ENGINEERS 16-0377,17-0423,17-0424,Water/Sewer Rep.,service 7/2-7/29/17 19,166.60 60 Enterprise Fund JUB ENGINEERS 16-0377,17-0424,Water/Sewer Rep,E.State,service 7/30-9/30/17 13,371.70 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Bearings & seal to repair spare pump, backwash w/shaft, 235.80 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Bearings & seals to repair spare pump, backwash w/shaft 80.62 60 Enterprise Fund KERRY & KENRA SMEDLEY Refund, 2525991802, Wat/Sew/Trash, 1122 N Stronghold Ave, Cu 353.98 60 Enterprise Fund KEVIN & LAURA BROTHERSON Refund, 3535019902, Wat/Sew/Trash, 3144 S Tagish Pl, Auto Pa 57.45 60 Enterprise Fund MARC E. & PAMELA K. HOLMES Refund, 3669031804, Wat/Sew/Trash, 1122 E Basenji St, Custom 97.20 60 Enterprise Fund MARION & PENELOPE OWNBEY Refund, 1521316201, Wat/Sew/Trash, 3075 N Thames Ave, Auto P 103.28 60 Enterprise Fund MARK HOPKINS Refund, 4660061806, Wat/Sew/Trash, 3903 S Basilica Way, Cust 81.75 60 Enterprise Fund MARY WOOD Refund, 3460118602, Wat/Sew/Trash, 3477 E Yesternight St, Cu 71.50 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0354,WRRF Boise River Outfall Upgrades,10/2-10/15/17 76.20 60 Enterprise Fund MATERIALS TESTING & INSPECTION Concrete Testing, Collection Equip Facility, 9/4/17-9/17/17 168.20 60 Enterprise Fund MATTHEW R. BEERS Refund, 0830310406, Wat/Sew/Trash, 4044 N Quenzer Way, Custo 57.90 60 Enterprise Fund MATTHEW TREYDTE Refund, 0881030601, Wat/Sew/Trash, 96 E Anton St, Title Comp 20.77 Date: 10/26/17 12:38:08 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 McCALL INDUSTRIAL Threaded coupling, threaded plug, 90 degree elbow & cap 23.63 60 Enterprise Fund MODERN PRINTERS 250 coloring books received on 9/15/17 698.00 60 Enterprise Fund MOUNTAIN WEST IRA INC.Refund, 0808057403, Wat/Sew/Trash, 3881 N Legacy Common Ave, 73.62 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Grease gun 77.59 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Lifting handles to install on belt covers at pumps 1 & 2,13.76 60 Enterprise Fund MURRAYSMITH INC 16-0144, Water & Sewer Main, Gregory Lift Station, 9/30/17 1,316.50 60 Enterprise Fund MURRAYSMITH INC 17-0091,Water Main Ext Amity/Linder, services as of 9/30/17 8,026.50 60 Enterprise Fund MURRAYSMITH INC 17-0141, Water Master Plan, as of 9/30/17 8,209.50 60 Enterprise Fund MURRAYSMITH INC 17-0173,Water/Sewer Main Rep Pine & Meridian, as of 9/30/17 2,049.50 60 Enterprise Fund MURRAYSMITH INC 17-0184,Water System Model Support,as of 9/30/17 417.00 60 Enterprise Fund MURRAYSMITH INC 17-0353,Infiltration&Inflow Monitoring,service Sept 2017 1,807.00 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change & Antifreeze Replaced on C15281 103.82 60 Enterprise Fund NAPA AUTO PARTS Injector cleaner 3.98 60 Enterprise Fund NICK H. JR. & LINDA K. TERRY Refund, 1309081405, Wat/Sew/Trash, 5274 W McMurtrey St, Cust 56.06 60 Enterprise Fund O'REILLY AUTO PARTS 5 gal bucket, 1 gal car wash & van brush 28.97 60 Enterprise Fund O'REILLY AUTO PARTS Oil 22.99 60 Enterprise Fund O'REILLY AUTO PARTS Parts to install water diaphragm pressure pump on 9.72 60 Enterprise Fund OFFICE DEPOT, INC.3 cases of copy paper 76.17 60 Enterprise Fund OFFICE DEPOT, INC.L Desk, Hutch w/Glass, Office Chair, 6-oulet powerstrip #5 442.30 60 Enterprise Fund OFFICE DEPOT, INC.Power Surge Strip Qty 1 15.19 60 Enterprise Fund PAUL E. & ERIN K. SWEENEY Refund, 1313610606, Wat/Sew/Trash, 3110 N Valley Green Way, 93.41 60 Enterprise Fund PHILLIP NOTARIANNI Refund, 0881080402, Wat/Sew/Trash, 623 E Anton St, Customer 96.40 60 Enterprise Fund PLATT Credit for return V2003 Supt Clip Qty 10 Ref INV Z086005 (12.54) 60 Enterprise Fund PLATT High-Bay Light Fixture for Mezzanine in Maint shop - Qty 1 325.41 60 Enterprise Fund PLATT Parts to move light switch to mezzanie in Maint shop plus 192.37 60 Enterprise Fund PLATT Returned parts-see original inv#Z194523 & L351642 (37.74) 60 Enterprise Fund PLATT Water Quality Room Motion Dect Switch Qty 1 133.65 Date: 10/26/17 12:38:08 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 ROBERT & LISA COMPTON Refund, 0550110903, Wat/Sew/Trash, 811 E Silver Torch St, Au 102.39 60 Enterprise Fund ROBERT GREENER Refund, 3565068403, Wat/Sew/Trash, 1950 E Blue Tick St, Cust 76.00 60 Enterprise Fund ROBERTA . L MYERS Refund, 3688022103, Wat/Sew/Trash, 2270 S Blackspur Way, Cus 41.18 60 Enterprise Fund ROBERTSON SUPPLY, INC.Dosing Pump Head Valve, Pump Head Repair Kit Qty 4 3,872.00 60 Enterprise Fund ROD & JANET GULL Refund, 0885100302, Wat/Sew/Trash, 513 E Burney Glen Dr, Cus 28.83 60 Enterprise Fund RONALD & HOLLY MOWERY Refund, 0392060503, Wat/Sew/Trash, 2703 W Tango Creek Dr, Au 104.49 60 Enterprise Fund RONALD D. & MARCIE A BENNETT Refund, 0303522802, Wat/Sew/Trash, 1899 W Eagle Mountain Dr, 80.38 60 Enterprise Fund SAMUEL & CHARIDY BELAU Refund, 2595110703, Wat/Sew/Trash, 1077 N Portchester Ave, C 28.19 60 Enterprise Fund STEVEN LYMAN Refund, 0202160202, Wat/Sew/Trash, 5785 N Carlese Ave, Auto 122.30 60 Enterprise Fund STEVEN VINCELLI Refund, 1733256804, Wat/Sew/Trash, 732 E Hawk St, Auto Pay P 60.99 60 Enterprise Fund SYNCB/AMAZON Portable Work Table, Soft Sided Tool Box Qty2 116.84 60 Enterprise Fund SYNCB/AMAZON Water diaphragm pressure pump for CCTV Van 2 109.99 60 Enterprise Fund TERRACON CONSULTANTS 17-0322,Well 30, service as of 9/30/17 1,666.25 60 Enterprise Fund THE UPS STORE 4th qtr biosolids shipping 158.43 60 Enterprise Fund THOMAS FISHER Refund, 2302048601, Wat/Sew/Trash, 676 W Applegate St, Custo 76.13 60 Enterprise Fund TRENT & AMY GALLOWAY Refund, 3737325405, Wat/Sew/Trash, 665 W Bear Track Dr, Cust 97.49 60 Enterprise Fund TRUEPOINT SOLUTIONS LLC 18-0073 TruePoint Utility Billing Service & Maintenance 30,000.00 60 Enterprise Fund USA BLUEBOOK Chlorine Analyzer Qty 1 5,007.00 60 Enterprise Fund USA BLUEBOOK Chlorine Reagent Set Qty 3 162.00 60 Enterprise Fund USA BLUEBOOK CL17 Chlorine Analyzer Qty 1 3,532.00 60 Enterprise Fund USA BLUEBOOK Inverted Paint Green, Swif Test Dispenser Qty 6 310.13 60 Enterprise Fund USA BLUEBOOK Power Cord Kit w/Strain Releif Qty 1 48.39 60 Enterprise Fund VAN AIR SYSTEMS Dessicant 50# bag 665.00 60 Enterprise Fund WATER ENVIRONMENT FEDERATION Membership Dues, L. McVey, 1/1/18-12/31/18 200.00 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Mechanical