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2017-12-05Meridian City Council Pre-Council Meeting Agenda – December 5, 2017 Page 1 of 1 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. CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, December 5, 2017 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74-206(1)(j): To consider labor contract matters authorized under section 67 -2345A [74-206A](1)(a) and (b), Idaho Code. Into Executive Session at 5:01pm Out of Executive Session at 6:06pm Adjourned at 6:06pm Meridian City Council Meeting Agenda Tuesday, December 5, 2017 – Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 5, 2017 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X__ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Consent Agenda Approved A. Approve Minutes of November 21, 2017 City Council Regular Meeting B. Final Plat for Oaks South Subdivision No. 7 (H-2017-0147) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road C. Final Plat for Oaks South Subdivision No. 8 (H-2017-0146) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road D. Final Plat for Shelburne No. 2 (H-2017-0148) by Shelburne Properties LLC Located East of S. Eagle Road on the South Side of E. Zaldia Lane CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, December 5, 2017 – Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. E. Development Agreement for Aegean Subdivision (H-2017-0114) with Premier Investments, LLC 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) F. Streetlight and Electrical Maintenance Agreement: 1940 S. Eagle Road G. Whitebark Subdivision #2 Sanitary Sewer Main Easement H. Swindell Subdivision Sewer and Water Main Easement #1 I. Raisin Angels Daycare Water Main Easement J. Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the “DIGESTER 4 CLEANING” project for a Not-To-Exceed amount of $100,000.00. K. Subrecipient/Beneficiary Grant Agreement with Ada County for Meridian Police Department Receipt of Homeland State Security Program funds from Idaho Office of Emergency Management L. AP Invoices for Payment - $1,033,547.59 7. Items Moved From the Consent Agenda 8. Community Items/Presentations A. Mayor’s Youth Advisory Council Update 9. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. Meridian City Council Meeting Agenda Tuesday, December 5, 2017 – Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. A. Final Plat Continued from November 21, 2017 for Rockbury Subdivision (H- 2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way Approved B. Public Hearing Continued from November 28, 2017 for Movado Greens Subdivision (H-2017-0104) by DevCo, LLC located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road Approved 1. Request: Rezone of approximately 11.08 acres from C-G to the R-15 zoning district; 2. Request: Preliminary plat consisting of 96 single family residential lots, 6 commercial lots, and 7 common lots on approximately 24.23 acres in the proposed C-G and R-15 zoning district; 3. Request: Development agreement modification to incorporate the 96 residential lots and 7 common lots into the existing DA for Movado Estates Subdivision (Instrument # 2017-012608); 4. Request: Development agreement modification to reduce the total acreage of the Silverstone Apartments site and to reduce the number of apartment units; 5. Request: Conditional Use Permit Modification to reduce the acreage of the apartment project, to reduce the number of units, modify the proposed amenities and other specific changes to the previously approved project (H-2016-0060) C. Public Hearing Continued from November 14, 2017 for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division Approved 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements AND Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing, Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts D. Public Hearing for Swindell Subdivision (H-2017-0145) by Volante Investments, LLLP is located off the northwest corner of S. Locust Grove Road and E. Overland Road Approved 1. Request: Modification to the development agreement (Inst. #2016 - 045074) to include a conceptual development plan and building elevations Meridian City Council Meeting Agenda Tuesday, December 5, 2017 – Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. E. Public Hearing for Rapid Creek Subdivision (H-2017-0117) by WHPacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Road Approved 1. Request: Annexation and zoning of 23.02 acres of land with an R-8 zoning district; 2. Request: Preliminary plat consisting of 93 building lots and 11 common lots on 21.02 acres of land in a proposed R-8 zoning district 10. Department Reports A. Continued from November 14, 2017: Community Development/Planning Division: Idaho Avenue Amenities - Transfer of Ownership from Meridian Development Corporation to City of Meridian and Next Steps 1. Resolution No. 17-2048: Joint Resolution of Meridian Development Corporation and City of Meridian Signifying Transfer by MDC and Acceptance by City of Idaho Avenue Decks, Planters, and Bicycle Rack Approved B. Fire Department: Budget Amendment for Exhaust Carcinogen Testing Not- to-Exceed $4,000 Approved 11. Ordinances A. Ordinance No. 17-1732C: An Ordinance (Maverik – H-2016-0027) of the City of Meridian granting annexation and zoning for part of the Northeast Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from C-2 to C-G (General Retail and Service Commercial District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Approved B. Ordinance No. 17-1755: An Ordinance (Aegean Subdivision – H-2017-0114) of the City of Meridian granting annexation and zoning for a portion of the NW ¼ of Section 33, Township 4 North, Range 1 West, as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Meridian City Council Meeting Agenda Tuesday, December 5, 2017 – Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands of 65.29 acres of land from RUT to R-4 (Medium Low Density Residential District)(25.79 acres) and R-8 (Medium Density Residential District)(36.50 acres) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Approved 12. Future Meeting Topics 13. Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74- 206(1)(j): To consider labor contract matters authorized under section 67 -2345A [74-206A](1)(a) and (b), Idaho Code. Into Executive Session at 10:31pm Out of Executive Session at 10:39pm Adjourned at 10:39pm Meridian City Council Special Meeting December 5, 2017 The Meridian City Council special meeting was called to order at 5:00 P.M. on Tuesday, December 5, 2017, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Keith Bird, Joe Borton, Ty Palmer, Anne Little Roberts and Luke Cavener. Staff Present: C.Jay Coles, Bill Nary. 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 Item 2. Adoption of the Agenda: Bird: I move we adopt the agenda as published. Borton: Second. De Weerd: A motion and a second to approve the agenda as published All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74-206(1)(j): To consider labor contract matters authorized under section 67-2345A [74-206A ](1)(a) and (b), Idaho Code. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(d) and (1)(j). Borton: Second. De Weerd: I have a motion and a second to go into Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. (Executive session at 5:01 p.m. to 6:06 p.m.) Bird: I move we adjourn the Executive Session. Borton: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye ALL AYES. MOTION CARRIED. Bird: Move to adjourn. Borton: Second. De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:06 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR T MY De WEERD DATE APPROVED ATTEST: , CITY CLERK 1-000", ED Ali i S Cp �+ o SV Ec'� IDIAN�— IOAHO SEAL �/ Meridian City Council December 5, 2017. A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, December 5, 2017, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Keith Bird, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Josh Beach, Warren Stewart, Jamie Leslie, Mark Niemeyer, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___ Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Thank you for your patience. Sorry to get started a little bit late this evening, but welcome. For the record it is Tuesday, December 5th. It's five minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 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 Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore 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. Moore: Good to be here. And, Mayor, I'm happy to report that tomorrow we will have a meeting -- the Faith Community and community leaders for next spring's annual prayer breakfast. So, get going on that. De Weerd: Great. Thank you for your leadership. Meridian City Council December 5, 2017 Page 2 of 98 Moore: Our Father God in Heaven, thank you for this wonderful day in this season and just we are recalling what it was like a year ago was Snowmageddon and, God, we -- I thank you for the way that -- though that in the light of that that our -- these -- these servants of our community, these leaders and the whole citizenry, pulled together to deal with that. God, it just reminds us what can happen in this community when we -- we do pull together and we are one and we are neighborly and we live the kind of lifestyle that Jesus brought. Father, I thank you for this season and the things that are planned in a community at Christmastime and we ask your blessing on them, that lives will be -- be moved and changed and encouraged. We think of the words of the -- the Prophet Isaiah that said: Unto you a child is born, unto you a Savior is given, and upon him the government will rest. And tonight that seems an appropriate thing to remember in this moment. I pray for wisdom and direction for these leaders in our community and the weighty decisions they have to make and the people that are sitting here tonight in this room and some of them are for it and some of them are against it and they got to make a decision. I pray for -- for your -- your direction in this. We pray for peace in our community and see that it -- it starts with us, in the name of Jesus I pray, amen. Thank you. De Weerd: Thank you. And since you mentioned Snowmageddon, We did have our fifth meeting today about the possibility of snow and -- and how we will prepare for that. We met with Ada County Highway District, as well as department leads, and so we have had our fifth meeting today. So, it's well underway. Thank you, Pastor Moore. Item 4: Adoption of the Agenda De Weerd: Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We really don't have any resolutions or ordinances, so I move we approved the agenda as published. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as published. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5 under future meeting topics. Coles: Madam Mayor, no sign-ups this evening. Meridian City Council December 5, 2017 Page 3 of 98 Item 6: Consent Agenda A. Approve Minutes of November 21, 2017 City Council Regular Meeting B. Final Plat for Oaks South Subdivision No. 7 (H-2017-0147) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road C. Final Plat for Oaks South Subdivision No. 8 (H-2017-0146) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road D. Final Plat for Shelburne No. 2 (H-2017-0148) by Shelburne Properties LLC Located East of S. Eagle Road on the South Side of E. Zaldia Lane E. Development Agreement for Aegean Subdivision (H-2017- 0114) with Premier Investments, LLC 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) F. Streetlight and Electrical Maintenance Agreement: 1940 S. Eagle Road G. Whitebark Subdivision #2 Sanitary Sewer Main Easement H. Swindell Subdivision Sewer and Water Main Easement #1 I. Raisin Angels Daycare Water Main Easement J. Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the “DIGESTER 4 CLEANING” project for a Not-To-Exceed amount of $100,000.00. K. Subrecipient/Beneficiary Grant Agreement with Ada County for Meridian Police Department Receipt of Homeland State Security Program funds from Idaho Office of Emergency Management L. AP Invoices for Payment - $1,033,547.59 De Weerd: Okay. Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 5, 2017 Page 4 of 98 Bird: I move we approve the Consent Agenda as published and 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, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All Ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Mayor’s Youth Advisory Council Update De Weerd: Item 8-A is Community Presentations. We have the Mayor's Youth Advisory here with us tonight and I will turn it over to our MYAC chair Collin. Freese: Good evening. De Weerd: Good evening. Freese: So, thank you first off for letting me come here today and just speak about what we have been doing in MYAC. So, the first thing is that we just got finished up with Rake Up Meridian. So, community service put on Rake Up Meridian and they went around and raked up I believe three houses and, then, while they were at one house they looked over and saw a neighbor that the house was full of -- covered with leaves. Knocked on the door and asked, hey, would you mind if we came over and just raked up your back yard and he was surprised, he was like do I have to pay money and we were like, no, no, we want to do this as a community service and so he said of course. So, they got to go out of the way and go and serve a couple of other people and -- and it was a cool project just to see that happen and just to see, hey, let's step out of our way not just to do three houses, but another one. So, another thing that we had was game night over Thanksgiving break. We had an opportunity for MYAC’ers to come and socialize with each other during the Thanksgiving break. We wanted to make sure that we are still staying connected with each MYACer, even though that they are on break, we are like, hey, guys, we still want to be involved with what you guys are doing and we Meridian City Council December 5, 2017 Page 5 of 98 play games, we watched a movie. I believe the movie was -- it was a little funny, but we just had a fun time together. One of the events that we are putting on right now in community service is doing a sock drive. So, the sock drive is going on between each community. So, TAC, community service and government affairs, the goal is whichever committee gets the most socks donated wins a pizza party. But the main focus of the whole entire sock drive is just to get socks together, so that we can give them out and donate them. So, a couple of things that we have been doing is we have been having guest speakers speak out at our MYAC events. So, every MYAC meeting we have a guest speaker. We -- in the past we had Clint Shiflet from Idaho Credit Central Union, who is a main sponsor of MYAC, and the main focus of having guest speakers is pouring just wisdom and knowledge into the younger generation, young kids' lives, telling them, hey, this is what I have been through and this is what knowledge I can give to you and so we just want the opportunity to -- everyone just gain some wisdom from someone no matter who it is. So, a couple of our future events is that next Monday we have our participatory budgeting expo. There have been three people who have been approved and they will be presenting on their projects this upcoming Monday. So, we are going to take time out of MYAC to have them present their project of what they want done and just give them the chance to speak up and be leaders and show what they have put effort and time into. And another event we have is the week after that -- that Monday we will have our Christmas party to end the year in MYAC and so we just want to set it off with a bang. Just saying, hey, everyone we are here to support you, we want to have fun, we want to just enjoy this and just look back at all the progress that we have had in the past year. And the last thing I want to talk about was -- I have had a new opportunity to step up as chair and so I will no longer be speaking at City Council anymore, but I have here with me Elyssa Wade. If you don't mind coming up. But she will be the new vice-chair and she will be speaking to you guys and I just put down some incredible things that she's super enthusiastic. She's a great leader. I know she's so qualified for this. So, Elyssa, if you want to tell them a little bit about yourself. Wade: Yes. So, my name Elyssa Wade. A little bit about me is I'm from Texas. So, it's a little chilly here right now. I find reliability and productivity very important in being a leader. I tend to do tasks very well and I am very creative. So, I really like being involved in MYAC and having the opportunities to have other people's voices heard and having my own voice heard. So, I feel like I can do really well in this position and I thank you for letting me join. De Weerd: And Elyssa was the co-chair of TAC and so she -- she jumped right in there and hit the ground running. Wade: It's a little intimidating, but think I got this. De Weerd: And I did notice, Collin, one of the things that you didn't mention is you had a pretty large group helping at the Winter Lights Parade handing out candy. So, there was a great turnout and we appreciated that. Any questions from Council? Cavener: Madam Mayor? Meridian City Council December 5, 2017 Page 6 of 98 De Weerd: Yes, Mr. Cavener. Cavener: Collin, can you share with us what the three projects that you guys are going to be talking about at the -- the Expo? Freese: I am not aware of what they have been presenting. That would be government affairs chair Arlie. She knows what they are presenting on. But for -- for this past couple of weeks they have been -- I believe putting up a poster board and researching more on what their project -- like what they need to do to get their project finished, like what it looks like pricewise, costwise, and all that. So, I'm sorry, I'm not sure which three projects. I will know Monday, though. Cavener: Okay. Thanks. De Weerd: I think it's a great -- great question and our youth council would invite all of you to come and participate in the Expo and see what they do have to propose. We have three RSVPs that are ready. There are still four others that were qualified projects that we have yet to see if they are going to be participating in the Expo are not. Well, if there is no questions, we thank you for your report, for the energy you add to our community and being a respected voice of youth in our community. So, thank you. Freese: Thank you. Item 9: Action Items A. Final Plat Continued from November 21, 2017 for Rockbury Subdivision (H2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way De Weerd: Okay. Under Action Items. 9-A is a final plat continued from November 21st and -- and just for those that were here last week, I said it would be the first on the agenda, your item, but it does have to follow final plats. So, it is the second item. Josh. Beach: Thank you, Madam Mayor, Members of the Council. This should be quick. This is for the Rockbury Subdivision, which is near the corner of Chinden and Tree Farm Way. If you recall this project was approved for a preliminary plat last year, so the plat in front of you tonight -- and the reason this is before you instead of on the Consent Agenda is we had a last minute update to the plan and we were unable to get the applicant's agreement with the conditions by the time needed by the clerk. So, just a brief rundown. This is a -- it's roughly 23.59 acres of land, which is zoned C-N and R-15 at 5437 North Tree Farm Way. The proposed final plat depicts one commercial building lot, which is here, where the church will be located. One residential building lot, which is to the north here, lot number four. Three common lots, as I said, on the 23.59 acres. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and has found it to be in substantial compliance. City Council approved Meridian City Council December 5, 2017 Page 7 of 98 a variance for this project to allow for a right-in, right-out access shown here on the bottom left corner here to Chinden Boulevard. The approval was contingent on the approval of both the Idaho Transportation Department and the Ada County Highway District. Initially ITD granted a verbal approval of the access. In further discussion with ITD the applicant is required to update a traffic study for the access and as shown some reluctance to now grant the approval. Additionally, ACHD's approval of the overall development was contingent on that access being granted. So, it's a little bit up in the air. Staff is comfortable moving forward with the final plat and with an added condition that the final plat approval is contingent upon both of those agencies granting their approval. With that I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: Not at this time. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address for the record. Wonders: Good evening. Scott Wonders. JUB. 250 South Beachwood in Boise. As Josh had stated, we were a little late on getting the staff report -- to get our comments back. We don't have any comments on the staff report. We agree to all the conditions of approval and here to answer any questions that you may have on the application -- or the final plat. De Weerd: Thank you, Scott. Council, any questions for the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one curious. What's -- what's the difference between approving the final plat contingent upon a future approval versus approving the final plat once the approval comes in? Is there some benefit to us getting it now? No, you really don't have it now? Wonders: So, the -- the actual final plat doesn't really change to any significance whether the right-in or right-out is granted or not. It's just a matter of having an easement in that corner. So, if -- so I asked ITD for an update today. They are reviewing the traffic study currently. They should have something back to us next week. So, if it gets granted we just move forward with the final plat as it is. If it doesn't get granted we remove that easement off of the final plat, but, then, it kicks in ACHD, because ACHD -- Tree Farm Way is currently over the threshold and so without that right-in, right-out, that's how they wrote their staff report, so if ITD denies the right-in, right-out, we have to go back to ACHD and work through another staff report and possibly a commission hearing to redo the staff report. Really, the main crux is Tree Farm is over the threshold, because they need Black Cat connection and that ideally is going to be constructed next year sometime and, then, this issue all goes away. But it's Meridian City Council December 5, 2017 Page 8 of 98 a timing issue to move the church forward, because they would like to start building basically as soon as possible. So, we are diligently working on this issue to get it resolved. De Weerd: Thank you, Scott. Wonders: Thank you. De Weerd: Okay. Council, if there is no further questions for staff or the applicant, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the final plats, H-2017-0131 that approval, contingent as recommended by staff and as agreed by the applicant, contingent upon the approval by ITD and ACHD. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from November 28, 2017 for Movado Greens Subdivision (H-2017-0104) by DevCo, LLC located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road 1. Request: Rezone of approximately 11.08 acres from C-G to the R-15 zoning district; 2. Request: Preliminary plat consisting of 96 single family residential lots, 6 commercial lots, and 7 common lots on approximately 24.23 acres in the proposed C-G and R-15 zoning district; 3. Request: Development agreement modification to incorporate the 96 residential lots and 7 common lots into Meridian City Council December 5, 2017 Page 9 of 98 the existing DA for Movado Estates Subdivision (Instrument # 2017-012608); 4. Request: Development agreement modification to reduce the total acreage of the Silverstone Apartments site and to reduce the number of apartment units; 5. Request: Conditional Use Permit Modification to reduce the acreage of the apartment project, to reduce the number of units, modify the proposed amenities and other specific changes to the previously approved project (H-2016-0060) De Weerd: Thank you. Item 9-B is a public hearing continued from November 28th on H-2017-0104. I will turn this over to Josh for a staff presentation. Beach: Very good. This is an application for a number of items. A rezone, a conditional use permit modification to -- a request to modify two separate development agreements and for a preliminary plat. So, this site consists of approximately 23.5 acres of land, which is zoned C-G, located at the -- on the south side of the East Overland Road between South Topaz Way and South Cloverdale Road. To the north is East Overland Road and single family homes in the Rolling Hills Subdivision, zoned R-1 and RUT in Ada county. To the east is commercial properties zoned R-1B in Boise. To the south is plated single family lots currently under development in the Movado Estates Subdivision, zoned R-15. To the west are commercial properties in the Silverstone Business Park, which are zoned C-G. In 2016 this property was granted a Comprehensive Plan map amendment, annexation and zoning of 102.69 acres of land and a preliminary plat consisting of 430 single family residences and 39 common lots on approximately 102.69 acres in both the R-8 and R-15 zoning districts. And also in 2016 a conditional use permit was approved for a 312 unit multi-family development on 13.51 acres of land. The Comprehensive Plan future land use map designation is mixed use regional. So, there is a number of different applications. I will go through these and if don't see me stop or have any questions, because it's a little complicated. The applicant has applied to rezone approximately 11.08 acres of land from C-G to R-15. The applicant is requesting to reduce the acreage and the number of units of the previously approved Silverstone apartment project. The proposed zoning is consistent with the policies in the Comprehensive Plan. Under the existing zoning, which is C-G, the proposed multi-family development is a conditional use. The use was previously approved, as I said, in 2016 and the applicant now desires to reduce the footprint of the apartments in order to plat additional single family lots south of the multi-family and commercial lots. So, by way of explanation, this entire parcel here -- and outlining where my mouse is -- was their original Silverstone apartments. The proposal now is to reduce the apartments to the smaller rectangular piece here up against Overland Road and, then, to re-plat this area here as single family homes. So, a conditional use permit modification is also requested, as I said, to reduce the acreage of the apartment project from 13.51 acres to 5.71 acres and to reduce the number of units from 312 to 112 and to modify the site design and amenities included in that plat. The applicant is reducing the amenity package from a -- from the clubhouse, fitness facility, swimming pool, Meridian City Council December 5, 2017 Page 10 of 98 children's play structure, a 50 by 100 open grassy area, an enclosed bicycle storage with the capability of storing approximately 60 -- 60 bicycles and a business center to three amenities down from the seven for the clubhouse, a children's play structure, and a sports court and the applicant shall provide two more amenities -- at least one amenity for an open space category and, then, one additional qualified amenity of their choice, for a total of five. The multi-family residential development as proposed consists of 112 dwelling units with eight three story structures on 5.71 acres of land and this will consist of 72 two bedroom units, 80 one bedroom units and 500 square feet and between 500 and 1,200 square feet respectively. A clubhouse is proposed that will contain a leasing office and a mailing center and associated carports. Because of the proposed units containing between 500 and 1,200 square feet of living area, a minimum of 28,000 square feet or .64 of an acre of common open space is required to be provided. A total of 1.24 acres of passive and active open space is proposed. Because 112 units are proposed, the Commission should determine if the number of amenities is appropriate for the size of the proposed development, each from at least one category. So, as I said, staff is recommending two additional amenities for a total of five for the 112. If Council desires to add more, that's something we can do. And, lastly, the applicant is requesting to modify two separate development agreements. I will show you the -- going through this. This is the layout for the single family plat, as well as the layout for the multi-family and this is a separate development agreement for the Silverstone apartments and a portion of this project lies within the Movado development agreement. So, because of these changes we are having to modify both of them. So, going through these a little bit, not a whole lot is going to change in regards to the development agreement. It's, essentially, changing the number of units and replacing the conceptual plan and the elevations. As I said, the Movado -- there is two pages to that one. The Movado development agreement is for the larger overall development. So, there is not -- there is not much changing in that either. You can go through these if you would like. Most of the provisions in here did not apply to the two sections that we are modifying this evening. So, they said there are some conceptual elevations being proposed. Staff is recommending approval. Commission recommended approval of this. A summary of the Commission hearing. The application Mr. Conger was in favor. Did not receive any -- any testimony in opposition in order to receive any commenting and did not receive at that time any written testimony. I did present that as staff. There were no -- as I said, there were no key issues of public testimony. Issues of discussion by the Commission were the number and type of proposed amenities for the apartment project, as well as for the single family development. The number of parking spaces for the multi-family portion. How the multi-family portion of the project will be accessed now and in the future with the proposed commercial lots to the east. Commission did not change anything from staff's recommendation and there are no outstanding issues for Council. With that I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Okay. Good evening. If you will, please, state your name and address for the record. Conger: Good evening. Madam Mayor, Members of the Council, Jim Conger, 4824 West Fairview Avenue. I apologize for the voice. Put up with the wicked cold that I Meridian City Council December 5, 2017 Page 11 of 98 somehow developed just since last week. I would like to thank staff -- as Josh indicated, there is about five portions of the application. We were bringing on the green area as what is in front of you today with the Movado Greens. We worked out all items with staff and, you know, it was numerous meetings to get through and make sure we did everything proper as far as getting the development agreements to just kind of modify the -- the lot counts as Josh indicated. Due to the large number of apartments that got approved in the last 12 months -- we were in front of you in December with -- with these set of approvals that -- that are already done, specifically in the yellow, and, then, the apartment that Josh indicated. There are about a thousand units out on -- on West Overland that got approved. So, what -- what we have done is -- is we have come back in and reduced -- or what we prefer to call right sized. We -- we took it from 312 units to 112 units. It's still a sizable project. We still have some great amenities that can go with 112 units. Staff did add two more, which we already accepted that condition at the Planning and Zoning Commission. So, we have no issue with that. So, with right sizing those apartments, what we did was put in in place of that -- we reduced 200 units, basically, and we added 96 affordable for sale products in that same region, which, again, is in the red area. If you see our original plat is -- the area we are talking about tonight is the pink, the original Movado development that we had in front of you a year ago, that's the preliminary plat of it. We are not touching that preliminary plat. We are up working in the green area. Or the red area. I apologize. You know. So, I guess I'm a little confused. At Planning and Zoning we didn't have any neighbors. We will have some tonight. You know, we talked to a couple of them. You know, our modification tonight -- I have never really been beat up for reducing apartment numbers. Usually I'm beat up for adding apartment units. But what we have done is -- is just focus -- you know, focusing on traffic for a second, our original traffic study with the apartments said 2,059 trips -- daily trips. The new proposal has 1,654. So, basically, it's a 20 percent reduction in traffic. So, as far as traffic goes, it's nothing but reducing and I guess what's important -- and I think I heard Josh allude to it -- you know, in this red area we are up on Overland Road, so I think a lot of the neighbors you will hear tonight is in the back, which is on our other preliminary plat, which, again, we have -- we have been knee deep in that Movado Estates. We have already recorded three final plats and I think we have platted somewhere in the neighborhood of 170 lots already of that yellow area. So, I guess it's a great project. Obviously, it's a great part of Meridian. Everybody knows that and, you know, basically we just respectfully request you approve -- the conditions from staff are acceptable and as the Planning and Zoning Commission forwarded for -- recommended their approval as well. For that I will stand with any questions. De Weerd: Okay. Thank you. Council, any questions? Cavener: Not right now. De Weerd: Okay. Not at this point. Thank you. Coles: Madam Mayor, Members of Council, we had several sign-ups this evening for the public testimony. I will run through that list here. William Wright signed up against. Meridian City Council December 5, 2017 Page 12 of 98 Not wishing to testify. Candace Wright signed up against not wishing to testify. Gary -- apologize, Gary. I'm not sure of your last name. S-p-r-a-z -- I can move to that sheet. Jason Attinger signed up against, wishing to testify. De Weerd: Are you an HOA president? Attinger: No, ma'am. I will keep it under three minutes. De Weerd: Okay. I just wanted to ask. Attinger: Am I being cutoff? De Weerd: No. Attinger: Can you -- is there any way to close that? It's cutting off -- oh, it looks good up there. Okay. Jason Attinger. 2626 South Tristram Way. Good evening, Madam Mayor, Council. I just want to say Merry Christmas as well. So, it is technically December, so -- we are happy that there is no Snowpocalypse. That's great. Just want to go over a few things tonight. I know Mr. Conger is trying to emphasize the red area is not the -- is the only area that we are here to discuss and I want to say that the reason we -- I am here -- you will hear a lot of council members -- or, excuse me, a lot of homeowners, they want to talk about that yellow area, which is in phase one or phase two. It's not even down to the area of construction yet. The -- the canal has not moved. So, we want to talk about increased traffic to Pepper Ridge, to the daycare center, Micron, Gowen Field, southeast Boise and, then, people cutting through there -- the cut- through traffic. The other concern is safety. People speeding through there. Failure to stop. Especially on Hollandale, two stop signs, and, then, the capacity. One trip from a mother taking her kids to school from the north subdivision Movado is actually four times past my house. She goes to school. She goes back in the school. And she goes to school to pick up her kids, she goes back again. So, it's four. So, I don't know what ACHD or Mr. Conger is classifying as a trip. It may be. I don't know. So, here it is. Here is the yellow. It shows the current stop lights that are there. The big red star is where we believe there should be eastern access. I know certain Council Members disagree. There are only 20 of us that were here. Or I don't know the exact number. Twenty of us last year that were here to testify. There is a lot more members that were notified this time, because we went and passed out some fliers. There is the Copperpoint Subdivision. That's the smaller -- that's going to be apartments that are proposed as well. So, just going to get over to here. The only southern access is Knapp Way, which you can see there right across the canal. The blue route would indicate from the Copperpoint apartments, which will be a little bit -- that are proposed tonight in the big Movado Subdivision to the north. The only route to the east -- that little choke point -- what we would call in the military where I would set up a killer ambush -- would be right there in that circled area. That is Hollandale Drive. The two stop signs between these subdivisions that are ran almost all the time and, then, the route out to the east. You're going to hear owners testify about this area tonight and why they think the traffic is going to cut through from Sutherland Downs, Sutherland Farms. We got Meridian City Council December 5, 2017 Page 13 of 98 Movado and, then, now the Copperpoint, which will be coming soon as well. This is the stop sign. This is my house right there to your left. That stop sign I would say is ran about 75 percent of the time. People doing excessive speeds. Boise behind me -- it's technically Boise. That's the other stop sign there for Hollandale. This is Cloverdale Road. Here is where we believe there should be eastern access where they propose to move the canal to the west, they had to deal with ACHD. I don't know the specifics, I'm not here to talk specifics, just general, and let the neighbors talk about that. I know I'm coming up on time. You're going to ring the bell. This is this morning. This is Cloverdale going northbound when I went to work. I was a little bit later leaving the house this morning, so right about the time the kids were going there, so I wanted to get a picture it. If you were coming from Pepper Ridge just to the south of here, would you make a left or would you wait in that car line and go up to Overland and, then, make another left with no traffic light to go into Movado Way? The choice is obvious to all of you. You'd make a left, you'd cut through Muir, then, through Sutherland Farm and you would go that way. The traffic is the reverse at nighttime. So, you have to wait in that traffic if you're picking your kid up from school, unless you cut through the subdivision. I implore you humbly to listen to all the testimony tonight and reconsider your decision. They are not to the point where they have to -- they have even started their third part of their breaking ground yet. They haven't moved the canal over. They have time to change their plan. They can do it. Otherwise, we think it's a great deal. We like your plot. They are not -- they are not shoddy homes. So, Merry Christmas. Please, humbly ask you to listen. I will stand for any questions. De Weerd: Thank you. Attinger: Questions? De Weerd: I guess a question -- if you will stay at the podium -- to our attorney. This application that -- what you're talking about has already been entitled and this application in front of us now is not for the impact that you're talking about. And I appreciate -- Attinger: Okay. De Weerd: I agree with you. I agreed with you then and I still do. Attinger: Councilman Palmer is not the -- De Weerd: Well -- and that's -- Attinger: And I'm not saying anybody, but -- who is left or right, I just remember a year ago saying, hey, we don't want to add another, you know, artery to the road. I mean I'm not a doctor. If you had an organ, you put a line up to the artery, you don't hook it up to the artery -- or to the -- to the little veins. So, I don't know what the legal process is. I'm not a lawyer. I know the project has already started. I know a lot of people weren't heard last time. I know the developer. It would cost them money and time to come Meridian City Council December 5, 2017 Page 14 of 98 back and reapply. But I think they can do the right thing and get with ACHD and say, hey, we still got time. We haven't broke ground on the -- the third phase of our construction yet. De Weerd: But they -- sir, they already have the agreements, the entitlements, and it's not for this Council right now to -- to withdraw that. And let -- let me ask the -- the attorney to kind of detail that process and what you can effect today and what you can't. Attinger: Okay. De Weerd: Okay? Nary: So, Madam Mayor, Members of the Council, the decision that was granted for Movado Greens and Movado Estates is done. It cannot be changed or reconsidered at this point. The only thing that's before this Council are these applications to modify the existing development agreement to either rezone a portion from commercial general to R-15, request primary plat for a portion of Movado Estates for the residential homes. A development agreement modification to change that -- what was granted was for a certain number of homes and apartments to lesser apartments and now more homes than apartments that were originally proposed. The modification to the Silverstone site and a modification on the -- on the amenities. That is all this Council can do is either agree or disagree with what is being requested. Not to change the road configuration or the decision. An entitlement was granted to this developer a year ago. That cannot be changed today. Attinger: So, is it incumbent upon the developer to go ahead say I want to make a change at a certain point to change access or ACHD for that mind set, because of the road or the canal modifying? Nary: I guess I'm not certain of your question. The developer hasn't requested a change and no one else has requested a change that would affect the roadway configuration as it was approved a year ago. All of these changes in here are related to the zone that was approved or the type of building that would be allowed in that particular area, but the roadway issue isn't being requested to be changed by anyone. Attinger: Okay. De Weerd: And I think the -- the concerns and your request tonight, unfortunately, doesn't have anything to do with this application. So, there is no opportunity for this Council to consider any of that. Attinger: Okay. Then -- I mean all I can -- can say is that -- that before you shut down the rest of the hundred people here, listen to their testimony and maybe they have got something else to say and at least consider what they have to say as well and I don't know what all of them are testifying, but I'm sure a lot of people are going to speak on Meridian City Council December 5, 2017 Page 15 of 98 the same behalf without cutting them off. Just listen to what they have to say and that's all I request. Thank you. De Weerd: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, just to clarify, if we deny this application today and -- he just goes back to the original plan that was already approved, which is 312 apartments; is that correct? So, it's a hundred more homes -- 104 more homes than what he's presenting here. Thank you. Attinger: One quick thing -- if I could point out just one sentence off a paragraph Bonnie just passed me. If I may, Madam Mayor. Now, she just passed me on the policy it says access points shall be reviewed only for developmental application that is being constructed by the lead and land use. Approved access points may be relocated and/or restricted in the future if the land use intensifies, comma, changes or the property redeveloped. Is that under consideration tonight on the property change in development? De Weerd: That would be only the access points touching this application. So, that is the access points onto Overland. Attinger: Okay. Thank you. De Weerd: Thank you. Coles: Fred Thompson signed up against, wishing to testify. Thompson: Good evening. De Weerd: Good evening. Thompson: Mayor and Council. My name is Dr. Fred Thompson. I live at 2853 South Nephrite Way in -- in the Sutherland Farm tract. The comments that I was going to make are substantially reinforcing what -- what Jason was just saying, but a question that I might -- that I would like to ask the Council and the lawyer is what recourse do those of us who have not been able to be heard because of a lack of communication of meetings, what recourse do we have to -- to revisit these? Is there -- is there anything that can be done at this point by the Council or are we just toast? The Movado ghetto, as I'm choosing to call it, just really to collect it to -- and aggregate it into one -- one whole thing -- we got Copperpoint, we got Movado, we have got Silverstone, all in the -- all in the same physical area that I'm somewhat negatively describing as a ghetto. It's not going to be a ghetto. I'm sure it's going to be much better designed than that. But Meridian City Council December 5, 2017 Page 16 of 98 the -- the homeowners in -- in Sutherland Farm, Muir Wood, do not feel that we have been adequately heard in the previous -- in the previous thing. So, is that a so let it be written, so let it be done, never to be revisited or is there -- is there an additional revisiting or recourse possible in this? And I'm throwing that to the -- to the Council as a -- as a question. Traffic is going to be unacceptable to -- to the addition traffic in -- in through our -- our tracts, so the environment in Muir Wood is just -- it's a nonstarter in our view. So, sorry, I didn't give you a chance to -- to answer, Madam Mayor. De Weerd: Well, I -- I think we wished we could answer it, but the decision was already made. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I don't know if it's a question for you or for Bill or the clerk or a planner. What -- what steps do we take to make sure that -- well, legally what steps are we required to take to notice for a public hearing and what do we do that goes beyond the minimum requirements? I think that's what he's asking. Nary: So, Madam Mayor, Members of the Council, I'm going to -- and, again, I don't have the original project in front of me, all the noticing requirements were met. I mean the city is required by state statute to public notice in the newspaper, additionally by city code we also post signs on the property, as well as send out mailed notices to properties within 300 feet. I do recall the number of people at this discussion with this Council a year ago, I don't know that everyone here was, but there certainly was a number of people. Maybe partially to answer the question is the -- the Council's approval incorporated all the recommendations by the Ada County Highway District and that included the access to Cloverdale. If there are issues regarding traffic in the future, that's the area to revisit it with is with the highway district. They are in charge of the roadways, they are the roadway authority. If the traffic does become unacceptable, as you just stated, that's the -- that's the agency that's empowered to address that. It's the land use entitlement that's already been granted to this property owner -- to the Movado developer is already completed. That can't be changed at this juncture. But the roadway is always on ongoing discussion, but it's with the roadway authority. De Weerd: And I think the opportunity would only be if the developer came back and requested a change to that part of the development, but he's only asking for the change to the front part up against Overland. Thompson: So, you're suggesting that our plea, if to anyone, should be to the developer to request a change in what they have -- what they have already got approved; is that -- is that what I'm hearing? De Weerd: I -- I think there is opportunities to work with the developer, with Ada County Highway District, and certainly we can offer -- we have a transportation commission to Meridian City Council December 5, 2017 Page 17 of 98 talk about areas in our neighborhoods that have concerns about running stop signs and cars speeding through their neighborhoods. We are only a recommending body to Ada County Highway District, but would love to have your neighborhood come to the transportation commission and see what our commission can recommend in working with our transportation partner to mitigate some of your concerns that are existing today before you even have additional traffic. Thompson: Great. Okay. Well, thank you -- thank you all and Merry Christmas. Cavener: Madam Mayor? De Weerd: Hold on. Mr. Cavener. Cavener: Just a question. Your comments about not being heard -- Thompson: Yes. Cavener: -- in light of the information that was shared by the city attorney, do you still feel like that there wasn't an opportunity for you as neighbors to be heard and, if so, what -- I think for us as a body we always are trying to respond to our citizens and improve our practices and so I'm curious just your perspective what more you would have liked to have seen done. Thompson: Well, Mayor de Weerd mentioned about having signs posted on -- in -- on the various properties of upcoming -- upcoming hearings, but there are so many of these signs around that you don't always know for sure what they are -- what they are targeting. The signs are not complete enough that a reasonably -- reasonably intelligent person could -- could capture what they are -- what they are really doing and what -- what that might be. So, just placing signs -- even -- even posting things in the newspaper -- I don't happen take a newspaper. My only input would be from our HOA, which tries to keep us apprised of things that would affect us. I don't know what to -- what to tell you, other than maybe requiring that the developer do something with adjacent neighborhoods, so that -- so that we don't find something slipping in underneath our radar and I think that's what we feel, that -- that this project has been slipped in under our radar where it could not be adequately addressed. De Weerd: So, what we do over and above the requirement by law of a development is we require a pre-application neighborhood meeting and I believe last year that -- that was done and we also do require the mailings. We now post on NextDoor, which is something that we implemented several months ago -- in June and so we are trying to expand. How can we better get the word out to the neighbors to allow that voice to be heard. But when this came through with the original application we had a number of people that -- that did testify and so the word was out there. I -- we didn't ask them how they learned, but certainly they expressed concern at that time, as I recall. Meridian City Council December 5, 2017 Page 18 of 98 Thompson: The attendance at that from our -- from our owners associations was rather minimal compared to the response a year ago with the Easy Jet development that was there. We had over a hundred people addressing the Easy Jet challenges and we were able to be represented. During the time of the meeting -- the meeting which -- which addressed this initially for the Movado thing that was -- we were heading into some very bad weather, there were -- it was a -- like pre-holiday season, which made it really tough to be able to -- to get as many people out and to consider and assess the -- the request that was being made before the -- before the Council. So, timing -- timing of these meetings is -- is kind of critical. If you schedule -- if you scheduled a meeting New Year's Day or Christmas Day -- which didn't happen, but if you did something immediately adjacent to a -- a normal holiday season, you're going to get much less attendance and if the developer and the -- and the Planning Commission sets these things up for initial evaluation at times that are adjacent to -- to those holiday seasons, you're not going to get the response and you're not going to get the -- the kind of feedback that you would need to make a -- a quality decision on these things -- Palmer: Madam Mayor? Thompson: -- for whatever it's worth. De Weerd: Mr. Palmer. Palmer: Madam Mayor. I hope you understand, you know, why we can't push all projects out of November and December to make sure that we have as much attendance as possible. I totally understand. I mean we all have families. We are here part time to, you know, have these meetings and try to do the best we can with the information that gets presented to us for who ever was able to make it to the meetings, but you're the second person to testify tonight and I'm hoping that yourself and maybe those coming after you can still also talk to us about what is before us, what -- what decisions we actually can make, how you feel about the change in that section of the project, the reduction in the number of units and the addition of single family residences and placement of some of the apartments. Do you have an opinion on that? Thompson: Yes. Well, the reduction -- the reduction in -- in size is a very positive thing. It's -- it's something that does not address the -- adequately addressed the -- the access across Cloverdale for the -- for the elementary school the children have to get to. It doesn't -- it doesn't adequately address those -- those kinds of things. Possibly a suggestion would be to place an additional requirement on a developer to do a much more affirmative -- affirmative contact of -- of possibly affected people in order -- in advance of -- of any -- any initial proposals. If it means going door to door in the tracts or meeting with the HOA leadership in the various things -- HOA leadership probably be an easier thing, but requiring the developers to do that, rather than what we perceive as having something that has been slipped under the radar past us. Palmer: Madam Mayor? Thanks, Madam Mayor. And definitely appreciate that feedback. We are always looking for ways to -- to improve our process and making Meridian City Council December 5, 2017 Page 19 of 98 sure that as many people as possible are notified. As the Mayor mentioned, six months ago we started posting on NextDoor and I understand that we have gotten quite a bit of response -- good response out of that, because we are able to kind of geo fence it to -- to the people that are going to be affected, so everybody on NextDoor in the whole city doesn't have to see every single project. So, that you know that if something shows up on your NextDoor account that it's going to be near you. But understanding all that and knowing that this is the decision before us, am I to understand that you're in favor of us approving the application to reduce the residences that's before us today, the only decision we can make? Thompson: Well, since it's -- it's the only decision you can make, but I wouldn't say -- I'm less opposed to that reduction than I am to the overall project. If I can put it that way. I'm not -- I'm not always -- and let's go for -- let's go for -- for less locations, we are still going to have a problem. We got a problem when had -- when you had 50 homes or whatever in that -- in that area and trying to get egress and ingress in -- for families and children through -- through adjacent tracts. So, thank you for hearing me. De Weerd: Thank you. Coles: Ron Pascal signed up against, not wishing to testify. Sue Pearly signed up against, not wishing to testify. Oliver Pearly signed up against, not wishing to testify. Bonnie Broussard signed up against and would like to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Broussard: Sure. My name is Bonnie Broussard. My address is 2662 South Teddy Avenue, Meridian, Idaho. De Weerd: Thank you. Broussard: And the reason I'm here before you tonight is because I did find out about this project on NextDoor and I really appreciate the app that you all have been working with and the fact that you have been putting the public hearings on this app, because of the fact that when this project first started I did go to one of the first meetings that they had -- that the developer had with the nearby homeowners. It was the one at Pepperidge school in I believe it was January of 2016. So, almost two years ago. And I have been waiting to be noticed on any public meetings on this project and have not received any. I had my name, address, e-mail address, given to the developer. Was never notified on anything. I'm also on the board with Sutherland Farm and our board has not been notified on any of this project. We -- our subdivision borders the Movado development agreement. That whole overall plan. And at the very least we should have been noticed on the hearings where it discussed the whole entire overall project. Now, when we heard this development being brought up by the developer in January of 2016, he told us there would be access on Cloverdale and -- because, you know, we have the issues with the Easy Jet Subdivision, it seemed like the perfect plan to have Meridian City Council December 5, 2017 Page 20 of 98 the apartments along Overland, because that's what we were suggesting at that time, you know, to have more heavy uses being near the more increased capacity roads. So, it -- it looked like the perfect plan. The apartments didn't have access to the south. We had four accesses to the entire development, two through Silverstone, one through Overland and one on Cloverdale. So, it seemed like a very well thought out development. But, then, we weren't noticed for the public hearings and it seems like everything changed during those public hearings and I think that's why a lot of people are here now, because it was noticed on NextDoor and it's the first time we have seen this. So, we are trying to get our voices heard. We realize that you guys have approved this, but because it's coming before you for reconsideration on making adjustments, we would like to be heard, especially because there is some questions that really aren't clear on the agreement. One of the things is it talked about a right turn access -- I'm sorry. I messed up here. Thanks. But on Overland at Movado Way, it's not clear if that right turn only is from Overland onto Movado or from Movado onto Overland, but it seems like we would need a right turn lane designated all the way to Cloverdale, because of the fact that this is a safe route to school and we need -- with a -- the road is already at capacity. This traffic study was done in 2015, two years ago, and there has been a lot of development approved and constructed since that time and by the time this is built out, I mean we are going to be beyond capacity. So, in order to get the safe routes to school, we would like to have a designated travel lane to get those children by vehicle and the reason why I -- De Weerd: You need to summarize if you can. You have used your time. Broussard: Well, I don't know if you're aware of this, but about six weeks ago we had a student that was hit by a hit and run in a crosswalk going to Mountain View High School and following that on NextDoor there was another child hit a couple of years ago in that same crosswalk and I myself use signalized crosswalks along Eagle where the fire station is, that you can access the park and Mountain View High School there. People are always in a hurry, because these -- there is so much traffic and when they finally get a free lane, they just speed and they don't care about the signalized crosswalks. My husband is a quadriplegic -- De Weerd: I'm sorry, I have to ask you -- Broussard: -- and he almost got hit three times from vehicles running the signalized lights and the fact that that's all that we are providing for this -- for this apartment project, along with the rest of the development is to expect the children to walk across a signalized crosswalk, not even an intersection. Most of the parents are going to choose to drive their children to school to avoid them being hit and so we are just asking for -- De Weerd: Ma'am, I'm sorry I'm going to have to ask you to stop. Broussard: Okay. So, we just ask for a safer project. De Weerd: Thank you. Meridian City Council December 5, 2017 Page 21 of 98 Coles: Nancy Boudreaux signed up against, wanting to testify. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Boudreaux: Nancy Boudreaux. Address is 2611 South Tristram Way in Meridian. De Weerd: Thank you. Boudreaux: I live right across the street from Jason that testified first and I concur with the people not stopping, because at Hollandale that goes from us -- our subdivision into Muir Woods, people are flying through there in all directions and they do not stop at that stop sign. So, I don't know that it would be an -- any less or any better, you know, with the other traffic that you know is going to come through our subdivision and out to Muir Woods. Then for them to get their kids to the Pepper Ridge -- I think that's what it's called -- the elementary school, they are going to have to go out through Muir Woods, make a left, there is no signal there. There are times of the day -- morning, evening and generalized other times, you cannot make a left out onto Cloverdale. So, now you're going to have all this traffic backed up all the way through Muir Woods, possibly even into our subdivision for these people to be able to take their turn and turn left. It's almost an impossible situation. And as far as the Movado Greens Subdivision, I don't mind that personally, but the access -- the developer, obviously, doesn't care. He doesn't live there. He doesn't have to contend with all of the traffic and the safety of our kids. Kids play out in the streets. People are going to get -- their kids are going to get run over and, then, what does it do? It makes that driver, you know, go to jail, because he murdered somebody? To me the sensible thing to do is to put access at Cloverdale. I don't care if you have to move the canal or not. You know. Otherwise, I think I understand it correctly, if we close off Knapp Road right there by the canal, then, we have to absorb the street lights, all of the street maintenance and everything to be a closed community. I don't know if that's true or not. Do you happen to know? De Weerd: I don't think you can turn a public road into a provide road. Boudreaux: Okay. De Weerd: It is already accepted as a public road and owned by Ada County Highway District. Boudreaux: Okay. Well, I think one of the next places that I'm going is to Ada county, the highway division, and have a talk with them, show them the maps and the problems that we already have. They are just going to be multiplied out of -- you know, just out of reason and, you know, it feels like this Movado Greens that we knew about in that little rectangle area, we were not notified of the other Movado Estates I think was up there. We didn't know about that. Nobody has told us that. There was no signage. And, then, all the apartments that are going to go to the west of Knapp along the canal, there was Meridian City Council December 5, 2017 Page 22 of 98 no posting, no signage whatsoever there. We saw little orange flags here and there and we all wondered what is that for? Nobody notified us of that at all. You know, I don't know. I don't see how it got passed, which I understand it did, with no road thought in mind, you know. If the developer had to live there, he definitely would have a road out to Overland and Cloverdale. I can tell you that right now. So, I feel like things got slipped in. Nobody notified us. And so here we are -- and it's all done. And, basically, we can't do anything. Our hands are tied. De Weerd: Well -- and we can't either, because -- Boudreaux: I know. De Weerd: -- the decision has been made. Boudreaux: So, who -- other than the ACHD, who can make a -- a change? Them and the developer? De Weerd: ACHD is in charge of the roads. Boudreaux: Okay. De Weerd: And so -- and I think they were the ones that changed that requirement. Boudreaux: To -- from what to what? De Weerd: The developer will update -- although it has nothing to do with this application. That's what's awkward about this. I'm just telling you all, this is an awkward discussion, because there is nothing we can do. We want to hear your voices -- Boudreaux: Right. De Weerd: -- but I will tell you there is nothing we can do. That decisions has already been made. We have a public hearing -- Boudreaux: -- has never been done. I'm sorry. I cut you off. De Weerd: We had your neighbors that were -- were in attendance. I don't know how they found out, but they did, and we are -- what is in front of us to make a decision on -- or the City Council to make a decision on is the development that's up against Overland Road -- Boudreaux: Uh-huh. De Weerd: -- where they are asking to reduce the number of units. Meridian City Council December 5, 2017 Page 23 of 98 Boudreaux: Is that Movado Way? Does that go out onto Overland? Is that going to be connected to all of the other traffic? Or the other sites? De Weerd: It is all interconnected, yes. Boudreaux: So, they can get out of Movado Greens by going out to Overland? De Weerd: Yes. Boudreaux: Okay. We weren't aware of that either. Okay. So, I -- you know. And I understand -- you know, we are up here hollering and talking like it's all your fault and I don't think it is necessarily, but I think somebody needs to notify the neighborhood. At least the HOA and, then, they can get it out to the -- to the rest of us. But here we are sitting there, that don't -- De Weerd: Well -- and that is why we added the additional step -- Boudreaux: Uh-huh. De Weerd: -- of posting on NextDoor, because, again, we are constantly looking for ways to -- to get better at letting the neighbors know. Boudreaux: I personally moved out here two years ago, my husband and I, and I didn't know about the -- what do you call this NextDoor -- until my sister told me about it. So, I'm sure there is a lot of people who don't know about NextDoor, you know, and, granted, it's a good way to get the news out. I know now. So, anyway -- De Weerd: Thank you. Boudreaux: Thank you. Bye-bye. Coles: John Boudreaux, signed up against, wishing to testify. J.Boudreaux: Council. John Boudreaux. I live at 2611 South Tristram, right across the street from Jason, and, like he said, all that traffic goes right past our house, right past the stop signs and everything and as for the Council, our comments don't count. The dye has been cast. What we need to do is we need to put a barrier across the bridge at South Knapp that will keep everyone in Movado out of our area, we won't have a traffic problem. The developers talk about how much he's going to do for our area, how much -- you know, great it's going to be. On our backs. That's all I have to say. Thank you. De Weerd: Thank you. Coles: Lorraine Anderson signed up against, not wishing to testify. Kathy Hossler signed up against, wishing to testify. Jennifer Jenks sent up against, saying maybe she wanted to testify. Meridian City Council December 5, 2017 Page 24 of 98 De Weerd: Whichever one you want. Good evening. Jenks: Jennifer Jenks. 3532 East Beamer Court. De Weerd: Thank you. Jenks: Okay. I guess I want to just address the developer. I am very grateful that he has reduced the amount of space in terms of apartments that he is proposing now. I think that's well conceived. I think he took a lot of time to consider potentially input that the neighboring community might have had. So, I -- I am grateful that he took the time. I hope that in further considering the remainder of their development that he will continue to involve the neighboring community, so that maybe additional changes that might need to happen can involve everybody's input. But in terms of his willingness to look at what really needs to happen in that regard, I think that that is admirable and I appreciate that. I think -- and I'm just -- understanding, the entrance, then, from the apartments -- I'm a visual person. I don't have it right in front of me. Will go out to Overland -- Overland Road, is that -- yes. De Weerd: It's right there in front of you. Jenks: Okay. Will that be the only exit from that particular place to Overland? De Weerd: I guess, Josh, is there a better -- Jenks: Will there be another entrance? De Weerd: How the next -- yeah. Beach: So, the applicant is -- there will be some cross-access between the apartments and these commercial properties here. Jenks: Okay. Beach: And, then, there is an emergency access from the apartments down through -- mainly for emergency services. But the main access point for the apartment is going to be out through the Overland access. Jenks: Okay. I guess my only suggestion would be knowing how that area gets during the high traffic times, would be potentially to put another entrance there to allow just easier access in and out, because that particular part of Overland, you know, especially during work traffic, it -- it backs up from Eagle to Cloverdale such that you can't make a left-hand turn at all without potentially having an accident. So, to multiply that potential exit or entrance might reduce that possibility. Does that make sense? Palmer: Madam Mayor? Meridian City Council December 5, 2017 Page 25 of 98 De Weerd: Mr. Palmer. Palmer: Madam Mayor and Josh, I'm looking at page 52 of the application materials and if I'm understanding it correctly, there are two entrances and exits onto Overland from the property; correct? Beach: Yeah. So, there is the South Movado Way entrance here where my mouse is and a separate one for the apartments approximately in this location. Jenks: Okay. I guess I don't -- I don't see it on that. Beach: It's not on this map -- De Weerd: It's -- it's right there. So, that would be the one that wasn't on the -- the other slide. Jenks: Okay. Beach: I don't believe I have one that shows both of them. Jenks: Okay. So, I will just -- so, there is one just say on the west side in particular. Okay. All right. Well, if that's the case I think that he's taken some time to consider that and, like I said, just to reiterate, I hope that he will continue to think about that potential with the further development that he makes and that he will involve the neighboring community more. De Weerd: Thank you. Coles: Janis Glenn signed up against, indicating maybe wishing to testify. Gary Glenn signed up against indicating maybe. Arnold Hendrick signed up against, wishing to testify. De Weerd: Good evening. If you will state your name and address for the record. Hendrick: Yes. I am Arnold Hendrick. I live at 2654 South Jeblar Way in the Sutherland Farm housing development. De Weerd: Thanks. I don't think those microphones consider taller people, so I'm sorry you will have to bend over. Hendrick: That's okay. I originally came because I, too, was concerned about the traffic plan and was aghast to discover that the main grid street -- in this case Cloverdale -- was not connected to the subdivision. Seeing the application before you now, item three does request modification to the Movado Estates housing development. So, it seems to be this might be a golden opportunity to revisit some of the other clauses in Meridian City Council December 5, 2017 Page 26 of 98 the Movado Estates development, including its internal roads. Also noting that the developer's suggestion that the reason for his change was fewer apartments, because there are so many more apartment units being developed in this area, he apparently feels that it's to his advantage to make these changes. But, unfortunately, he is not making the change that so many of us here feel is necessary. So, I would recommend that a vote against this change is a message to the developer that he has to reconsider the internal roads and connect to -- to Cloverdale and on that logic I would recommend going against these particular changes. De Weerd: Thank you. Hendrick: Okay. Thank you very much. Coles: Lisa Curry signed up as neutral, not wishing to testify. Ann Barnes signed up against, not wishing to testify. Pam Judy signed up against, not wishing to testify. Joann St. Charles signed up against, not wishing to testify. Robert Norton signed up against, not wishing to testify. Eric and Carol Gabrielson, signed up against, not wishing testify. Cathy Valenti signed up against, wishing to testify. De Weerd: Thank you for joining us. You can actually pull it down now. Valenti: You're saying I'm short? De Weerd: No, I would never suggest that. Valenti: Catherine Valenti at 2607 Teddy. De Weerd: Thank you. Valenti: And thank you for letting me talk and I guess I misunderstood, because I didn't think it was a done deal, but I would like to say I am for reduced number of apartments. I appreciate that part. I would also like to say that along with some of the other people here I did not realize when this big huge part of the subdivision or even the apartments were going in, I did not realize we didn't have Cloverdale access. I thought we did. So, I would I guess for the record like to say that I -- I did not understand that and I wasn't aware of the meetings before. So, that's one thing I would like you all to take into consideration and I do appreciate you trying to keep in contact with people. I'm sure it's very difficult. I have no idea how those other people found the earlier meetings, but kudos to them. But thank you. De Weerd: Thank you. Coles: Bill Coddle signed up against, not wishing to testify. Gary Van Ackern signed up against, wishing to testify. Van Ackern: My name is Gary Van Ackern. I live at 3967 East Raja Drive. Meridian City Council December 5, 2017 Page 27 of 98 De Weerd: Thank you, Gary. Van Ackren: You know, I -- I have to tell you how I got here tonight. I took the back roads, because that's the only way to get through the traffic. I know that's a hundred percent, Madam Mayor and City Council, of what you probably -- 75 percent of what you deal with is traffic and you have no control. I think the things that have been said tonight are very true, is that the citizens were not notified. We don't need to sign up to an app to get spam. I think it's great that you're using that resource, but it's not effective. I think it's very clear here that we were not notified or not duly notified. I think -- one thing I would ask to maybe understand better is the meetings that have gone on between the city and the developer and ACHD to discuss this. ACHD does not care. Okay? They were called, they were contacted, it's a done deal. We don't care. We were not notified. Okay? I think one of the things that you're asking for and the thing that you -- that is a request tonight is the reduction, I actually am against it, not because it won't improve traffic, because, obviously, it will, but because the reason behind the change. The market is saturated in apartments. Okay? He's not going to be able to get as much money out of it, because it's saturated and so there is a profit in this. These are big dollar developments. To put in a bridge it's probably -- I'm going to just guess -- I'm an engineer -- I'm an electrical engineer, not a civil or mechanical or anything like that -- it's probably a half a million dollars to put that bridge in. Now, I do believe that the City Council does have the ability to stay a decision on this. I could be wrong, but to wait and hold this over and try to ask the developer if they would be willing to negotiate this for the future development. I think that, again, that the property owners within 300 feet -- this is in Boise and Meridian. Okay? Boise didn't notify us. I don't know that Meridian -- you know, other than just the posting of the sign. But there was not a proper notification from ACHD. You know, in the testimony -- we were here last week and staff produced the plan for expanding Cloverdale. It's going to be a choke point. It's going to be a mess. Because there is -- it's not even on the ten year plan to widen it. ACHD is not addressing the north-south transfer here and everybody -- everybody -- that's a broad stroke -- but a fair majority, just like I did tonight, I went through the business park over behind Home Depot to get here, because I couldn't get through the traffic, because it's nuts. We have to responsibly build. I think, you know, we are very grateful to the City Council, Madam Mayor, for the decision that was made at the entrance to our subdivision. We spend a lot of time and had a lot of -- hundreds of people here to testify for the same thing and I just ask you guys to work with this, hold this over or do something. I do think you have control. I think you have options. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Sir, a few questions for you. Van Ackren: Sure. Meridian City Council December 5, 2017 Page 28 of 98 Palmer: What was your address again? Van Ackren: 3967 East Raja Drive. Palmer: And how did you hear about tonight's meeting and how would you have liked to have been notified? You mentioned you didn't -- weren't into the idea of the NextDoor app or -- how would you -- Van Ackren: I actually had signed up for NextDoor, but there was so much garbage that comes through it, it's not worth my time. I can't even get to my real e-mail. Okay? How was I notified? Through the homeowners association of this meeting. Nothing prior to this did I ever hear anything. Palmer: And, Madam Mayor, if I may. Is that how you prefer to hear it through your HOA or to be notified directly? And, if so, by what -- what medium would you prefer? Van Ackren: Well, I don't think just me that should be under consideration. I think, you know, I -- we have a great HOA that's involved. Not everybody does. So, that's not a -- I mean for us in our subdivision, sure, the HOA is fine. I think maybe even having a small card mailer come out. You know, we don't always drive all the way around these properties. I try to avoid Cloverdale, because it's a choke point, you know, but I know that my wife takes it to take my daughter back and forth to school four trips, just like they said, every day and I'm sure with the apartments in there and the homes, it's going to be a lot of traffic. I just -- I'm just astounded -- I mean just flabbergasted by how we can miss this. If the -- if the staff -- and we have argued against staff and staff recommendations. I mean I get that there is -- just if you let me explain this. I mean I guess that there is things that the city would like to see in the growth, but we just -- I'm just asking for being responsible about it. How could it be missed? The density -- I don't know how many total units are planned in this whole Movado thing? A thousand with the apartments? And only having one north access -- two onto Overland with -- and ACHD says -- I heard from somebody else that talked to ACHD, tried to talk to them, the decision was that there would be no light. You can't get across that. I mean -- I have my phone, I can show you the pictures of the traffic from tonight just trying to get here. De Weerd: I will need to ask you to stay to his question. Van Ackren: Sure. Did you have one more question, Council Member Palmer? Cavener: Madam Mayor? De Weerd: Any follow up? Mr. Cavener. Cavener: C.Jay, can you pull up the list of everyone that was notified? Do you have that? Can you put that on the screen so everybody can see that? Meridian City Council December 5, 2017 Page 29 of 98 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, do you drive by this property very often? Van Ackren: I drive through the -- on the west side of the property. I very rarely go to the east side on Cloverdale. Bird: Because I believe there is a sign there. I don't drive by it very regularly, but I think I seen a big public notice sign sitting there a day I happened to be coming down Overland Road from Cloverdale. While I think the developers are obligated to get out to the people and their application meetings -- Van Ackren: Sure. Bird: -- should be very informative and stuff and I think we might be lacking on this -- Van Ackren: Sure. Bird: -- application, I also think when you -- in your neighborhood and stuff you're traveling through there and stuff, you -- you have got to take notice, too. I mean the public tax -- tax people and dollars can do a certain amount, but it's up to us as citizens to watch our communities and be -- pay attention to it and I do -- unless I was looking at the wrong property and I don't think so. It's the old Bienapel place, there was a sign there stating the public hearing -- Van Ackren: Council Member, one thing I just want to say is congratulations on your retirement. I'm glad you were here tonight, because I wanted to tell you that last week. I would like to say something and I believe that's a Meridian city notification and that is not anything to do with ACHD and I believe that's where the problem exists and this is where I think there is a fundamental problem. I think someone say from the association should be at least notified and brought in, if possible, to the city conversations with the developers when you're having these foundational meetings, because, otherwise, we end up at this point. It's platted. It's preliminary. It's already a done deal. And, then, we have to appeal, but there is no leverage. I say again tonight, you have leverage I believe to hold a decision over and ask the developer to address this issue. They are talking in this request about the overall development. There are elements in it to ask them to go back and at least make an attempt. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: C.Jay, just for clarification, is this the list of people that were notified for tonight's meeting or for the meeting -- the last meeting we had on Movado? Meridian City Council December 5, 2017 Page 30 of 98 Coles: Madam Mayor, Members of the Council, Council Member Cavener, this what you see on the screen right now is for this particular application. Cavener: Madam Mayor? C.Jay, do you have access to the notification list for the last meeting? Cole: Yes. I can -- Cavener: Can you pull that up for us, please? Coles: Absolutely. Cavener: Such great staff. Coles: Madam Mayor, Members of the Council, Council Member Cavener, what you see here on the screen is three pages for last year's application, the 2016 application. One, two and three. The other pages are -- it's going to be four. The other pages are cut off of zip codes. It looks like four -- three and a quarter page. Cavener: Thank you. Madam Mayor? And I guess a question for you is just a quick glance here I'm seeing a lot more names for the meeting that we had months ago than we had tonight, yet we have way more people here. On the meeting from a number of months ago I see homeowner associations that are notified. Citizens that are notified. I recognize -- what I'm hearing is we can't obviously -- we can't speak to each person we think is going to be affected directly. Just as a citizen, this looks like a -- a really great effort upon the city to reach out to citizens and I'm just curious with that in front of you what else would you have liked to -- wish we would have done? Van Ackren: I would like for these large developments, where there is very large traffic impacts, where -- that someone from -- you know, you reach out to these guys and let them have a voice at the table, where it's -- it's not a closed meeting. It's an open meeting. Not just testimony, but let's dialogue about this. Let's figure out what the community solution is. Mr. Cavener, the subdivision is fine. In the other subdivision that was proposed when we had two hundred and some people here -- or 180 people, it was because it was not the right thing at the right place. That's not what we are talking about. This was a technical issue that could have been solved. They were already moving and had requested to move the canal. The City Council, as per whatever was on the -- the blue thing, adopted to a waive -- to allow them to move the canal. Why was that not on the radar? De Weerd: But, sir, I don't think -- so, I agree that should have been there, but that's not the decision that was made and that was not what ACHD recommended to this Council. Bird: Yep. Meridian City Council December 5, 2017 Page 31 of 98 De Weerd: As the road authority, they -- and I think what your point was is you don't know when the public hearing is for Ada County Highway District. We can't help you with that. They have elected officials that you can contact and say why aren't we notified about these. I don't know how they do it. We continue to try and improve our process, because your voice does matter -- Van Ackren: Sure. De Weerd: -- and this Council is constantly looking for suggestions as you have heard from the questions that you have received tonight, that how can we improve it. We go above and beyond what the state requires as public noticing -- Van Ackren: Sure. De Weerd: -- and -- and that's -- Van Ackren: Madam Mayor and City Council, I'm not saying that the City Council is at fault here. I think, though, that you sit in a position with -- in working with ACHD and other organizations -- South Ada County Alliance or whatever the one was from last week on that subdivision. You're working with them and that's all we are saying is to -- to be brought to the table to have a discussion, so that we can plan the community. Our community is top -- Meridian, Idaho, is top in the nation -- right? Forbes. Number three or something like that; right? In growth and stuff. But we just -- I'm just saying we have to do this smarter. We have to do this. Let's pioneer a better way. And, like I said, I'm not faulting the City Council at, you know, a broad stroke, but I just want to -- it's amazing how this was missed. This was overlooked. And I don't think, Madam Mayor, that you have to accept -- because you're dialoguing with Ada county I would assume on these things. You're having meetings about it. Whether that's a recommendation -- staff has recommended things that -- that maybe the City Council doesn't agree with after the -- after the homeowners and the community objects to it. It's not always fail proof. It's not always the right thing to do. And, I -- again, I'm not saying you're trying to do the wrong thing here. If we think it's -- if you agree, then, I say we suggest to Mr. Conger to come back and figure out a way or remand is over, hold this over, and let's have a conversation. De Weerd: Council, any other questions? Bird: I have none. Thank you. De Weerd: Thank you. Van Ackren: Thank you. Katherine Porter sent up against, not wishing testify. Robert Nelson signed up against, not wishing to testify. Arthur Caldwell signed up as neutral, not wishing to testify. Paul Hosford signed up against, would like to testify. Meridian City Council December 5, 2017 Page 32 of 98 De Weerd: Thank you for joining us. If you will state your name and address for the record. Hosford: My name is Paul Hosford. I live at 2711 South Knapp Avenue on the corner of Easy Jet and South Knapp. De Weerd: Thank you. Hosford: A couple questions. Do -- do you rate developers? Do you have a rating system in how Meridian City Council feels about them? Do they have any kind of rating system for the Council? De Weerd: Mr. Nary, maybe you should answer that. Nary: Madam Mayor, Members of the Council. No, we -- we really can't do that by -- there is no mechanism or reason that we would rate developers, whether quality or whatever it is you would think we would rate them on. So, no. In your head I can't answer that, but certainly not in any other method. Hosford: The concern that the developer -- after approval over years ago -- so six, eight years, has not been in touch with the HOAs concerning the -- maybe that's the change. The HOAs adjacent to developments need to be notified yearly. Things change in a year. Maybe that's it. Maybe this was dropped. They got through. It didn't go. Anyway, the other statement I have is there is a public hearing for Copper Point Apartments and there was another -- still by a pending commission -- is a public hearing before it goes in; right? That's going up this month at the commission? If we come to that one maybe we can get our words in and get it changed in that development or is that already a done deal, too? De Weerd: No. And there is a public hearing -- Hosford: Yes. De Weerd: -- that is going through the process of whether it is approved or not and that is the appropriate time. Hosford: That's another 124 units adjacent to the Movado deal. Is that -- De Weerd: Certainly you can go online. We can ask staff to maybe bring that up and talk with you afterwards. Hosford: Great. Thank you. De Weerd: Okay. Thank you. And I just will point out, again, the list that Councilman Cavener asked our city clerk to pull up is over three pages in neighbors within the Meridian City Council December 5, 2017 Page 33 of 98 allowable footage of the development, as well as homeowners associations. So, they were notified. Coles: Bonnie Carter signed up against, wishing to testify. Clayton Carter -- De Weerd: I'm sorry, she's on her way. Coles: Is she? Oh. Excuse me. Carter: Merry Christmas, Mayor, City Councilors. My name is Bonnie Carter. I live at 2740 South Afleet Avenue, Meridian. De Weerd: Thank you, Bonnie. Carter: I just have a question. I'm not going to go through all of what we just did. I have a question. There was -- there was at some point a private road that was approved to -- that goes to Pewter for the apartment project and I just want to know -- we are just wondering what happened to that private road. It wasn't addressed in the staff report tonight and when I looked at the -- at the plans I didn't see it anymore. Does anybody know what happened to that? De Weerd: I don't know if -- Josh, can you answer that? Beach: So, that is no longer being considered as part of the application. As you know, south of this project is the Movado Way -- or the Movado Estates and they have what's called their Village product, which is their age-restricted community. So, there is a private road that will -- if you look on the screen will dead end about right there to provide access into that age-restricted community. That road -- De Weerd: It's on that screen right in front of you. Yes. Beach: The private access no longer connects to what would have been the Silverstone Apartments. So, now the access for the apartments is out to Overland Road. Future cross-access out to South Movado Way and emergency access down to these proposed single family homes. But this is no longer being proposed as a -- as an access. As you can see, that's part of their now open space. Carter: Okay. And the other one -- the other question was the right turn lane out of the apartments to access the safe route to the school, right turn from Movado Way over to Overland and right on Cloverdale, then, a left from Cloverdale to Pepper Ridge. Is it east or west to Movado on Overland? It was never in the staff report either. De Weerd: Okay. We will ask the developer to address that when he -- Carter: Yeah. I would like to know. Meridian City Council December 5, 2017 Page 34 of 98 De Weerd: Okay. Carter: Okay. Thank you. De Weerd: Thank you. Coles: Clayton Carter also signed up against, wishing to testify. C.Carter: Madam Mayor and City Council and Mr. Nary, I don't have anything to add that -- De Weerd: If you will, please, state your name and address for the record. C.Carter: Excuse me. De Weerd: Yes. C.Carter: Clayton Carter. I live at 2740 South Afleet Avenue, Meridian. And it's the Sutherland Farms development. De Weerd: Thank you, Mr. Carter. C.Carter: I do have one thing to do -- one recommendation as Councilman Cavener brought up earlier. I would like to see -- or maybe Mr. Nary can answer this question for me. I believe there is a rule or codified section that developers have to notify within so many feet or miles -- I don't know exactly what that is. And is it the number 300 feet or 500 feet? A thousand feet? Whatever it is, is that taken from the actual borders of the development or is it from the center of the development? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council. So, it's 300 feet from the borders of the property and it's all the -- essentially registered addresses of the property owners listed. So, not to get ahead of this, but sometimes, again, we notify everybody who has a property ownership. So, again, sometimes property owners have changed and the notification, you know, sometimes are -- it's all we can get. But 300 feet for the borders to whoever is listed as the owners of the properties with the Ada county assessor. C.Carter: Is that the contractor's responsibility to obtain that or is that part of the information that's disseminated from the city planning department? Nary: Yeah. Actually, that's is the city -- the city is the one that sends the notices out. C.Carter: Okay. All right. I would recommend, since there seems to be quite a difference in opinion of -- on notification, if -- and I assume the notification was by mail, I would recommend that that boundary or the percentage -- you go out to a good quarter Meridian City Council December 5, 2017 Page 35 of 98 of a mile, then, there is no -- that would encompass virtually almost our entire development and we would have had over -- well over 200 just in Sutherland homes -- over 200 homeowners notified versus just assuming the HOA will pump it out. Because, again, the HOA would pump it out on the website and if you don't look at the HOA website -- I know, as a homeowner you should be looking at it at least once a week. But if they don't for whatever reason or they don't have a computer, then, at least they were notified by mail of that existence and even the -- the past residents or owner is gone and the new owner is there, they are still going to get that notification, because it -- you can put it out as either Mr. and Mrs. So and So or resident and, then, they are notified. That's my recommendation to be considered hopefully. The second thing -- the second question I have for the Council or Mr. Nary is -- and I asked you, Madam Mayor, this question during a recent opportunity at your place. What is the -- someone cover the funding mechanism for Ada county roads or highways for Ada county. I'm assuming since all roads are owned by Ada county and not by the city. So, can someone do that for everyone else's edification? De Weerd: Your question was the funding? C.Carter: How it's funded. How are the roads funded. De Weerd: Your -- your roads are funded through growth impact fees, through -- C.Carter: Water impact fees, Madam Mayor? De Weerd: Impact fees on each building permit. So, every home is assessed an impact fee to roads. C.Carter: Right. De Weerd: Just like it does with police, fire, parks and your water and sewer assessments. C.Carter: Our property taxes. Is that going to be found on your property tax bills? De Weerd: That's for new construction. Yes. C.Carter: Okay. So -- De Weerd: Your property taxes, you have -- should on your tax bill have a line item that says Ada County Highway District and also the -- the highway district gets funding from the state and federal government. That's gas tax and I don't know. Maybe -- is Justin here tonight? In the back. So, I might even throw him a hard ball and ask him to -- to see if I missed any funding. But that's the major pots. Because they are a taxing district you do have elected officials that you elect during the general elections as well. C.Carter: Thank you. Meridian City Council December 5, 2017 Page 36 of 98 De Weerd: And that's a great question for your elected officials for Ada County Highway District. C.Carter: Very good. Thank you, Madam Mayor and Council Members. Mr. Nary. And I wish you all a Merry Christmas. De Weerd: Thank you. Coles: Gail Stocking signed up against, not wishing to testify. Damia Thompson signed up against, not wishing to testify. Amy Parker signed up against, not wishing to testify. Dudley Parker signed up against, not wishing to testify. Bryce -- I apologize, Bryce, I can't make out the last name. Sergeant perhaps? De Weerd: You must be Bryce. Thank you for joining us. If you will, please, state your name and address for the record. Herbert: My name is Bryce Hergert. I live at 2860 South Groom Way, Meridian, Idaho. De Weerd: Can you pull that a little closer? Thank you. Hergert: How is that? Is that better? De Weerd: Is that better? Yes. Hergert: I am the HOA president of Sutherland Farm Homeowner Association. De Weerd: You may want to step a little closer to it. Hergert: Okay. De Weerd: Thank you. Hergert: I am the president of the Sutherland Farm homeowners association. I know you have heard a lot of testimony that doesn't quite follow with what the application is this evening. I do have a couple things I'd like to bring up, though. One of them is I would like to thank you -- we have been here a year and a half or so ago and through a similar situation and the Council and Madam Mayor, you helped us achieve a solution to our problem that we felt we had with the apartment complexes at the entrance to Sutherland Farm and I commend you for what you did and help and we have been very successful in working with the development and builder has been great and it's been an asset to our subdivision. I want to just get that record to thank you for that. I have a question concerning the notification list. As you show it here, is there a -- some sort of verification that these were sent out? Is there any -- we have not been able to find anyone within that area that received any of these notifications on the previous hearings. We have a secretary who is very diligent collecting our mail from our P.O. Meridian City Council December 5, 2017 Page 37 of 98 Box and she immediately notifies me and we get something out to the homeowners. We do not recall -- or not been able to -- it's possible -- slightly possible that it slipped through the cracks, but I don't believe so. We have checked with homeowners that live all along Pine Bluff and they said, no, they have not received anything. So, is there any way that that is verified that was sent or received, either one? Or is it just we say we sent it out and, therefore, you must have received it is? That it's a concern of ours, because we try to stay up on these things and when we get something we get it to our homeowners either through e-mail on the website and it didn't happen. De Weerd: So, from two years ago is that what you're referring to? Hergert: Well, we are referring to anything prior to this evening that is on this list. De Weerd: And that's the list from two years ago? Hergert: Well, this is the list that was -- he showed -- the second list that -- De Weerd: Yeah. So, that was from 2016. Hergert: And we didn't -- and that would have been on the original application? De Weerd: Yes. Hergert: Yes. And we cannot locate anyone that actually received that. De Weerd: I'm not sure I would remember what I got two years ago. But I -- I don't know. I don't want to even -- Hergert: Yeah. My question is there a verification process or is it just a matter of someone is supposed to send it out and it got sent out. That's all I'm -- I guess that's -- De Weerd: We do send those out. Maybe, Mr. Clerk, would you talk about your process. Coles: Thank you, Madam Mayor, Members of the Council. So, to answer your question, to verify that they were sent out is -- is the list that goes into the public record. So, that list isn't put into the record until we mail out the postcards -- Herbert: Okay. Coles: -- to verify that they were received that isn't something that we can do. But the list doesn't go into the public record until the postcards are delivered to be mailed. Hergert: Okay. Well, just like you say, Madam Mayor, you know, it's hard to remember what you received. But since we did not find anyone that could recall, I was concerned, because as the HOA board of directors and the president, this will be brought back to us Meridian City Council December 5, 2017 Page 38 of 98 to say what happened, so -- because we feel we are responsible to make sure that our homeowners throughout our entire subdivision are notified of these things and it didn't happen. De Weerd: Well, also part of the record -- and I don't know, Mr. Clerk, if you can pull up the sign-up sheets from the public meetings, but as I recall there were a number of people that were here that evening and they found out somehow and -- and at this point we couldn't even guess how they found out. Hergert: Well, I just wanted to ask -- because I don't want to take up a lot of your time, you know, you have spent a good evening here, so, really, at this point that's all I have to say and I appreciate it. De Weerd: Thank you for being here. Cavener: Madam Mayor? De Weerd: Mr. -- I'm sorry. Cavener: If I could ask you a question. I'm just curious. As a -- as a taxpayer -- so, to send out postcards -- I mean like 53, 54 cents a card, if we were to certify them, the cost would be -- no, I just was curious as a taxpayer -- Hergert: No. I just wanted to make sure that there was a process in place that -- because I never asked that question, I wanted to make -- just wanted to make sure that I have a clear answer to that, how that works. Cavener: Madam Mayor. I think it's in the city's best interest that we do send them out -- Hergert: Sure. Cavener: -- because we do want to hear from our citizens and we don't want a situation where people of our community think like that they weren't informed. I think that's why you have seen so many questions tonight is that -- Hergert: No. I wasn't -- anyway, that -- I just think it would help avoid the situation we have here this evening. Cavener: Okay. Thank you. Hergert: All right. Thank you. Coles: Brad Fitt signed up against, not wishing to testify. Kim Moody signed up against, not wishing to testify. Donna Taylor signed up against, not wishing to testify. Meridian City Council December 5, 2017 Page 39 of 98 Gary Taylor signed up against, not wishing to testify. And with that, Madam Mayor, that concludes our sign-in -- list -- sign-up sheet. De Weerd: Is there anyone who would like to offer testimony? Sir, yes. Good evening. Colson: Madam Mayor and Council -- Council Members. Josh, can I get my presentation that I mailed to you? So -- De Weerd: If you will state your name and address. Coulson: Oh, I'm sorry. Lee Coulson. I live at 2509 South Goshen Way. De Weerd: Thank you. That was Halson? Coulson: Coulson. De Weerd: Coulson. Coulson: With a C. So, there is a lot of concern tonight about the connection onto Cloverdale. I went to the ACHD meeting last year and I was a little disappointed in the meeting. Their impression was that nobody would drive -- drive towards southeast Boise and so, therefore, a connection onto Cloverdale wouldn't be necessary. So, because of that information -- I presented this survey to you last year before the vote. I sent the survey out to some impacted neighbors. There was 102 responses. So, as you look at the results, the percentage is like the number of people, because there was about a hundred or so. So, I asked where they lived. Addressing -- I wanted some information. Do people drive that direction? Is there a concern? And so I wanted to establish that. So, that's what the first question was. And there was response. Yeah, we do drive that direction. Can I go to the -- can I go to the next page, Josh, or -- oh. Okay. And so I -- then I asked the question, well, if you lived in Movado and there wasn't a connection onto Cloverdale what route would you take and as you can see a lot of them chose route two, which is through our subdivisions. And if you noticed when I walked up here, I took route two. De Weerd: I did notice that. Coulson: I, then, asked, well, what if there was a route three. Most people would agree route three would be preferable, as you can see by the results of the survey, and most people walked up to the podium, including our developer, would take route three. And, then, the next subdivision -- there is an elementary school on the east side of Coverdale, which is the closest and most likely the school that the kids from Movado Subdivision would take, I asked, well, what route would you take, route two or route one? As you can see, the response is route two. And if you could go to the next slide. I, then, asked, well, what if there was a route three what would you take and, of course, it makes sense, everybody's going to take route three if it was available. I -- I was disappointed in ACHD's response or their reasoning -- you know, looking at their -- their Meridian City Council December 5, 2017 Page 40 of 98 report, they don't evaluate the connection onto Cloverdale. You know, they didn't say anything about it. It does give numbers going out of the proposed development and, you know, I was really disappointed and it's my understanding now -- I realize, Tammy - - or Madam Mayor and Keith Bird and -- sorry. De Weerd: Milam. Coulson: Voted to have -- or recommended that ACHD review the proposal, but, unfortunately, our other Council Members didn't see a need. It seems like a simple request. I -- you know, I'm looking at Ty, because he was the ring leader of the -- he was the one that proposed that we accept it as proposed, you know, which is unfortunate for us and it -- you know, I sent this survey out and I think it was kind of a shock to the homeowners that -- that did do the survey, this -- this was back December 21st, you know, so people are packing up for Christmas or whatever. And so I'm sure a lot of these people didn't get a chance to come and I think it's unfortunate that these hundred people -- their voice wasn't heard and now it's my understanding that if we want -- if we were to have an access onto Cloverdale, it's up to the developer. He can request a change. De Weerd: Sir, I need to ask you to summarize. Coulson: So, I'm asking -- sorry. De Weerd: I'm sorry. Coulson: I'm asking is -- would you agree that it's up to the developer if he wants to make that change or not now that it has been approved? De Weerd: I think even if we wanted to we can't, because it doesn't apply to the application in front of us. Coulson: I'm talking about for the next phase when -- you know, I think the developer can ask for -- he's asking for a change now. De Weerd: But, see, this is a different application or it's a different portion that has nothing to do with where you would have that connection. Unless he wants to come and make a change to that. Coulson: Right. That's what I'm asking. De Weerd: Then that does open the door. Coulson: So, it's up to the developer if he wants to make a change? Bird: Yeah. Meridian City Council December 5, 2017 Page 41 of 98 Coulson: So, our only -- our only way we could potentially have access to Cloverdale is if the developer wanted that change. I'd ask for it. Bird: Yes. Coulson: And it was approved by -- by the Council. De Weerd: That's correct. Coulson: Yeah. De Weerd: ACHD. Coulson: And ACHD. De Weerd: And the Council. Coulson: Can I just share one more slide? De Weerd: Yes. Coulson: So, I was a little -- De Weerd: I hesitate to say no. Coulson: Well, this -- this slide -- I was a little disappointed in the -- I like the idea of the pathway system that Meridian has, but -- so, the -- the upper path, the red one, is what's going to be developed. De Weerd: Sir -- Council, are you okay with extending this testimony? Okay. I just wanted to ask. Coulson: I'm just -- I'm just looking -- you know, looking at Meridian in the future and I -- I think that the pathway green -- I live right up to the canal and the canal access road is used as the path right now and will probably -- even after Movado Subdivision is developed it will continue to be the path, because the proposed path from Movado isn't really a path, it's just sidewalks and crossing streets. It's -- I would just like the City of Meridian to -- when they are looking at these applications to look at the overall picture of -- of all the pathways. Can you just -- one more slide? This is the last one, I promise. But at the planning -- at the Meridian Planning and Zoning meeting, the reason why that path wasn't proposed was because the developer and the staff said it could not be done and they were correct in that it could not be done on the canal -- you know, it couldn't -- they couldn't remove their canal access road and put a path there, but they could put a path next to it, which is -- if you go up the road from this development -- so, this pathway goes from this development to Mountain View High School. So, you know, a lot of kids take it and they will continue to take it I'm sure, even along the canal access road. But Meridian City Council December 5, 2017 Page 42 of 98 as you can see that when these two subdivisions were developed the pathway was added on -- it was next to the side of the -- so it can be done. I think the -- the staff should be aware that -- and the Planning and Zoning should be aware that, hey, you can put a path next to a canal access road. That's all I had. And I would just like to say, hey, when you're voting for your next city council, that's -- that's all I had. Any questions? De Weerd: Council, any questions? Bird: I have none. Coulson: Thanks. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: That will be 2019 and seats one, three and five will be up. De Weerd: Any further testimony? We did want to have a question about funding from Justin, speaking on behalf of Ada County Highway District. Lucas: Good evening, Madam Mayor, Members of the Council. My name is Justin Lucas, I represent the Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. De Weerd: Thank you. Lucas: I believe the question, Madam Mayor, that you're referencing is the one about how ACHD receives its funding; is that -- De Weerd: Correct. Yes. Lucas: Our largest source of funding comes through property taxes. It's about a third -- a little over a third of our -- of our funding. ACHD is a taxing authority and has been since its creation in 1972. Other than that source of funding we have various other sources, one of which is vehicle registration fees, which is approved by the voters of Ada county through a countywide vote that ACHD goes out for to renew those fees every 20 years. Other than that source -- De Weerd: And those were for special projects. Lucas: The current -- the current -- the increase last time to the registration fee was for special projects, that is correct. We also receive funding through the gas tax, which is Meridian City Council December 5, 2017 Page 43 of 98 controlled by the Idaho state legislature and we receive a portion of that funding through the state of Idaho by formula. The other large source of funding we receive is through impact fees, which you mentioned, Madam Mayor, which fluctuate greatly depending on the development activity within the county. So, that can fluctuate from two million dollars a year to the highest year we have ever had, which was this last year, over 18 million dollars a year. So, those are the primary sources of funding. There is lots of other small sources of funding, but I don't think those are relevant to the discussion today. De Weerd: Thank you, Justin. Council, any questions for Justin as he's up here? Bird: Thanks, Justin. De Weerd: Okay. Thank you. Okay. Any further testimony? Okay. Would the developer like to have -- answer some of the questions that were asked during the testimony and field any closing remarks and questions from this Council? Conger: Madam Mayor, thank you. Members of the Council. Jim Conger. So, the one question I think was on turn lanes. So, we did have a right turn lane required on Movado Way. That's actually already been constructed on Overland. Our Movado Way is actually three lanes where it ties into Overland, which would be a -- you know, a right turn, a left turn, and, then, an access into the development along that. It's a local road, but it's a de facto spine by nature as far as Movado Way goes, so that turn lane has already been installed here approximately a month ago. I think with that I have no further comments from our behalf, but would be more than willing to answer any questions from Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jim, just going through two of your applications, take it from an old goat, your application meetings have got to be clearer, better or something. I don't know what. We -- these last two -- we have had so many people be surprised and I know -- I know better than that, because you have had other applications come before where the application will explain and stuff. I just would suggest that you make sure you get involved and listen to them and get the meetings going. Conger: No. Madam Mayor, Council Member Bird, no, we hear you loud and clear. We feel we do do that. Sometimes that is very similar to bringing a bag of ice cubes to a bunch of Eskimos. Bird: Yeah. Conger: I mean they don't want growth and some of that is just a little bit difficult. Obviously, our neighborhood meetings are to be as informative as possible. Talk about Meridian City Council December 5, 2017 Page 44 of 98 what the comp plan requires and try to do some sort of a -- bit of an educational. Just in clarification, we never discussed an access to Cloverdale Road as you heard. We had six months -- if anybody recalls, we took 40 acres out of Boise and brought it to Meridian. So, during that six months of annexing and de-annexation out of Boise to the city, we spent that entire time working with the ACHD and if you recall -- and many of us may not -- it's been a while. The whole point of the no Cloverdale access really bases around economics and a hundred years from now when ACHD is not maintaining bridges. So, the ACHD part of their policy with the traffic impact study -- or part of their decision making was based off maintenance over the next hundred years. So, there was never a discussion and a switch and a bait and things of that nature. And, again, our neighborhood meetings had the same three pages or four pages that you saw as well as far as our required mailing. So, that would be two sets of mailings that didn't arrive. De Weerd: Just a couple of -- I know we have to watch questions that are not applicable to this application, but what is the phasing for this entire development? You saw the -- you had some construction activity going on. Is -- is this that you're bringing in the first part of what you are building and, then, you're building south? Conger: Certainly. Madam Mayor, Members of the Council, we have -- in the brown area we have brought on 60 of the age-restricted or, you know, age lots in the tan area in the center of the project. We have also brought in the first phase of the urban product in the orange and, then, we have brought in phase three, which is a pretty large segment of the yellow area, all in phase one. So, the yellow area will continue to be expanded in the next phases, as well as, you know, probably a year and a half to two years before we need any more of the brown area, of course, and, then, the Movado Greens is -- is similar to the orange product. So, there will be a little bit where my mouse is going right here and, then, we will also develop some of that Movado Greens phase. I don't know if I answered, but we have done three large phases -- well, two and a half large phases right off the bat and this year we will probably do two more phases in 2018. De Weerd: But your major access is to Overland? Conger: Our access point is to Overland. That was a requirement that we self- imposed. It would have been opposed by your staff anyhow, but we had to have the spine in for phase one and we also have the connection to Silverstone Commercial Park, which heads west. So, anybody going to Eagle Road would take the -- go through the commercial product -- the commercial development. De Weerd: At this point. Conger: At this point or any point. I'm -- yeah. De Weerd: Okay. And I guess you heard all of the concern with the impact and certainly over a year ago when we heard this application there was a lot of similar Meridian City Council December 5, 2017 Page 45 of 98 testimony. Would you be willing to work with those neighbors in bringing ideas of how to mitigate some of the concerns to either our transportation commission or asking for an audience in front of Ada County Highway District? Conger: Yeah. Madam Mayor, Members of Council, we are always sincere in working with the neighbors, as opposed to what you will hear, we have a lot of reasons to care about this project being successful and we care many, many years after it's built out. So, we would be happy -- and what I heard tonight and what we heard a year ago and a half a year before that ago is their cut-through from Cloverdale through them to get to Eagle Road. So, it's not so much my traffic, the TIS -- already supported that and I think if you listen closely to half the people you heard tonight, it was the people coming off Cloverdale and smoking through their development and not stopping at the stop sign and going through. The challenges we will have -- because we took that to ACHD. The challenges we will have is both of their streets right now will be -- you know, with those being at capacity be at 2,000 vehicle trips per day, you saw both of their spine roads -- or both of their roads that the cut-through traffic is using to get to the Silverstone Commercial and to Eagle Road, one of it is at 1,032 trips per day, as opposed to 2,000 and the other one is at 632 trips and I'm just going off ACHD counts. Our traffic impact study also had to study those two roads. So, our issue with ACHD today isn't an issue with ACHD, it's there isn't the capacity there to use taxpayer dollars to do something, because there isn't an issue yet per standards. It doesn't mean the neighbors don't have issues, it doesn't mean people aren't blowing through the stop signs and we are sympathetic to all that. That is all occurring, I'm sure of it, but more than willing to work with the neighbors. It would be to stop at ACHD, out come the traffic impact studies and the actual counts and it's probably not at the threshold for them to spend taxpayer dollars on, but more than willing to go that route. Again, we have done that once. More than happy to do it again. We have already got it set up. De Weerd: But it sounds like there is some representatives from the neighborhood that would love to -- Conger: Certainly. De Weerd: Because right now your issue is with your own neighbors. So, it's -- I think it's incumbent on you to make sure that you maintain livability for your development and when they are going to be neighbors to the subdivision to the south, that working together sets a great precedence to seeing if you can not further exasperate the problem they are having, but to maybe complement it through solutions. Conger: No. For sure. More than willing. De Weerd: Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council December 5, 2017 Page 46 of 98 Little Roberts: Madam Mayor. Within that discussion, Jim, can you include safe routes to schools? We seem to have heard a lot about that tonight and what the best walking path or route path for the kids to Pepperidge would be. I know that's probably asking a lot, but the safety of the kids seemed really, really crucial tonight. De Weerd: No. Madam Mayor, Council Member Little Roberts, no, that isn't asking too much. We actually value that input more than the vehicular trips, to be quite honest, and I think one thing that's got lost in this is this spectacular -- in the bottom right-hand corner when we get to -- it is in already in the development agreement, when we get to a certain specific phase in the yellow area, we actually have to put the pedestrian bridge over the Ridenbaugh Canal. That was put in our application up front and more than happy to do it and we think that's spectacular and contrary to what you heard about the city's master planning and regional pathway, you have a spectacular master plan for your regional pathway and we were more than happy to finish your regional pathway from the Silverstone commercial. It will get finished all the way to the city of Boise city limits. That's where it's -- where the disgruntleness comes is city of Boise doesn't have much of it and a lot of that might have been Ada county, but it doesn't have a pathway system, that homes that backed up blocked all that from occurring, not City of Meridian property, it is Boise city and Ada county property. But, no, you have a pathways common and it's going to be spectacular. There already is a pedestrian crossing at Cloverdale. Our bridge and our pathways are all lined up to go in unison with that existing walkway across Cloverdale. De Weerd: Thank you for bringing that up. Conger: Yeah. De Weerd: Mrs. Milam. Milam: Jim, I guess I would like to know more about if you have decided for sure on the amenities. I think that's part of the reason this was passed with the apartments -- I know there were quite a bit more, but your spectacular amenities package and it looks like it's gone down a lot and I realize some of the number of units -- but it's kind of gone from spectacular to okay and I -- and I'm glad that there is less units -- you know, that there is some blanks left in the -- in the packet. So, would you help me fill those in? Conger: No. Madam Mayor, Council Member Milam, it was a spectacular amenity package for 300 units. Basically the only thing of drastic proportion that we took out of it was the swimming pool. That's the biggest -- biggest item. At 112 units you would never support the pool and it would be of no size that would really matter for that benefit. Now, what we did is -- we believe we know how to read city code, we provided the amenity package that meets city code. Staff added two more. We think that's above and beyond code. We didn't dispute that, we accepted that like big boys and took it. So, we will have two more amenities to add to the package. But, again, we think we still have a great community center, which those people come to. We are Meridian City Council December 5, 2017 Page 47 of 98 going to have a leasing center in it and it will be interactive and a little more of a cafe type style. But the only thing we -- of big measure that we took out was the pool. Milam: Madam Mayor? De Weerd: And, remember, those are minimums. Milam: Yeah. We don't like minimums. Conger: Didn't read the word minimum, but I agree to add two more. De Weerd: They are minimums because that's what you at least have to have. Conger: Yes. De Weerd: Mrs. Milam. Milam: So, originally, you had a fitness center with indoor bikes -- bicycle parking and a media center and a fitness center and it looks like all of that has been removed and what you're doing is combining a clubhouse with an office. The way that it reads now you took out all of that stuff and you're basically just making an office with an attached clubhouse or a lease -- you know, for just a leasing office. Conger: Madam Mayor, Council Member Milam, yeah, we don't believe that will just be a leasing office. It is a bigger facility than that. We still think the media type atmosphere is still there, but, yes, to the -- to the pool, I guess, the equipment center, we could put a bike in it, but typically we are not seeing those get utilized on something of this size. But we will be adding two more back in to meet staff's -- when it comes time at final plat. Milam: Clubhouse facility, bicycle storage, fitness center -- so, all of that is -- so, am I correct to say it's just an office and a clubhouse, there won't be a fitness facility and those other things that were going to be part of the clubhouse, are those all -- are they gone or are they not? Conger: Yeah. Madam Mayor, Council Member Milam, yeah, the fitness center is gone. The community center is still there. Clubhouse type environment. And -- but it -- both of them always had a sales leasing center in it, of course, which is kind of where people congregate, you know, around the -- kind of the manager and things of that nature. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council December 5, 2017 Page 48 of 98 Milam: So, back to my original question. Do you know what the additional two amenities will be? Have you decided on those yet or -- Conger: No. Madam Mayor, Council Member Milam, we have not. We are going through that process and we will have that identified at final plat, because there has to be a final plat for this to move forward. So, that is the way it's conditioned is to add two more amenities when we come in with final plat and we will do that and we did not dispute that, even at Planning and Zoning Commission. De Weerd: Okay. Any other questions from Council? Conger: Thank you all. De Weerd: Thank you. Okay. Council, any further questions for staff? I will wait for your direction. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: If we have no one else that would like to testify, I move we close the public hearing. Borton: Second. De Weerd: I have a motion and -- Council, it looks like we have one more person who would like to testify. Sir. Vansickel: Good evening. My name is Jeff Vansickel. 12252 West Muir Ridge Drive. I would just like to show you this picture. This was from Pepper Ridge, the presentation by Movado developer. There is access to Cloverdale there. So, it was shown in the original Pepper Ridge meeting. I attended another meeting after that at the Marriott and they had taken it out at that point. I was notified of all the meetings. I'm not saying I wasn't. We attended -- me and my wife attended all the meetings, voiced our concern. I think it's obvious there is a lot of concern here. Something else that just, you know, you need to consider -- all these kids that are coming down the spectacular pathway to cross over Cloverdale every morning, I don't know if you have ever traveled down Cloverdale at -- anywhere between 6:30 and 9:00, it will be backed up past Victory with all the kids crossing that street there. I live one house in off Cloverdale, so I'm well aware of all the traffic. We would really like the developer to re -- re-address this. It needs to be done. It's going to be -- I also work in Silverstone and I know how much traffic there is in there. It is a concern and we appreciate your time. De Weerd: Thank you. Milam: Madam Mayor? Meridian City Council December 5, 2017 Page 49 of 98 De Weerd: Mrs. Milam. Milam: Sir? Vansickel: Yes. Milam: Do you have a date on that photograph? Is that a -- was that a photo that was taken or is that a slide from a presentation? Where did that come from? Vansickel: It's a photo that was taken of the -- the plat. Milam: Is it a dated photo? De Weerd: Of the original plat. And as I recall that was -- Milam: Just clarifying the fact that that was actually presented to the neighbors. Vansickel: Correct. Thank you. De Weerd: Thank you. Any final comment from -- yes, sir. Thompson: Excuse me for coming in late, Madam Mayor and Councilmen. Damon Thompson. I live at 4175 East Pine Bluff Drive. De Weerd: Thank you. Thompson: Just reviewing the December 20th minutes, my concern as a homeowner is where I live is when it came down to a final decision is, Madam Mayor, you commented: Council, I don't know if we are ready to -- to vote on this, but I would love to see if there would be a consideration to consider this -- have the developer work with the Ada County Highway District and see if there is an opportunity to make that connection to Cloverdale and, then, it was proceeded to one of the councilmen to push it through. I live on Pine Bluff from Tristram, that's a little bump speed coming through there. My house -- next to it, my neighbor to the west to me, was run into in the middle of the night, 2:00, 3:00 in the morning from a girl texting coming around that corner, took out my mailbox and into his -- side of his garage. I'm not concerned about what kind of counts the developer has. As a homeowner my safety, my grandchildren playing in that neighborhood, I have a concern. It was my wish that maybe the councilmen would have maybe worked with the developer -- or if the developer was there, step up to the plate, work with Ada County Highway District. The Mayor suggested it. Thank you. De Weerd: Any further testimony? You can't testify until you're in front of the mike. Gabrielson: My name is Carole Gabrielson. I live at 4231 East Easy Jet Drive. I just have one question. I wrote -- I read through all of the testimony for both the Planning Meridian City Council December 5, 2017 Page 50 of 98 and Zoning and the City Council meeting. A lot of our neighbors didn't know. The reason you had so many here tonight is because we took fliers around our neighborhood yesterday. We know you can't do anything. We understand that. But we felt like this was the only way that we could get our voice heard. But there is one thing that I read and I wrote you a letter and I -- I hope that all of you had an opportunity to read it, but in the Planning and Zoning hearing Mr. Beach said that ACHD had deferred to the staff to make the decision of whether or not they had a connection to Coverdale and the Planning and Zoning staff were the ones who decided that that was not necessary and I believe his words were we felt there was plenty of connectivity. So, I'd like to know is that the case? Are they the ones who made the decision not to connect to Cloverdale? De Weerd: Our staff would not make the decision of -- for Ada County Highway District. Gabrielson: Well, in the -- in the Planning and Zoning minutes he said that ACHD had deferred to them to make that decision. De Weerd: I don't recall ever having ACHD defer to our planning staff a decision regarding their responsibility, but I guess I will ask Josh directly, since I don't -- I did read that in the minutes. Is -- did ACHD defer our recommendation on their roads? Beach: So, if the question is did the Ada Highway District defer approval of an access point to City of Meridian planning staff? De Weerd: That's correct. Beach: The answer is no and I understand that that's not how that works. I would not have -- I would not have said that. Gabrielson: Okay. I have copies of the -- of what -- what was in those minutes and I have a copy of the minutes, so I will get those to you after the meeting. De Weerd: Okay. Well -- and I am sure -- irregardless of what might be there, I don't know, but I -- the process that we follow is ACHD makes the recommendations on access points and -- and their responsibility for the roads and that would be an overreach for the city to make that kind of decision. Gabrielson: Okay. Thank you all. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council December 5, 2017 Page 51 of 98 Palmer: I think this conversation sounds familiar and I'm thinking it was this project, it might have been a different one, but it had -- I think it -- it was more along the lines of ACHD staff recommendation or something about ACHD staff and maybe Justin knows more than I do with regard to that question, but that's what's sounding familiar, not that it has anything to do with our staff making that kind of decision. De Weerd: I am not even sure what question to ask of you, just that you're coming forward, so maybe you had an answer to -- to at least the conversation on process. Lucas: Madam Mayor, Members of the Council, thank you. Once again Justin Lucas and I have already stated my address. I am representing the Ada County Highway District. The ACHD commission acted on this application. They are the final decision making authority in the sense of the road connection in this -- in this -- as it relates to this specific application. That being said, they make that decision and forward it onto you as part of their recommendation on this overall application. ACHD takes no application on any preliminary plat without first transmitted an application by the city. So, everything starts at the city and you're all very aware of that. It, again, goes over to ACHD, goes through a process where there is opportunity for public comment. Those recommendations from the elected ACHD commission come back to you almost always prior to the City Council meeting and I know many times you have continued applications because you don't have that official word from ACHD and, then, it's before you for final action and, then, you take into account all of the factors related to the application, not just the traffic. So, that's a short process clarification. I just want to make it very clear that when you receive a staff report from ACHD, especially those projects like this that require commission approval, that staff report is being sent to you by the ACHD commission, not by staff. De Weerd: And generally you do require traffic impact studies for a development of this size. Lucas: Absolutely. We have a TIS policy, Madam Mayor, that requires traffic impact studies when projects meet certain thresholds. This project required a traffic impact study and I know this was a discussion at length, the connection to Cloverdale Road by the ACHD commission during the original application. De Weerd: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Justin, so how long ago was the impact study done -- two questions. And can there be access to Cloverdale or is that a shut door? Lucas: Madam Mayor, Council Woman Milam, I'm looking to see if I have a date on the traffic impact study. I don't. I would have to look through this report. It was done prior Meridian City Council December 5, 2017 Page 52 of 98 to the submission -- or as part of the application submission. So, this is back in 2016. The applicant would know exactly the date I'm sure on the traffic impact study, but that would be as part of the early phases of the application process on this application. The question about a connection to Cloverdale Road -- I think it's a valid question. The entitlement process, as you're very aware of and has been discussed at length tonight, has several rules and requirements related to it and as entitled, there is no connectivity shown through this application to Cloverdale Road and so the -- the only way for that to change would be as was stated, a request from the developer to modify their approved application or some future action that would require purchase of houses and things like that to make a connection, which, I will be totally honest with you, is very, very unlikely. Milam: Madam Mayor, follow up. In general how long is a traffic study good for? When will they do another one after it's been too long? Because the rate of growth that we have in the city is crazy and so in two years traffic changes a lot. Lucas: Madam Mayor, Council Woman Milam, I can't really answer the question how long is a traffic study good for. There is not a -- I can't say like one year. There is not expiration dates on those. What I can say is that traffic impact studies are created using existing conditions and projections of future conditions. So, are those projections perfect? No. No projection is. But that's the requirement as part of the traffic impact study, is you take existing conditions and you're projecting future conditions -- not only future conditions for the growth of that development, but what we call background traffic, which is future conditions with general growth and so there are -- there is a lot of inputs into those studies and those -- the people -- the engineers that are required to create those studies are licensed professionals that do this for a living and those licensed professionals, the work they do is reviewed by other licensed professionals at the Ada County Highway District. De Weerd: And generally a traffic impact study is asked to be updated if Mr. Conger came back with a substantial change, adding more -- more units and that would trigger an update at that point, too. Okay. Anything further? Bird: I have none. De Weerd: Thank you. Lucas: Thank you. De Weerd: Mr. Conger is always -- is there any further testimony? Hosford: Kathy Hosford. 2711 South Knapp in Sutherland Farms. I believe, if I'm not mistaken, traffic was -- was done in 2000 -- December 2015. There is a lot more traffic now than there was two years ago and I want people to understand that we are not -- and we are growing. I mean, oh, my God, we are growing and I think the traffic study should be done more now than reverted back two years. Meridian City Council December 5, 2017 Page 53 of 98 De Weerd: Thank you. Hosford: Thank you. De Weerd: Mr. Conger, do you have any closing remarks? Okay. Council, any further questions? Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I believe I have a motion on the table -- Bird: Yeah. Little Roberts: -- that will be to close the public hearing. Borton: Second. De Weerd: Okay. I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just a quick comment. I -- and I should have said it before certain -- or some of the people left after they testified. The input is really valuable and I know ACHD sees here and is listening to it and the developer is and there has been discussion of opportunities to continue to communicate and I appreciate the fact -- and we all do -- the fact that the public recognizes that when -- when the city shares that there is -- there is nothing we can do about that connection at this time, it's -- it's a legal prohibition in light of the application that's before us. It's not a matter of us exercising some discretion right now in choosing not to -- to add that connection, for example. There is just -- there is not a mechanism to do so. If the Council asked to do so now that wouldn't be valid. What can happen and what's come from this meeting is a lot of good things that, hopefully, makes the process better for everybody. Mr. Conger heard the message from Councilman Bird, which is one of many wise ones we all get, that there is an opportunity, even though the noticing provisions were all compliant with Idaho Code and city code, it got opportunity to go above and beyond whenever possible. Over communicate. The public never complains about too much information and it's an opportunity, you know, early and often, to improve a project. So, we don't have situations where -- where the public, through no fault of their own, might have missed something. I might have missed an opportunity. Nobody wants that. And I know you Meridian City Council December 5, 2017 Page 54 of 98 have developed in the community a long time that you're going to be supportive of what Councilman Bird suggests and, then, take it to heart. There has also been good -- good discussion about opportunities for the public to communicate with ACHD directly and ACHD would want to know if they could improve their process and how they communicate to the public and get them involved as well. Those are opportunities that -- from the notes of this discussion that we can take from this and make that process better. To the extent that this application does reduce the number of trips, if there was concern about traffic and the traffic being the need for that connection, approval of this application, based on the metrics of traffic and the reduction of traffic, would support the concerns of the residents. So, from 312 to 112 units, approximately a 20 percent traffic reduction, although anything more than zero percent is a lot of traffic, I certainly appreciate that in any neighborhood, but it does further that goal, which is one of the reasons I'm supportive of this particular application. I just wanted to make sure that the public knew that we appreciate and understand those concerns. I know ACHD does and the developer does, too, and, hopefully, we take these opportunities to improve that process going forward, in particular with regards to noticing to the public. I meant to say that earlier and I saw some people leave and I didn't want people to testify and walk out and think that we weren't listening or weren't going to take the opportunity to try and improve our process or that decision to not address the Movado Estates concerns was a discretionary decision, but, actually, one that we are technically not allowed to decide today. We are only allowed to decide the particular application, for better for worse, that's before us and apologize if I didn't share that earlier. De Weerd: Thank you, Mr. Borton. Other comments? Beach: Madam Mayor, if I could -- De Weerd: Josh. Beach: So, I will say, humbly, that in the Planning and Zoning Commission meeting back in November of 2016 part of my presentation did indicate that the highway district did not require the connection to Cloverdale Road. Certain circumstances it is within staff's ability to recommend certain connections and my testimony was that staff was not recommending that connection at that time. We did not feel that -- that it was -- it was needed. So, that -- that was part of my -- part of my testimony at Planning and Zoning. I wanted to make sure that that was clear, that it did come up and I did make comments. My intention was not to say that the Ada County Highway District was leaving it up to city staff to make that decision. So, hopefully, that was clear. De Weerd: Thank you for the clarification. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council December 5, 2017 Page 55 of 98 Milam: I know there are a lot of HOAs out there and some of them are really involved in their neighborhoods and -- more than others. What I would like to see is at least have a list and -- and try to make sure that the HOA board or a property management is getting these notifications, as well as the requirements. De Weerd: Oddly enough, Mr. Clerk and I talked about that yesterday, to make sure they are on the list. We can only get information from the Secretary of State and that's assuming that that information is up to date, but we will use whatever we have and that will be on the list, so that is shown that they have been notified. Milam: Madam Mayor? And I don't know if it -- if this is more of a technical thing, but there may be something that we could put on our website where HOAs can go in and register themselves. I just got a notification for one of my subdivisions that they are changing to a different property manager and that may take -- I think the Secretary of State things are like February or so, but -- but if they did it in March right after the -- right after the change and, then, there was a hearing, they would never know. So, it gives them the option, something to check with IT about. De Weerd: He was actually going to have it in his report to Council next week when he does his annual update. So, whatever he finds out further between now and then will be included, so -- there you go, Mr. Clerk. Thank you for that. Any other questions, comments? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no other questions or discussion, I would move that we approve Item H-2017-0104. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-B. Any discussion from Council? Hearing none, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. De Weerd: And I guess I have already asked Mr. Conger to work with the -- the neighboring subdivisions or HOAs. If you would like to share information with him following this -- and/or Justin as well, just to make sure we know who has an interest in being part of that process. So, thank you for joining us. Meridian City Council December 5, 2017 Page 56 of 98 C. Public Hearing Continued from November 14, 2017 for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements AND Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing, Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts De Weerd: Item 9-C is a public hearing continued from November 14th on H-2017- 0044. I will ask for stuff comments. Hood: Thank you, Madam Mayor, Members of the Council. I would wish you a Merry Christmas as well, but I have a sneaking suspicion that we will see each other a time or two probably between now and then, so I will save that for another date, but -- De Weerd: I think it's -- Hood: So, Happy Holidays anyway. De Weerd: Thank you. Hood: So, this is a continued public hearing for H-2017-0044, zoning ordinance amendment or UDC text amendments as it is otherwise known. This public hearing was continued from the first public hearing which was on June 6th and, then, again, just a few weeks ago from November 14th. The subject application does serve several purposes and intents that we are trying to meet with this UDC text amendment. First is to establish a clear procedure for approving, revoking, modifying or denying an accessory use permit or what we generally refer to as home occupations. Number two would be to modify and add definitions to Chapter 1 of the UDC for several uses, including direct sales. And, number three, would be to clarify the requirements for permitted, prohibited, and accessory uses in the zoning districts in Chapter 2. The fourth objective is to modify the specific case standards of food products processing. Again, accessory uses, home occupations, and retail stores, wine and beer sales and servings in Chapter 4 and to restructure and reorder the surety and occupancy verbiage in Chapter 4 and, then, finally, to incorporate new standards to allow for establishment of food and beverage -- beverage products processing minor -- and I will touch on that a little, because we didn't really talk about that last time. So, just a quick refresher -- and I know it was just a few weeks ago, so I'm not going to belabor this too much, hopefully, but staff has collaborated with other city divisions on the proposed UDC changes and these changes were shared with the UDC focus group and the BCA, as well as the Meridian City Council December 5, 2017 Page 57 of 98 stakeholder group that you all directed us to put together after that first initial meeting on June 6th and, again, we talked about that a little bit last time. Staff does believe now that these code revisions are in the best interest of the city as they balance the needs of both the private and public sectors and protects the residential character of neighborhoods, while allowing home based businesses. So, throughout this process -- or at least since June 6th we have had a pretty core group of folks that have at least attended in person or have been notified via e-mail of status updates and an opportunity to collaborate on changes, particularly to the home occupation sections of this UDC amendment. So, I'm just going to quickly name them if you're okay with that. So, Eric Ritter, Jeff Todd, Mindy Lin, Ryan Cardoza, Eric Wallentine, Carolyn Smith, Kevin and Becky Preece, Shyrel and Norm Stoddard, Soren Dorius, Luke Cavener and Emily Kane, Lacy Ooi, who is here -- hopefully still here. Bill Parsons, Emily Kane, Robert Simison and myself participated in that small working group. And, again, I'm not here to represent that everybody was at all three of the meetings that we held in person, but there was several communications electronically as well. So, if you missed a meeting and tried to catch up in a summary and to let every -- everyone know what was going on. So, then, fast forward. So, we talked about this again on November 14th. There were three changes that have been made since that meeting and I think they are pretty minor, but I do want to run through them. Sorry. I'm going to move over here so I can actually run through them. In the packet that you have in front of you -- and the first one is -- and these were all sent to everybody, again, in that group that I just mentioned. The first one is on page five of your packet and I'm going to scroll there, but if you're following along on your computer -- we added -- under direct sales we added this footnote number three. So, everything else was there before, but we added the footnote number three and the note that goes along below it. What this says is we basically are treating direct sales like home occupations. In fact, they are a form of home occupation by definition. So, we wanted to clarify that you are subject to those specific use standards in 11-4-3-21 for direct sales. And, again, we can run through those if you want. In fact, we will look at that table here in just a minute. So, that is new since you saw this three weeks ago. But, again, it's been shared with everybody on that group in -- in that version. So, the second change, then, is on page seven, Table 11-2- D-2? So, this table was -- inadvertently got cropped for the last version. At P&Z it looked as it does now, but somehow in the transition from going to the Planning and Zoning Commission to you all it got cropped and one of the -- besides the home occupation stuff, one of the main reasons we were pursuing this code amendment was to allow -- I know it's not intuitive what this is, but food and beverage products processing minor really is your microbreweries or distilleries and your wineries downtown. OT. So, allowing them with -- again, with specific use standards. So, there is some things you have to comply with to do that, but we have had some interest from developers to do that in our downtown area and our code right now prohibits that. So, we wanted to add that. We thought that would be an appropriate use downtown -- in the downtown district. And, again, that table inadvertently got cropped. It only showed home occupation accessory use. So, we added, essentially, these three lines back in. But the only real new change is to food and beverage products processing minor. And, then, the third -- and if you want to talk about these anymore we can either jump back or feel free to interrupt, too. The third one is on page nine of the staff report and you, Meridian City Council December 5, 2017 Page 58 of 98 actually, can't see this one, but -- and she just left the room, but it's one that Council Woman Milam brought up last time about pet boarding. So, we had -- before we had -- as a prohibited home occupation -- I believe is number six even. We had pet boarding listed here and we met together, as we mentioned during that meeting on the 14th. Lacy was there. Myself. Emily Kane. I didn't take -- can't remember who else was there. It was primarily just city staff though. Long story short, the code enforcement was not overly concerned. It was brought up there is one pet boarding business in the county that is an issue for them, but not necessarily for city code enforcement at this time and they have -- so, they are okay with removing it. Plus they have other animal control codes and other codes, like harboring codes, that if there is violation they could point to other sections of city code that you may be in violation of that wouldn't necessarily fall under home occupation so -- but you reserve the right to -- if it becomes an epidemic of this, to maybe revisit that with you all, maybe add it back in if, again, we -- if they are problematic in neighborhoods and people aren't being good stewards and good neighbors. And, then, just the last thing. So, those are the changes. The last thing that I just want to call to your attention again -- and we talked about it real quick, but this tiered approach. So, if you look at process for -- currently for how we treat family daycares and we require the neighborhood meetings and the neighborhood notice and we treat them kind of as a hybrid -- there is not a public hearing required, but we do send notice and they are appealable applications. That's how we are proposing to treat home occupations that have -- provide lessons or instructions to groups of seven or more students, like a day care, seven or more kids, same process. Seven or more students or providing other instruction, you need this level of an application. Most of the issues we get around home based businesses are when it's a bunch of people converging on a single residence at the same time. Seven or more. More than six. So, that just made some sense and that's kind of where we landed on the tier. So, if you're -- if you're this level and you don't have -- you have six or fewer of these, you would get the staff level, over-the-counter type of a permit, and the reason I bring this up is right now this doesn't exist, so we need to add it to both our fee schedule and we need to create a checklist and an application for it. So, once I get the go from you, if this is all good, Bill Parsons is ready to go and do that, but we got to bring the fee schedule back to you. Now, just talking with him, the -- it's probably only about an hour of work; right? It's kind of an over-the-counter type of a permit. We usually do a preapplication and talk with people, but we envision about an hour's worth of work to do these -- to process these and issue them a permit. That is about 53 dollars today, you know, to do that process. So, what I propose -- and we can talk about this more when we come back with the amended fee schedule, that's the cheapest fee we have in our fee schedule and, again, the least amount of time that we charge. But I just want to let you know those two elements are -- if you want the cart before the horse and have a fee for something that didn't exist, we wanted to make sure you were all on the page -- on the same page with us and on these changes. But we will be bringing that and working with Cortni Klucken and Rita in Finance to update the consolidated fee schedule here in the near future, assuming you're good here. So, just one final note. We did -- since the November 14th meeting, there are four additional pieces of written testimony that have been received, at least as of 4:30. So, maybe something else came in in the last few hours, but when I checked earlier this afternoon all of those four were in support of the Meridian City Council December 5, 2017 Page 59 of 98 changes and all were from either Scentsy employees or consultants. Ryan McFarland, Kenneth Sansoucie, Cheryl Hunley and Cindy Lee and they weren't -- a lot of them weren't -- aren't here from our working group, but I do just on the record want to thank them again for -- from the consultant work. Staff didn't really have a choice, they had to participate, but them dedicating their time and taking the time out get it to this point. So, with that, Madam Mayor, I would stand for any questions. De Weerd: Thank you, Caleb. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and Caleb, forgive my ignorance. For example, on the lessons or instruction of group of seven -- or more students, first question -- how much did you say that it would cost to file that application? Hood: Madam Mayor, Councilman, I did not say. That is a 160 dollar application. Palmer: Follow up. Do we -- prior to this, if someone were to teach piano lessons to a group of seven or more, do we currently regulate that or require any type of permit to do that? Hood: So, it's been so long since I recall it even, but you can read it through here what is allowed and not allowed. So, the existing black is what we currently have on the books. So, the old A -- it's not prohibited there. So, sorry, we are just going to kind of run this together, because I don't -- I got to look it up. The storing of goods. Storing of goods. Pick-ups. You can't have more than one nonresident employee on a headquarters of retail sales and off street parking. And it just says all visited by clients, customers, and/or employees shall be between the hours of 8:00 and 8:00. Now, we do have -- what you don't have here is we do have another level of application that is if you have customers or clients as sort of a hybrid in those tiers where if you have customers or clients -- well, actually, I can -- sorry. I can show you on this one. See we are striking through this level right here with customers, clients, and/or employees, we are striking through to create this third one, which is, essentially, similar to this one right -- so, we have two levels right now. With customers and clients or without. And you can see what we stuck through; right? Those are the two levels now. Instead of customers or clients, we are saying groups of seven or more. So, in answer to your question, yes, if you -- you can do it, but it's with that higher level of permit. It's that end level permit. The same 160 dollar fee. So, really, there is no -- no difference in that aspect. Is that -- we call them clients. Now we are clarifying it's students or in giving instruction. De Weerd: And that's only when there is seven or more. Hood: This -- so -- I'm sorry, Madam Mayor, but just to clarify. This is right now currently -- this is with any customers or clients. So, we have them signed a form right Meridian City Council December 5, 2017 Page 60 of 98 now saying I do not have -- I am a home based business that does it all by mail. No one -- I don't have a home office. No one comes to visit me for my business. If you do we scrutinize you to that next level and require you to meet with your neighbors within a hundred feet -- it's not three hundred even, but it's a hundred feet, to ask them do you - - if they -- do you have any concerns with that business operating there. So, today -- again back to your question -- we require if you have any -- the first customer or client to get that 160 dollar level fee. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: Thank you. Is the word occupation defined -- so, I guess for the context for the question, my four year olds -- and several other families in the neighborhood participate in kind of a co-op preschool where they -- there is no -- no one is getting paid, but they have -- I don't know how many go, but I have got two as part of it and so I imagine there is quite a few -- to someone's home for instruction, but there is nobody getting paid, it's just kind of -- they take turns, but there is -- and I imagine larger than seven people converging on a home. Hood: So, we can tackle this a couple ways, Madam Mayor, Councilman Palmer. I can look it up and read a few. I don't think we could find occupation, but certainly the intent here is the need to be of -- some exchange of goods or services or monetary exchange to qualify for it being an occupation. I mean that's the intent. We aren't proposing to change necessarily any of that I don't believe. So, no, something like you're talking about would not be a -- a home occupation. Palmer: Be no different than if someone were to -- Hood: Here is the definition -- De Weerd: Well -- and is the difference do you get paid or is it a business. Palmer: It's neither. I guess I'm -- the point of my question is I just want to make sure that we are covering it and making sure that we are not regulating gatherings, just that that it's -- we are covering the -- it's only in the case of a business, which saying it out loud makes me go wait a minute, but -- Hood: Madam Mayor -- De Weerd: I get what you're saying. Caleb. Hood: I don't know if this adds clarity or adds more confusion, but you may turn into another type of a land use, though, depending on what you're doing. If you have curriculum and you're providing instruction, you may or may not meet the definition of a private school; right? I mean so you wouldn't be a home occupation -- you wouldn't Meridian City Council December 5, 2017 Page 61 of 98 meet our definition of a home occupation for what you're describing, but if it got to be of a certain size, you may be, you know, a daycare, you know, you may meet that definition, or you may meet the definition, again, of a private education institution or something else, depending on what you're -- what you're doing and when and how many people, so -- De Weerd: We will send code enforcement out tomorrow to -- Hood: Code enforcement is here, so if you want to run -- we can -- Ooi: I have closed down to co-ops because they have qualified as schools and they had had about 15 people and that's because of state govern regulations that they can't hold the school. So, it matters about the curriculum and what age the group of kids are. De Weerd: And how many? Palmer: Well, that's horrifying. Ooi: And how many. But the state governs anything under six, so that's the reason the number seven was chosen. So, state licensing doesn't come in until after the number six. Palmer: Madam Mayor -- De Weerd: So, she's saying she's just enforcing state code. Ooi: We mimic state code for our numbers, so that we didn't conflict against the state. Palmer: Holy cow. Milam: Guys get shut down. Palmer: Madam Mayor, my kids stay at my house all the time, they never -- De Weerd: I would imagine the difference is -- is it's not every day, it's not set hours, it's not a set place. It sounds like it -- it alternates place to place, it's -- so I don't think it's the same as what she's talking about. Palmer: That's why I'm different. De Weerd: From what you sound like, so -- only you will know. Any other questions? Hood: Madam Mayor? De Weerd: Yes, Caleb. Meridian City Council December 5, 2017 Page 62 of 98 Hood: Just sort of along this -- this was a tough topic. I mean it was -- again, we think we have a good balance of reserving residential character, but there are gray areas and I think -- you know, I imagine we will be back in the next -- you know, society changes and things are going -- you know, I don't know where that line is, but we think this for right now for Meridian -- we think it's pretty good guidance for both the public and people who are wanting to operate some business out of their home, but realizing that you're in a residential neighborhood and you shouldn't be operating a retail storefront necessarily out of your home, you know, so we try to clarify that and -- yeah, there is going to be some gray areas and some people that push -- push the lines or blur the lines a little bit and -- yeah, we couldn't think of all cases, but we think this is a pretty good amendment, but I'm not here to say we might not be back again to talk about it some more. De Weerd: This is a public hearing. Council, any other questions for staff at this time? Okay. This is a public hearing. Mr. Clerk. Coles: Thank you, Madam Mayor. We had one sign up, Carolyn Smith in favor, but not wanting to testify. De Weerd: This is a public hearing. Is there anyone who wishes to testify on this? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing no one else is itching to testify, I move we close the public hearing on H-2017-0044. Milam: Second. De Weerd: I have a motion and a second to close public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Little Roberts: A comment first if I may. I just want to echo Caleb's comments and specifically thank Caleb for herding a group of industry professionals, home based business professionals, City Council Members, staff. It was a challenge I think to get a lot of the stakeholders -- meaningful stakeholders to the table in response to the feedback we heard from the community, but I thought Caleb did a great job. From the -- looking at it as a citizen standpoint, it was a fascinating experiment in things that I Meridian City Council December 5, 2017 Page 63 of 98 didn't think were even issues suddenly bubbling up and from having those stakeholders at the table to provide that feedback I thought was exceptional and so thanks, Caleb, for doing that and the work with legal staff and development services staff, I just thought it was -- to me as a citizen it was great to see the city engaging on a number of different issues that impact our citizens from a wide variety of different levels. So, with that I would move that we approved the UDC text amendment, H-2017-0044. Milam: Second. De Weerd: I have a motion and second. Any discussion? Hearing none, 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. De Weerd: Thank you. Congratulations. I -- I appreciate the thoughtful approach you had and, yeah, we went back in the work group, as Mr. Cavener said, it was productive. It sounds like good discussion and in the end you came up with a product that everyone could get behind. So, thank you. I appreciate that. D. Public Hearing for Swindell Subdivision (H-2017-0145) by Volante Investments, LLLP is located off the northwest corner of S. Locust Grove Road and E. Overland Road 1. Request: Modification to the development agreement (Inst. #2016- 045074) to include a conceptual development plan and building elevations De Weerd: Okay. Item 9-D is a public hearing for H-2017-0145. I will opened the public hearing with staff comments. Beach: Madam Mayor, Members of the Council, this is an application for a development agreement modification. This site consists of approximately 20 acres of land, which is zoned C-C, located off the northwest corner of South Locust Grove Road and East Overland Road. The Comprehensive Plan future land use map designation is mixed use community. The property in 2015 -- this property in 2015 -- with a requirement of a DA -- the DA did not include a conceptual development plan and was required to be amended to include one prior to any development occurring on the site. Being elevations were also required to be submitted that are consistent in design and incorporate some of the same design elements and construction materials to unify the development in accord with the Comprehensive Plan for mixed use designated areas. Further, they should reflect design elements suited for commercial, rather than industrial developments. I will show you -- this is the proposed conceptual development plan Meridian City Council December 5, 2017 Page 64 of 98 proposed to be included with the development agreement, as well as some conceptual building elevations in here. So, the request is to amend the development agreement to include the conceptual development plans and update the building elevations for the site as required by the original development agreement. So, the proposed concept plan depicts two locations where the access is and drive aisles in accord with the UDC. Structure and site design standards, staff recommends additional provisions are added to the DA to assure compliance with parking and building layout on the site. The applicant has submitted different building elevations than were originally submitted with the application. These elevations incorporate more of the same design elements and construction materials, unify the development as required. Final design is required to comply with the standards in the architectural standards manual. Written testimony was received by Brad Miller of Van Auker Companies, the applicant's representative. That was his response to the staff report. I will say that staff did add provision number 5.1. The applicant -- excuse me. The applicant objects to provision number five, acquiring the cross-access between all of the lots for interconnectivity and their argument is because all lots are accessed via a local street and staff is agreeable to removing that provision as it's not required if it's on a local street. With that I will stand for any questions you may have. Bird: Thank you. Council, any questions for staff at this time? If not, Mr. Miller, you want to come up? Nice to see you. Miller: Nice to see you, Councilman Bird. Councilman Bird, Members of the Council, my name is Brad Miller with Van Auker Companies. 3084 East Lanark in Meridian. I thank you for your time in hearing this and thank you for your service as well and congress -- congressman. Councilman Bird -- Bird: No, I don't want to be that. Miller: I hate to see you go, because you have been a great asset to the city and I really appreciate all that you have done. Bird: Thank you, Brad. Miller: So, one point of clarification on this subdivision is -- is Ms. Sonya calls it Swindle Subdivision. It's called Swindell Subdivision, which is a tribute to the people who we bought it from, the Swindell family, and it's just a small subdivision around the Maverik on the corner of Locust Grove and Overland. When we originally did the application and development agreement we did not have elevations and the conceptual site plan, so we have added that. We would like to ask for your approval. It doesn't make sense to have the vehicular interconnectivity there. I told Sonya that we would try to do it on the north portion where we have the larger lots, but on the south portion around the Maverik it just doesn't make any sense. So, I respectfully ask for your approval on this tonight and would stand for any questions. Bird: Any questions for Mr. Miller? Meridian City Council December 5, 2017 Page 65 of 98 Cavener: Mr. President? Bird: Mr. Cavener. Little Roberts: Brad, can -- can you walk me through why it doesn't make sense to have the interconnectivity? Miller: If you will pull up the site plan I will sure show you. Or the conceptual site plan. Yeah. So right there. So, you look at -- you have got the Maverik on the corner there -- Cavener: Uh-huh. Miller: -- and -- and there is no way to get from the Maverik to -- and I don't know what lot that is right there directly to the north, but there is no way to get to the Maverik -- from the Maverik to either of those lots. Plus we wouldn't -- one of the -- one of the suggestions of staff -- staff originally was that we would have interconnectivity with the Maverik and we successfully presented to staff and Council that that wouldn't make sense, because people coming and going from a convenience store, you don't necessarily want driving through your office building, parking lot, because it is excessive traffic and -- and can be a little bit busy. But if you look at those four lots right around the Maverik, I mean it just doesn't make any sense to have any interconnectivity there. I don't know how you would do it. And also I don't know why it would make sense. Yeah, you could put it right there, but the ACHD did not -- did not make it a requirement. Interconnectivity is a requirement if you're on an arterial. This is a collector and it's not going to be a busy road. So, I don't think it makes -- is any issue with pulling out of one driveway and into another if someone has to do that. De Weerd: Any other questions? Borton: Mr. President? Bird: Mr. Borton. Borton: Just one briefly, Brad. Is that a -- just a concrete curb that separates the lot -- would that be cross-access? Miller: Mr. President, Council Person Borton, that would be a landscape -- we would propose a landscape strip. I mean the code would require us to landscape between the -- on the property line between the buildings. But you can see on the north there -- I mean there is more room there and it probably would make sense to have interconnectivity there. Bird: Any other questions? Thanks, Brad. Miller: Thank you very much. I appreciate your time. Meridian City Council December 5, 2017 Page 66 of 98 Bird: Mr. Clerk. Coles: Thank you, Mr. President. On the public hearing sign-in sheet there were two. Kevin and June Gates signed up as neutral with no indication of testimony. And that was all for the sign-ups. De Weerd: Okay. This is the public hearing. Is there any member of the public who wishes to testify? Council, any questions for staff or further questions for the applicant? Seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we are done I guess with the public and the applicant don't want to talk anymore, I move that we close the public hearing for H-2017-0145. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0145 and eliminate the DA provision number 5-E -- is that right? Recommended by staff. Milam: Second. De Weerd: I have a motion and a second to approve the modification. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The reason -- was it 5.1E? Bird: Yeah. Or whatever it is. I don't have my glasses on. Borton: E-I. E-I, so -- Meridian City Council December 5, 2017 Page 67 of 98 De Weerd: EIEIO. Okay. Any further discussion or clarification? Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. E. Public Hearing for Rapid Creek Subdivision (H-2017-0117) by WH Pacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Road 1. Request: Annexation and zoning of 23.02 acres of land with an R-8 zoning district; 2. Request: Preliminary plat consisting of 93 building lots and 11 common lots on 21.02 acres of land in a proposed R-8 zoning district De Weerd: Thank you. Item 9-E is a public hearing for H-2017-0117. I will open up this public hearing with staff comments. Beach: Madam Mayor, Members of the Council, this is an application, as you said, for Rapid Creek Subdivision. It is both annexation and zoning and for a preliminary plat. The site consists of approximately 21.02 acres of land, which is currently zoned RUT, located at 4435, 4323 and 4145 North Black Cat Road. As this is proposed to be annexed there is no current city history with this property. The Comprehensive Plan future land use map designation is medium density residential. The applicant has applied for annexation of it, it's at 21.02 acres of land from RUT to the R-8 zoning district and for development of 93 new single family residential detached homes. As I said, the plat consists of 93 residential building lots and 11 common lots in the R-8 zoning district. Lots range in size from 4,060 square feet to 9,981 square feet, with an average lot size of 5,692. The gross density for the subdivision is 4.42 units per acre, which is consistent with the medium density residential designation. The property is proposed to develop in two phases as shown on the subdivision plat, which I will show you here. The dark line through the center here would be the phasing. Access is proposed for the site via the extension of an existing stub street, North Brookstone Avenue, at the north boundary of the site from the Oak Creek Subdivision and from the proposed connection to North Black Cat Road and a minimum of 2.10 acres of qualified open space is required to be provided for code. The applicant is proposing 2.98 acres or approximately 14.2 percent qualified open space. A minimum of two qualified site amenities are required. The applicant is proposing to provide a tot lot and the half-court basketball court and a section of the city's regional pathway. Staff is supportive of the proposed amenities. Staff recommends the pathway be extended north along North Black Cat Road to the intersection of West Belltower Drive and North Black Cat Road in Meridian City Council December 5, 2017 Page 68 of 98 order to accommodate a better crossing to the east side of North Black Cat Road. Discussions at the Planning and Zoning Commission -- I believe they recommended approval without that connection, but staff's recommendation was that it -- the pathway be constructed and that a better crossing would be at the intersection there. Five Mile Creek runs along the southern boundary of the site. The UDC requires natural waterways, like the Five Mile Creek, to be left open as natural amenities. The applicant is requesting that the File Mile Creek be left open in the -- improve with the adjacent landscaping and that pathway. The applicant has submitted ten conceptual building elevations. This is the landscape plan with the pathway shown along the creek on the south side. The conceptual building elevations for future homes in the development, building materials appear to be a mix of horizontal and vertical lap and shake siding, with stone or brick accents and asphalt shingles. The condition, as I said, is to recommend approval. Summary of the Commission public hearing. Jane Suggs, the applicant's representative, was in favor, as well as Linda Harger. In opposition were Carolyn Taylor, Jim Reed, Laura Longshaw, Matthew -- I believe Crispin is the last name. Again, were the same folks that commented, as well as John Tessin. Written testimony was received by Bev Tessin and James Reed. I was the staff that presented the application. Additional testimony from staff was from Bill Parsons. Key issues of public testimony were concerns about losing the wildlife that utilize the property. Concerns about construction traffic through existing neighborhoods. Concerns about the amount of open space being proposed for the development and that it will not be sufficient for those residents. Concerns regarding the proposed change in elevation for the property and how that will impact the adjacent lots. Issues of discussion by the commission were whether or not the subject property contains, quote, unquote, wetlands and what impact that design -- that designation would have on the proposed subdivision. The Commission changes to staff recommendation. There were none. There are no outstanding issues for City Council. We did receive, as I said, additional testimony from James Reed since the Planning and Zoning Commission. With that I will stand for any questions you have on that application. De Weerd: Thank you, Josh. Council, any questions for the -- for staff at this time? Bird: I have none, Madam Mayor. De Weerd: Okay. Good evening. If you will state your name and address for the record. Suggs: Good evening, Mayor and Council. My name is Jane Suggs. I work at W.H. Pacific, 2141 Airport Way in Boise and I'm here representing the Rapid Creek Subdivision and the current owners of the property Ms. Linda Harger and Viper Investments. As usual Josh has done a really good job. He's gone over the highlights of the project -- project. I'm going to give you a little quick overview, too, and it's late, so bear with me if I yawn in the middle of this. I will answer any questions. We brought some key members of our development team with us. David Bailey with Bailey Engineering was our project engineer. David Kordiyak is with The Wetlands Group, because of the potential wetlands on the property, and they are here to answer Meridian City Council December 5, 2017 Page 69 of 98 questions. Shawn Brownlee is representing the developer and Ms. Linda Hager is also here to provide some testimony after our presentation. Josh, like I said, gave you specifics of the property. Here is Rapid Creek. This is a much more attractive rendering of the landscape plan. The property is located just south of the Oak Creek property. In fact, you just approved tonight two final plats for Oaks South, which is to the west of us. So, they are our neighbors. Thank you for that. we are across the street also from the City of Meridian North Black Cat lift station. As Josh explained and as our staff report shows, we are requesting annexation and zoning and we meet the Comprehensive Plan for medium density. That's an R-8 zone with three to eight dwelling units per acre. Our project is 93 dwelling units on 21.02 acres or 4.4 dwelling units per acre. So, right in the lower end of that. We have designed the subdivision to provide single family homes. They are standard single family homes. But we also have this nice cluster you will see in the middle of 23 rear-loaded lots. So, these are detached single family homes, but they will front on this open space to the south and to the north. We have an extra wide kind of yard there along our northern street. These homes front on the open space and as he explained we also have the amenities of what we are now finding out is a half basketball court, which is kind of a favorite amenity these days, and tot lot. We have plenty of open space, over three acres of open space, with the usable open space coming on at 14 percent of the property -- of the project. Amenities. We talked about that. The lawn -- large lawn area. We are continuing the regional pathway that runs along Five Mile Creek along our southern border. We have reviewed all the conditions of approval and we agree with all of them. So, we are building to your unified development code. We meeting your Comprehensive Plan. We agree with all the conditions of approval. There was some concern in our process about potential wetlands on the property. If you might know this property, this was an area Ms. Harger had a kennel and she trained dog, so she dug out a pond on her property, fed it with irrigation water. The pond has been drained and the irrigation water for the pond has been turned off. We have been monitoring the water depths now for several months on the property and since the irrigation water is turned off the groundwater depths have dropped significantly. So, where the groundwater was really close to the surface, it's now two to three feet deep. You might not know this, because you probably dealt with this on even some city projects, but have to have three things present for wetlands to exist. That's the water, hydric soils, and the wetlands plants. The site has been evaluated by a wetlands consultant, that's Mr. Kordiyak, and he has actually delineated what could be potential wetlands. That doesn't mean they are. It means there could be potential ones, because maybe there are wetlands plants. To see if these indicators are there, as you know the Corps of Engineers actually has the jurisdiction over wetlands so they will determine if there are any wetlands on the property. However, we don't have their decision yet, but we do know that if there are any wetlands on the property we will mitigate for them in a wetlands bank. According to the wetlands mitigation report that we have -- that was prepared by our consultant and given to the staff and also forwarded to the P&Z, P&Z became very comfortable with the work that was being done by the wetlands consultant. The minimal amount of potential wetlands on the property -- and knowing that the wetlands bank is the best place to mitigate for wetlands, it doesn't make sense to -- to mitigate for a quarter acre of wetlands in the middle of a subdivision, so -- and that's how the wetland banks work. Meridian City Council December 5, 2017 Page 70 of 98 So, we are committed and we have written to the city, went to the staff, a letter that's in your package. The developer has committed that there will be no changes to this plan, whether they are wetlands are not, because their forester hasn't made any determination that they actually are, because the Corps of Engineers has not rendered that decision, but we are committed that this plan will not change. So, I think that was one of the things that wanted -- that the P&Z really wanted to hear is that there was a commitment that the plan would not change. They didn't want to see this again. So, they voted unanimously to approve recommendation to you to approve the project and I will respectfully ask for your approval of our annexation, rezone, and preliminary plat for Rapid Creek Subdivision. So, stand for questions. And my other cohorts could answer questions if they are more technical. De Weerd: Okay. Council, any questions at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jane, when do you anticipate hearing from the Corps? Suggs: Their workload is crazy busy right now because of all the development that's happening all over, so it could be a few months before we hear. It's not something that's right around the corner, so that's why we are continuing forward and with the commitment that based on the wetlands report that was in your -- should have been in your package, there is such a minor amount that could possibly even be considered wetlands that we were very confident that should those wetlands be established as -- considered as wetlands by the Corps we can mitigate offsite. De Weerd: Any follow up? Okay. Thank you. Suggs: Thank you. Coles Signed up this evening for public hearing Carolyn Taylor is signed up against, wishing to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Taylor: Caroline Taylor. 