seal - qty 2 129.46 60 Enterprise Fund WHITEACRE DEVELOPMENT CORP Refund, Surety-2017-0092, Whitebark Sub #2, Release of Warra 27,546.80 60 Enterprise Fund WW GRAINGER, INC HVAC high cap pleated filter 104.88 Date: 10/26/17 12:38:08 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 XEROX CORPORATION - PASADENA MX4-741080, Copier Lease 9/17 & Additional Copies 9/15-10/3/ 342.85 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741285, copier lease 09/17 & Additional Copies 9/5/17-10 248.09 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692, copier lease 09/17 & Additional Copies 9/15/17-1 280.02 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Bolt to rebuild mixer 5, aeration basin 14.52 Total 60 Enterprise Fund 289,347.93 Report Total 757,313.68 Date: 10/26/17 12:38:08 PM Page: 12 Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 7V PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment 11 /8/17 - $571,879.13 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Of Meridian 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 Generations Plaza memorial plaque engraving - qty 7 70.00 01 General Fund A-1 STAMP & MABEL'S LABELS Invoice Coding Stamp for PD - Qty 2 76.00 01 General Fund A-1 STAMP & MABEL'S LABELS magnetic name badges for M Pepin & M Jensen - qty 2 20.00 01 General Fund AMERICAN MECHANICAL CORP 220/Fall Prev Mtnc HVAC St. 3 195.00 01 General Fund AMERICAN MECHANICAL CORP 220/Fall Prev Mtnc HVAC St. 4 195.00 01 General Fund AMERICAN MECHANICAL CORP 220/Fall Prev Mtnc on HVAC, St. 1 260.00 01 General Fund AMERICAN MECHANICAL CORP 220/Prev Mtnc HVAC Fire Safety Center 65.00 01 General Fund AMERICAN MECHANICAL CORP 220/Prev Mtnc HVAC, St. 2 195.00 01 General Fund ARROWHEAD FORENSIC PRODUCTS Strong, Fast-Acting Adhesive - Qty 2 27.26 01 General Fund AUTOMATIC RAIN CO DBA HORIZON blower parts for Settlers small engine repairs - qty 4 25.36 01 General Fund AUTOMATIC RAIN CO DBA HORIZON Echo blower air filters - qty 2 16.88 01 General Fund AUTOMATIC RAIN CO DBA HORIZON fertilizer spreaders - qty 4 836.44 01 General Fund AUTOMATIC RAIN CO DBA HORIZON Kleiner small engine parts - qty 3 45.47 01 General Fund AUTOMATIC RAIN CO DBA HORIZON truck 16 snow plow 5,732.12 01 General Fund BACK 2 BLACK SEALCOATING & STRIPING, INC. PD Admin South & West Parking Lot Crack Repairs, Painting, S 5,944.72 01 General Fund BATTERIES PLUS Batteries for Patrol Flashlights - Qty 80 159.20 01 General Fund BATTERIES PLUS Jump Starter, Batteries & Recycling - Qty 19 216.54 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & Cleaned Lens on Pole 29295B, 102.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & Fuse on Pole 29252B, 10/15/17 209.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & Fuse, Cleaned Lens on Pole 6152B 144.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast, Fuse, Fuse Holder on Pole 29257B 193.65 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast, Fuse, Fuse Holder on Pole 4951B, 193.65 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast, Lamp, & Fuse on Pole 40816C,10/15 198.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Photo Cell on Pole 02784C, 10/18/17 94.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell, Fuse,Pole40685C 238.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Fuse, Photo Cell on Pole 3135B, 136.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced LED Lamp on Pole 95D, 10/18/17 249.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lens on Pole 28896B, 10/15/17 182.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Photo Cell on Pole 30250B, 10/18/17 40.00 Date: 11/2/17 01:23:12 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 BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Photo Cell on Pole 41226C, 10/15/17 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Straightened Poles 30013B, 30021B, 30020B, 10/15/17 450.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Troubleshot No Power to Pole 41014C & 41015C, 10/15 65.00 01 General Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 10/5/17 & Delinquent Notices 10/9/17 124.40 01 General Fund BOE - Boise Office Equipment XPN547404, Copies 9/22/17-10/21/17 1,633.60 01 General Fund BOLEN'S CONTROL HOUSE 24 volt latching relays for Settlers door locks - qty 2 141.08 01 General Fund BORDERLAN SECURITY New Order (NN) KnowBe4 Security Awareness Training Subscript 4,520.00 01 General Fund BRIAN SCHREINER instructor fee - Watercolor & Acrylics 9/12-10/17/17 - qty 5 280.00 01 General Fund BROWNELLS Magazines for Pistols - Qty 25 319.75 01 General Fund BROWNELLS Parts to Build of New Patrol Rifles for Units# 103 & 104 1,320.43 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 100 82.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 11 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Battery Isolator for accessories Unit# 142 146.20 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Unit # 151 604.08 01 General Fund BRYAN ALBERS Expense Report, B. Albers, K9 Return & Replacement, Novato C 185.00 01 General Fund BSN SPORTS, INC.Equipment for Homecourt - Qty 19 1,789.86 01 General Fund Campbell Tractor Co.credit on fuel filter for equipment - qty 1 (3.07) 01 General Fund Campbell Tractor Co.Oil Filters & Fuel Filters for equipment maint - qty 13 102.62 01 General Fund CANYON HONDA Oil change for Unit # 526 51.35 01 General Fund CDW GOVERNMENT 18-0002 BTO HP 600 G3 I7-770 512 GB 8GB W10P - Qty 36 29,700.00 01 General Fund CDW GOVERNMENT 18-0002 HP Business Slim Top Load Case, HP Ultraslim Docking 5,180.00 01 General Fund CHIEF SUPPLY CORPORATION Badge Holders - Qty 3 48.87 01 General Fund CHIEF SUPPLY CORPORATION Fingerprint Refill Cards for Print Kits & Hobble Straps-qty3 66.36 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash October 2017 136.82 01 General Fund COLORADO CHAPTER OF INTERNATIONAL CODE COUNCIL Registration, M. Smith & P. Middleton, 2018 Colorado Chapter 360.00 01 General Fund CUSTOM ROTO-MOLDING, INC ice melt tanks for trucks - qty 2 459.80 01 General Fund DAN VOGT Expense Report, D. Vogt, K9 Return & Replacement, Novato CA, 185.00 01 General Fund DONE RITE TREE CO.Centennial Park tree removal 3,000.00 Date: 11/2/17 01:23:12 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 DYLAN ANDERSON Reimburse, D. Anderson, Advanced Cardiac Life Support Cert, 132.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO exterior light bulbs & ballasts for buildings - qty 11 118.76 01 General Fund EMILY GULL instructor fee - Preschool Fun/Plus 9/12-10/18/17 - qty 27 849.60 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Opticom Relocation for Unit # 524 153.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replace Siren Speaker for Unit # 151 298.00 01 General Fund EUSKADI CONSTRUCTION LLC Kleiner Memorial Plaza Excavation, 9/7/17 3,800.00 01 General Fund FERGUSON ENTERPRISES INC.coupler for Tully filter install - qty 1 8.65 01 General Fund FERGUSON ENTERPRISES INC.Eye wash station handle 45.71 01 General Fund FERGUSON ENTERPRISES INC.schedule 40 steel pipe for Tully filter install - qty 21 233.68 01 General Fund FIRE EXTINGUISHER CO 220/recharge 1 fire extinguisher 44.19 01 General Fund FIRE EXTINGUISHER CO 220/Recharge 2 fire extinguishers 129.06 01 General Fund G & R AG PRODUCTS INC ice melt tank parts - qty 20 384.65 01 General Fund G & R AG PRODUCTS INC vehicle ice melt tank repair parts - qty 26 394.68 01 General Fund G.W. LAW ENFORCEMENT & SAFETY EQUIPMENT, INC Patrol Rifles for New Units# 103 & 104 - Qty 2 1,470.50 01 General Fund GALL'S INC.TLR Streamlights & Holsters for K9 & Swat Glocks - Qty 9 954.36 01 General Fund H.D. FOWLER COMPANY blowout & drain parts for Kleiner Park - qty 42 255.76 01 General Fund H.D. FOWLER COMPANY credit/return on part for Tully pump filter install - qty 1 (379.94) 01 General Fund H.D. FOWLER COMPANY fittings for flow sensor install at Tully Park - qty 24 99.39 01 General Fund H.D. FOWLER COMPANY fittings for Tully Park - qty 25 106.23 01 General Fund H.D. FOWLER COMPANY fittings for Tully Park filter install - qty 52 742.54 01 General Fund H.D. FOWLER COMPANY PVC pipe cement & primer - qty 2 22.75 01 General Fund H.D. FOWLER COMPANY PVC pipe cement for park irrigation - qty 1 22.15 01 General Fund HOME DEPOT CREDIT SERVICES 220/Credit for returned garden hose, Inv# HD-10-15-17 (44.97) 01 General Fund HOME DEPOT CREDIT SERVICES 220/Hose & nozzle for Station 4 50.94 01 General Fund HOME DEPOT CREDIT SERVICES 220/Paint & supplies to paint workout room, St. 4 - qty 13 136.13 01 General Fund HOME DEPOT CREDIT SERVICES 220/Shop supplies, St. 4, hose 59.94 01 General Fund HOME DEPOT CREDIT SERVICES Qty 2 gas/co alarms with bat backup 99.94 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 0150712 (1.97) 01 General Fund HOME DEPOT CREDIT SERVICES spray paint for Parks Shop - qty 6 34.79 01 General Fund I.C.R.M.P.Reimb, Claim# C-14-02114-3469, Overpayment for Mitigation in 967.47 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards for C. Klucken, A. Rose, S. Ramirez 134.85 Date: 11/2/17 01:23:12 PM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards-DBS-Arlan Smith, Lisa Stover, Griff Williams 119.85 01 General Fund IDAHO CORRECTIONAL INDUSTRIES business cards-WMaisey,KWarren, RJohnson - qty 3 boxes 138.75 01 General Fund IDAHO DIGITAL LEARNING Refund, Rec# 2003717.002, Customer Cancelled Kleiner Park Sh 106.00 01 General Fund IDAHO POWER ID Power - Fire Department October 2017 2,213.61 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New Exempt License Plate Reg for 2018 Trailer, Vin# 051134 23.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange, 10/11/17 250.00 01 General Fund IRRIGATION ASSOCIATION--CERTIFICATION Irrigation Auditor certification renewal-R Norberg thru 2018 100.00 01 General Fund JODI ST-MARTIN Per Diem, J. St. Martin, National League of Cities Summit, C 206.50 01 General Fund KENDALL SUPERSTORE Evaporator and Temp door Activators for Unit # 139 2,592.85 01 General Fund KENDALL SUPERSTORE Exterior Light Bulbs Replaced Unit # 144 65.07 01 General Fund KENDALL SUPERSTORE Marker & License Plate Bulbs for Unit #141 65.07 01 General Fund KENDALL SUPERSTORE Unit #20, Radiator Replacement & Marker License Bulbs 622.73 01 General Fund KINDRED HEALTHCARE OPERATING Refund, Rec# 2003718.002, Overpayment on Acct from Winter Vo 90.00 01 General Fund KIRBY GRAPHIX 2017 Block Party mascot dance off check signs - qty 2 87.69 01 General Fund LIGHTHOUSE UNIFORM CO 220/12 Class A uniforms for new recruits 7,647.20 01 General Fund LITHIA FORD LINCOLN OF BOISE CenterCap for Unit #167 51.43 01 General Fund LITHIA FORD LINCOLN OF BOISE Oil Change for Unit # 160 22.95 01 General Fund LOWE'S ice scrapers - qty 16 275.29 01 General Fund M2 AUTOMATION Refund, Bid Bond Check for PD Security Cameras IFB 962.70 01 General Fund MERIDIAN CHAMBER of COMMERCE 8/15/17 Meridian Chamber Luncheon for S Houston 15.00 01 General Fund MERIDIAN PHARMACY 220/Medical, Diazepam - Qty 20 213.70 01 General Fund MERIDIAN TROPHY Name Plates for Community Service Plaque at PD - Qty 2 12.00 01 General Fund MERIDIAN WARRIORS LACROSSE BOOSTER Refund, Rec# 2003719.002, Overpayment on Account on Reservat 31.50 01 General Fund MOTOROLA Portable Radio Batteries for Patrol - Qty 20 1,635.20 01 General Fund NATIONAL ASSOCIATION OF LANDSCAPE PROFESSINALS, INC. NALP, Certified Landscape Tech CEUs, D. Cereghino 100.00 01 General Fund OFFICE DEPOT, INC.dog park event sign lamination - qty 3 5.60 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for hot water power washer 10.03 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 5 66.37 Date: 11/2/17 01:23:12 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 PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 9; transfer tank diesel 383.43 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for Kleiner equipment 91.73 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 58.48 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Ford Explorer 42.35 01 General Fund PRO FORCE LAW ENFORCEMENT Flashlights & Safety Cones for Patrol Rifles & Traffic Wands 1,926.16 01 General Fund ROBERT SIMISON Per Diem, R. Simison, AARP Livable Communities Conference, A 160.00 01 General Fund SHELLY HOUSTON Reimburse, S. Houston, Candy & Batteries for Howl-O-Woof Dog 41.29 01 General Fund SIGNS, ETC engraved cubicle sign for Pathways Project Manager - qty 1 36.20 01 General Fund SIGNS, ETC SAM2 Lettering for New Radar Trailer, Vin# 301693 176.50 01 General Fund SILVER CREEK Christmas lights for City Hall - qty 1 13.88 01 General Fund SILVER