4923 West Torana Street. De Weerd: Thank you. Taylor: And I just had a couple of concerns. We would like a little bit more usable open space, if that would be possible, and we are also concerned about the extreme density of the townhouses in the center. We feel that it's going to be a lot of families in a very small space and if I was going to buy a home in the neighborhood, we definitely would Meridian City Council December 5, 2017 Page 71 of 98 want a little more open space for dogs and for children. That's all I have to say. Thank you. De Weerd: Thank you, Carolyn. Coles: Virgil Ivy signed up against, wishing to testify. De Weerd: Thank you for sticking with us. If you will, please, state your name and address for the record. Ivy: Madam Mayor, Council Members -- De Weerd: Can you pull the mic over a little closer. Ivy: Madam Mayor, Council Members, my name is Virgil Ivy. I live at 4364 North Elisha Avenue in the Oaks Subdivision, which is adjacent to this proposed development and my understanding is it has not -- the development has not had the final approval yet; is that correct? De Weerd: That's correct. Ivy: And they were talking about draining the pond. I have some recent photographs. Is it permissible to hand one of these to each member? De Weerd: If you would like to hand it to staff we can put it up on a projector. Thank you. We will get that up on the screen, so even those in the audience can see it as well. Ivy: At the last public hearing that I attended sometime in October, there were two issues -- two different issues and concerns. One was concern about the water table, the drainage, and the necessary fill dirt to fill up the existing pond. Another concern was for the property owner who owns the property, who has a legal right to sell the property, I would like to offer a suggestion that possibly could resolve both of these issues. What if the city -- or the city-county were to purchase the property and convert it into a wildlife park. The owner would get the sale of the property and the issue with the water table and drainage would be resolved. Possibly there could be a change or a revision in the proposed development. How about the city or the city-county partnering with the developer and having them build around the periphery and leaving the pond intact. That would be an option. There are numerous commercial and residential development for miles around in every direction. Urban sprawl is devouring much of the existing land seemingly without regard to open space. Traffic conditions are worsening. The infrastructure in Meridian is struggling to keep up, yet the city continues to allow for new developments at every opportunity and it's beginning to feel like we are packed in like sardines. What if -- what are the negative consequences of this? Studies by behavioral psychologists have shown that overcrowding leads to aggressive behavior, stress, and has a negative impact on the health of people. Shouldn't there be a balance between residential, commercial developments and public open space, including space that we Meridian City Council December 5, 2017 Page 72 of 98 preserve for wildlife habitat? The Planning and Zoning Commission has a perfect opportunity to consider these 21 acres as a place for a wildlife park, particularly since the site already has a pond. It is the duty of the Commission to act for the benefit of all the citizens. There are many species of wildlife that call this pond and the surrounding land their home. I am particularly fond of the ducks. They deserve someone who will speak up for them. They do not have a voice in this matter. So, I want to be the voice for the ducks. Humans continue to take over and develop the land, forcing wildlife out of their habitat and even, then, with fewer resources. We share this earth with so many amazing species of wildlife and we need to have more consideration for them and preserve and protect their habitat. I live in the Oak Creek Subdivision and one of the best parts of being a resident, at least for me, is seeing the ducks and hearing their joyful clacking. If you haven't been to the pond I urge you to take a moment, drive out there in the evening or on a weekend and watch the ducks as they engage and play -- playful behavior on the pond. You will surely hear their exuberant clacking. It is a refreshing and enchanting sound. I would be willing to make a personal financial contribution to help develop the wildlife park if that's possible and in some way maybe we could consider -- or the Council consider a -- some way to support a levy designated to develop open spaces and development the open spaces among all of the commercial and residential development that is going up in the valley -- De Weerd: Mr. Ivy, could you, please, summarize. Ivy: Please consider this and don't let this golden opportunity for Meridian slip away. Let's hold onto this beautiful space and pond and preserve the habitat for the abundant species that live there. Thank you. Palmer: Madam Mayor? Ivy: And if anybody wants a copy of the photograph -- De Weerd: Thank you, Mr. Ivy. You have a question, Mr. Palmer? Palmer: What was your address again? Ivy: 4364 North Elisha Avenue. Palmer: Okay. Ivy: I'm on the west side adjacent to the development -- proposed development. Palmer: Madam Mayor? It's a -- is your subdivision brand new? Ivy: Yes. Palmer: Okay. Thanks. Meridian City Council December 5, 2017 Page 73 of 98 De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, your subdivision is -- De Weerd: Mr. Ivy, right here. Bird: Your subdivision is -- De Weerd: I do that all the time. Bird: -- is new; right? Ivy: Yes. Bird: How long have you lived here? Ivy: I have lived there since July. Bird: Since July. Ivy: Uh-huh. Bird: So, you have seen -- the pond has been there. Ivy: Yes. Bird: But I can tell you I don't know exactly when, but I know when Dave McGinnis had it out there with the pointers and stuff it was just nothing but a field. That is a manmade pond. That isn't -- water table in Meridian is notably high. It is going down because as we get rid of the flood irrigation and the less farming, but that pond is no way, shape or form a natural pond that's been out there. That used to be just a field where they train pointers. Ivy: I understand that. That's correct. But there is a lot of wildlife there now. If you -- I guess if it -- there it is. And they claim they have drained it, but there is still a lot of water there and there is a lot of habit -- ducks, wildlife habitat there all the time. There is also a horse and several cattle. I don't know if anyone knows, but I'm just saying that, you know, there is a lot of development around and I hope the City Council will consider some open spaces along with the commercial and residential development and this would be a perfect opportunity, because the pond is already there. I know it isn't natural, but it's there. Meridian City Council December 5, 2017 Page 74 of 98 De Weerd: Thank you, Mr. Ivy. Ivy: Thank you. Coles: Fred DeBolt signed up in favor, not wishing to testify. John Tessin signed up against, wanting to testify. De Weerd: Thank you for being here. If you will, please, state your name and address for the record. Tessin: Certainly. My name is John Tessin. I live at 4342 North Elisha Avenue. Actually, I'm Virgil's neighbor. A couple of things. I want to start out, first of all -- and the invocation was very well put -- requesting wisdom from everybody here. These are difficult tasks and based on the growth of Meridian I can say you have done a very good job up to this point, so you have done a great job and I'm asking for wisdom now, because this is a point, just like we have heard the road problems earlier on, you can't -- it's hard to go back. This is the time we have to have forward vision. So, I want to come up with a couple of things I want to talk about. Number one, the unanimous Planning and Zoning Commission included three missing people on that commission and that should be noted that there is actually three people that were missing at the time of the final vote, which was the third meeting on this -- on this issue. The first one had a very nice sign set up saying this is the date for the Planning and Zoning Commission meeting. The two follow-up meetings did not have that -- that word change and it was very poorly attended by the citizens. Anyway, there is a lot of talk about the communications of meetings and this was a swing and a miss in my opinion. But moving on, for the record I want to make sure that the City Council understands that this would be the lake, even though it was man made, was artificial, was drained and the testing of the water level was done after the draining of the pond, which it really hasn't gone down as many feet as you think. The groundwater had been seeping into the pond and, then, drained into the irrigation canal and that leads me into my final point that I want to talk about and that is my unofficial viewing. There is a lot of people from California moving into Meridian and the Boise area. It's a fact. I look at license plates and with the people from California comes the -- really comes the behavior of California also and I can tell you that California has a very strong construction defect litigation mentality. It's just a fact. I know people in the business. So, when defects occur in new construction, the liability period can be extended up to ten years and during that ten year process if the -- if the builder, the developer, decides that through economic downturn in the housing or financial markets they decide to bail out, I can tell you that the responsibility does fall into the taxpayers of the city, which is me and everybody else that's here, and I think that in making this look right you really have to look at this whole groundwater issue, it's very high, and I think from a future liability issue you need to look at this in order to protect the stockholders of the city. Thank you. De Weerd: Thank you. Tessin: Any questions? Meridian City Council December 5, 2017 Page 75 of 98 De Weerd: Any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Sir, given the -- it looks like you back up to the body of water? Tessin: Yes. Palmer: Have you had any groundwater issues with your home? Tessin: No. We are built considerably up over it. We are -- as a matter of fact, they had to bring in substantial amount of fill in order to get us off the flood plain. We are right at it right now. But my understanding is that they are changing the construction from a crawl space type construction into a flat slab, which means they are closer -- they are anticipating closer to the ground water than would allow a floor -- a crawlspace construction to allow. Palmer: Thanks. De Weerd: Okay. Thank you, sir. Tessin: You're welcome. Coles: Bev Tessin also signed up against, not wishing to testify. Glen Crispin signed up against, not wishing to testify. Linda Harger signed up in favor, wishing to testify. De Weerd: Good evening. If you will, please, state your name and address. Harger: Good evening. Linda Harger. 4435 North Black Cat Road. De Weerd: Thank you. Harger: I own ten of these acres that they are talking about. I moved here in 1985. I train and raise dogs. I knew Dave. I bought the property from his widow specifically to have an area that I could train my dogs. I built those ponds for dog training. I have kept them full of water. I have let migratory birds come through. They leave in the winter. They will be gone in another week. The water will be completely gone as soon as there is the first freeze and the ground opens up. This has been the way it's been since I built them. So, that's my story on the water. If the city wanted to buy it from me, fine, but I can't train dogs there. I haven't walked in my back pasture since July. I put the -- my friends' horses and cattle out there to keep the weeds down, because I can't go out there. I have no view anymore. I see nothing but houses. I can't train my dogs back out there. It has -- it's become useless to me. I need to sell. I need to move so that I Meridian City Council December 5, 2017 Page 76 of 98 can enjoy my life and continue to do what I want to do. I would appreciate it if you would let them buy the property from me. Thank you. De Weerd: Thank you. Harger: Do you have any questions? Bird: Madam Mayor? De Weerd: Yes. Mr. Bird. Bird: How deep -- how deep are your ponds? Harger: They were built at three and a half feet. Bird: Three and a half feet. Harger: There are some places that are now four, because -- and, then, actually there is some places that are now just two because of the silt. Bird: The silt come in. Harger: And they were built specifically for a dog level of swimming. De Weerd: Thank you. Coles: Curtis Ellis signed up in favor, not wishing to testify. And David Lebree signed up in favor, not wishing to testify. That concludes the sign-ups. De Weerd: Thank you. This is a public hearing. Is there anyone who hasn't testified? Yes, sir. B.Taylor: My name is -- my name is Bill Taylor and I live at 4923 Torana Street. De Weerd: Thank you. B.Taylor: My concern about this whole thing -- De Weerd: Sir, can I ask you to pull that mic up a little bit. Thank you. B.Taylor: Okay. My concern is the access to the subdivision. You only got one access on Black Cat. If you go north out of there through Oakstone, you got to make a minimum of four turns to get to either Black Cat or McMillan. So, they would be driving through the entire subdivision to get out on a main road and I think with that amount of housing I think there should be another access somewheres in there, because that's just one -- you know, one exit. Otherwise, they will be having to go through the Meridian City Council December 5, 2017 Page 77 of 98 subdivision and that's not a good thing. We have got a lot of kids that play in there and if you go up Oakstone, you go up and you hit a park and, then, you have got to go around the park to get to McMillan. So, that would be a concern. And, then, coming out on Black Cat is a school bus stop. So, that's the concern I have. De Weerd: Thank you. And thank you for your service. B.Taylor: Well, thank you very much. I appreciate that. And no questions? De Weerd: No. Thank you. B.Taylor: Thank you. De Weerd: Any further testimony? Okay. Jane. Suggs: Mayor and Council, again, Jane Suggs representing Rapid Creek Subdivision. I just want to address one by one each of the responses that -- each of the folks that talked about the project. I appreciate them coming out. As we talked and I have sent out some e-mails since our neighborhood meeting to our neighbors just to make sure that they know -- we did have a cancellation of a P&Z meeting and, then, we had two P&Z meetings. So, one P&Z meeting was just a deferral to the next and the requirements aren't to change the sign, because they happen pretty quickly after that. So, the notification is very minimal. If you have attended the P&Z meeting you know about that. Let's talk about Mrs. Taylor who said she was concerned about the density and we particularly put the more dense project -- part of the project in the middle. We didn't want to put it up against the pathway or against our neighbors, so we pretty much match our neighbors with the backyards, maybe a little bit off, but the denser project is in the center and I think that's what you like to see, you like to see that transition, so that you don't have the two story smaller homes against any larger properties. One of the things that's come up a couple of -- with a couple of -- we will be filling in this property and it will have to be filled quite a bit. The other properties around us were filled as they mentioned, because there is groundwater issues and just because we need to match what's out there, so we will gently slope from the north to the south, so we won't have a drop off at the creek -- at Five Mile Creek, but there will be probably three to four feet of fill along the north boundary, because right now there is like a railroad tie wall where they filled in and stopped, basically, and had to put a wall up to fill in the property just north of us. So, we would be doing that. And the footings that we use, the spread footings, are actually preferred. In fact, I think in the staff report there might even be a comment from our engineer -- from your engineer that said that they like the fact that they are using -- we are using spread footings, because that eliminates the issue of getting water in your crawl space. So, that is the preferred method of construction when you have high groundwater, which you know is prevalent in that area. I think Linda has kind of addressed the wildlife. Yeah, I mean anytime you have a body of water you're going to have wildlife occasionally, but probably not when the dogs are out, because they are not going to be there when the dogs are running after wildlife. So, again, I know communication has been a big deal and one of the things I like to say is I try to Meridian City Council December 5, 2017 Page 78 of 98 keep the neighbors who contacted me and also kind come to the neighborhood meeting, if they give me an e-mail address -- I don't call every one of them, but I do e- mail those that give me e-mails to let them know of what's going on. When we have made our application they get a copy of plans and plats, if they have done that. So, that's just one thing we try to continue to do is to keep the people who are adjacent to us involved and, as you pointed out, most of our neighbors are pretty new neighbors. Most of those have been out there only less than a year or maybe a couple of years. So, they are seeing the growth, they are seeing what happened to create their subdivision, they are seeing it happen just -- just south of them. I don't know if I have anything else to add. Oh. Accesses. We are accessing one access on Black Cat Road and we have the connection from the stub street on Oakstone. The city -- ACHD did not require a traffic study because of the number of units and said that that would be completely adequate, because we are fronting on an arterial and it would be really hard, actually, to get a couple of accesses on an arterial there. And as far as traffic goes, I think most of the traffic is actually going to come from people in -- north of us that are actually going to be coming through our subdivision to go south on Black Cat. So, more likely most people will be, because Oakstone has an access to the north and to the east, but I think if you want to go to the south you might go through the neighborhood a little bit to get there and that's fine, that's what the interconnection we do -- the connectivity does, it allows neighbors to connect with one another and sometimes, yeah, occasionally there is people that will go through your neighborhood to get there, but I think people using the Black Cat -- our construction will start at that location, too. Josh showed you a phase line, but the phase one is coming off of Black Cat. Phase two goes into the north and the west part of the site. So, I will answer any other questions you might have or something I missed from some of the testimony. De Weerd: Thank you, Jane. Any questions from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The rear loading houses in the middle -- Suggs: Yes. Milam: -- those are detached single house -- Suggs: Yes. Milam: -- they are not townhouses; correct? Suggs: Not townhouses. You're right. There was a mention that these were townhomes. No. They are detached homes. They are fairly narrow, but -- and you will notice, too, that we are not using an alley, we are using the ACHD minor urban local street, which gives the fire protection that's required whenever you're a little bit offset. Meridian City Council December 5, 2017 Page 79 of 98 Sort of like when we see these on the MEWS, when you have houses facing a MEWS in an alley, the fire guys want to have a little bit wider street there, so we are building those. Milam: Thank you. De Weerd: And is that a good radius as well for the garbage truck to -- Suggs: All of our radius check out. Yeah. They do. I will add something. In the ACHD -- we did get ACHD's staff report -- I think in the staff -- your staff report it said we didn't, but prior to our P&Z meeting we had an ACHD staff report and one of the things they want us to do on the north street is do a little bulb out for traffic calming. So, we were kind of surprised, because that's usually something your staff picks up, but ACHD picked up that they want us to do that. We -- we will do that prior to the final plats in that area and -- but we have already kind of passed that around with the staff to make sure that it's okay. We will just do at that Oakstone corner some bulb outs that kind of narrow the street a little bit, because we do have sort of a straight street there. Not very long, but long enough that they said they wanted something. De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jane, can you walk me through the plan for -- if needed, this off-site mitigation with the wetlands, what that looks like and how you do that? That's foreign to me, so I'm curious to learn more. Suggs: Well, I can tell you or I can ask our wetlands consultant to tell you my -- the layman's term is that -- if the Corps of Engineers finds that there is some wetlands on the property that need to be mitigated -- of course, I think without getting too complicated, I have worked on another site where there were wetlands, but they were so detached from any other wetlands that they said you don't need to mitigate. That was a project in Eagle a long time ago. But they -- if there are -- is need to mitigate there are ways to do it on site or off site. The Hyatt wetlands that are over there on Chinden as you go up Maple -- is that Maple Grove? Is a perfect place where you can actually purchase into the wetlands bank for expansion or to -- for improvements and that's how you do your mitigation off site. So, you don't have to go and find a piece of property yourself, there are actually properties out there that are already set up as banks and you -- they are not cheap, but you buy your way into those things. Again, when you're talking about a small piece of property, it doesn't make a whole lot of sense to say -- let's say in -- I don't know if the mouse works -- so, if we ended up with say a wetlands here, it wouldn't make sense to try to preserve some wetlands like in the middle of a subdivision, because it's just not really practical to do that or usable, but the -- the developer has made the commitment that any wetlands that have to be mitigated Meridian City Council December 5, 2017 Page 80 of 98 for, if they are found necessary, will be done in a wetland's bank and that's kind of a preferred way I think that the wetlands experts like it, so that they can put these wetlands in specific places where they have the most benefit to wildlife and to people, too, because that Hyatt place is a beautiful place to walk. Do you want a little more information from our wetlands consultant? Cavener: That would be great. Yes. De Weerd: And while he's coming up I mean that was a beautiful picture we saw, so I would be curious, too, on your open space, why it couldn't be integrated into the design there, so you can answer that. If you will, please, state your name and address. Kordiyak: My name is Dave Kordiyak. I'm a wetland's biologist with The Wetlands Group and we are at 100 South Star Road in Star, Idaho. I think the -- the best way to explain a wetland mitigation bank is we actually work together with the Corps of Engineers, the EPA, the DEQ, we get a team together and we present a site that we want to make into wetlands. These probably -- a lot of times they used to wetlands and, then, we procure that site and we make the wetlands ahead of time, so if you want to purchase a tenth of an acre for a wetland credit, they have been made, they are already mature and grown out and been passed through the court process. So, it kind of takes away from the problem of having to look at a little postage stamp here and there and see if they are making it and also like in our case we tried to concentrate on the Boise River and try to keep the flood plains in order and we got a couple areas down there. So, that's the wetland mitigation and it's growing wetlands ahead of time for the purpose of replacing impacts and it's also guided by the Corps and the EPA, so that they are in the proper areas and everybody is -- De Weerd: It sounds like a fun group. Mr. Cavener. Cavener: Madam Mayor, thank you. The applicant testified that maybe there is wetlands, we are not quite sure. You're the experts. So, I guess enlighten us. Is it? Is it not? When will we know? Kordiyak: So, I delineated the site and to have wetlands you have to have water, plants and soils and in this particular case you had an upland and they -- they, essentially, ran all their irrigation water through that site 24/7, you know, throughout the year. As soon as you shut that water off what happens is the water level -- what we saw in the beginning of the year, because they were running the dogs and they had that pond working, they had irrigation water and as soon as they shut it off it dropped a foot and a half and, then, the groundwater dropped up to two feet in places and that, basically, takes away the hydrology for most of the wetlands on the site. Now, there is some concern maybe there is a tenth of an acre, that's a little low, the Corps has to, you know, look at it, but that's how we come to that point. The water -- the water came from irrigation and it can be shut off and, then, there is no water, no hydrology. And there is groundwater in the area, but generally speaking to have a wetland -- wetland hydrology your water needs to be within a foot of the surface for fourteen days a year and even Meridian City Council December 5, 2017 Page 81 of 98 that, you know, you're stretching if you're going to get a wetland out of that. I mean if we could make wetlands with that it would be easy, but it takes a little more than that. Usually you have to have some flooding, especially in the valley you see a lot of these irrigation induced wetlands and it's -- it's a headache, but you have to go through it if -- if the farmer runs his irrigation in the field -- his corn field and wetlands start gathering there, if he shuts it off it just goes away and so they are -- they are -- basically they are called manmade wetlands and if you shut the water off the wetland goes away, so -- but the corps makes the final decision. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: These manmade wetlands and stuff, if -- if the water in circulation isn't enough, aren't they really horrible about being breeding grounds for mosquitoes and all that? Kordiyak: Yeah. Of course. Bird: I mean for an amenity -- an amenity inside of a subdivision you want a breeding ground for -- for all that? I mean a natural wetlands has got to have some flowing water. Kordiyak: Yeah. Bird: And like you said, when -- when they shut the ditch off it's -- it's -- it goes dry. Kordiyak: Right. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. We don't get wetlands folks here frequently, so -- so, is this a fair summary, that if a project like this has, through the Army Corps of investigation that you have talked about, it has some wetlands component of some amount, that your options are to keep it and maintain it or what it sounds like the path is here, scrape it, fill it, cover it, and wetlands are gone and in lieu of maintaining it you write a check, the proceeds of which fund some wetland system somewhere else? Kordiyak: Well, that's -- Borton: Is that too brief? Kordiyak: That's a little brief, but I would say if you have a well on a site you have to file a permit and you have to look at that wetland and say I'm going to mitigate for that and, Meridian City Council December 5, 2017 Page 82 of 98 then, you purchase from a wetland that we have or whoever else in the valley, where they are concentrated and they felt they need more wetland work and it's a positive place and, then, you move it or you can keep it in place, but -- Borton: Madam Mayor? So, I think we are saying -- I'm just curious. I think we are saying the same thing. Kordiyak: Yeah. Borton: When -- when this application -- it will write a check, which will be applied somewhere else, it won't own anything at the new location, it will just fund the additional development of an existing wetlands somewhere else. Kordiyak: Correct. There is a process set up. We own the property and take care of it and we -- we relieve them of that duty and that's -- you know, that money goes into our work and, then, also takes care of those wetlands into the future forever. Borton: Madam Mayor. When you say we, we meaning you? Kordiyak: The Wetlands Group. Borton: The group that you're affiliated with? Kordiyak: Yes. We have wetland stakes. Borton: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess that brings up the question -- are there other wetland banks in Meridian? Ms. Suggs referenced, you know, Maple Grove. It's kind of Garden City, Boise area. I'm just -- Kordiyak: No, there aren't. They really -- the service area the Corps of Engineers requires is that it would be in the Boise River watershed and this is included in that area. So, it's in the watershed. De Weerd: Okay. Any other questions from Council? This is a new one for us tonight. Kordiyak: If people have questions, they are always welcome to call our office and we can tell them what we know. De Weerd: Thank you. Because this is the -- the first for Mr. Bird after 20 years of hearing about a wetlands in Meridian, so -- Meridian City Council December 5, 2017 Page 83 of 98 Suggs: Can I add one thing? De Weerd: Uh-huh. Yes. Suggs: I'm -- I'm surprised, too, because I will guarantee you there have been developments in Meridian with wetlands and maybe they were not as transparent. No wetlands ever that you know about? Okay. Bird: Madam Mayor? We have had some with high groundwater. In fact, I can show you some that we have had some problems, but they haven't been considered wetlands. Suggs: Right. Right. Yeah. I was just before you not too long ago with the high groundwater over in the north area where we were putting the pavers because of that. So, yeah, this is something we are dealing with all along. But, again, this is -- it's a fairly complicated process, but the response is simple and it comes down to the developer committee to do whatever the Corps says and mitigating off site, so -- so -- and, actually, that whole process is not really something that the city deals with at all, you know, this is under the jurisdiction of the -- well, except for whether or not you're going to improve the project, but -- but it's under the jurisdiction of the Corps of Engineers. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jane, I do have one question. The subdivision just north of you, are they R-4 or R-8? Suggs: I think -- I don't know. I was thinking -- De Weerd: Probably a good question for Josh. Suggs: Yeah. I should know. I have it probably in my letter somewhere, but I don't know it right off the -- Bird: Well, you were mentioning that you -- Suggs: Yes. Bird: -- had made the -- the deal. It's what? Beach: It is zoned R-8 to the north. Bird: It's R-8, too? Dad gummit. Anyway. We -- my personal opinion we -- we need to look at going back to a few more R-4s like we used to be in the '90s. Meridian City Council December 5, 2017 Page 84 of 98 Suggs: Well, we are right next to that lift station -- Bird: I know. Suggs: -- and you know we want to use that thing, so -- Bird: And I thought that was an R-4. De Weerd: Oh, my gosh. Bird: Thank you, Jane, very much. Suggs: Thank you very much and I respectfully request your approval. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Real quick question for you in light of Councilman Bird's comments. The other projects where we have had high groundwater issues, do you know what -- what was perhaps missed there that you're addressing in your project to ensure that we are not going to have high groundwater problems? Suggs: Fill and type of construction of the homes. Borton: Okay. Suggs: Slab construction and the filling of the lots, which will raise the finished ground level, just like the properties above us did to raise the ground level above the groundwater. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The one I was referring to, Councilman Borton, is out -- and it wasn't actually where the buildings was built, it was out in their backyards and stuff it was because the 40 acres to the north was still being flood irrigated and so, consequently, their backyards was getting -- their houses wasn't getting it, but their backyards was getting filled up -- is the one I can remember. De Weerd: Yeah. I think you have that around Thousand Springs. Yeah. Anything further from Council? Okay. Meridian City Council December 5, 2017 Page 85 of 98 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we don't need anymore public hearing, I move we close public hearing H-2017-0117. Milam: Second. De Weerd: I have a motion and a second to close public hearing on Item 9-E. All those in favor say aye. Okay. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe just a procedural question for staff. For Josh. So, there is this kind of lingering response from the Army Corps of Engineers. I assume that we will have that answer before they are back with a final plat or -- Beach: That's a great question. So, we can look at the staff report. I believe the condition is that -- that we get that determined before a final plat can be submitted. We don't want to be in the position of continuing this without that being -- Cavener: Right. Beach: -- answered. And, then, the main thing from the Planning and Zoning Commissioners, the reason why that was continued twice is because they were wanting to -- to get that information before it got to Council and you heard from the applicant that it might be a while before they know what that impact will be, so -- Cavener: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't know if this is -- probably doesn't -- I don't know if it makes a difference, but on the agenda this is listed as 23.02 acres and it's 21.02 acres everywhere else. De Weerd: Anyone want to answer that? Hood: I can speculate a little bit, Madam Mayor. Meridian City Council December 5, 2017 Page 86 of 98 Beach: While I look. Hood: While Josh looks to just verify that it's not -- not a typo -- or just happens to be. From time to time what may happen is the legal description for annexation and zoning -- we require them to go to the center line of the roadway. So, Black Cat. The preliminary plat, though, is right of way that ACHD already has. The boundary of their plat will come back some 25 to 48 feet. So, if it just happens to be approximately two acres of right of way existing on Black Cat, your plat may not match your annexation. So, I don't know that that's the case here, but you can have those discrepancies in any project, so - - Milam: So, on the summary it says 21.02. Hood: Correct. Milam: Annexation and zoning. But on the agenda it says -- De Weerd: I think Josh has an answer. Milam: Okay. Beach: So, the project description that we write when the application comes in lists the annexation and zoning of 23.02 acres to R-8, but the plat, as Caleb indicated, is 21.02. So, there is two separate -- the annexation at 23 and the preliminary plat of 21 and change. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Council Member Milam, they are both -- so -- yeah. The 23 and the 21 are both on the agenda. Annexation of 23 with the plat -- De Weerd: And her question is why are they different? Milam: Well, no. No. I'm not actually on the agenda. So, here it says request annexation and zoning of 23.02 acres, but on the summary over here it says request for annexation and zoning -- same exact words -- 21.02. Bird: And go to number two there and it says 21.0 -- with your right hand. In your right hand. Milam: Yes. Meridian City Council December 5, 2017 Page 87 of 98 Beach: Council Member Milam, you are correct. The summary that we have given to you has -- Bird: Yeah. Beach: -- a typo on it. Incorrect acreage. So, it was noticed correctly and the agenda has it correct. Milam: Okay. As long as we have the proper things the right way and -- I'm fine with that. Thank you. Hood: If I can just real quick for the audience, since they don't have that sheet, that's what we lovingly refer to as a cheat sheet for you. So, Josh summarizes some that stuff and it sounds like he made just that typo there. But, yeah, everything is officially typed up correctly, but that's just kind of a summary sheet for you that has that -- that typo. De Weerd: Just verifying that what was posted is what is on the application. Milam: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we are all done, I would move that we approve H-2017-0117 and include all staff, applicant, and public testimony and hopefully we will have a Corps of Engineers report by the time the final plat comes, but I wouldn't bet on it. De Weerd: Is that part of your motion? Bird: No. Take the last part out. De Weerd: It was an editorial comment. Bird: That was an editorial. De Weerd: Okay. Milam: Second. De Weerd: I have a motion and a second. Does anyone want to know what the motion was? It was to approve this item. Bird: It was to approve it. De Weerd: Okay. If there is no discussion, Mr. Clerk. Meridian City Council December 5, 2017 Page 88 of 98 Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And thank you for hanging out with us this evening. I appreciate you. Item 10: Department Reports A. Continued from November 14, 2017: Community Development/Planning Division: Idaho Avenue Amenities - Transfer of Ownership from Meridian Development Corporation to City of Meridian and Next Steps 1. Resolution No. 17-2048: Joint Resolution of Meridian Development Corporation and City of Meridian Signifying Transfer by MDC and Acceptance by City of Idaho Avenue Decks, Planters, and Bicycle Rack De Weerd: Item 10-A is a continued discussion from -- from Caleb. Hood: Thank you, Madam -- yeah. So, just a quick refresher. So, again, a few weeks ago the same time the UDC meeting -- this item was on your agenda and we knew you had one controversial -- or one that -- a couple of development projects that we continued to this meeting and here we are again at 10:00 o'clock to talk about the follow up to Idaho Avenue. So, just, again, a quick refresher. 2015 the city partnered with MDC to co-fund improvements on Idaho Avenue, including some decking -- there is four sixteen foot long deck platforms, two of them are consolidated to make a 32 foot long platform, generally in vicinity of Pauly's Bar and Grill, some planters, some paint and some candles and some other kind of ancillary improvements. Well, at that time that we entered into the agreement with MDC we had all these provisions about how we would, you know, codevelop this -- these interim improvements and amenities on the block, but it didn't go as far as to -- to talk about who would own the amenities. So, what you have before you tonight is kind of part B of this discussion. It is an agreement that the MDC board has already signed off on to relinquish their interest in that real property, the planters, the decks, the bike racks, to the city. It was continued out so that I could, basically, attend the meeting with the property owners, developers, community business owners and property owners on that block between Main and 2nd Street. That meeting was, in fact, held on the 20th of November at 3:00 p.m. I didn't take a head count, but there was about 15 people in attendance, excuse me, including myself, Ashley Squires from MDC and Nick with Unbound. Also the MDC president. So, what we did at that meeting was, basically, you know, tell people, you know, that we wanted to hear from Meridian City Council December 5, 2017 Page 89 of 98 them, how they thought it was going out there. We did hand out a questionnaire to those in attendance and also shared digital copies with -- with Nick to distribute to those that weren't there and, then, some of the neighbors that were there. That block was pretty well represented. The bank. The 127. We had -- Tribute Media was there. Joe Kozlowski, the attorney's office -- I'm not going to name everyone that was there, but pretty much everyone took extras to give to their neighbors that weren't there present. Essentially, what we decided to do was to have MDBA take the lead on this, since there is a downtown business owners association, so Nick is -- has given folks until the 15th of July -- of July -- of December to fill out the questionnaire and send it back to him. I have also received one and I forwarded it on to Nick and, then, the MDBA is going to figure out what they would like to do next and they will petition you, if you will, with any changes they'd like to see out there. So, really, at this point city staff is tracking it and part of the process, but it's really being led by the downtown business owners association. So, that's kind of one thing. The other part, though, that, again, is part B of tonight, we still think that, as city staff, that it's in our best interest to go ahead and take on these assets that are out there on the block. That way when the MDBA does petition us, eventually, we can control what to do with those assets. If we want to -- if you all think it's best to just store them at parks or dedicate them to somebody else or move them to another block or whatever, it's -- at least you control that; right? We don't have to have another entity also agree to do that. So, we would still request, even though it's still kind undetermined on what the next steps are, taking on this ownership and clearing that up makes sense and I know you guys are making eye contact with the parks director. I will -- Mike Barton has been involved, although not the director, and he -- he understands this and I have to assume some of that's been related to Steve. Again, we don't know what will happen. I know Mike does share a concern about tripping over the stuff if it does happen to end up out there. We could, you know, designate it as surplus and donate to somebody, too, if there is not a better use for it, but more to come I think on that. But, again, long story short, we would like you to approve the joint resolution that is on your agenda tonight. But I will stand for questions first. De Weerd: Thank you, Caleb. Council, any questions? Steve, do you have anything you want to add? I don't mean to put you on the spot, but you -- you waited all this time. Siddoway: All this time. No. I think we are willing to be a team player with whatever needs to happen. So, I think it's fine what's being proposed. My kind of sarcastic shaking of the head was just that I don't think they should be just stored long term at the parks maintenance shop without an intended use or home. We have needs for the storage space, so if it's not going to be used -- let's use it or get rid of it, but we are happy to help out however we can. De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council December 5, 2017 Page 90 of 98 Palmer: Madam Mayor, Steve, is there any conceivable use that you can think of the parks would have for them, off the top of your head or if you have had time to ponder on it? Siddoway: I don't know of a use, other than what they are. So, I don't know if there would be another location, but, you know, they were intended as parklets for seating areas in the parking areas along the downtown streets. So, uses beyond that I would defer to planning. De Weerd: Well, we will see what the downtown business owners come back with. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Caleb, are they tapered on the bottom or are they -- they are flat? Could they be put on a flat surface and be a flat stage? Hood: Madam Mayor, Councilman Palmer, they could. So, what actually happened -- part of the cost was some grinding of the existing asphalt on the road to level them out. So, the decking themselves are -- if you had a flat surface that would sit flat on that surface and they are relatively flat there now, although that's some of the comments we got from folks on that meeting on the 20th was they are flat, but you have got a pretty good crown to that road and so the rest of the blue area is sort of unusable, because it's ten degrees -- whatever that is, so -- but, yeah, to answer your question, the modifications really haven't been to the platforms themselves, they have been to the roadway to make them sit flush with the curb. So, they could be -- just brainstorming. We haven't -- because we kind of want to see what MDBA -- but you could put -- again, we have four sections of 16 foot long by five and a half foot wide. So, you could make a stage or whatever out of them if you put them all -- or you could put them all together and that's one of the options that at least was discussed for a little bit on the 20th -- well, it didn't make sense to some people to have one section here, go another 50 feet, have another section and, then, another 40 and you got another. Why not consolidate them all together and that gives you something that's of substance together on one part of the block or the other. Whoever is willing to actually use it, so -- sorry, I'm getting off of your question. No. The decks could be reused, so -- it's a flat platform. Palmer: Thanks. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, I'm so happy that you convinced the downtown association to take the lead of this. This is who should be doing it and I'm for this resolution for one reason is there is no reason that they have to come back to two different public entities with whatever Meridian City Council December 5, 2017 Page 91 of 98 they do. Let's make the pass resolution 17-2048 and they can come to Meridian and tell you what they want do with it, don't have to come back through MDC. Milam: Is that a motion? Palmer: Madam Mayor? Bird: That's a motion. Milam: Second. De Weerd: I have a motion and a second and, Mr. Palmer, a comment? Palmer: Just a waste of time comment here. Another way to satisfy that concern, Councilman Bird, would be to eliminate MDC? Just saying. Bird: What? Milam: He said eliminate MDC. Bird: Didn't hear him. De Weerd: Okay. I have a motion and a second to approve the resolution -- Bird: 17-2048. De Weerd: Okay. If there is no other comments, Mr. Clerk. Roll call: Bird, yea; Borton, abstain; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. B. Fire Department: Budget Amendment for Exhaust Carcinogen Testing Not-to-Exceed $4,000 De Weerd: Item 10-B is under our Fire Department. I will turn this over to Chief Niemeyer. Niemeyer: Madam Mayor, Members of Council, good evening. I was going to crack a joke that I had 42 slides and I'm now too tired to even crack that joke. So, I will just kind of move forward. We are requesting a budget amendment. As you know, I don't like doing these unless the circumstances dictate. So, this is a budget amendment not to exceed 4,000 to get emissions testing done at our fire stations. This came about two Meridian City Council December 5, 2017 Page 92 of 98 fold. One is we are designing Station Six. We know it's been this way for the last 14, 15 years that diesel exhaust is a carcinogen. That's been developed by OSHA and by the scientific community. As we discussed Station Six, we discussed what system do we want to put in place to remove the vehicle exhaust. We started looking at our other five stations. They have air exhaust fans that when the garage door opens the fan in the wall kicks on. I have searched everywhere in our documentation to understand why we put those fans in, as opposed to hose systems that are most common in fire departments across -- not only this valley, but across the west. Trying to gather data on what are those fans supposed to do. Why did we put them in. Can't find anything. So, with that we engaged the state of Idaho DEQ. They referred us over to a firm that does emissions testing and carbon testing. We started out with the idea of testing five stations that initial bid was 54,000 dollars. I have 10,000 dollars in my base budget for professional services. We dwindled that down to two stations, Station One and Station Three, where we are going to test multiple apparatus, both new and older, to run a standard test on our apparatus. We will also be testing the fan systems in our existing stations to learn are they doing what they were intended to do, meaning are they pulling the exhaust out of the bays or not or do we need a hose system. So, two fold. This will give us information to know what we should be putting in Fire Station Six as far as diesel exhaust and based on the results do we need to modify our existing fire stations with better diesel exhaust systems. So, with that that's the 4,000 dollars. The total bid was 13,980. That's why we put a not to exceed 4,000 dollars to add to my base budget. With that I would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mark, I can't remember on the fans what -- are they -- they are exhaust fans, aren't they? They are not -- that are not pushing fans, are they? Niemeyer: They are a -- they are a pulling fan. Bird: Okay. They exhaust and they were supposed to take all that out. Niemeyer: That's a theory. Bird: Theory, yeah. Niemeyer: We never had them tested. Bird: How many have we got in each -- like that three bay. Niemeyer: Just one. Bird: That's one. We just got the one in there, don't we? Meridian City Council December 5, 2017 Page 93 of 98 Niemeyer: Just one. Yeah. And there is questions about whether they are working or not. As you recall, part of our G100 replacement was to do some painting in the bays. If you look at our bays they are pretty black in areas. So, we know we have soot built up. Now, whether -- what's in that we don't know. I'm not a scientist, so I wouldn't even begin to take a guess. But that's part of what we are getting tested. Bird: And what is -- and as I understand from fellow councilmen, they got -- or maybe -- maybe from one of your deputies, that they have a hose that we hook on and it's pulled off with a pin or something -- it hooked on with a pin and once we go out it's to the back and it pulls off the exhaust; is that right? Niemeyer: That's what we are looking at. We are the only department in the valley, outside of some of the small volunteer departments, that doesn't have that hose system. Bird: And what kind of cost have we got for each one of those? Niemeyer: That's about 25,000 dollars per station to retrofit. That's why we want to do the testing, so we can come to you with data, if that's a request we need to make in the future. It's a pretty significant investment, but certainly if it -- Bird: Well, you got -- you got to be safe. Niemeyer: Right. Bird: And that -- that exhaust stuff can build up in your system and -- Niemeyer: Yeah. There are some -- the other question we have -- and that's why we are testing multiple apparatus. The newer apparatus that we have bought we have been told that they fall under a new emission standard that was developed in the Obama administration that, basically, filters out that particulate. That's called a region process. The challenge -- and I don't necessarily agree with the change that was made -- in order to do that you have to have that vehicle idling on the pad for 45 minutes typically. So, run through that region in process. So, there is -- this idea that if you do that it's going to filter some things out, but, yet, we are running it for 45 minutes just to do it. So, that was one of the changes in the fire engine manufacturers. They all made that change. We still don't know what's coming out of the tailpipe and so that's why we are going to -- Bird: Follow up, Mayor? You're positive with just the two stations you're going to get the answer for everything? Niemeyer: We are. Station One will have -- Bird: The larger -- Meridian City Council December 5, 2017 Page 94 of 98 Niemeyer: -- one of our newer apparatus. It will have the truck. It will have some of our older apparatus. So, we will test multiple apparatus there. Over at Station Two we have Engine 33, which is -- Keith, stay with me here -- the oldest of the newest as far as our fire engine replacement. We are also going to bring the water tender over and run it through Station Three. So, we will get a good cross-reference of all -- Bird: So, you're doing one and three? Niemeyer: Yeah. Yeah. Bird: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, this kind of weird thing happens on occasion, but in the sales pitch from Chief, the words emissions test, OSHA, and budget amendment were all used and I'm still in favor of it. The reason being is we just don't know at this point -- the pipe system -- the hose system would be a nice to have, but we don't know that it's a need to have. Doing this with the -- the scenario with the two stations and the multiple trucks that the chief has outlined will give us the data to know that, okay, yeah, we have to do something or if, hey, these funky fans they put it are actually sufficient. So, this is kind of a last effort to know if -- if it is necessary and, then, we will build it back up, raising for the future expense, and know that we need to put it in the next station. De Weerd: Well -- and you will find out what the various apparatus -- those that are -- supposedly have the emissions friendly exhaust or whatever. It will -- will tell you if maybe that passes and the old one doesn't, so I think you have given a good cross- section of what -- what you're putting into those two stations to -- to get the maximum data for our dollar. Niemeyer: I agree. De Weerd: Yeah. Any other comments? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve the budget amendment for 4,000 dollars for the emissions testing. Little Roberts: Second. De Weerd: I have a motion and a second. Mr. Clerk. Meridian City Council December 5, 2017 Page 95 of 98 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: Ordinances A. Ordinance No. 17-1732C: An Ordinance (Maverik – H-2016- 0027) of the City of Meridian granting annexation and zoning for part of the Northeast Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from C-2 to C-G (General Retail and Service Commercial District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. De Weerd: Item 11-A is Ordinance 17-1732-C. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1732C: an Ordinance, Maverik, file number H-2016-0027 of the City of Meridian granting annexation and zoning for part of the Northeast Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit “A”; annexing certain lands and territory, situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from C-2 to C-G (General Retail and Service Commercial District) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: Okay. You have heard this read by title. Is there anyone who would like to hear it read in its entirety? Meridian City Council December 5, 2017 Page 96 of 98 Milam: Madam Mayor? De Weerd: Thank you. Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1732C with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11-A. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Ordinance No. 17-1755: An Ordinance (Aegean Subdivision – H-2017-0114) of the City of Meridian granting annexation and zoning for a portion of the NW ¼ of Section 33, Township 4 North, Range 1 West, as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands of 65.29 acres of land from RUT to R-4 (Medium Low Density Residential District)(25.79 acres) and R-8 (Medium Density Residential District)(36.50 acres) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. De Weerd: 11-B is Ordinance 17-1755. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1755: an Ordinance, Aegean Subdivision, file number H-2017-0114 of the City of Meridian granting annexation and zoning for a portion of the NW ¼ of Section 33, Township 4 North, Range 1 West, as described in the attached Exhibit “A”; annexing certain lands and territory, situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the Land Use Zoning Classification of said lands of 65.29 acres of land from RUT to R-4 (Medium Low Density Residential District)(25.79 acres) and R-8 Meridian City Council December 5, 2017 Page 97 of 98 (Medium Density Residential District)(36.50 acres) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: I don't see anyone who would like to hear it read in its entirety, so do I have a motion from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Ordinance No. 17-1755 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve this Ordinance. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Item 12. Any topics for future agendas? Just reminders. The Twilight Christmas Market is Thursday from noon to 8:00 here at City Hall. The Winterland Festival, Saturday, the 9th from 10:00 to 3:00 at the Boys and Girls Club. Remind you to vote for the downtown Christmas -- business Christmas light -- Borton: Early and often. De Weerd: Early and often says Councilman Borton. And Coffee with the Mayor next Tuesday, December 12th, 8:00 to 9:30 at Republic Services. Bird: We got that thing Monday, too. The MYAC deal. Remind them of that. De Weerd: Yes. And just a reminder about MYAC and the Expo and go and check out the -- the ideas. Bird: Monday. De Weerd: On Monday. 6:00 o'clock. Meridian City Council December 5, 2017 Page 98 of 98 Item 13: Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code and 74- 206(1)(j): To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code. De Weerd: So, with that we do not need the Executive Session, unless Council feels the need to. If not, I would entertain a motion to adjourn. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And feel free to overrule me, but I move we go into Executive Session per Idaho State Code 74-206(1)(d)(j)(a) and (b). Cavener: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:31 p.m. to 10:39 p.m.) Borton: Entertain a motion to come out of Executive Session. Milam: So moved. Little Roberts: Second. Borton: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Entertain a motion to adjourn. Milam: So moved. Cavener: Second. Borton: All in favor? Meridian City Council December 5, 2017 Page 99 of 98 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD ATTEST: C. JAY[COLESJ CITY CLERK DATE APPROVED 1510-P EDARl UG� T S 2 0 C -/VI of E� HV IDIAN,4,- IDAHO \� SEAL �� Meridian City Council Meeting DATE: December 5, 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: December 5, 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 jProvide Description of Discussion Topic Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 21, 2017 City Council Regular Meeting 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 November 21, 2017 Page 91 of 89 _ r Z/7 eR-TA Y DE WEERD DATE APPROVED ATTE7 _,r Qo�p,ZED AUGLS T C. J Y CO , C LERK 20 f IIV of V E IDIAN�- IDAHO s� SEAL �I Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6B PROJECT NUMBER: H-2017-0147 ITEM TITLE: Oaks South Subdivision No. 7 Final Plat for Oaks South Subdivision No. 7 (H-2017-0147) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat 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 Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6C PROJECT NUMBER: H-2017-0146 ITEM TITLE: Oaks South Subdivision No. 8 Final Plat for Oaks South Subdivision No. 8 (H-2017-0146) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat 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 Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6D PROJECT NUMBER: H-2017-0148 ITEM TITLE: Shelburne No. 2 Final Plat for Shelburne No. 2 (H-2017-0148) by Shelburne Properties LLC Located East of S. Eagle Road on the South Side of E. Zaldia Lane 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: December 5, 2017 ITEM NUMBER: 6E PROJECT NUMBER: H-2017-0114 ITEM TITLE: Aegean Subdivision Development Agreement for Aegean Subdivision (H-2017-0114) with Premier Investments, LLC located located on the east side of N. McDermott Road, 'A mile south of W. McMillan Road, in the NW'/4 of Section 33, Township 4 North, Range 1 West. (Parcel No.: SO433233700) MEETING NOTES vw 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 2017-116562 BOISE IDAHO Pgs=50 LISA BATT 12/06/2017 04:25 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Premier Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 5' day of n 0-m 6 ey,, , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Premier Investments, LLC, whose address is 4235 W. White Ash Drive, Meridian, Idaho 83646, hereinafter called OWNER/ DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described In Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and L2 WHEREAS, Idaho Code § 67-651 lA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 65.31 acres of land from the RUT zoning district in Ada County to the R-4 (Medium Low Density Residential)(28.81 acres); R-8 (Medium Density Residential)(32.74 acres and 3.76 acres) zoning districts (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—AEGEAN SUBDIVISION (H-2017-0114) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 8th day of November, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Premier Investments, LLC, whose address is 4235 W. White Ash Drive, Meridian, ID 83642, the party DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 2 OF 8 that owns and is developing said Property, and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Low Residential District (R-4) and Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and buildings (photos) depicted in Exhibit A of the Staff Report, which is hereby incorporated as an attachment to the Findings of Fact and Conclusions of Law as Exhibit `B". 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 two-story homes are constructed on Lots 4-7 and Lots 28-36, Block 3, they will be highly visible from N. McDermott Road, an arterial street. Therefore, the rear elevations of two-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 further 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 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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 4 OF 8 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Premier Investments, LLC 4235 W. White Ash Drive Meridian, DI 83646 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114 PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The patties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other patty so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 6 OF 8 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; acknowledgements, signatures, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Premier Investments, LLC By vim' >-; c v e" i pier t} CITY OF MERIDIAN Mayor T n y de Weerd STATE OF IDAHO ss: County of Ada Qoj,�pTED AUGUST 2Q o 01V of EIDIAN+ _ IDAHO \�^ SEAL -tV ATTEST; �O�rhe TREPS" //_ _7�4 "__� CJ y CAU, City Clerk On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Mario Panoutsopoulos, known or identified to me to be the Manager of Premier Investments, LLC, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand an/ affixed my official seal the day and year in this certificate first abQaa'i tom. (SEAL) PUB00 STATE OF 44OF; 5� County of Ada ) Notary Public fo •ddahg Residi g at: 4 r My Commission Expires: On this Iji�'1 day of 'D 2 C2VY1b0—V_ , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cert O- 1Q ey��written, 64 ��; A am Notary Publi�c�ff�rdaho • Residing at: !/ / 4 N.d jAliA ' My Commission expires: )��'-AtENT —AEGEAN SUBDIVISION (H-20 17-0 114) PAGE 8 OF 8 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, 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. 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 Standards 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. July 27, 2017 DESCRIPTION FOR ANNEXATION PROPOSED AEGEAN SUBDIVISION A portion of the NW % of Section 33, T. 4N., RAW., B,M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West % corner of the said Section 33, from which the NW corner of said section bears North 00032'42" East, 2633.74 feet; thence along the west boundary of the NW'/ of said section North 00°32'42" East, 334.35 feet to the POINT OF BEGINNING; thence leaving said west boundary North 85°03'27" East, 751.65 feet; thence South 19°45'03" East, 435.77 feet to a point on the south boundary of the NW Y4 of said Section 33; thence along said south boundary South 89°17'46" East, 1738.44 feet to the southeast corner of said NW'/; thence along the east boundary of said NW'/ North 00°29'28" East, 901.79 feet to a point on the existing Meridian city limits boundary; thence along said existing city limits boundary: thence North 88°19'19" West (formerly North 88°1922" West), 28.12 feet; thence North 74°47'11" West (formerly North 74047'14" West), 175.88 feet; thence North 76°44'34" West (formerly North 76°44'37" West), 2499.95 feet to a point on the west boundary of the NW'/ of said Section 33; thence leaving said existing city limits boundary, and along said west boundary South 00°32'42" West, 1155.35 feet to the POINT OF BEGINNING. Containing 65.30 acres, more or less. : jNI- LAND a 111/18 �97�� / �0F� 5 2T�N W 170320-anx.docx Aegean Subdivision — AZ, PP H-2017-0114 1 WINI 1 �, 29 28 _ _ _ _ _ _ sesls's4^E _2635.32' _ W MCMILLAN ROAD 28 1/4 32 33 iLINE UNE BEAR NAGS DISTANCE CURVE TABLE icz L7 N 8819119' W 28.12' CURVE LENGTH RADIUS DELTA CHORD BRG CHORD L2 N 74'47'11" W 175.88' Ct 105.57 274.00 22'04'34" S 73'71'03" E 104.92 (� L3 N 0456'34" W 35.89' C2 85.95 826.00 5'57'44' S 8114'28" E 85.91 L4 N 85'03'26" E 76.93' C3 209.14 176.00 68'04'58" S 4413'07" E 197.05 L5 N 40'03'26" E 14.14' C4 4.32 326.00 0'45'34" N 74'57'30" E 4.32 L6 N 04'56'34" W 111.68' C5 27.27 20.00 78'0804" S 66'21'15' E 25.21 o_ L7 S 00'42'14" W 93.49' C6 160.54 326.00 28'12'58' S 41TS40 E 158.93 !p L8 N 28'54'23' W 45.16' C7 26.48 20.00 7552'06" S 17'34'08" E 24.59 I 09 IL) L9 S 54'41'28" E 69.95' C8 49.14 326.00 835'10" S 16'02'50" W 49.49 L10 S 68'59'09" E 7200' I C9 96.70 176.00 31'28'47 S 04'00'39" E 95 IZ Lii N 79'49'21' E 73.82' C10 104.39 86.00 69'32'44" S 54'31'25" E 98..10 o a m Nm (i��i�� m `tl i-iio,� o T o $ w �o zwo L12 S 1070'39' E 106.05' LA ryp C11 26.43 326.00 4'38'43' N 88'22'52' E 26.42 z L13 S 13'77'06" W 173.92' `oNpl C12 32.61 20.00 93'24'28' S 47'14'16" E 29.11 g T G R �L z O r1 L74 S 13'15'26" W 136.57 C73 8.08 374.00 1'74'15' S 00'05'06' W 8.08 L15 S 08'11'46" E 85.88' O co Z tin C74 703.34 276.00 27'27'13' S 02'31'50' W 102.74 > o O ?Ki C15 249.78 176.00 81'78'47' S 48'51'10" E 229.34 0. 1 1 8 ; IetL�`EeK N9T U mN) 876.03' Z 9' l�PS �= EYISANG ; ZON �f N z Q z �. oN' 76'44'34"E �� F OF �5 O o m z _ w T NP 2499,g8, EXISTING MERIDIAN CITY ZONING �N W. �� 7444 y6, k CITY LIMITS BOUNDARY mzi �'„ �" L W z o i \ Ll. z O L2 ivi 8? ri 8.96 U Q Q 0 is z 1= 0,1,e NL11 ` S 7MS '(1 p W U Z o 19, 0 O a tn� qq m IL O O 10W OF BEGINNING rid, 4' \ 6• G S:s is q �< OiS� y'� PONT OF BEGINNING O �- � R-B ZONE PAR K 3274 ACRES +� L y �� 6 S89130 33 I;w R-8 ZC77E PARCEL T3' r 4� na 'n 3.76 ACRES +/- W V 219.,641" I 19.64' N 1485,'03'27"E_ 751:66' __ V ' w -_AN�NOIA�gIBING �\\p� ;`iD'S 19'45'03" E �� aIZ gLFC, n' pcq _ 11236307.46' In 65.30 ACRES +/- 5 8977'46 _E�i2 iZ o F" R-4 ZQ EBPAARRCwL 'B' AC-E"S- +- -C730i/4 n 10, z ./tOg5.82_ 1/4 _ "-25."7_9- z on 32PWNTG589'17'46'E 2837.80' o w3A+-7 R-4 02mAPPLE VALLEY SUBDIVISION V N d _ N Aegean Subdivision - AZ, PP H-2017-0114 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. EXHIBIT B 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 - Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Streetlight and Electrical Maintenance Agreement: 1940 S. Eagle Road MEETING NOTES 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 EN DIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Al Christy, Transportation and Utility Coordinator DATE: 11/27/17 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 1940 S. EAGLE ROAD REQUESTED COUNCIL DATE: 12/5/17 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached Street Light and Electrical Maintenance Agreement (the "Agreement"). 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background A street light is required to be installed as part of a building permit at 1940 S. Eagle Road. This portion of Eagle Road is five (5) lanes and is not scheduled for any ACHD improvements. This portion of S. Eagle Road is deficient in street lighting. The street light will alleviate safety concerns for vehicular traffic and Page I of 2 pedestrian use. The agreement is an opportunity to add street lighting in an area that is deficient. The street light will be a Type 1 street light, 35' in height with a 12' mast arm. Typically, a Type 1 street light is required to be metered with the installation of a new meter pedestal. In this instance it is not feasible to connect to existing meters or set a new meter to control one street light. Therefore, the Agreement is needed to meet Idaho Power requirements for metering. The Agreement also ensures that the street light will be connected to the City's metered service if and when it becomes available. The property owner is in favor of this solution and has signed the Agreement. IV. IMPACT This agreement will have minimal fiscal impact upon the City. With the signing of the Agreement the City is responsible for maintenance of the street light pole and fixture. The Owner will be responsible for paying the power. The new fixture is required to be a City approved LED fixture. Approved LED fixtures have an anticipated lifespan of twenty (20) years. V. ALTERNATIVES The City could consider taking a deposit for future installation of the street light. Typically future installation agreements are utilized in conjunction with ACHD improvements. However, this section of Eagle Road is not scheduled for any improvements, as this section is currently five (5) lanes. VI. TIME CONSTRAINTS Approval of the Agreement will allow for certificate of occupancy for the building at 1940 S. Eagle Road. VII. LIST OF ATTACHMENTS 1. Map 2. Agreement, executed by the O r. Approved for Council Agenda: / 2 7 If to Page 2 of 2 � rb R � T F )789 City of Meridian makes no representation or warranties, expressed or implied as - to the accuracy, completeness, timeliness or rights to use if this information. City Tarpon of Meridian shall not be liable for inaccuracies or misuse. r - d This map is made from data copyrighted by Ada County. Ada County shall not �.:�_ ,� T be liable for inaccuracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely. However, use in any digital form requires the written 1, permission of Ada County. �r- sill V, 3085 1875 �1 � � a '1 • r� � s k L 1872 Ile 0, Gr 14 qW -� 1935 r •!� Type 1 street light to be installed w 0— -r a 1565 -01,'- IR V_ ^ 2015 j LU Ln ... �� 2000 4, 1:M w 3300 .. 3006" Ah : v - `� �r 7 A. , T ' M db 3010. -tc } + ; , 27224B 2 if �EJGoIdstcne Dr —� 29 27226x, A. 971 f,' 'i Legend 111.7.2 Impact • • t, Parcels 3015 • Other Pk,(E IDIA!N-." Type 2 Shoebox j Signal 1940S. Eagle Road o Feet Date: 11 e as so 180 270 iso Tim e: 11:00:4:00:4O 2 A AM Irizalky"- **01:401 x- 91:11WO ADA COUNTY RECORDER Christopher D. Rich 2017-116420 BOISE IDAHO Pgs=4 LISA BATT 12/06/2017 02:06 PM CITY OF MERIDIAN, IDAHO NO FEE (Space Above For Recorder's Use) 01—W"10—MMAVIALOULDrIM 1. V5 4 1 0 IL a -T, La k1i 1940 S. EAGLE ROAD, MEREDI[AN I PQ i.1 � .1 , eridian, .,.;i 1a W 83642, and Carissa Primmer, on behalf a!._ Investments LLC ("Owner"), whose address is 1940 S. Eagle Road, Meridian, ID 83642. I uy Md re 0 re kvi Mr. arr-ty go WHEREAS, the approved street light plan calls for a new meter pedestal to be installed so that the light may be metered per Idaho Power requirements and the electricity billed to the City of Meridian; WHEREAS, as an alternative to installation of a new meter pedestal, the Owner has requested authorization to connect the Street Light to the new circuit at the Property, and in exchange is willing to pay for electricity to illuminate the Street Light as part of Owner's electrical bill until lights are installed along the frontage of Eagle Road, between Overland and the Property, at which point Owner will connect the Street Light to City's lighting circuit; and WHERE AS, such proposal is to the benefit of the City from an operations and maintenance standpoint; NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: STREET LIGHT AGREEMENT WITH SUNDANCE INVESTMENTS PAGE 1 OF 4 I. OWNERS' COMMITMENTS A. Street Light and conduit. Owner shall install one (1) City Standard Type 1 street light, 35' in height with a 12' mast arm at Property, and shall connect such Street Light to the property circuit. The fixture shall be from the current approved City of Meridian Approved Fixture List. Additionally, Owner shall install a junction box and conduit necessary for the connection to future lights to be made without damage to the sidewalk or existing landscaping. These installations shall be made in accordance with the current edition of the Meridian Supplemental Specifications to the Idaho Standards for Public Works Construction ("ISPWC"). B. Electricity. From the Effective Date of this Agreement forward, Owner shall be responsible for paying Idaho Power Company, its successors and assigns for the provision of electricity required to operate the Street Light. C. Conduit. Owner shall maintain and ensure the integrity of all street lighting conduit between the Street Light's junction box up to the power source on Owner's Property. Owner shall be responsible for any and all necessary maintenance and repairs and costs related thereto. D. Effect of street light installation at adjacent property. In the event that street lights are installed along the frontage of the property adjacent to the Property (1940 S. Eagle Road, Meridian, Idaho, Ada County parcel no. R7909790125), Owner, at Owner's sole expense, shall connect the streetlight to the newly installed system utilizing existing conduit and conduit installed pursuant to section I(A) of this Agreement. E. Electricity. From the Effective Date of this Agreement, Owner shall be responsible for timely paying Idaho Power Company, and/or its successors and assigns, for the provision of electricity to the Street Light. Upon installation and/or connection of a separate meter billed to the City of Meridian for Street Light, the City shall assume responsibility for timely paying Idaho Power Company, and/or its successors and assigns, for the provision of electricity to the Street Light. H. CITY'S COMMITMENTS A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be responsible for: 1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or photoelectric cells in the Street Light; and 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Street Light, and any component or appurtenance thereof, with the exception of conduit outside of the right- of-way. B. Recordation. This Agreement shall be recorded by City against the following parcel: Ada County parcel no. R7909790125, legally described as Parcel #0125 a@ S Side Lots 16, Block 1, Silverstone Sub No 03. III. GENERAL PROVISIONS. STREETLIGHT AGREEMENT WITH SUNDANCE INVESTMENTS PAGE 2 OF 4 A. Time is of the essence. Owners acknowledge that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non - defaulting party may seek any and all legal remedies. I . Effect of default. If Owner defaults, Owner, at Owner's sole expense, shall install a meter pedestal within the public right-of-way or utility easement along Locust Grove Road to power the Street Light. All work undertaken pursuant to this provision shall comply with the most recent edition of the Meridian Supplemental Specifications to the ISPWC. 2. City may invoice. If Owner's failure to fulfill any of Owner's responsibilities under this Agreement necessitates action by City to fulfill such responsibilities, City shall invoice Owner for City's actual costs, which costs Owner shall pay within thirty (30) days of issuance. If Owner fails to timely pay such invoice in full, the costs enumerated therein shall be appended to Owner's City of Meridian utility bill, and City may shut off any and all City utilities until such costs are paid in full, with no further notice to Owner. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Owner: City of Meridian Sundance Investments, LLC Attn: City Clerk Attn: Carissa Primmer 33 E. Broadway Ave. 1940 S. Eagle Road Meridian, Idaho 83642 Meridian, ID 83642 D. Binding upon successors. This Agreement shall be binding upon Owners, any and all current and subsequent owners of the Property, and each and every other person acquiring an interest in Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the property or any portion thereof, except that any sale or alienation of Property shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be bound by the conditions and restrictions herein expressed. E. Compliance with laws. Throughout the course of this Agreement, Owners shall comply with any and all applicable federal, state, and local laws. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. STREET LIGHT AGREEMENT WITH SUNDANCE INVESTMENTS PAGE 3 OF 4 G. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. I. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. I WITNESS WHEREOF, the parties hereto have executed this Agreement on this Itt day of Alg&w ,&.e /"' 2017. 7issa Primmer DANIELLE SUTTON Notary Public State of Idaho CITY OF eerd, Mayor Attest: C' 41e*J •.••.yENE �,••. A]? 9�;•: O •••• ATE -U� �' * ••safe••••• STATE OF IDAHO ) ) ss: County of ADA ) I HEREBY CERTIFY that on this 20 day ofA/o1V-.Khef2'01, , before the undersigned, a Notary Public in the State of Idaho, personally appeared Carissa Primmer, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year in this certificate first above Notary Public for Idaho Y Residing at 11,1 -C y (C-.-, _ , Idaho My Commission Expires: _.,{ ) STATE OF IDAHO ss: County of ADA ) I HEREBY CERTIFY that on this 5 ` day of 2CP A'� X 2& 2-O l—1 before the undersigned, a Notary Public in the State of Id of personally appeared Tammy de Weerd and C , ay O l eS known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ( \ Notary Public forldaho Residing at Idaho My Commission Expires: 3 a g a a STREET LIGHT AGREEMENT WITH SUNDANCE INVESTMENTS PAGE 4 of 4 Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Whitebark Subdivision #2 Sanitary Sewer Main 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 2017-116163 BOISE IDAHO Pgs=5 LISA BATT 12/06/2017 09:19 AM CITY OF MERIDIAN, IDAHO NO FEE Ct, THIS INDENTURE, made this - o day of 2017, between BHH Investments 1, LLC, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that, after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that it will not place, or allow to be placed, any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement which would interfere with the use of said easement, for the purposes stated herein. Whitebark Subdivision No. 2 Sewer Main Easement THE GRANTOR hereby covenants and agrees with the Grantee that, should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of, any public street, then, to such extent such right-of-way and easement hereby granted lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. • 11R: BHH INV STMENA Ja H. Hunter, Manager ZS. Bridgeway Place leID 83616 STATE OF IDAHO ) ss. County of Ada ) On this 9-'5 day of 0L , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared James H. Hunter, known or identified to me to be the Manager of BHH Investments I, LLC, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye4&,I i isabgye written. CIA ^I — M ��,�� ti� G I LLQ •,O�i moi: �01 p= y �•b G , •.• P U B�' '•., 4 TE OF ��.••� NOTARY PUBLIC FOR Residing at: My Commission Ex Whitebark Subdivision No. 2 Sewer Main Easement 2 GRANTEE: CITY OF MERIDIAN o�QOFLATEDA(/G�S r CitY E QAN�. Tammy ej, Mayor SEAL k) Attest by Uay Coles, City Clerk Approved by City Council on: ld' 5- �))/7 STATE OF IDAHO ) ss. County of Ada ) On this b +�A day of Q Q-ce ff1 beV— , 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. "...... . y, SNR Y NOTARY PUBLIC FOR IDAH ' O Residing at: x, Z p ; My Commission Expires: . ', Pte" ,,",4Q' • •• STATE .•• Whitebark Subdivision No. 2 Sewer Main Easement 3 EXHIBIT A October 23, 2017 Description for City of Meridian Sanitary Sewer Easement Proposed Whitebark Subdivision No. 2 An easement located in the NW 1/4 of Section 32, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N'/4 corner of said Section 32, from which the NW corner of said Section bears North 89°43'47" West, 2645.03 feet; thence along the northerly boundary of the NW 1/4 of said Section 32 North 89°43'47" West, 165.50 feet to the POINT OF BEGINNING; Thence South 00°18'39" West, 302.96 feet; Thence South 34°21'47" West, 27.55 feet to a point on a curve; Thence 32.25 feet along the arc of a non -tangent curve to the left, said curve having a radius of 95.00 feet, a delta angle of 19°26'53", and a long chord bearing North 34'50'16" West, 32.09 feet; Thence North 34°21'47" East, 6.97 feet; Thence North 00°18'39" East, 293.75 feet to a point on the northerly boundary of the NW 1/4 of said Section 32; Thence along said boundary South 89°43'47" East, 30.00 feet to the POINT OF BEGINNING. Said easement covering 9,439 SF, more or less. L N� S IL 11118 X 1P % z Ix 0 F CO �0N W.\A' 170129-ssease.docx EXHIBIT B I (BASIS OF BEARING) 1 1 30' 29_ _ _ _N 89'43'47" W 2645.03' E. AMITY RD. L3 — — 4,29 31� 2. —._.—.—.—._. 16T0 32 --- - PUNT Gly BEGYNN/NG w , a EMR EAEFMENT 9,439 SF. f/- o I --i 1 N°°;;oM 1 11 1' Zi , N I i IIJo vij CURVE TABLE — — CURVE LENGTH RADIUS DELTA CHORD BRG CHORD Cl 32.25 95.00 19'2653" N 34'5016" W 32.09 1 1 I 0 LINE TABLE ; PROPS S g Nom LINE BEARING DISTANCE RK L1 S 34'21'47" W 27.55' �N\1EgP L2 N 34'21'47" E 6.97' — — L3 S 89'43'47" E 30.00' L LA ND 1ST e 11118om 1p� I 17-41 �o I Z. 2 OF��S� roN W. NP LOT 16, BLOCK 1 BLACKROCK SUED. NO. 1 SCALE 1"=200' CITY OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED WHITEBARK SUBD. NO. 2 NGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 DWG.DATE 10/23/17 PROJ. NO. 170129 SHEET 1 OF 1 LOCATED IN THE NW 1/4 OF SECTION 32 T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO 170129—SSEASE.DWG bkb Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Swindell Subdivision Sewer and Water Main Easement # 1 MEETING NOTES LIM 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 2017-116568 BOISE IDAHO Pgs=7 LISA BATT 12/06/2017 04:39 PM CITY OF MERIDIAN, IDAHO NO FEE I—Big 20 7 THIS INDENTURE, made this day of // I —, between Volante Investments, LLLP, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water matins and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 5,okr,J,f I I �Vbai 0 6 o n any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G OR: �e V'00"'/v G eral Partner 3084 E. Lanark St. Meridian, ID 83642 STATE OF IDAHO ) ) ss County of Ada ) On the day of 131/GVW 2017 , before me, the undersied, a notary public in and for said state personally appeared l� �/,/. i/Q,�1 c71?-, known or identified to me to be the GENERAL PARTNER of the Limited Liability Limited Partnership that executed the instrument on behalf of said Limited Liability Limited Partnership and acknowledged to me that such Limited Liability Limited Partnership executed the same. In witness whereof, �Vjo-mel*r u nt above written. .••' �E U WO •i••, J � 1�:�OTAR ti % PUBOF L�G set my hand and seal the day and year in this certificate first i Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Qo�PtEo AUo�sr -- --�_ i Cily or - �.�Vl E IDIAN� Tammy de rd, Mayor I D A H O s� SEAL �Ojthe TREPSv�`�,v Atte by y Coles, City Clerk Approved By City Council On: V1 5 6;�9 l STATE OF IDAHO, ) . ss. County of Ada ) On this -5 44-\ hisS44-\ day of V-) e C e -m be r , 20 11 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. 9 ' "CLIC •0009..... Sanitary Sewer and Water Main Easement S�lnde�l �„�Im1;lUi5iov�. NOTARY PLAIC FOIA ID XHO Residing at: �'1/ i JQ u I A/K) gg*ko Commission Expires: 3 -a8 '-LO a. a - REV. 08/15/16 EXHIBIT" A CITY OF MERIDIAN WATER AND SEWER EASEMENTS SWINDELL SUBDIVISION SITUATED IN THE SE % OF SECTION 18, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO Six parcels of land situated in the southeast 1/4 of Section 18, Township 3 North, Range I East, Boise Meridian, City of Meridian, Idaho, and moreparticularly described as follows: EASEMENT 1 Commencing at the southeast, corner of said Section 18, from which the southwest corner of said southeast 1/4 of Section 18 bears South 89°43'00" West 2649.09 feet; thence North 58038'18" West 1032:09 feet to POINT OF BEGINNING 1 thence South 85135'46" West 39.47 feet to the easterly boundary of Pack It Up Subdivision, a recorded subdivision on file in book 84 of Plats at Pages 9360,and'9361, records of Ada County, Idaho; thence along said easterly boundary North 29104'02" West 22.01 feet; thence leaving said easterly boundary North 8503546" East 50:99 feet; thence along the are of anon -tangent circular curve to the left.20.23 feet, said curve having a radius of 62.00 feet, a delta angle of 18°41'26", and a chord bearing South 2114'46" West 20.14 feet to POINT OF BEGINNING 1, comprising 894 square feet, more or less. EASEMENT 2 Commencing at the above described Point Of Beginning 1; thence along the arc of a circular curve to the right 30,19 feet, said curve having a radius of 62.00 feet,, a delta angle of27°53'56' , and a.chord bearing North 6°51'00" East 29.89 feet to POINT OF BEGINNING 2; thence North 53129'39" West 37,47 feet; thence North 36°30'21" East 30.00 feet; thence South 53°29'39" East 36.58 feet thence along the arc of a non -tangent circular curve to the left 3031 feet, said curve having a radius of 62.00 feet, a delta angle of28°00'51" and a chord bearing South 34°48'24" West 30.91 feet to POINT OF BEGINNING 2, comprising 1074 square feet, more or less., EASEMENT 3 Commencing at the above described Point Of Beginning 2; thence along the are of a circular curve to the right 60.74 feet, said curve having,a radius of 62.00 feet, a delta angle of 56108'07", and a chord bearing North 48052'03" East 58.34 feet to POINT OF BEGINNING 3; thence North 4924`14" West 24.99 feet; 358—EASE-0140C Page 1 of thence North 85°3546" East 20.00 feet; thence South 4624'14" East 25.21 feet; thence along the are of a non -tangent circular curve to the left 20.09 feet, said curve having a radius.of 62.00 feet, a delta angle of 18133'53" and a chord bearing South 86'13'03" West 20.00 feet to POINT OF BEGINNING 3, comprising 491 square feet, more or less. EASEMENT 4 Commencing at the above described Point Of Beginning 3; thence along the arc of a circular curve to the right 49.99 feet; said curve having a radius of 62.00 feet, a delta:angle of 46111'48", and a chord bearing South 79158'00" East 48.65 feet; thence along the are of a circularcurve to the left 18.01 feet, said curve having aiadiva of 20.00 feet, a delta angle of 51135'10", and a chord bearing South 82°39'42" East 17.40 feet, thence along the are of a circular curve to the right 26.36 feet, said curve having a radius of 102.00 feet, a delta angle of 14°48'27", and a chord bearing North 78156'57" East 26.29' feet to POINT OF BEGINNING 4; thence North 0°24`31 East 15.26 feet; thence South 8993529" East 20.00 feet; thence South 0°24'31" West 15.00 feet; thence North 89°35'29" West 12.79 feet; thence along the arc of a circular curve to the left 7.22 feet, said curve having a radius of 102.00 feet; a delta angle of 4°03'21" and a chord bearing South.88922'50" West 722 feet to POINT OF BEGINNING 4, comprising 301 square feet, more or less. EASEMENT 5 Commencing at the above described Point Of Beginning 4; thence along the arc of a circular curve to the right 7.22 feet, said curve having a radius of 102.00 feet, a delta angle of 4°03'21" and a chord bearing North 88622150" East 7.22 feet thence South 89035'29" East 59.95 feet to POINT OF BEGINNING 5; thence North 0°24'31" East 15.00 feet; thence South 89°35'29" East 20.00 feet; thence South 0°24'31" West 15.00 feet; thence North 899529" West 20.00 feet to POINT OF BEGINNING 5, comprising 300 square feet, more or less. 358 EASE-01.doc Page 2 of 3 EASEMENT 6 Commencing at the above described Point Of Beginning 5; thence South 0°16'52" East 54.00 feet to POINT OF BEGINNING 6; thence South 89°3529" East 30.00 feet; thence South 0°74'3.1" West 15.00 feet; thence North 89°35'29" West 30.00 feet thence North 0°2431" East 15.00 feet to POINT OF BEGINNING 6, comprising 450 square feet, more or less. ENS�rO 358_EASE-0.1.doc Page 3 of 3 1 �OG� kPOS2 EXHIBIT B PLAT TO ACCOMPANYLEGAL DESCRIPTION FOR SANITARY SEWER AND WATER EASEMENTS SITUATED IN THE SE1/4 OF SECTION 18 T3N R1E BM MERIDIAN CITY, ADA COUNTY, IDAHO e QOM C7 Cg kC9 113 ' L14 @j L7 8 °� E. BIRD DOG DRIVE rn i L20 N L22 LINE TABLE UNE LENGTH BEARING L1 39.47' S 8535'46" W L2 22.01' N 29'04'02" W L3 50.99' N 85'35'46" E L4 37.47' N 53"29'39." W L5 30.00' N 36'30'21" E L6 36.58' S 5329'39" E L7 24.99' N 04'24'14" W L8 20.00' N 85'35'467 E L9 25.21' S 04'24'14 E L70 15.26' N 00'24`31" E L11 20.00' S 89'35'29" E L12 15.00' S 007201" W Lq�p of WE CO � 111 OLOGt N. NOT TO SCALE 4 �032`878b � � �`9' ` fit! LINE LENGTH BEARING L13 12.79' N 89135'29' W L14 47:16' S 891529" E L15. 15.00 N 00'24`31" E L16 20.00' S 8935'29" E L17 15.00' .S 00'24'31" W 416 20.00' N 8973529' W L19 54:00' S 0016'52" E 120 30:00' S 89 35'29" E L21 15.00' S 00'24'31" W L22 30.00' N 89'35'29" W L23 15.00' 1 N 00'24`31" E `. CO �1 18 E. OVERLAND ROAD ` 18 17 11 S 8943'00" W 2649.09' 19 20 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING Ct 20.23' 62;00' 18'41'26" 20.14' 8 214'46" W C2 9.96' 62.00' 912'30" 9.95' N 16'11'44' E C3 30.31' 62.00' 28'00'51" 30.01' S 34'48'24" W C4 3.G.43' 62.OD' 28'0016" 30.13 N 62'52'8" E C5 .20.09' 62.00' 1813'53" 20:00' S 86'13'03" W C6 29.90' 62.00' 27'3055" 29.61' S 70741'04" E C7 18.01' 20.00' 511510" 17.40' S 82'39'42" E C8 26.36' 1.02.00' 14'48'27" 26.29' N 78'56'57" E C9 7.22' 102.00' 4'03'21" 7.22' . S 88'22'50" W Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Raisin Angels Daycare Water Main Easement MEETING NOTES M 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 2017-120504 BOISE IDAHO Pgs=5 VICTORIA BAILEY 12/18/2017 10:21 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this 134"day of t t , 20L -L between MkP,`a# LG G the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water plain is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 08/15116,doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Address 1 q3 W • 4re, eve F5k-1 D s3- STATE OF IDAHO ) . ss. County of Ada ) On this /3W day of IE"674BE2 , 20 / 7 , before me, the undersigned, a Notary Public in and for said State, personally appeared /bt*Xlz- t4gzelo• and lbo+-t 0, 1"— kA- , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day first above written. _ 't;o Y (SEAL) = NOTARY PUBLIC FdLIDAI Residing at: u PUBLIC Commission Expires: _ ��ii •.....• ��ION WateNwonoE111- lent ''IxotMARY1� ItFs GRANTEE: CITY OF MERIDIAN Tammy d d, Mayor AKpst by C4& Coles, City Clerk Approved By City Council On: _ STATE OF IDAHO, ) : ss County of Ada ) V/ 5 / ;�Y7 oc�a�a�rerJ � u�'U5. ,G r Cityof IDIAN-, IDAlip SEAL On this 6 day of 20 �, 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 Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR 1DAkO Residing at: �,OAI Commission Expires: �3 • �ZaU a 2 -- Water Main Easement REV. 08/15/ 16.doc *FOX 6,,j LAND SURVEYS EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT 1515 S. SHOSHONE ST. BOISE, ID 83705 208.342.7957 www.foxiandsurveys.com A parcel of land within Lot 3, Block 2 of Paramount Square Subdivision, according to the official plat thereof, filed in Book 109 of Plats at Page 15586, records of Ada County, within the Southeast Quarter of the Southeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows. COMMENCING at the at the Northerly corner common to Lots 2 and 3, Block 2 of Paramount Square Subdivision, also being the Southerly right-of-way of West Archerfield Street, monumented by a found mag nail, thence along the boundary of said Lots 2 and 3, South 00023'20 West, 163.18 feet to the corner common to Lots 2, 3, 6, and 7, of said Block 2, monumented by a found mag nail; Thence along the boundary of said Lots 3 and 6, North 89°36'11" West, 17.50 feet to the Westerly edge of an existing cross access, utility, sewer, and water easement, as described in Note 11 of said Paramount Square Subdivision, and to the POINT OF BEGINNING; Thence continuing along the boundary of said Lots 3 and 6, North 89°36'11" West, 23.38 feet; Thence North 45°23'20" West, 20.95 feet; thence North 00°23'20" West, 75.78 feet; thence South 89°29'57" West, 20.28 feet; thence North 00°24'07" West, 20.00 feet; thence North 89°29'57" East, 20.29 feet; thence North 00°23'20" West, 7.12 feet; thence North 00°27'37" West, 24.76 feet; thence North 89°35'53" East, 20.00 feet; thence South 00°27'37" East, 24.77 feet; Page 1 of 2 17069 -WATER -EASEMENT. docx FOX 1W LAND SURVEYS thence South 00°23'20" East, 94.62 feet; thence South 45°23'20" East, 4.06 feet; 1515 S. SHOSHONE ST. BOISE, ID 83705 208.342.7957 www.foxiandsurveys.com thence South 89°59'31" East, 15.60 feet to the Westerly edge of said existing cross access, utility, sewer thence along said existing easement, South 00°23'20" West, 20.44 feet to the POINT OF BEGINNING. Containing 3,523 square feet or 0.081 acres, more or less. Refer to the attached "EXHIBIT B" Survey Map. Any modification of this description shall render it void. END OF DESCRIPTION Prepared by: Tim J. Fox, PLS 17069 -WATER -EASEMENT. docx Page 2 of 2 EXHIBIT B WATER EASEMENT WITHIN LOT 3, BLOCK 2 OF PARAMOUNT SQUARE SUBDIVISION 3 T4N, R1 E BM, ADA COUNTY, IDAHO ; A 17'7 W __ I,�__—�,�--_-�d–_ W_'d----`•'___.