CREEK Christmas tree lights for City Hall - qty 91 1,199.72 01 General Fund SUMMIT WALL SYSTEMS INC Repaired Raised Floor @ City Hall 136.44 01 General Fund SUNBELT RENTALS forklift rental for Settlers splash pad removal 10/12/17 423.93 01 General Fund SUNBELT RENTALS hot saw rental-Tully mainline pump filter upgrade 10/16/17 51.10 01 General Fund SUNBELT RENTALS manlift rental for Main Street holiday decor 10/24/17 153.60 01 General Fund SYNCB/AMAZON 220/punch tools, pens & popup notes - qty 7 68.47 01 General Fund SYNCB/AMAZON 220/Refund on Inv #6380202 for punch tool not received -qty1 (6.99) 01 General Fund TAMMY DEWEERD Per Diem, T. DeWeerd, National League of Cities Summit, Char 265.50 01 General Fund TATES RENTS (GENERAL OFFICE)trencher rental - Tully amiad filter install 10/17-10/18/17 214.49 01 General Fund THE COBLE COMPANY Badges for K9's - Qty 4 373.50 01 General Fund THE UPS STORE Postage to Mail Evidence to Lab 49.24 01 General Fund TRAUMA INTERVENTION PROGRAMS, INC 18-0085, Trauma Intervention Program (TIP) - 10/1/17-9/30/18 11,796.00 01 General Fund TRI STATE ELECTRIC, INC Install Electric & Communication Ports new Workstation 2,634.36 01 General Fund ULTRA CLEAN 17-0402, 18-0077, Mold Remediation Retainage - Final Invoice 643.42 01 General Fund USSSOA Flag Football officiating 10/23-10/27/17 - qty 7 554.19 01 General Fund USSSOA volleyball officiating for games 10/23-10/27/17 - qty 48 1,047.48 01 General Fund VALLEY REGIONAL TRANSIT 17-0093,Senior Service Rides, April 2017-Sept 2017 - Qty 611 2,138.50 Date: 11/2/17 01:23:12 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 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data, 9/21/17-10/20/17 1,169.06 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 9/21/17-10/20/17 8,358.50 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Mobile Devices - 9/21/17-10/20/17 (35.68) 01 General Fund VLCM Misc Charges Qty 6 IP Phone IP485G, Qty 11 IP Phone IP 480G 4,597.86 01 General Fund WEIDNER & ASSOCIATES 220/12 fire helmets for new recruits 4,083.80 01 General Fund WEIDNER & ASSOCIATES 220/12 pair wildland goggles for 12 new recruits 399.95 01 General Fund WEIDNER & ASSOCIATES 220/valve seat kit for intake on E-32 79.76 01 General Fund WHITE CLOUD COMMUNICATIONS 220/Trouble Shoot St. 2 Alerting Issues 182.50 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copy charges for Sept 2017 611.99 Total 01 General Fund 140,280.54 07 Impact Fund ENHANCED TELECOMMUNICATIONS 17-0399, Security Camera Install @ Hillsdale Park - Qty 4 6,148.99 07 Impact Fund SILVER CREEK restroom door lock decoders at RHuskey,KBLP,Hillsdale x 3 273.60 Total 07 Impact Fund 6,422.59 20 Grant Fund governmental NATALIE MARTI Speaker Fees for 2 Presentations Sponsored by MADC for Red R 600.00 20 Grant Fund governmental NOTMYKID INC Shipping Charges for 10 Cases of Drug Tests for MADC 625.80 Total 20 Grant Fund governmental 1,225.80 60 Enterprise Fund A PLUS SURVIVAL LLC Medical Kit for mobile medical bag 353.62 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 18-0093, Franklin Rd Change Order 304,000.00 60 Enterprise Fund AUTOMATIC RAIN CO DBA HORIZON 24in Snow Shovel Push Style Qty 2 65.34 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 10/5/17 & Delinquent Notices 10/9/17 8,666.40 60 Enterprise Fund BOWERS AUTO REPAIR Replace Shifter Interlok Assembley C15079 360.18 60 Enterprise Fund BRUNEEL TIRE OF MERIDIAN LLC Replace dead battery C18640 116.96 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.Haul out Asphalt 30.00 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.Rej Sand Stock Supply Qty 6.86yds 28.47 Date: 11/2/17 01:23:12 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 CITADEL STORAGE LLC Refund, Surety-2015-0003, Citadel Storage #2, Release of War 10,392.62 60 Enterprise Fund COLE INDUSTRIAL, INC.Hand hole pump gasket 66.79 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Input Module & CMC Module for PLC repairs - Qty 2 2,433.16 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Parts to add HOA switches to McCaile, Autumn Faire &31.06 60 Enterprise Fund COTTONWOOD DEVELOPMENT, LLC Refund, Surety-War-2015-0033, Vicenza Sub, Release of Warran 80,051.00 60 Enterprise Fund D & B SUPPLY Heat gun, Hand Cleaner, Saddle Soap Qty 3 60.47 60 Enterprise Fund D & B SUPPLY Rockwall Cold weather Jacket J. Uruza Qty 1 129.99 60 Enterprise Fund D.R. BACHMAN COMPANY Insite flowmeter, 20gpm 288.10 60 Enterprise Fund DENNIS TELLER Per Diem, D. Teller, Water Quality Technology Conference, Po 288.00 60 Enterprise Fund EL-ADA, INC.El-Ada September 2017, Meridian Cares Program, Qty 4 28.00 60 Enterprise Fund FRED PRYOR SEMINARS Registration, D. Trevaskis, Manage Inventory Cycle Counts, B 149.00 60 Enterprise Fund GIESLER AUTO REPAIR Repair & Replacement of Fuel Pump Modual fuel filter C11477 938.83 60 Enterprise Fund GLEN & BRENDA CROOKS Refund, 1055301203, Wat/Sew/Trash, 2434 W Quintale Dr, Both 48.56 60 Enterprise Fund H.D. FOWLER COMPANY Brass Nipple, Stiffner Ford Brand Qty 34 64.80 60 Enterprise Fund H.D. FOWLER COMPANY CTS Grip Adapter Qty 8 124.12 60 Enterprise Fund HOME DEPOT CREDIT SERVICES 1/2 inch pipe for filter bldg 13.30 60 Enterprise Fund HOME DEPOT CREDIT SERVICES cement to repair front gate key pad 25.61 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Dewalt 20V 2 Pack Battery Qty 1 99.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Locking Latch, Ext Cord, Tie Downs, Screws, Robe Hooks Q10 123.12 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Part to install water diaphragm pressure pump on 2.50 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Sales tax refund (1.45) 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards for T.Parrish & J. Smith Qty 2 92.50 60 Enterprise Fund IDAHO PRESS-TRIBUNE Request for Proposals for Electrical Maintenance & Emergency 115.14 60 Enterprise Fund IDAHO TOOL & EQUIPMENT Tape Measure, Wrenches, Screw Drivers, File, Saw Blades Sock 364.28 60 Enterprise Fund INDUSTRIAL BUILDERS Refund, 9901093501, Dumpster, 1900 E Lanark St, Customer Ove 651.26 60 Enterprise Fund JOSH GABEL Per Diem, J. Gabel, Water Quality Technology Conference, Por 288.00 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES CRI ring, clipper oil seal, than oil seal, oil seal, roller 629.10 60 Enterprise Fund MAC TRANSPORTATION Towing vehicle C11477 from City Hall to Gieslers 50.00 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Female NST, Ss Clamps, Steel nipple, Std Blk Scd Qty 6 61.32 Date: 11/2/17 01:23:12 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 MSC INDUSTRIAL SUPPLY CO.Socket adapters 37.11 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Vents for doors in old lab building 116.30 60 Enterprise Fund MYFLEETCENTER.COM Oil Change, Wiper Blades, Air Filter on C18131 80.77 60 Enterprise Fund NAPA AUTO PARTS Fuses for 12V control circuit on CCTV Van 2 C19267 5.06 60 Enterprise Fund OFFICE ENVIRONMENT WAREHOUSE Refund, 9901088801, Dumpster, 3876 E Lanark St, Customer Ove 353.22 60 Enterprise Fund OFFICE VALUE - MERIDIAN Batteries, Document Holder, Copy Paper, Steno Pads Qty 5 124.98 60 Enterprise Fund ONLINE RESOURCES CORPORATION Refund, 7700950001, Unknown Funds, Barbara Vangel, Received 76.20 60 Enterprise Fund ONLINE RESOURCES CORPORATION Refund, 7700950001, Unknown Funds, Oscar Licea, Received Dep 38.10 60 Enterprise Fund OVERHEAD DOOR COMPANY Labor & parts for annual PM & hanging door up on UV 285.00 60 Enterprise Fund PROMIUM, LLC.Element, LIMS Annual Maintenance for the period of 11/1/17-1 4,260.00 60 Enterprise Fund SIGNS, ETC Vehicle Lettering and Logo Utility Trailer 546.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC nipple - Qty 12 16.08 60 Enterprise Fund STRATA, INC.17-0236,Well 29 Pumping facility design,service 8/21-9/11/17 1,117.22 60 Enterprise Fund SUBURBAN PROPANE Propane & labor/materials to replace propane valve 117.88 60 Enterprise Fund SUBURBAN PROPANE Propane for forklift 32.99 60 Enterprise Fund SYNCB/AMAZON HDMI Cable and roll of brown paper - Qty 2 35.98 60 Enterprise Fund THE UPS STORE Shipping to send transporter to CUES 10.41 60 Enterprise Fund TRAVIS KISSIRE Expense Report, T. Kissire, PNCWA Conference, Vancouver WA, 49.56 60 Enterprise Fund ULTIMATE LININGS OF IDAHO Spray on Bedliner Utlity Trailer A15392 600.00 60 Enterprise Fund USA BLUEBOOK 2 Watts 9M2 total Repair Kit Qty 1 352.11 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data, 9/21/17-10/20/17 1,280.90 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 9/21/17-10/20/17 2,473.14 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Mobile Devices - 9/21/17-10/20/17 78.62 60 Enterprise Fund WW GRAINGER, INC Dionized H2O ACS 1 Ltr Qty 2 37.86 60 Enterprise Fund WW GRAINGER, INC Pintle & ball combo hitch 105.60 60 Enterprise Fund WW GRAINGER, INC submersible pump 147.33 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362, Copier Lease 9/17 & Additional Copies 9/15-10/16 156.22 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464, Copier Lease 9/17 & Additional Copies 9/15-10/16 186.41 Date: 11/2/17 01:23:12 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 Total 60 Enterprise Fund 423,950.20 Report Total 571,879.13 Date: 11/2/17 01:23:12 PM Page: 9 Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Youth Advisory Council Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October 3, 2017 Meridian Mayor’s Youth Advisory Council Update Collin Freese MYAC Updates Farm Stead ★TAC event lead by Jake Chambers ★Fun at the corn maze! ★40 MYAC students attended Trunk Or Treat ★Over 10,000 people attended ★90 trunks total ★Meridian food bank collected 181 pounds of food Tr Trunk Or Treat MYAC General Meetings ★Average attendance of 90 students ★Focus on being social and connecting with Myacers ★Reaching out to everyone Future Events Rake Up Meridian November 16 3:30 PM 044 -it - E �-� V r`i 11 0 APPLICANT INFORMATION City Clerk's Office Alcohol Beverage License Application A aC I-1 U,A- Eow-:-ts Applicant name: l , CL- c-, _ 2 6 0 ( 6 j 62 i '( Applicant mailing address: _ NO F, ;DA -440 AvL Applicant physical address: _ Sew E Applicant driver's license state and number: Name and physical address of agent upon who service of process may be made in Idaho: 'S—AV tA-- PREMISES INFORMATION Name of Business on premises: Physical address of premises: M6 -E.. i DA,icy A-Uc Phone number of premises: 2b g q O 1 02.1-7 Assessor's parcel number(s): Zoning district: Within 300' of school or place of worship: KNo El Yes (attach explanation if necessary) Applicant's interest in property: 0 Own D Rent ® Other Premises owner name:_ 5AOto Phone: Premises owner mailing address: Premises owner physical address: BUSINESS INFORMATION Nature of business conducted at premises: (2-)t-- 3407---S Hours of operation: 1,2--- 10 Type of Alcohol Sales: (circle)eery ng' Liquor Hours of alcohol sales: I?-- tuPVL - t Applicant is aware of Meridian City Code Alcohol Server Training requirements. INITIAL Meridian City Clerk's Office — 33 E. Broadway Ave. — Meridian, Idaho 83642 Phone: 208-888-4433 — email: clerk@meridiancity.org Website: http://www.meridiancity.org (rev. 3115) THIS LICENSE MUST BE GON5PIG000SLY DISPLAYED O . 0CD 0 0 J110 O z}>-zzz>-zz C co U J J � � N Q CL T W cil >O .o . `Q W / _ 0. 1. r7. CO V✓ CO z Q cWc G. 7M t V O . 0CD 0 0 J110 O z}>-zzz>-zz O O 6 1') W LL J I- 0 U .ate NW r � O O O C— O U J M C CL � O C to N M o O 1m0YCL'���U O O 6 1') W LL J I- 0 U .ate NW r � O O O C— O U J M ID m D r+ (D m X rD r+ w Ln w n 0 O r-+ (D (D ri) (D n 0 0 M I to 0 0 3 (D :3 (A rD 0 zs N 17'9' 11 RE LE;W W OCT 12 2017 i ANO STATE POLICE qL BCVERAGE CONTROL Hillary Bodnar From: Hillary Bodnar Sent: Friday, November 03, 20171:59 PM To., 'Joshua Evarts' Subject: RE: Copy of County license Roger! I will give her a heads up. Thanks again From: Joshua Evarts [mailto:joshevartsOme.com] Sent: Friday, November 03, 2017 1:56 PM To: Hillary Bodnar Subject: Re: Copy of County license MIAMI1s�ert��ss�ed,Tuesd�y a� noon They safdthe�vrot�l�ernaEl to-Na�ery' Josh Evarts 208-631-9229 Sent from my !Phone On Nov 3, 2017, at 13:49, Hillary Bodnar <hbodnar@meridiancity.or > wrote: Hey Josh, I should have looked at that application closer, could you scan over a copy of your Ada County beer/wine license so I can include that for Nancy? If you take a pic and send over I can convert to PDF or print. Thank youl Hillary Bodnar ( Commissions & Committees Specialist City of Meridian I Clerk's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0399 Fax: 208-888-4218 <1mage001.gif> All e -mall messages sent to or