___ki.-. W._—�—w—w—w—w_ W_. ARCHERFIELD — _PAT.LS4347n STREET 3 3 O O O O POC SIDEWALK N89°35'53"E T 3 20.00' _----- l 10 -FOOT WIDE o LANDSCAPE AND P.U.E. EASEMENT. SEE NOTE 1 w� I W OF PARAMOUNT a l SQUARE SUBDIVISION, `' 1. m co 1 r I l l BK 109, PG 15586 S00°23'20"E 7.12'01, 0 1 I I 35 -FOOT WIDE CROSS N89°29'57"E ACCESS, UTILITY, 20.29' wr' z�."; I SEWER &WATER wr' ". ;� a EASEMENT. SEE NOTE 1 I I I 11 OF PARAMOUNT j 1 , SQUARE SUBDIVISION, "IM N00°24'07"W 1 I a I BK 109, PG 15586 20.00' ; I I (0 W 3.7' = �+. - rl � 3 S89°29'57'W 1 1 20.28' 1 01 co I l 1 iN N N a O 1 (4.06' � � 01 CD U)BUILDINGNLo 01PROPOSED WATER Zi EASEMENT°2320"ES89°59'31"E I w 15.60' —T -I W ®i�YSo i o I a a w N89°36'11 "W } 23.38' POB 7 LAND ON89°36'11'W 17.50' /K 9rF 0 F 77/��THY Fo 30 15 o 30 s0 FOX LAND SURVEYS INC. SCALE: 1"=30' (208) 342-7957 17069 -SKETCH. DWG Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the "DIGESTER 4 CLEANING" project for a Not -To -Exceed amount of $100,000.00. 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 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 $100,000 Clint Dolsby / Adam Jennings If yes, has policy been purchased? Pipeline Inspection Services, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3510 53101 10886 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 11/28/2017 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved November 29, 2017 I. PROJECT INFORMATION 11/28/2017 7/30/2018 N/A FY18 11/29/2017 Waste Water DIGESTER 4 CLEANING V. BASIS OF AWARD 11/16/2017 November 22, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Only one (1) bid received. Goodstanding PWC-C-15828 3/16/2018 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Adam Jennings / Clint Dolsby Date: 11/29/2017 Re: December 5 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 5 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the “DIGESTER 4 CLEANING” project for a Not-To-Exceed amount of $100,000.00. Recommended Council Action: Award of Bid and Approval of Agreement to Pipeline Inspection Services, Inc. for the Not-To-Exceed amount of $100,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. AGREEMENT FOR CONTRACTED SERVICES DIGESTER 4 PROJECT# 10866 THIS CONTRACT FOR PUBLTC WORKS CONSTRUCTTON is made this 28th dayo, November,2017, and entered into by and between the city of Meridian, a municipat corporalion organized under the laws ol the state of ldaho, hereinafter referred to as"CITY', 33 East Broadway Avenue, Meridian, ldaho 83642, Services, hereinafter referred to as "CONTRACTOR", whose bus 3023 and whose Public Works Contractor License # is pW INTRODUCTION and Whereas, the City has a need for services involving cle anino of dio TERMS AND CONDITIONS 1 . Scope of Work: 1.1 CONTRACTOR shall perform and lurnish 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 ti ed ,,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 iimitation electronic dati 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 Jor any purposes whatsoever and to authorize others to do so. lf 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 royaltyjree, 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 lhis Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor and Pioeline lnspection iness address is P.O. Box -15828. ters WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration ol the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: DIGESTER 4 CLEANING Project 10866 page 1 of 12 2 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices lor the profession or profess-ions that are used in performance of this Agreement and that are in effect at the time ofperformance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the contractor and any reports or opinions prepared or issued as part ol the work performed by the contractor under this Agreement, conlractor makes no other warianties, either express or implied, as part of this Agreement. 1..4 services and work provided by the contractor at the city's request underthis Agreement will be perlormed in a timely manner in accordance with a Schedule ofWork, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. Consideration 2-1 The contractor shalr be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $100.000. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred jor services provided during the billing period, which the city will pay within 30 days of receipt ol a correct invoice and approval by the city. The city will not withholdany Federal or State income taxes or Social Security Tax lrom any payment made by City to Contractor under the terms and conditions ol this Agreement. payment ofall taxes and other assessments on such sums is the" sole responiibility ol Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the city any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renierings or mockups- Specifically, Contractor shall not be entitled by virtue oithis Agreement to consideration in the form of overtime, health insurance benefits, r6tirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3,1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b1 or uniess sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A_ 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notif ication to Conlractor. DIGESTER 4 CLEANING Project '10866 page 2 ol 12 3.3_ should cityfail to pay contractor al or any part of the compensation set forthin Exhibit B of this Agreemenr on the date due, contracror, ai the contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days lrom the date payment is due. Liquidated Damages: Upon receipt of a Notice to Proceed, the Contractor shall have 20 (twenty) calendar days to complete the work as described herein. contractor shall be li;ble to the City lor any delay beyond this time period in the amount ol $5O0.OO (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 ll, through any cause, CONTRACTOR, its officers, employees, or agents lails to fulfill in a timely and proper manner its obligations underthis Agreemen-t, violates any ol 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 olher acl of misconducl in the performanc6 o-t tnis contract, or if the city council determines that termination of this Agreement is in the best interest of clrY, the clrY shall thereupon have the right tolerminate this Agreement by giving written nolice to CONTRACTOR ol sulh termination and specifying the eflective date thereof at least fifteen (15) days before the ellective date of such termination. CONTRACTOR may terminate ihis agreement at any time by giving at least sixty (60) days notice to ClTy. ln the event of any termination of this Agreement, all linished 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 ClTy by virtue ol any breach of ihis Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the eiact 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 i1s liability to the CITY for damages. DIGESTER 4 CLEANING Project 10866 page 3 of 12 4. lndependent Contractor: 6.1. .ln all matters pertaining to this agreement, coNTRACToR sha be acting as an independent conlractor, and neither CONTRACTOR nor any officer, emplo-yeeor agent of CONTRACTOR will be deemed an employee oi Ctty. Excepi asexpressly provided in Exhibit A, contractor has no authority or responsibiiity toexercise any rights or power vested in the city and therefore has no authority tobind or incur any obligation on behalf of the citi. The selection and designation ofthe personnel o, the crrY in the performance of this agreement shal b;made bythe CITY. 6.2 contractor, its agents, officers, and emproyees are and at al times during theterm of this Agreement shall represent and conduct themselves as indepen"dent contractors and not as employees of the City. 6.3 contractor shall determine the method, details and means of performing thework and services to be provided by contractor under this Agreement. contr;ctorshall be responsible to city only for the requirements and risults specified in thisAgreement and, except as expressly provided in this Agreement, shall not besubjected to city's control with respect to the physicai action or activities ofcontractor in fulfillment of this Agreement. ll in the performance of this Agreement any,third persons are emproyed by contractor, such persons sha[ be eniirery andexclusively under the direction and supervision and control of the contractor. Removal of Unsatisfactory Employees: The co_nrractor shalr only furnish employees who are competent and skilled for work under this contract. lf, in the opinion of the city, an empioyee of the conrractor isincompetent or disorderry, refuses to perform in accordance with the terms andconditions of the contract, threatens or uses abusive language while on cityproperty, or is otherwise unsatisfactory, that employee shall be removed from ailwork under this conlract. lndemnilication and lnsurance: 7 8 8 'I CONTRACTOR shall indemnily and save and hold harmless ClTy and it's ected off icials, off icers, employees, a gents, and volunteers lrom and for any and all osses, claims, actions, judgments I or damages, or injury to persons or property and losses and expenses and oth er cosls including litigation costs and attorney's fees, arising out of , resulting fro m, or in connection with the performance ol thisAgreement by the CONTRAC TOR, its servants, agents, officers,employees,guests, and business invitees,and not caused by or arising out of the tortious conduct of CITY or its employee s.C ONTRACTO R shall maintain.and s o ecilicallv a0rees rh at it will maintain.throuohout the term of this Aoreement.liabilitv insurance, in which th e CIT Y shall be named an additional ins ured i n the minimum amo n as follow General Liability One Million Dollars ($1 ,000,000) per incident nce One Million Dottars (91,000,000) peror occurrence, Automobile Liability lnsura DIGESTER 4 CLEANING Project 10866 page 4 o, 12 6. incident or occurrence and workers' compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitationof the covenants to indemnity and save and hold harmless ClTy; and if ClTybecomes liable for an amount in excess oJ lhe insurance limits, heiein provided,coNTRAcroR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages orinjury to.persons or property and other costs, including litigation costi andattorneys' fees, arising out of, resulting from , or in connection with theperformance of this Agreement by the contractor or contractor's officers, employs,agents, representatives or subcontractors and resulting in or attributable-topersonal injury, death, or damage or destruction to tangibli or intangible property, including use of. coNTRACToR shail provide c-rry with a bertiiicate otlnsurance, or other proof of insurance evidencing coNTRACToR's compriancey!!! tne requirements of this paragraph and fire iuch proof of insurance with theclrY at least ten (10) days prior to the date contractoi begins performance ol it,s obligations under this Agreement. ln the event lhe insurance minimums are changed, coNTRAcroR shall immediatery submit proof of compriance with thechanged limits. Evidence of all insurance shall be submitted to the city purchasing Agent with a copy to Meridian City Accounting, g3 East Broadway Avenue] Meridian. ldaho 83642. 8.2 ofn DIGESTEB 4 CLEANING Project '10866 lnsurance is to be praced with an rdaho admitted insurerwith a Best's rating o less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declaredin writing and approved by the city. At the option of the city, either: the insurershall reduce or eliminate such deductibres, self-insured retentions or namedinsureds; or the contractor shal provide a bond, cash or retter o{ creditguaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, contractor's rnsurance coverage shallbe primary insurance regarding the city's elected olficers, officials,employees and volunteers. Any insurance or ielf-insuiance maintained by the city or the city's elected oflicers, officials, employees and volunteers shall be excess oithe contractor's insurance and shall not contribute with contractor's insurance except as to the extent of City's negligence. 8.5 The contractor's insurance shafl appry separatery to each insured againstwhom claim is made or suit is brought, except with respect to the rimits of theinsurer's liability. t_9 Arr insurance coverages for subcontractors shal be subject to aI of thernsurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shal not rimit the riabirity of thecontractor and contractor's agents, representatives, emproyees or subcontractors. page 5 of 12 9. Time is ol the Essence: 1t. 12. 13. The parties hereto acknowledge and agree that time is stric y ol the essence with respect to each and every term, condition and provision hereof, and that the lailure 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. Bonds: Payment and Performance Bonds are required on a[ pubric works rmprovement Projects per the ISPWC and the city of Meridian supplemental Speciiications &Drawings to the ISPWC, which by this reference are made a part hereof. contractor is required to furnish laithful perlormance and payment bonds in the amount of 100% of the contracl price issued by surety licensed to do business in the state ol ldaho with a Best's rating ol no less than A-. ln the event that the contract is subsequently terminated for failure to perlorm, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years f rom the date ol the city of Meridian acceptance per the lspwc and the Meridian. Supplemental Specifications & Drawings to ihe ISpWC and any modilications, which by this ref erence are made a part hereof . All items found to be defective during a warranty inspection and subsequentry corrected will require an additional two (2) year warranty from the date of city,l acceptance of the corrected work. Changes: The CITY may, from time to time, request changes in the Scope of Work to beperlormed hereunder. such changes, incruding any increase or decrease in theamount of CONTRACTOR'S compensation, which are mutually agreed upon by andbetween the clrY and coNTRACToR, shal be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Taxes: The city of Meridian is exempt from Federal and state taxes and will execute therequired exemption certificales Jor items purchased and used by the city. ltemspurchased by the city and used by a contractor are subject to Use Tax. All othertaxes are.the responsibility of the contractor and aie to be included in tlreContractor's Bid pricing. page 6 of 12 10. DIGESTER 4 CLEANING Project 10866 14. Reports and lnformation: '14.1 At such times and in such forms as the crry may require, there shal be furnished to the clrY such sratements, records, reports,'data and information as the CITY may request perlaining to matters covered by this Agreement. 14 2 contractor shafl maintain a[ writings, documents and records prepared or compiled in connection with the performance of this Agreemenl for a minimum olfour (4) years from the termination or compretion oi this or Agreement. This includes any handwriting, typewriting, printing, photo static, photogiaphic and every other means of recording upon any tangible thing, any lorm of c-ommunication orrepresentation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and lnspections: At any time during normar business hours and as often as the crry may deemnecessary, there shall be made available to the clry for examination all olcoNTRACToR's records with respect to all matters covered by this Agreement.coNTRAcroR sharr permit the crry to audit, examine, and make eicerpts ortranscripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions ol employment and other datarelating to all matters covered by this Agreement. 16. Publicalion, Reproduction and Use ol Material: No material produced in whole or in part under this Agreement shall be subject tocopyright in the united states or in any other country. The clry shali have unrestricted authority to publish, disclose and otherwise use, in whole or in part, anyreports, data or other materials prepared under this Agreement. 17. Equal Employment Opportunity: ln performing the workherein, contractor agrees to comply with the provisions ofTitle vl and vrr of the civir Rights Act, Revenue sharing Act Titre 3i, u.s. codesection 2176. specifically, the contractor agrees not to discriminate against anyemployee or appricant for emproyment because or race, coror, rerigion, sei, nationarorigin, age, political affiliation, marital status, or handicap. co-ntractor 'will takeaffirmative action during emproyment or training to insure tnat empioyees aietreated without regard to race, coror, rerigion, sex, nationar origin, Jgei poiiti;aralfiliation, maritar status, or handicap. rn performing the worf requii"i'n"r"in,coNTRACTOR shail not unrawfuily discriminate in vio-iation or any tetera[ st"te o,local law, rure or reguration againsi any person on the oasis of rade, cot"; ;bio;,sex, national origin or anceslry, age or disability. DIGESTER 4 CLEANING Project 10865 page 7 ol 12 24. DIGESTER 4 CLEANING Project 10866 Payment Request: Payment requests shail be submitted to city of Meridian through the city,s projectmanagement software. The project Manager wiil compare thJinvoice alaiiisiinePayment schedule in the Agreement for cdmpriance. ufon approvar that the workhas been done and is in compriance with the Agreement,-the erolect Manager wirt 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. rt has received independent legal advice from its attorney's or th! opportunity to seek such advice. 19. Attorney Fees: should any litigation be commenced between the parlies hereto concerning thisAgreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court cosls and reasonable attorneys'fees as determined by acourt of competent jurisdiction. This provision shall be deemed to be a sepaiite contract between the parties and shall survive any delault, termination or forieiture of this Agreement. 20. ConstructionandSeverability: ll any_ part ol this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part ol this Agreement so lon-g asthe remainder of the Agreement is reasonably capable of com-pletion. 21. Waiver ol Default: waiver of default by either party to this Agreement shall not be deemed to be waiverof any subsequent default. waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or iubsequent breach,ind shallnot be construed to be a modification of the terms ol this Agreement unless thisAgreement is modified as provided above. 22. Entire Agreement: This Agreement contains the enrire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to iheexecution hereof or contemporaneous herewith. 23. Assignment: It. is.expressry agreed and understood by the parties hereto, that coNTRACToR shall_not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent oj Ctfy. - page 8 ol 12 26. 27. approve the pay request for processing. city of Meridian payment terms are Net 30from the date city receives a correct invoiie. Final payment will not be released until the City has received a tax release from the Tax Commission. Cleanup: contractor shall keep the worksite clean and free from debris. At completion olwork 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 bemade if cleanup has not been performed. Order ol Precedence: The order or precedence shall be the contracr agreement, the lnvitation for Biddocumenl, then the winning bidders submitted bid document. Compliance with Laws: ln performing the scope of work required hereunder, coNTRAcroR shafl comprywith all applicable laws, ordinances, and codes of Federal, State, and localgovernments. Applicable Law: This Agreement sharr be governed by and construed and enrorced in accordancewith the laws of the state of ldaho, and the ordinances of the city ol Meridian. Notices: Any and all notices required to be given by either o, the parties hereto, unressotherwise stated in this agreement, shall be in writing and be ;";;Jcommunicated when mailed in the United states mail, ceiified, ,eturn ,ecepirequested, addressed as follows: CITY CONTRACT9R City ol Meridian ptpEf-f f.fE ffrf pSECT;ON SERVCES Purchasing Manager Attn: Richard Mason 33 E Broadway Ave p.O. Box 3023 Meridian, tD 83642 Nampa, tD 83653208-489-0417 phone: 208_573-4671 Email: pipeline@pipelineinc.us ldaho Public Works License #pWC-C-1S828 Either party may change their address for the purpose of this paragraph by givingwritten notice of such change to the other in the manner herein pro'vid'ed. ' " DIGESTER 4 CLEANING Prolect 10866 page I ol 12 25. 28. 29. 30. Approval Required; This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIA BY: l�y�-vim TAMMY de W E D, MAYOR Dated;_. ) C- / � / 0)2l Approved by Council:_ , Attest: __Z JAG*48h'E-o, CITY CLERK G 5�`l C04 Purchasing Approval KEITH TS, Purchasing Manager Dated:: , �/�/7 Project Manager Clint Dolsbv DIGESTER 4 CLEANING Project 10866 PIPELINE INSPECTION SERVICES` - BY ERVICES- BY: ►-C Pei S,-11 PRINT NAME: Dated: f /- / 1 fO%ko-SEAL ?EDAUG�sl 0 r k -r w E IDIAN%- A -,I Depa 1 ent Appr vel BY: i= W EN STEWA City Engineer Dated:: ."I- _ I page 10 of 12 EXHIBlT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1802.10886 ALL ADDENDUMS, ATTACHMENTS, AND EXH|BITS inctuded in the lnvitation to Bid Package # pw-1902-10gg6, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shail be done in accordance with the Technicar Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS NAME BY Carollo Engineers (3 of pases) TECH N ICAL S P EC I FICATIONS by tr/ou ntai n Waterworks (4 of pages) a a DIGESTER 4 CLEANING Project 10866 page 11 of 12 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation lor this Agreement shall not exceed g.100,000 DIGESTER 4 CLEANING Prolect 10866 MILESTONE DATES/SCHEDULE Milestone l Final Completion 20 Days f rom Notice to Proceed PRICING SCHEDULE ggllllllrylyqgsjyIis!ing all labor, mareriats, equipment, and incidenrats as required for rheDIGESTER 4 CLEANING proiect per tFB WW-1802-10886 NOT TO EXCEED CONTRACT TOTAL $100J00 Con tsract na toot xe Lamceeduont.itemne ct n bel o ube sed ops overiricati an nd an vdadniroalnrocreasesdreecansesrkwoubestedcahreqvcentractoroityobasednpv UA ntcaatu ir ste eacol h mte ot rko tn accord ncea h he ntco dract o cu m nts Contract Pri Schedule Item No.Desc ion Qua Unit Unit Price 1 Mobilization 1 LS 510,000 2 Digester Cleaning & Dewaterin s 1 L5 s80,000 3 1 LS s10,000 page 12 ol 12 tnvotce The City Demobilization City Of !&.idian Detaifed Statement of Revenues and Expenditures - Rev and Exp Report - (eith Report 3510 - nw t!€.tDtrt Platrt 60 - Eaterpri.. Fund Eron 10/1/201'l Throuqh 9/30/2018 Unposted Transactlons Incfuded In 5 3101 0000 NON-DEPARTMENTAL TOtAl OPERATING COSTS Budqet rith Cu!rent Year ActuaI Budget Remaining Percent of Budget Remaining 390,000.00 0.00 0 .00 36,943 . 7 3 100,00* 0 .00t 35 943 -73 TOTAL EXPENDITURES Dafe. Ll/16/11 0t:53:39 Pl.1 OPERATING COSTS Plant Maintenance 390,000.00 {36.943.73) 353,055.27 36,943 -13 353,056 -21 ______3-9-q,_q-q-q-_q-o 390,000.00 90.539 90.53r BI D R E S U L T S S i g n e d B i d B o n d X X At t e s t : S a n d r a R a m e r i e z DU E D A T E & T I M E : N O V E M B E R 2 , 2 0 1 7 2 : 3 0 BI D N U M B E R : W W - 1 8 0 2 - 1 0 8 9 6 BI D N A M E : D I G E S T E R 4 & 5 C L E A N I N G Al t e r n a t e 1 BI D A M O U N T $9 0 , 0 0 0 . 0 0 $1 0 0 , 0 0 0 . 0 0 Op e n e d b y : K e i t h W a t t s VE N D O R Pi p e l i n e I n s p e c t i o n DU E D A T E & T I M E : N O V E M B E R 2 , 2 0 1 7 2 : 3 0 Bond# 2263017 AIA Document 4312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable OWNER (Name and Address): City of Meridian/Purchasing Dept. 33 E. Broadway Ave. Ste. '106 Meridian, lD 83642 CONSTRUCTION CONTRACT Date: November 28, 2017 Amount: $100,000.00 Description (Name and Location)r Digester 3 & 4 Cleaning/Project# 10866 BON D Date (Not earlier than Construction Contract Date): November 28, 2017 Amount: $100,000.00 Modifications to this Bond: X None SURETY CompanyCornpany SURETY (Name and Principal Place of Business) North American Specialty lnsurance Company 650 Elm Street Manchester, NH 03101 See Page 3 (Corporate Seal) North American S alty lnsuran CompanyPipeline lns , lnc Sagnature: Name and rL tSignature: Name and Mary aqurer rn act (Any additional signatures appear on page 6) (FOR INFORMATION ONLy - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post lnsurance P.O. Box 8447 Boise, lD 83707 AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT B OND. DECEMBER 1984 ED . AIA' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE'. N'W ' WASHINGTON. D C' 20006 THIRD PRINTING . MARCH 1987 A3r2-1984 1 h x THE AMERICAN INSTITUTE OF ARCHITECTS CONTRACTOR (Name and Address): Pipeline lnspection Services, lnc. P.O. Box 3023 Nampa, lD. 83653 CONTRACTOR AS PRINCIPAL (Corporate Seal) N/A I The Contraclor and the Surety, jointly and severally. bind themselves, their heirs, execulors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 lf the Conlractor performs the Construction Contract, the Surety and the Conlractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 lf there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owners has notified the Contractor and the Surety at its address described in Paragraph 10 below thal the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. lf the 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 nol waive the Owne/s right, if any, subsequenlly to declare a Contraclor Default: and 3.2 The Owner has declared a Contractor Oefault and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1i and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract v,/ith the Owner. 4 When the Owner has satistied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, lo perform and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contraclors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract lo be prepared for execution by the Owner and lhe contractor selected with the Owner's concurence, to be secured with performance and payment bonds execuled by a qualilied surety equivalent to the bonds issued on the Construclion Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractois defaulti or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 Afler investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owneri or .2 Deny liability in whole or in part and notiry the Owner citing reasons lherefore. 5 lf the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifleen days afrer receipt of an additional written notice from lhe Owner to the Surety demanding that the Surety perform ils obligalions under this Bond, and the Owner shall be entitled to enforce any remedy available lo the Owner. lf the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses lhe payment tendered or the Surety has denied liability, in whole or in pa(, without further notice lhe Owner shall be entilled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractols right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be grealer than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.'l The responsibilities of the Conlractor for correction of defective work and completion of the Construction Contract: 6.2 Additional legal, design professional and delay crsts resulting from the Contracto/s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if nol liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of lhe Contractor that are unrelated to lhe Construction Contract, and the Balance of the Contract Price shall nol be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 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. 9 Any proceeding, legal or equitable, underthis 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 Conlractor Default or within two years afrer the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. lf the 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. nn oOCUUeXT mrz . PERFORMANCE BONO AND PAYMENT BOND ' OECEMBER 1984 ED ' AIA ' THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE . N W ' WASHINGTON. D C 20006 THIRO PRINTING. MARCH 1987 A312-1984 2 l0 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. ll When this Bond has been fumished to comply with a statulory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intenl is that this Bond shall be conslrued as a statutory bond and nol as a common law bond. ,I2 DEFINITIONS 12.1 Balance of the 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 insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company:(Corporate Seal) SURETY Company (Corporate Seal) Signature Name and Title Address: AIAOOCU ENTA3i2. PERFORMANCE BONDAND PAYMENT BONO. DECEMBER 1984 EO 'AIA' THEAMERICAN INSTITUTE OF ARCHITECTS, l735NEWYORKAVE.,NW WASHINGTON, D C 20006 THIRD PRINTING. MARCH 1987 A312-r984 3 Signature: Name and Title: Address: 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes lhereto. 12.3 Contractor Oefault: Failure of the Contraclor, which has neilher been remedied nor waived, to perform or olherwise to comply with lhe terms of the Construction Contract. MODIFICATIONS TO THIS BONO ARE AS FOLLOWS: THE AMERICAN INSTITUTE OF ARCHITECTS Bond# 2263017 AIA Document 4312 CONTRACTOR (Name and Address) Pipeline lnspection Services, lnc. P.O. Box 3023 Nampa, lD. 83653 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable SURETY (Name and Principal Place of Business) North American Specialty lnsurance Company 650 Elm Skeet Manchester, NH 03101 OWNER (Name and Address): City of Meridian/Purchasing Dept. 33 E. Broadway Ave. Ste. 106 Meridian, lD 83642 BOND . oate (Not earlier than Construction Contract Date): November 28, 2017 Amount: 5100,000.00 ModiFrcations to this Bond: E None CONTRACTOR AS PRI PAL (Corporate Seal)(Corporate Seal) Pipeline lns ces, lnc North American S ialty lnsu Corpfldrry Signature: Name and Signature I Name and T e: Mary aqurer , Attorn (Any additional signatures appear on page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other Party): Post lnsurance P.O. Box 8447 Boise, lD 83702 N/A -ln-F AIA DOCUMENT A3l2 . PERFORMANCE BOND ANo PAYMENT BONo. DECEMBER 1984 ED .AlA' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE ' N W WASHINGTON, D,C. 20006 THIRD PRINTING. MARCH 1987 43l2-1984 4 CONSTRUCTION CONTRACT Date: November 28, 20'17 Amount: $'100,000.00 Description (Name and Location): Digester 3 & 4 Cleanang/Project# 10866 X See Page 6 SURETY Company:Company: L Il llThe Contractor and the Surety, jointly and severally, bind themselves, their heirs, execulors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor; 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnilles and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notilied the Conlractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, lo the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed, and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectlyi and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, slating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 lf a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, wilh a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay o( arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this 8ond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 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 accepling this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for lhe completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or olherwise have obligations to Claimants under this Bond. l0 The Surety hereby waives notice of any change, including changes of time, lo the Construction Contract or to related subcontracls, purchase orders and other obligations. 1l No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, ot (21 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) flrst occurs. lf the 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. '12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to lhe address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sutficient compliance as of the date received at the address shown on the signature page. 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 requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUiiEflr A312 . PERFORMANCE BONO AN0 PAYMENT aOND . DECEMBER 1984 ED . AIA ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N,W , WASHINGTON. D C, 20006 THIRD PRINTING. IrIARCH 1987 A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond 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 equipmenl used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15,2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Conslruclion Contract or to perform and complete or comply with the other terms thereof. When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and ihe basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable time, but not more than '120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL Company:(Corporate Seal) SURETY Company (Corporate Seal) Signature Name and Title Address: AIA DOCUMENT A3l2 . PERFORMANCE BONo AN O PAYMENT BOND . DECEI4BER 1984 EO ' AIA' THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE ' N W, WASHINGTON, D C 20006 THIRD PRINTING . IIIARCH 1987 A312-1984 6 Signature: - Name and Title: Address: MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: NAS SURETY GROUP NORTH AMERICAN SPECIALry INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company. a corporation duly organized and existing under laws ofthe Slale ofNew Hampshire, and having its principalollice in the City ofManchester, New Hampshire, and Washington lntemational lnsurance Company. a corporation organized and existing under the laws ofthe State ofNew Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make. constitute and appoint: TERRY S. ROBB. WILLIAM F, POST. and MARY JAQUIER Its true and lawful Attorney(s)-in-Fact, to make, execute, scal and deliver, for and or1 its behalfand as its acl and deed. bonds or othe, writings obligatory in the nature ola bond on behalfofeach ofsaid Companies. as surety, on contracts ofsuretyship as are or may be required or permitted b) law, regulation. contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amounr of: FIFTv MILLIoN ($50,000,000.00) DoLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of Directors ofboth North American Specialty lnsurance Company and Washington Intemational lnsumnce Company at meetings duly called and held on the 96 ofMay, 2012: "RESOLVED, that any two ofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assislant Vice President the Secretary or any Assistant Sec.etary be, and each or any ofthem hereby is authorized to execute a Power ofAttomey qualifying the attomey named in the given Power of Attorney to execute on behalfofthe Company bonds, undertakings and all contracls of surety, ald that each or any oflhem hereby is authorized to attest to the execution ofany such Power of Attomey and to attach therein the seal ofthe Company; and it is FURTHER RESOLVED, that the signalure ofsuch oflicers and the seal ofthe Company may be aflixed to any such Power of Attomey or to an) certificate relating thercto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future wilh regard to any bond. undertaking or contracl ofsurety to which it is atlached." Ilt Sl$Tn P. andcBor, S.nior Vi.. Pr6ldcni of*rrhlnlror l .rn.rlon.l lrruar.cConp.nr & S.nior vlc. P6id.nt oI Nonh Am.rl.rr Sp.rl.ltv lnrnrc.Comprnt 8\ JOINTLY OR SEVERALLY & S.nior Vi.. PBid . ol Nodh rlmri... Sp..i.lo lnrun... Conp.nt IN WITNESS WHEREOF, North American Specialty lnsurance Company and Washington Intemational lnsurance Company have caused their SEAI- official seals to be hereunto aflixed, and these presents to be signed by their authorized omcers this 2zlllday of Norlh Americrn Specialt) Insurance (lomprny \Vashington International lnsursnce Company September ,2015 M. Kctrny, Notlry Put'lic State oflllinois County ofCook On this 22nd dav of September , 2015 . before me, a Notary Public peEonally appeared --S19ye!-8.-4!d9!!q!L, Scnior Vice President of \\OFFCIAL SEAL M XENNY NOTANY PUBLIC, STAIE OF ITIINOS MY Co$M|S$ON EIP1RES 12.04/2017 ,.flo Cnldb.rs, vre P6i.k ! & AsBl&l Sdr.rry ol W.shrgro. l .h.to.tt InsuM.. Coopuy & Nonh Am.nce Sp6rllry lnsur ce Conpmy Washington lntemational lnsurance Company and Senior Vice President ofNorth American Specialty lnsurance Company and MichaelA. Ilo . Senior Vice President of Washington lntemational lnsurance Company and Senior Vice President ofNonh American Specialty lnsurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power ofAnomey as ofllcers ofand acknowledged said instrument to be the voluntary acl and deed oftheir respeclive companies. l, Jeffrev Goldbere . the duly elected Assistant Secretarv ofNo(h American Specialty Insurance Company and Washington lntemational Insu.ance Company, do hereby certiry that the above and foregoing is a true and corrEct copy ofa Power ofAftorney given by said North American Specialty lnsurance Company and Washington lntemational lnsumnce Company, which is still in lull force and efFect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this -Ldav of November ,20 l7 //*"-':' SEAL oiQo' CERTIFICATE NUMBER:2017-2018 t + COVERAGES REVISION NUMBER: DAIE IXI/DO/YYYY) rLlL7 / 2OL7 cate holder is an ADOITIONAL INSURED, rhe policy(ies) must bs ondorsed. lf SUBROGATION lS WAIVEO, subjoct to ths terms and conditions of the policy, certain polici€s may require an endorsemsnt, A stalament on this cortilicato does not confer rights to the certificatG holder in li6u of such endorsement(s) IMPORTANT: lf the certifi PROOUCER Poat Insurance Services, Inc. 2717 W. Bannoch St'. P. O. Box 84{7 Boi:a ID 9370? ITSUREO Pj.p€Iine Inglr€ction S€rvic€s, Inc Mad River D€welopment LLC PO Box 3023 Nampa ID 83653 rNsuRER(S) AFFOROTNG COVERAGE TNSURER A :Nauti lug Insurance Colnpany rNsuRER B Acuity TNSURERc:Idaho State Insuranc€ Fund INSURER O; INSURER E: IISURER F I fiI, No): ( 2oB) 34a-0651 L7370 1418 4 [ffi!"r. agalble0poatins . coto caDble 36-5600 fi!|[fcr mysr,ia lJ81"E.e,,r (2oB ) s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO IA/}IICH THIS CERTIFICATE MAY BE ISSUED OR I\4AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES Lll,,llTS SHOW\ MAY HAVE BEE REDUCED By pAtD CLAtMS. INSR ADOL SIJBRLiR TYPE OF Ii\SURANCE rNsp wD POLICY EFF POLICY E)(P IMIIi/DD/YYYYI IITIM/OO/YYYYI EACH OCCURRENCE I DImGETO RENTEO I PREMISES (E5 o.oir6nc6) 7/30/2011 1/3o/2018 MEo E (P (&!y d€ p€..o.t) 2, 00o, ooo 100, oo0 s,000 2, 000 , 000 a,000,ooo r,o00,000 ECP201a95411 5 s $ A $ x $ GENEFA! AGGREGATE PROOUCTS. COMP/OP AGG X COMMERCIAL GENERAL LIABILITY CLAIMS,MADE X OCCUR x EcPloo{,.8cP2001 GEN'L AGGREGqTE LIiIITAPPLIES PER pouc" x 5lc"j Loc OTHER PERSONAL A ADV INJURY I ALt O\M,IED I auros x_ xrneo autos x ca7214.CA7241 COMBINEO SINGTE LIMIT {E 4SCg{rrl EOOIIYINJURY (P€r p€.son) BoolLY INJURY (P€r acddri) PROPERTY OAMAGE(Pd.Ededl K98411 B x s x s $ AUIOMOBILE LIABILITY 't /30/20L7 7 /30/2OtBSCHEDULEO AUTOS NON,OVlNEO AUTOS x occua CLAIMS.I/IAOE 1, 00o, ooq 1, ooo, oooK9841! RETENTiON S $ $ $DEO I/1/ORKERS COMPENSATION AND EM PLOYERS' LIA6IIIIY ANY PROPRIETOR/PARINER,EXECUIIVE OFFICER/MEMBER EXCLUDED? EL EACHACCDET.TT jt E L, DISEASE. EA EMPTOYEE I E L DISEASE. POLICY LIMIT t 644591 x ER c 1/r/20r1 1/t/2OtA 1 000 STATUTE 0OFSCRIPTION OF OPFEATloN A Professional Li:rbility A Tlanspoltation lj.a.bility 8CP201895411 ECP201895411 1/30 /2011 7 /30 /2011 1, Ooo,ooo 1, ooo, ooo OESCRIPI1ON OF OPERAnONS / LOCATIONS / VEIIICLES (ACORD I O'1, Addlllq.l R.D..t. Sch.dol., n.y b. .n.ch.d t mo. !p.c. l. 6quhd) RE: Digoster 3 6 { Cl€anj.ng, Proj€ct *10856 CERTIFICATE HOLDER CANCELLATION (208 ) 887 -4 813 City of Meridian Purchasing Departeent 33 E Broadway, Ste 106 Meridia, ID 93642 SHOULD ANY OF THE ASOVE DESCRIAED POLICIES BE CANCELLED AEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVEREO IN ACCORDANCE WTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATVE Alyshia Gamlcle/Ac A %a^'a' -&u^ ' L'z' - O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) lNS025 (2o14ol)tThe ACORO name and logo are registered marks of ACORD I CERTIFICATE OF LIABILITY !NSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLOER. I i 1,000,000 UMARELLA L|AA g X e,cass a " , EACH OCCURRENCE 7 /30/20:.1 7/30/20L8 accRFGArE 1,000,ooq 1, 000 , 000 ?/30/201s i,1,Cro,Coo A0Er.!6ro timit I ?/30/201s ia,cr@,Coo AlEr.lstc Limit I ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully 1 ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following ENVIRONMENTAL COMBINED POLICY ln consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. I covenaces eARTS A AND B - GENERAL LtABtLtry I covenlce D - coNTRAcroRS poLLUTroN LrABrLrw SECTION lll - WHO lS AN INSURED is amended to include as an insured , with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such wriften contract or writlen agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: UNdET COVERAGE A BOOILY INJURY AND PROPERTY OAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured, or b. Your work performed for such person(s) or organizations(s) and included in the producE-complstsd operations hazard. 2 Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insuredi or b. Your work performed for such person(s) or organizations(s) and included in the products-completsd operations hazard. VMth resPect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so agreed in a written contract or wrifien agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Page I of 1 Pipeline lnspection SeNic€s, lnc.Policy # ECP20189Y11 ECP 1004 08 16 Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Subrecipient/Beneficiary Grant Agreement with Ada County for Meridian Police Department Receipt of Homeland State Security Program funds from Idaho Office of Emergency Management MEETING NOTES �yI "V Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT NO. SUBRECIPIENTBENEFICIARY GRANT AGREEMENT THIS SUBRECIPIENT/BENEFICIARY AGREEMENT (the "Agreement") is made .and entered into this 1EYn day of D e Ce tY b1 r U , by and between Ada County, a duly formed and existing County pursuant to the laws and Constitution of the State of Idaho, as a Subrecipient of the Idaho Office of Emergency Management, ("County") and City of Meridian (`Beneficiary"). WITNESSETH: WHEREAS, County is authorized and. required by Idaho Code § 46-1.009 to maintain a County wide disaster preparedness agency; WHEREAS, in furtherance of those duties County has received grant # 2016 and 2017 Homeland State Security Program. (SHSP) grant from the pass-through entity Idaho Office of Emergency Management ("IOEM") for the purpose of implementing strategies to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from natural and other catastrophic events, a copy of which is attached as Exhibit WHEREAS, County desires to build and sustain regional core emergency management capabilities across the prevention, protection, mitigation, response, and recovery mission areas, more specifically set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and County concurs that regional core capabilities and capability targets are not exclusive to any single level of government or organization, but rather require the combined efforts of the whole community. WHEREAS, Beneficiary desires to enter into this Agreement with County to build and sustain regional core emergency management capabilities while ensuring compliance with state and federal grant requirements. NOW, T HEREthe parties agree as follows: 1. CAPABILITIES PURPOSE. County and Beneficiary agree that project funding and distribution will be based on building or sustaining high priority regional core capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Beneficiary shall allow use of grant purchased equipment in support of emergency management functions, consistent with existing mutual aid_ or resource sharing agreements, for any local government member of Ada City County Emergency Management ("ACCEM") or their various public or private sector partners with emergency management missions. SUBRECIPIENT/BENEFICIARY AGREEMENT -1 2. APPLICATION. County agrees to authorize Beneficiary to apply to County for project funding to build or sustain regional core capabilities to include planning, training, exercises; and equipment. Beneficiary shall utilize the Ada. County Grant Project Application (GPA) form, as provided by County, and Beneficiary will include core capability targets (measurable objectives) for each request. All completed GPAs will be submitted to Ada County Emergency Management. The Director will review GPA for completeness and forward to the Emergency Management Exectutive Council and Ada County Board of County Commissioners for consideration. 3. COMPLIANCE WITH TERMS OF GRANT. Beneficiary shall comply with the Standard Terms of Conditions of Exhibit A for so long as Beneficiary is possessed of property purchased with funds provided pursuant to this Agreement. This covenant shall survive the termination of this agreement. 4. TERM. This Agreement is to be effective for the period beginning on the date of execution of this Agreement through September 30, 2018. This agreement may be renewed for three additional one fiscal year terms by a mutually executed writing. 5. DEFAULT. Upon default, the County or Subawardee may cancel this Agreement without any notice and may pursue any and all legal, equitable, and other available remedies. Default occurs if the County or Subawardee fails to perform any of the covenants, conditions, or services of this Agreement and such defects in performance are not cured within ten (10) working days after receipt of written notice of default. 6. INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that the relationship between the County and Beneficiary hereby created is that of an independent contractor, and this agreement is not deemed one for employment of Beneficiary by the County. As such, it is understood and agreed that the County is not responsible for social security, retirement, or other employment benefits or obligations on behalf of the Beneficiary. 7. STATUS REPORT. Beneficiary agrees to keep County informed of Beneficiary's progress against the core capability targets throughout the term of this Agreement in a manner and at such times as both Beneficiary and County shall agree. 8. CONFIDENTIALITY. Both parties agree to maintain confidentiality of all information utilized or gained in performing the Contracted Services to the extent such information is exempt from disclosure under Federal or State law, roles, or regulations. SUBRECIPIENTBENEFICL4RY AGREEMENT - 2 9. FISCAL RECORDS. Beneficiary agrees to maintain all fiscal records, including its books, audit papers, documents, and any other evidence of accounting. procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, for a period of three (3) years from the date of submission of the final expenditure report submitted by the IOEM. These records shall at all reasonable times be available for and subject to inspection, review, or audit and copying by the County and any person duly authorized by the County. 10. VIOLATION OF AGREEMENT OR GRANT TERMS. When federal, state or County audits indicate noncompliance by the Beneficiary to meet the applicable federal regulations or state rules, the Beneficiary shall return or refund and pay to the IOEM any equipment/asset acquired, plus costs, including audit costs, arising from the Beneficiary's ineligible or improper receipt or use of federal funds. 11. NOTICES. If notice shall be required under any terms of this Agreement, notice shall be sent by certified mail to: County: Ada County 200 W. Front Street Boise, ID 83702 Beneficiary: City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 12. SINGLE AUDIT ACT. Beneficiary agrees to comply with the provisions of OMB Circular A-1.33 which sets forth audit requirements of states, local governments, and non-profit organizations. 13_ COMPLETE AGREEMENT, This Agreement is the full and complete agreement of the parties hereto. This Agreement may be modified or amended only if such modification or amendment is in writing and subscribed to by both County and Beneficiary. SUBRECIPIENT/BENEPICIARY AGREEMENT - 3 14. USE, MANAGEMENT, AND DISPOSITION OF PROPERTY PURCHASED UNDER THIS AGREEMENT. The Beneficiary hereby agrees to comply with the Standard Terms & Conditions set forth in Exhibit A and the below regulations regarding use, management, and disposal of Property purchased under this Agreement: a. Definitions: i. "Equipment," as defined in 2CFR: 200.33 means tangible personal property (including information technology systems) having a useful life. of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non -Federal entity for financial statement purposes, or $5,000. ii. "Capital assets" as defined in 2 CFR 200.12 means tangible or intangible assets used in operations having a useful life of more than one year which are 'capitalized in accordance with GAAP. Capital assets included: (a) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease -purchase, exchange, or through capital lease; and (b) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). iii. "Computing devices" as defined in 2 CFR 200.20 means machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or "peripherals") for printing, transmitting and receiving„ or storing electronic information. iv. "General purpose equipment" as defined in 2 CFR 200.48 means equipment which is not limited to research, medical, scientific or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. v. "Information technology systems" as defined in 2 CFR 200.58 means computing devices, ancillary equipment, software, firmware, and similar procedures, services (including support services) and related resources. SUBRECIPMNT/BENEFICI.ARY AGREEMENT - 4 vi. "Special purpose equipment" as defined in 2 CFR 200.89 means equipment which is used only for research, medical, scientific, or other technical activities. Examples of special purpose equipment include microscopes, x-ray machines, surgical instruments, and spectrometers. vii. "Supplies" as defined in 2 CFR 200.94 means all tangible personal property other than those defined in § 200.33 Equipment..A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non -Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. b. Use. i. Equipment must be used by the Beneficiary in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the Beneficiary must not encumber the property without prior approval of the Federal awarding agency. See 2 CFR 200.3I3(c)(1). ii. Equipment must be made available, during the time that the equipment is used on the project for which it was acquired, for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non -federally -funded programs or projects is also permissible. User fees should be considered if appropriate. See 2 GFR 200,313(c)(2). iii. Beneficiary must not use equipment acquired with Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains -an interest in the equipment. See 2 CFR 200.313(c)(3). iv. When acquiring replacement equipment, the Beneficiary may use the equipment to be replaced as a trade-in, or sell the property and use the proceeds to offset the cost of the replacement property. Replacement Equipment shall be subject to the same restrictions and covenants as are provided in this Agreement. SUBRECIPIENTIBENEFICIARY AGREEMENT - 5 v. Upon termination of this agreement through default or other earlier termination; the Beneficiary shall return to County all Property /Equipment purchased with grant funds. c. Management Requirements; i. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property ii. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. County will distribute to Beneficiary a copy of its last property report for Beneficiary's reconciliation and update. The reconciliation including condition and location of all Equipment must be provided to the Ada County Director of Emergency Management promptly after completion, but in any event by December 31 of the calendar year.in which the task is to be completed. iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. The Director of the Ada County Emergency Management Department shall .conduct random audits at such times as, he or she may designate for compliance with the terms of this Agreement. The Director of the Ada County Emergency Management Department may conduct other audits with the permission of the Board of Ada County Commissioners. Beneficiary shall comply with all reasonable audit requests of the Director of the Ada County Emergency Management Department. iv: Adequate maintenance procedures must be developed to keep the property in good condition. At all times relevant herein, Beneficiary shall be responsible for maintaining Property/Equipment in good and operating condition. v. If Beneficiary is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. SUBRECIPIENT/BENEFICiARY AGREEMENT - 6 d. Disposition. When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non -Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: i. Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency. ii. Except as provided in § 200.312 Federally -owned and exempt property, paragraph (6), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per- unit fair -market value in excess of $5,000 may be retained by the Beneficiary or sold. The County is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the County's percentage of participation in the cost of the original purchase. If the equipment is sold, the County may permit the Beneficiary to deduct and retain from the County share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. See 2 CFR 2.00.313(c)(5). The County will forward all funds received from Beneficiary as a result of equipment sale or other disposition to the awarding agency. 15. INDEMNIFICATION. Beneficiary shall defend, indemnify, and hold the County, its officers, agents, and employees harmless for all claims, losses, actions, damages, judgments, costs, expenses, and/or injuries to persons or property arising out of or in connection with any activities, acts, or omissions of Subawardee, its officers, agents or employees. In the event County is alleged to be Iiable on account of any activities, acts, or omissions of Beneficiary, its officers, agents or employees, then Beneficiary shall defend such allegations through counsel chosen by County and Beneficiary shall bear all costs, fees, and expenses of such defense, including, but not limited to, all attorney fees and expenses, court costs; and expert witness fees and expenses. SUBRECIPIENT/BENEFICIARY AGREEMENT - 7 16. CHOICE OF LAW: This Agreement and its performance shall be construed in accordance with and governed by the laws of the'State of Idaho, with venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. 17. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. DATED the day and year first above written. Board of Ada County Commissioners By: David L. Case, Commissioner Jim Tibbs, Commissioner Rick Visser, Commissioner ATTEST: Christopher D. Rich, Ada County Clerk SUBRECIPIENT/BENEFICIARY AGREEMENT - 8 Benefic Name: Title: STATE OF IDAHO ) ss. County of Ada ) —�- �n this cJ d of �P�CCM� , 201 before me, a notary public, personally appeared I aVY�l�1 e, W W— —V -a r , known or identified to me to be the person whose name is subscribed to the within instrument, and ac owledged to me that he/she executed the same. •'••••s" ••.• Z, -NW0- "Alt ry I L&L2 0 ' Notary Public for Idaho Commission ExpiresOF "ao Q�,O�: a me SUBRECIPIENTBENEFICIARY AGREEMENT - 9 Exhibit A AGREEMENT NO. 01 No. 1621-5/4 4R Idaho Office of Emergency Management yam,, 201.6 Subrecipient Agreement JPrnavROTEC-r �L for Resporm 1 Ada County -9 ND Ste. " Dake oF`Awrard August -S, 2016 1. Subrecipiept',Nameand Address " 2. Prepared by: Gooks, 7ulfe 3. Award Number. 16SHSPOGI J.4. Feder l°Gr>atrtitirifntmation Federal Grant Title. State Homeland Security Grant Program Ada County 7200 Barrister Dr. Federal'GrantAward Number/CFDA Number: €MW -2016 -SS -0028-501 / 97.067 Boise, ID 83704 Federal Granting Agency; Grant Programs Directorate Federal Emergency Management Agency 11:S. Department of Homeland Security 5. 'Award Arstountand Grant Breakdowns Subrecipient DUNS: G9203I4S9 2016 State Homeland Security Program Award Amaunt This Action:!$49.9,549.D0 Performance Period: Total Award AMOUnt. 499/54940 Sep 1, 2016 through Aug 31, 2018 G. Requirements:. This Subaward is approved subject to such conditions or [imitations as are set forth on the following pages of this document and in the General Terms and Condltlons sent: to support the State Homeland Security Grant Program. This is a not a Research & Development Subawaed• Submdplents must give the Idaho Office of Emergency Management (IDEM), Department of Homeland Security (DHS) and auditors access to and the right to examine and copy records, accounts, and other documents and sourrns of Information related to the grant and permit access to Facilities, personnel, and other individuals and Information as maybe necessary, as required by OHS regulations and other applicable laws or program guldance. The Subreclplent certifles. that the subreciplent and Its' contractors/vendors arc not presently debarred, suspended, proposed for debarment, declared Ineligible or voluntar0y excluded by any federal department or agency and do not appear in the Debarred and Suspended list ath :/lwww.sam.nov. The Subreciplent certifies compliance with the 2CFR200 Subpart F — Audit Requirements and Idaho State Code 67=4508 — Independent Financial Audits of Local Governmental Entitles --Filing Requlrements. Acceptance of subaward certified compliance with requirements detailed above. 7. Indirect.CoSta: In accordance with 2CFR200, a subredpient may charge Indirect costs to the program through the utilization of a cogntzant approved Indlrecf cost rate. Sybreciplents that have never had a. negotiated Indirect cost rate may elect to charge a de minIn" rate of 10% of modified total direct costs which may be used Indefinitely. 8. f ftiincy AFProvaI Approving 10EM Official: Signature of IDEM Official: Brad Richy Idaho Office of Emergency Management Date: (208)25 8-6501 �l 9: Su6reaip�eatAcoetanee - i have read and understand the attached Terms and Conditions. Signature certifies compliance with requirements detailed on subaward subrecipient agreement. Fruit name and title of Authorized Subreciplent official: Signature Authorized Sub -Recipient Oficial: � I� ►'ter ��" �.5, �' �Ct f it rn-�� n ..� 11. Enter Employer Identification Number (EIN) J Federal Tax Identifica n umber: 12. Date Signed 13. DUE DATE; r Signed award must be returned to IDEM an or before the -above due. date. AGREEMENT NO. MEMORANDUM OF UNDERSTANDING Between The.State of Idaho, Office of Emergency Management and Ada County Regarding State Use of 2016 State Homeland Security Grant Program Funding 1. Parties. The parties to this Agreement are the State of Idaho, Office of Emergency Management and Ada County, referred to as subrecipient. 2. Authority. This agreement is authorized under the provisions of Idaho Statute: TITLE 46, CHAPTER 10. 3. Purpose. The purpose of this Agreement is to set forth terms by which the Idaho Office of Emergency Managementshall expend State Homeland Security Grant Program (SHSP) funds on behalf of the subrecipient. On August S, 2016 the United States Department of Homeland Security issued grant number EMW-2016 5S -0028-S01 to the State of Idaho. Under this grant award, the State of Idaho, Office of Emergency Management must allocate grant funding to local jurisdictions. Under this grant award, the subrecipient may authorize the Idaho Office of Emergency Management to obligate and pay for equipment purchases and allocate training program costs, provided that the subreclpient and the Idaho Office of Emergency Management enter into an agreement on the matter. 4. Responsibilities. a. Idaho Dolce of Emergency Management: The Idaho Office of Emergency Management will provide fund management for equipment to be purchased at the local level so long as the equipment purchase fits within the scope of the grant and is authorized. Obligations and payments may be made for the period of this grant award and any extensions of this grant award. The Idaho Office of Emergency Management will also provide training program fund management by allocating the cost of training courses offered by or taken by the subrecipient that are within the scope of the grant and are authorized. b. Su'brecipients: The duly authorized subrecipient official has read and understands the 20,16 Homeland Security Grant Program description and application. As the authorized representative, he or she hereby .authorizes the Idaho Office of Emergency Management to obligate and expend 2016 Homeland Security Grant Program funds -for allowable equipment purchases and training program execution on behalf of the subrecipient. 5. Approving Official. Idaho Office of Erriergency Management .Subrecipient Brad. Richy Ada County 4040 Guard Street, Bldg. 600 200 W. Front Street Boise, ID 83705 Boise, ID 83702 (208) 422-3040 6. Other Provisions. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of Idaho or any subre.cipient jurisdiction. If a. term of this agreement is inconsistent with such authority, then the term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7. Effective nate. The terms of this agreement will become effective upon signing by the parties. S. Modification. This agreement may be modified upon the mutual written consent of the parties. 9. Termination. The terms of this agreement in its original form, or if modified with the consent of both parties, will remain in effect until the end of the grant. Either party upon 30 days written notice to the other may terminate this agreement. Approved BV: ALVrized Subrecipient 0€ficiai Brad Richt' Idaho Office of Emergency Management f Date r. - Fiscal Year 2016: Standard Terms and. Conditions The FY 2016 Standard Terms and Conditions apply to al I new Federal financial assistance awards funded after December 26, 2014. When continuation awards are funded with FY2016 funds, the terms and conditions under which the original award was administered will continue to apply. DHS financial assistance subrecipients must complete either the OMB Standard Form 424B Assurances —Non -Construction Programs. or OMB Standard Frim 424j2 ,Assurances — Consirtion Programs as ap` liZ cable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency, Please contact the financial assistance office ifyou have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at2 C_F,,R_ Part 200and adopted by DHS at 2 C_F.R. Pari 3012. DHSS eecific Acknowledgements and Assurances All subredipients must acknowledge and agree -and require any contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Subrecipients must cooperate with any compliance review or complaint investigation conducted by DHS or IBHS. b. Subrecipients must give DHS, IBHS and auditors access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program. guidance. C. Subrecipients must submit timely, complete, and accurate reports to the appropriate IBHS officials and maintain appropriate backup documentation to support the reports. d. Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the subrecipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the subrecipient must provide a list of all'such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including Iimited English proficiency), sex, age, disability, religion, or familial status against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination, subrecipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Ackno_wleclgernent_of loo eral-Fundine frorp iZHS All subrecipients must acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Pap 4 OF 11 IT. Activities Conducted Abroad All subrecipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. M. Arse Discrimination Act of 1975 All subrecipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S_C. &5101 et sect.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. IV. Americans with Disabilities _Act -of 1990 All subrecipients must comply with the requirements of Titles I, IT, and III of the Americans with Disabilities Act, which prohibits subrecipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213]. V. Best Practices for C-211egfion and Use gf per,5onallyidentifinhig inf ation(PIT) All subrecipients who collect PIT are required to have a publically-avail able privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their P1I corrected where appropriate. Award subrecipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Quidance and Privacy template respectively. VI. Title VI of the Civil Rights Act of 1994 All subrecipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d�et sea.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in., be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VII. Civil Rights Act of 1968 All subrecipients must comply with Title V111 ofthe Civil Rights Act of 1968, which prohibits subrecipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex 42 U.S.C.._3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) — be designed and constructed with certain accessible features (see 24 CFR § I00.201). VIII. �gi M All subrecipients must affix the applicable copyright notices of 17 U.S.C. S 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. IX. Debarment and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R.Part 180. These regulations restrict awards; subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drug -Free Workplace Regulations All subrecipients must comply with the Drug -Free 6orkplace Act of 1988.(412 U.S.C._§-7_(il_et_.seri.), which requires that all organizations receiving grants from any Fedetal agency agree to maintain a drug-free workplace. These regulations are codified at 2_CFR CFR_ 3001. XI. J?uulicatian of Benefits. page 5 OF 11 Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and 'conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non -Federal entity from shifting costs that are allowable under -two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. XII. Education_ Amendments of 1972 �aua1 Oppnrtllnity in Education Agtl- Title IX All subrecipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provide that no person in the United States. will, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17, and 44 C.F.R. Part 19. All subrecipients must comply with the requirements of 42 U.S_C. §6201 which contain policies relating to energy efficiency that are defined in thestate energy conservation plan issues in coriipliance with this.Act. XIV. False Claims Act and r►rogram Fraud Civil Remedies All subrecipients must comply with the requirements of 31 U,S.C. §3729 which set forth that no subrecipierit of federal payments shall submit a false claim for payment: See also 38_U.S.C. § 3801-3812. which details the administrative remedies far false claims and statements made. XV. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129. All recipients are encouraged to adopt and enforce policies that -ban teat ntessaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. XVII. Fly America Act of 1974 All subrecipients must comply with Preference for U.S. Flag Air Carriers:. (air carriers holding certificates under 49 U.S.C_§ 4110 for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Farr Competitive Practices Act of 1974 (49 U.S.C. §40I 181 and the interpretative guidelines -issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-13$942. A I 1,1011IMMOMIIldfM T i'i:�3 'illi In accordance with Section 6 of the Hotel and Motel Fite Safety Act of 1990, 15 U.&C. §2225x_ all subrecipients must ensure that .all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. F.OMMMIT, 'iI M MR ' T ti •1 ,. All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial.assistance take reasonable steps to provide meaningful access to persons with limited English proficiency {LEP} to their programs and services: For additional assistance and information regarding Ianguage access obligations, please refer to the DHS recipient Guidance https://www.dhs.gov/guidance-published-help-departmentsupported-organizations=provide-meaningful-access-people limited and additional resources on hM:llwww.lep.gov. XX. Lolbyjrnp_ Prohibitions All subrecipients must comply with 31 U.S.C. S 1352, which provides that none of the funds provided under an award maybe expended by the subrecipient to pay any person to influence, or attenipt to influence an officer or employee of any agency, a Member of Page 6 (IF 11 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. XXI. Nan-SuRplanting Reguirement All subrecipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Where Federal statues for a particular program prohibits supplanting, applicants or subrecipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual,Prnl2erty rights Unless otherwise provided by law, subrecipients are subject to the v -26-512,as amended, and codified in 35 U.S.C. section 2Q0 et sea. All subrecipients are subject to the specific requirements governing,the development, reporting and disposition bfrights to inventions and patents resulting from financial assistance awards are in37 C.F.R. Part 401 and the standard patent rights clause in 3Z Q.t., seegligo 401.14. XXIIL Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R_ Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. XIV. a. Reporting of first-tier subawards. 1. Applicability. Recipient (ISHS), unless exempt as provided in paragraph d. of this award term, must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). The entity is the Idaho jurisdiction provided a subaward. 2. Where and when to report. i. The recipient must report each obligating action described in paragraph a.I. of this award term to htip://tivuivfsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. The recipient must report the information about each obligating action that the submission instructions posted at lilip:/fipiv)v fsrs.gov specie. b. Reporting Total Compensation of Recipient Executives. 1. Ipplicability and what to report. The recipient must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, the recipient received— (A) $0 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Pane 7 OF 11 to report: 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation flings at http.lAvipw.sec.gov/answers/execomp. him.) 2. Where and when to report, The recipient must report executive total compensation described in paragraph b.1. if this award term: i. As part of your registration profile at https.IAmw.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subreclpient Executives. 1. ,lpplicwbillty and what to report. The recipient unless exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, shall report the names and total compensation of each of the . subrecip'ient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if is in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more ofits annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $.25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and il. The public does not have access to information about the compensation ofthe.executives through periodic, reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 ofthe Internal Revenue Code of 1986. (To determine if thepublic has access to the compensation information, see the U.S. Security and Exchange Commission total compensation flings at htip:lfwi�nv. sec. gavlansiversIexecorxp. ht+nhp ) 2. There and when to report. You must report subrecipient executive total compensation described in paragraph c.l . of this award term: L To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October I and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements. 1. .Subawards, and 2. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award terns: 1. Enlity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; entity. v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal 2. Executive means officers, managing partners; or any other employees in management positions. Page 8 OF 11 3. Subaward.• i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _ 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"), iii. A subaward maybe provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the "recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipienes preceding fiscal year and includes the following (for more information see 17 CFR 229.402(G)(2)): i. Salam, and home. ii. Awards ofstock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement repotting purposes with respect to the fiscal year in accordance with the Statement ofFinancial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. above -market earnings on deferred carrrpensation. which is trot iax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XXV. SAFECOM All subrecipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXVI. Terrorist Financing E.O. 13224 All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. XXVII. Traffikking Victims Protection Act of 2000 All subrecipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (7YPA) of 2000, as amended (22 U.S.C. 8 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is provided at 2 C.M § 175.1 XXVIII. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, Page 9 OF 11 which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied.the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. ! U. !ll t r aE .! a If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Fed eraE assistance office exceeds 510,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Terni and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XH, the full text of which is incorporated here by reference in the terms and conditions of your award. XXX. System of Award Management (SAM) and Universal Identifier a. Requirement for System of Award Management (SAM) Unless you are exempted from this requirement under 2 CFR 25"110, you as the subrecipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. b. Requirement for Unique Entity Identifier If you are authorized to make subawards under this award, you: - l _ Must notify potential subrecipients that no entity (see definition in paragraph C of this award tern) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. e. Definitions For purposes of this award term: 1. System ofAivard Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient or subrecipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http:1Ainvw.sam.gov)_ 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, SubpartC: i. A Governmental organization, which is a State, local government; or Indian Tribe; ii. A foreign public entity; iii. . A domestic or foreign nonprofit organization, iv. A domestic or foreign for-profit organization; and entity. v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal 4. Subcnvard• i, This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. H, The terns does not include your procurement of property and services needed to carry out the project or program (for further explanation; see 2 CFR 200.330). iii. A subaward may be provided through any legal agreement, including an agreement that Page 10 or EI you consider a contract. 5. Subrecipient means an entity that: L Receives a subaward from you under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. XXXI. LISA Patriot Act of 200] All subrecipients must comply with the requirements of the Uniting and Strengthening America by Provi&ngAppropriale Tools Required to h7tercepi and Obstruct Terrorism Act (LSSA PATRIOT Act), which amends 18 U.S.C. y§§ 173-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXIL .Use of DHS Seal. Logo and Flags All subrecipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXIII. Whistleblower Protection Act All subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 2409.41 -U—S.-C-4.71 and _10_U.S.C.?324._4__1_U.S.C. 4304 and 4310. Pegg I1 Or 11 AGREEMENT NO. ADA COUNTY RIDER TO 2016 SUBRECIPIENT AGREEMENT WITH IDAHO OFFICE OF EMERGENCY MANAGEMENT It is expressly agreed by Idaho Office of Emergency Management ("IOEM") and Ada County ("County") that this Rider issupplemental to the 2016 Subrecipient, Agreement (one page), Which is by this reference made part hereof, and all the terms, conditions, and provisions thereof, unless modified herein, are to apply to this Rider and are made a part hereof as though they were expressly rewritten, incorporated, and included herein. In the event of any conflict, inconsistency, or incongruity between -the provisions of this Rider and any of the provisions of the Subrecipient Agreement, the provision of this Rider shall in all respects control and govern. IDEM expressly acknowledges and agrees that this Rider supersedes the text in Section. 5 that purports to state the Performance period of the Agreement. The provisions, terms and conditions of the Agreement, shall be and are hereby clarified, amended, modified, altered, and changed as follows: 1. TERM The initial term of the Subrecipient Agreement shall commence on October 1, 2016, through and including September 30, 2017. The County may, solely at its option, and when and if it duly budgets and appropriates funds therefore from revenues legally available to it for the ensuing fiscal year, renew the Agreement and this Rider for an additional annual Renewal Term that shall commence on. October 1 of the fiscal year following adoption of the budget as provided hereinabove and shall terminate on September 30 of the following calendar year. This provision supersedes any provisions to the contrary in Section. 5 of the Subrecipient Agreement. IN WITNESS WHEREOF, the parties hereto have made, executed and delivered this Rider Agreement this day and year. DATED this � day of , 2016. Idaho Office of Emergency Management By: --�� Title: ADA COUNTY RIDER TO SUBRECIPIENT AGREEMENT WITH IDAHO OFFICE OF EMERGENCY MANAGEMENT — PAGE 1 DATED this r6f day of C.� , 2016. Board of Ada County Commissioners s � By: JintXbbs, Commissioner By: — a-14 L 0 W.0 Rick. Yzaguirr Commissioner By: D vjd L, Case, Commissioner ATTEST: Christopher D. Rkh, Ada County Cleric ADA COUNTY RIDER TO SUBRECIPIENT AGREEMENT WITH IDAHO OFFICE OF EMERGENCY MANAGEINMNT — PAGE 2 jW1, ,ode County 7200 Barrister Dr. Bdse. ID 83704 Idaho Office of Emergency Managemetit 2017 Subreciplent Agreement for Ads County R. I"nsAAnsd by: Rood, 'ederat Grarr=Titla: °a&W Grant Awstd NtunbamMA Number: adoral GmOw Agamp S. Award Ifinnher 17SHSPM aaEitfnforr no fforatlW4 5eiuft Grant Prewem )HS -17 -GPD -W-00-01 f9 xw ;real Programa Dkmlmwe isdwW Emeig&%j AlarmparneatAgenty I.S. Departmcnl pl Hmmb W Somay Subreclplent Unique identmer: 992031489 2017 State Homehind Secufity Program AwraMAmaunf7'ftlteA0= $!aZ147.00 Performance Period: Toter Arvard Arnounr. 35[lz,ta7-00 Sep 1, 2017 through Aug 31, 2019 G. R 6erpmrde: TrYs 9uherart is +FprDrad a+�byeal m Uch cwx itima or MAMLioaa as are SSI kxrh d! tre inm"ft Pagu Of Ofit cadre 1 and in V"G WMW Tums and Con*Wm "a to suppat the SLOW flomsteerd SOMMO Draw Prinwi . Tris kt A qx a Retwich a M.VL*mwnt S"award. Subnodpiants ag" W* idatn ofto d Eff wp r y mom wrjw (10EK Depwi nart rd H mww S +rN1' (AHS) wo er�&tara access b and Orae pVw 10 ffnmkw =a 4a" maDml w0gi ft, am Dow e00i.nw r5 ww twin d 4ifarmaffimt Mw" m ON IT&V and palmfa acnaa 4 rwcikbve, parrDrrmk irld olhsr&sdMduais mW kdbrnetim as rmrbe nDmdw y. im requmo by E)ii5 mgLdabons w%d Ww "p:ca,Ns laws at PMW a putdIa. Thal Subradplax Pa& wa Ora[ tM et M and A' e*&Ckft6 UWM are not prasantly debwMd, tuspDndad. pmpo"d fmdebam�ent, dedtaad or vdun4ray atdadad by any fadaral deparrmerd or - and - nmt appear vi Orr pabimad sr,d swpwwod lits o1 he .rte Tho &sbrecpienf aeraltst rwnpkime rtN aN 2CFR2W Subpar F - ADDa Raquimmw t wnd Idatfo Stla Cada 6745M - Ifte paMIM Flnmrdal Audita of Lowl GDvarn ".An d Enteas--F Wg k*gWams46. Atwp1a0M of R"ward COMM samplianoa w4h ra4wemIMM damdW aowo, ?'.M* gCardac In *M*4wM vft2CFi;Pee.a - ....................... teQnmbr,6 Pray [10% d LW b ela =Ste s -M rra =See alltiLalket Dia Crspnizmntappiovad ilaalraet Coit rtlis. SLMeapien8 RW haVa flaMer had a raapatlfrad bidrsd owl rau Bray eiad fi dwr4a A ds rrn�lerea nada W lt)% or moQrriad IWat Aavri a»ttr may be vatd inda5nitty- Approving MEM Wdia: SkInaturs of comm of8ciei: --- Bract Richy Idaho Office of Emergency Management Dow; (208) 258-650.1 I have read tutd undwatend lite aftched Tatma snit Cortrtklcn& Sipnawr. txrt%" 4dnWftn=,w ith.reWirwaarRs daUUad on tuba rrd MM starve and We of Auttmrisad SSM aftlz s; re AuthodtW Sutt-itet=pisrd off: David L. Case, Chairman Board of Ada County Commissioners 14. Enter Empfoyar ktentlik di m Number (ENQ I Fadere)Tax fdandffeation Number. 82-6600277 1 C" 13. DW DATE: VMM Signed award must be mhMwd to MEM an or before the above due dd*- Attested: by Phil MaGrane, Chief Do" A-GREEMENT NO. 121 17 MEMORANDUM OF UNDERSTANDING Between The State of Idaho, Office of Emergency Management And Ada County Regarding State Use of 2017 State Homeland Security Program Funding 1. Parties. The parties To this Agreement are the State of Idaho, Office of Emergency Management and Ada County, referred to as subrecipient. 2. Authority. This agreement is authorized under the provisions of Idaho Statute: TITLE 46, CHAPTER 10. 3. Purpose. The purpose of this Agreement is to set forth terms by which the Idaho Office of Emergency Management shall expend State Homeland Security Grant Program (SHSP) funds on behalf of the subrecipient.. On July 1, 2017 The United States Department of Homeland'Security issued grant number DHS-17-GPD-067-OQ-01 to the State of Idaho. Under (his grant award, the State of Idaho, Office o#: Emergency Management must allocate grant funding to local jurisdictions. Under this grant award, the subrecipient may authorize the Idaho Office of Emergency Management to obligate and pay for equipment purchases and allocate training program costs, provided that the subrecipient and the Idaho Office of Emergency Management enter into an agreement on the matter. 4. Responsibilities. a. Idaho Office of Emergency Management; The Idaho Office of Emergency Management will provide fund management for equipment to be purchased at the local level so long as the equipment purchase fits within the scope of the grant and is authorized. Obligations and payments may be made for the period of this grant award and any extensions of this grant award. The Idaho Office of Emergency Management will also provide training program fund management by allocating the cost of training courses offered by or taken by the subrecipient that are within the scope of the grant and are authorized. b. Subrecipients: The duly authorized subrecipient official has read and understands the 2017 State Homeland Security Program description and application. As the authorized representative, he or she hereby authorizes the Idaho Office of Emergency Management to obligate and expend 2017 State Homeland Security Program funds for allowable equipment purchases and training program execution on behalf of the subrecipient, 5. Approving Official. 166 -Office of Emergency Management subrecipient Brad Richy David L. Case, Chairman 4044 Guard Street, Bldg. 600 Ada County 20i] W. Front St. Boise, ID 83705 Boise, ID 83702 (.208)287-7000 (208) 422-3040 6. Other Provisions. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of Idaho or any subrecipient jurisdiction. If a term of this agreettient is inconsistent with such authority, then the term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7. Paint of Contact. The point of contact for Ada County regarding eniergency management is; Doug Hardman, Director Ada County 7200 Barrister Dr. Boise, ID 83704 SO Effective Date. The terms of this agreement will become effective upon signing by the parties. 9. Modification. This agreement may be modified upon the mutual written consent of the parties. 10. Termination. The terms of this agreement in its original form, or if modified with the consent of both parties, will remain in effect until the end of the grant. Either party upon 30 days written notice to the other may terminate this agreement. A ved b f� avid L. Case Ada County Date I C..'-- 19 Brad Richy Date Idaho Office of Emergency Management Fiscal Year 2417: Standard Terms and Conditions The FY 2017 Standard Terms and Conditions apply to at] new Federal financial assistance awards funded in FY 2017. DHS financial assistance subrecipients must complete either the OMB Standard Form 424.5 Assurances -- Non -Construction Proerams—or O.MB Standard_ ES1EM 424D Assurances — Construction Programs as applicable Certain assurances in these documents may not be applicable to your program, and the AHS financial assistance office may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions. DHS financial assistance subrecipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200_ and adopted by DMS at 2 C.F.R. Part 3002. DHS Sncciflc Acl:naw]ldgements and Assurances AN subrecipients must acknowledge and agree -and require any contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff a. Subrceipients must cooperate with any compliance review or complaint investigation conducted by AHS or Idaho Office of Emergency Management (,OEM). b. * Subrecipients must give DHS, TOEM and atiditors access to and the right. to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. c, subrecipients must submit timely, complete, and accurate reports to the appropr€ate IOEM officials and maintain appropriate backup documentation to support the reports. d. Subreeipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e, If, during the past three years, the subrecipient his been accused of discrimination on the grounds of race, color, nationat origin (including limited English proficiency), sex, age; disability, religion, or familial status, the subrecipient must provide a list of all such proceedings, pending or completed, including outcome and copies of seitlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crclQhq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop -40190 Washington, D.C. 20528. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination, subrecipients must forward a copy of the complaint and findings to the DHS Component and the CRCL office by e-mail or mail at the addresses. listed above. The United States has the -right to seek judicial enforcement of these obligations I, Acknowledgement of Federal Fending from DHS All subrecipients must acknowledge their use of fedcral funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. H. Activities Conducted Abroad All subrecipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. ID. Agc Discriminatiai1lf( qd 1975 All subrecipients must comply with the requirements ofthe Age Discrimination Acr of 1975 (42 U.S.C. $6101 et sea), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance, u , i i ill] All subrecipients must comply with the requirements of Titles 1, 11, and Ill of the Americans with Disabilities Act, which prohibits subrecipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. $6 12101-122131. V. Rest Practices for_Coll_cctiorr and Ust ofutrsonally idenlitigblt in fumation (PIT) All subrecipients who collect PH are required to have a publically-available privacy policy that describes what PII they collect, how they use the PH, whether they share PEI with third parties, and how individualsmay have their PII corrected where apptopriatc. Award subrecipients may also find as a useful resource the DHS Privacy Impact Assessments; Pri_vacv Guidance_.. and Privacy tentolate respectively. VL Titl!_Vi of th! Civil Rights Act of 1964 All subrecipients must comply with the requirements of Title VI of the Civil Rights Act of 196402 _U.S.C. §2000d et sea), which provides that no person in the United States will, on the grounds of race, color, or national origih, be excluded from participation in, be dented the benefits of, or be subjected to discririmination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 G.F.R. Part 21 and 44 C,F.R. Part 7. VII. Civil Riphts Act of 1968 All subrecipients must comply with Title Yllf of rhe Civil Rights der of 1968, which prohibits subrecipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services to connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sox (42 U.S.C. b 3,601 etsea.), as implemented by the Department of Housing and Cuban Developmcht at 2 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -- i,e., the public and common use areas, and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) --be designed and constructed with certain accessible features (see 24 CFR § 100.201). VIIL Convrir_ht All subrecipients must affix the applicable copyright notices of 17U.S.C._$ 4QI or A02 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. UL Deharinent and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R.Part 180_ These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. POP40F6 X Drug -Free Worknlace Regulations Alf subrecipients must comply with the Drug -Free Workplace Act of 1988 ( ), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace, These regulations are.codified at 2 CEA 30.01. XL 15012lication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F_R. Part 200- SubnaTt E may not be charged to other Federal awards to overcome fund dcficiencics, to avoid restrictions imposed by Federal Statutes; regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non -Federal enttty.from shifting costs that are allowable under two. or more Federal awards in accordance with existing Federal statutes, regulations, .or the terms and conditions of the Federal award. XIL Education_ Amendments oLI972 (E-aval-Onvortualty in EducatimActI—_Tiile__iX All subrecipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U,S.C- § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational' program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C.F:R. Part 17 and 44 C.F.R Part 19. 1 ME=- IT : r : All subrecipients must comply with the requirements of 42 U.S_C._56201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. False Claims Act and oLgZrjM Eraud Civil RcmrJIes All subrecipients must comply with, the requirements of 31 U.S:C- $3729 which set forth that no subrecipient of federal payments shall submit a false claim for.payinent. See also 39 U,S.C. S 3801-3812 which details the administrative remedies for false claims and statements made. XV. Federal Debt Status All iecipienis are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129. XVI Federal Leadership on Reducing Text MgssaEinv while Driving All recipients are encouraged to adapt and enforce policies that ban.lekt messaging while driving as described in E,O. 13513, including conducting initiatives described in Section 3(a) ofthe order when on offic.ial'Government business or when performing any work for or on behalf of the federal government. XVIL Fly America Act R11224 All subrecipients must comply with Preference for U.S. Flog Air Carriers: (air carriers holding certificates under 49 U.S.C.$ 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the hiterna"tional Air Traitsporlation Fair Competitive PYaeticesAct of 1974[49 U.S.C. S 401181 and the interpretative guidelines issued by'the Comptroller General ofthe United States in the March 31, 1981,amend}nent to Comptroller General Decision B-13$942. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 52225aall subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. &2225. )IX. LiMit1d E9¢115h Proficiency [