received by City of Meridian e -mall accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exemptfrom disclosure by law. -.1. � C � fi ERIDIANA 10 A H Customer Receipt City of Meridian, City Clerks Office 33 E. Broadway Ave. Suite 104 Meridian, ID 83642 PH: 888-4433 /FAX: 888-4218 Date 11/3/2017 Application ALC -2017-0156 Applicant Joshua Evarts Applicant Address 140 E. Idaho, Meridian, ID 83642 Project Address 140 E. Idaho, Meridian, ID 83642 Payor Fees and Receipts: Number Description Amount 353962 Beer License By The Drink $200.00 353963 Wine License By The Drink $200.00 Total Fees: $400.00 38789 Check Check Number: 1732 $400.00 Total Receipts: $400.00 3 Balance Due: $0.00 Changes to Agenda:  Item #10B: Rockbury Subdivision – FP (H-2017-0131) - Request for continuance to 11/21 to resolve some concerns that ACHD and ITD have with the approved right-in/right-out. Item #10C: Maddyn Subdivision (H-2017-0136) Application(s):  Final Plat Modification Size of property, existing zoning, and location: This site consists of 10.32 acres of land, zoned R-8 & R-15, located at 2975 & 3001 N. Meridian Road History: In 2016, this property received annexation & zoning, preliminary plat for 29 SFR building lots, 10 multi-family lots and 6 common lots, and a CUP for a 48-unit multi-family development. A final plat application was approved earlier this year but the plat has yet to be recorded. Applicant’s request: A condition of approval of the final plat requires the plat to be recorded prior to issuance of any building permits.The applicant requests a modification to this condition to allow building permits to be issued prior to recordation of the plat on the multi-family portion of the development only; the plat is required to be recorded prior to issuance of any Certificate of Occupancies. The modification will allow the applicant to get started on construction while the final plat goes through the recording process. The applicant requests the following Site Specific conditions are revised as noted: #10: “Prior to the issuance of a building permit, the applicant shall record a final plat for the single family portion of the development. Prior to issuance of building permits for the multi-family portion of the development, the developer shall complete the following pre-requisite items: a) The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b) The sanitary sewer system shall be installed and tested. c) At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). Add a new condition as follows: 11. The applicant shall record the final plat prior to receiving issuance of any certificate of occupancies for the multi-family dwellings. Staff Recommendation: Staff recommends approval of the proposed modifications. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0136, as presented in the staff report for the hearing date of November 8, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0136, as presented during the hearing on November 8, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0136 to the hearing date of November 8, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Item #10C: Linder Professional Plaza (H-2017-0138) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 1.56 acres of land, zoned L-O, located at 4664 N. Penngrove Way. Summary of Request: Request for a short plat consisting of 3 building lots on 1.56 acres of land in the L-O zoning district. This is a resubdivision of Lot 3, Block 45, Bridgetower Crossing Sub. #15. All of the proposed lots comply with the dimensional standards of the district. Written Testimony: None Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0138, as presented in the staff report for the hearing date of November 8, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0138, as presented during the hearing on November 8, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0138 to the hearing date of November 8, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting November 8, 2017 Item #10B: Maddyn Village Subdivision Zoning Map Ustick Rd. N . M e r i d i a n R d . Modified conditions 10. Prior to the issuance of a building permit , the applicant shall record a final plat for the single family portion of the development. Prior to issuance of building permits for the multi-family portion of the development, the developer shall complete the following prerequisite items: a) The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b) The sanitary sewer system shall be installed and tested. c) At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). Add a new conditon as follows: 11. The applicant shall record the final plat prior to receiving issuance of any certificate of occupancies for the multi- family dwellings. Item #10C: Linder Professional Plaza – Short Plat Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 1 OA PROJECT NUMBER: H-2017-0131 ITEM TITLE: Rockbury Subdivision Final Plat for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way MEETING NOTES cc) "'iII 0--ej tb At)LIeM6ely-- �-1, x 1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 10B PROJECT NUMBER: H-2017-0136 ITEM TITLE: Maddyn Subdivision Final Plat Modification for Maddyn Subdivision (H-2017-0136) by A Team Land Consultants located on the West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 10C PROJECT NUMBER: H-2017-038 ITEM TITLE: Linder Professional Plaza Public Hearing for Linder Professional Plaza (H-2017-8) by M & L Properties, LLC located at 4664 N. Penngrove Way 1. Request: short plat consisting of 3 building lots on 1.56 acres of land in the L -O zoning district MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: November 8, 2017 Item # Project Number: Project Name: H-2017-0038 Linder Professional Plaza Please print your name For Against Neutral Do you wish to testify (Y/N) / Jes 016 LW a 41� Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Public Hearing for Proposed Fee Updates for Certain Temporary Use Applications 1. Resolution No. 17-'�' Adopting New Fees of the City Clerk's Office; Repealing Outdated Fees; Superseding Fees Previously Adopted; Authorizing the City Clerk's Office to Collect Such Fee MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 1'7 _ AOL/7 BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING NEW FEES OF THE CITY CLERK'S OFFICE; REPEALING OUTDATED FEES; SUPERSEDING FEES PREVIOUSLY ADOPTED; AUTHORIZING THE CITY CLERK'S OFFICE TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on November 8, 2017, the City Council of the City of Meridian held a hearing on the adoption of proposed fees for temporary use permit applications, as set forth below; WHEREAS, following such hearing, on November 8, 2017, the City Council, by formal motion, did approve said proposed fees; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the following fees are hereby adopted: Section 2. That, as of the effective date of this resolution, the following fees shall be repealed: Fee Fee Current Fee Description Current Fee Proposed Fee Temporary use permit Large-scale Special Event n/a — new fee $150.00 Temporary use perinit Special Event in a ark $150.00 $85.00 Temporary use permit Special Event not in a ark $85.00 $50.00 Temporary use permit Outdoor Market in a ark) $150.00 $85.00 Temporary use permit Outdoor Market (not in a ark $85.00 $50.00 Section 2. That, as of the effective date of this resolution, the following fees shall be repealed: Fee Description Current Fee Proposed Fee Citizen's use permit $50.00 n/a Temporary use permit Temporary Indoor Event $100.00 n/a Temporary use permit Special Event/Outdoor Market in a ark $150.00 n/a Temporary use permit Special Event/Outdoor Market not in a ark $85.00 n/a Section 3. That, as of the effective date of this resolution, the fees adopted in section 1, above, will supersede fees previously adopted for such services. This resolution shall not change ADOPTION OF TUP APPLICATION FEES PAGE 1 OF 2 or supersede any fee adopted pursuant to Resolution no. 17-2037, adopting the FYI Citywide Fee Schedule. Section 4. That the Meridian City Clerk's Office is hereby authorized to implement and carry out the collection of said fees. Section 5. That this Resolution shall be in full force and effect immediately upon its passage and publication. �r ADOPTED by the City Council of the City of Meridian, Idaho this day of November, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this � day of November, 2017. APPROVED: Tammy de erd, Mayor VT\ �uyo( a E ID110 jA w ®A Mt - SEAL ATTEST: Cole Clerk ADOPTION OF TUP APPLICATION FEES PAGE 2 OF 2 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Wednesday, November 8, 2017, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: Temporary Use Permit application/Large-scale Special Event: $150.00 Temporary Use Permit application/ Special Event (in a park): $85.00 Temporary Use Permit application/ Special Event (not in a park): $50.00 DATED this 18th day of October, 2017. C.Jay Coles, CITY CLERK PUBLISH on October 27, 2017 and November 3, 2017. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: November 8, 2017 Item # 10E Project Number: Project Name: Fee updates for certain Temp Use Permits Pleaseour rint name For Against Neutral Do you wish p Y 9 to testifv (Y/N) Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 11 PROJECT NUMBER: 110114►Tfi111111114 Fire Department: Proposed Update to Public Fireworks Display Permit MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT – 11/8/17 PUBLIC FIREWORKS DISPLAY PERMIT PAGE 1 OF 6 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 5-4-10, REGARDING PUBLIC FIREWORKS DISPLAY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code §§ 39-2601 et seq .), specifically Idaho Code § 39-2605, authorizes the City of Meridian to require a permit for a public fireworks display; and WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 5-4-10 shall be repealed, and replaced with language as follows: 5-4-10: PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid City of Meridian Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store dangerous fireworks for the purpose of public fireworks display, or cause dangerous fireworks to be possessed or stored for the purpose of public fireworks display, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose. B. Public fireworks displays shall comply with regulations for the permitted display as regulated by NFPA 1123 Code for Fireworks Display (2014 edition), NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audiences (2016 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience (2011 edition). C. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Name, mailing address, physical address, phone number, and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display. DRAFT – 11/8/17 PUBLIC FIREWORKS DISPLAY PERMIT PAGE 2 OF 6 2. Name and address of applicant's, property owner’s, and pyrotechnician’s registered agent for service of process. 3. Documentation and copies of qualifications of pyrotechnician, including copies of certifications, licenses, and a copy of government-issued photo identification. 4. Date(s) and times of the display, including set up time, display time, and length of show 5. Physical address of site at which public fireworks display is to occur. 6. Site plan, including the following: a. Detailed layout of site, including all separation distance measurements. Separation distances must be compliant with NFPA standard 1123, including minimum secured diameter of site, vertical mortar, angled mortars offset justification, and mortars to special hazards. b. Detailed layout of discharge site, including the location of all devices to be used during show, their required separation distances, and location of controllers. c. Location of all spectator areas. d. Detailed layout of fallout area, including offset measurements. e. Detailed layout of preparation area, including 100-foot separation distance. f. Detailed layout of fireworks storage area, including required separation distances and capacity and dates during which fireworks are to be stored. g. Buildings on or in proximity to the display site. h. Highways, streets, or alleys. i. Special hazard locations (e.g., combustible fuel, flammables, explosives, toxic substances, places of detention and correction, health care facilities). j. Location of possible overhead obstruction locations and utilities. k. Location of area(s) affected by the flame effect device. l. Types and locations of required fire extinguishers and supplemental fire protection features. 7. Description of fireworks to be used in the display, including: a. Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used, including classification (e.g., aerial shell, cake, mine, salute, ground display piece, comet, lance, etc.), type of match to be used (e.g., black, electric, quick match, etc.), and whether the fireworks are to be chain fused or individually shot. b. Detailed list of flame effects to be used per show which shall include classification of effect (e.g., gas mine, ghost mine, etc.). c. Detailed list of lift charges for gas mines including grams, type of powder, sealing method of charge, fuel type (e.g., gas, diesel, mixture, cremora, LPG, etc.), and type of match used. d. Diagram of the mortar for flame effects showing pipe schedule size, wall thickness, height, width, and securing methods. e. Diagram of the mortar racks detailing elevation of rack (if raised location provide elevation) rack location (ground, trailer, stand, etc.) construction elements of rack, DRAFT – 11/8/17 PUBLIC FIREWORKS DISPLAY PERMIT PAGE 3 OF 6 mortar pipe schedule including type, size, wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA standard 1123. 8. Written copies of each and all of the following: a. Procedure for sequence of operations for ignition of fireworks and flame effects, including ignition method (electronic, manual, automatic, etc.); controller manufacturer, model, and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition (fusee, torch, portfire, etc.). b. Communication plan and methods between the permit holder, property owner, and pyrotechnician before, during, and after the display. c. Safety plan, including protocols for: 1. Stopping the show for emergency response personnel, catastrophic failure, operator injury, hazardous debris falling on spectators, hazardous conditions identified by the Meridian fire chief or designee, and crowd control issues. 2. Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep. 9. A certificate of insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company licensed to do business in Idaho. 10. Application fee. 11. Fire department inspection fee. D. Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Fire Chief or designee, who shall review the application to determine the validity and completeness of the information therein. The Fire Chief shall make findings on the application and return it to the City Clerk for issuance or denial. E. Upon receipt of the findings of the fire chief or designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian Public Fireworks Display Permit to the applicant, or deny the application. Where the City Clerk denies an application for a City of Meridian Public Fireworks Display Permit, the City Clerk shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. F. The city clerk shall deny an application for a Public Fireworks Display Permit where: DRAFT – 11/8/17 PUBLIC FIREWORKS DISPLAY PERMIT PAGE 4 OF 6 1. The application is incomplete or required application materials or fees have not been submitted within thirty (30) days from receipt of a partial application; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws, regulations, or standards; or 4. The pyrotechnician does not have the requisite qualifications, certifications, and/or licenses for public fireworks displays, as set forth in NFPA provisions referenced above. G. Appeal of the City Clerk's issuance or denial of an application for a City of Meridian Public Fireworks Display Permit may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. H. The City Clerk, Fire Chief, or designee may revoke a City of Meridian Public Fireworks Display Permit where: 1. The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit. 2. The permit is used by a different party than the party to whom it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 5. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. 6. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. I. Revocation shall be effective pursuant to one of the following procedures: 1. The City Clerk or designee may notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Public Fireworks Display Permit application. Such revocation shall be effective immediately upon mailing by the city clerk. 2. The Fire Chief or designee may summarily revoke the Public Fireworks Display Permit at any time, where he finds that the permitted fireworks display is to be conducted in a manner or under conditions which are or may pose a heightened risk of: fire, injury, or threat to public health, safety, or property. Such revocation shall be effective immediately upon verbal notice of to the permitee or pyrotechnician. Within two (2) working days of such summary revocation, the Fire Chief, City Clerk, or designee shall DRAFT – 11/8/17 PUBLIC FIREWORKS DISPLAY PERMIT PAGE 5 OF 6 send written notification of such revocation and the grounds therefor to the permittee, and shall mail such notice to the applicant at the mailing address set forth in the Public Fireworks Display Permit application. J. Appeal of a revocation of an application of a City of Meridian Public Fireworks Display Permit may be made by the permitee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of the date of mailing such revocation. 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. Section 2. 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 3. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 4. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk DRAFT – 11/8/17 PUBLIC FIREWORKS DISPLAY PERMIT PAGE 6 OF 6 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 5-4-10, REGARDING PUBLIC FIREWORKS DISPLAY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ____________________________________ City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: _________________ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50- 902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 17-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2017. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 12 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 8, 2017 ITEM NUMBER: 1 PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74-206(1) (j): To consider labor contract matters authorized under section 74- 206A(1) (a) and (b), Idaho Code. MEETING NOTES 703 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS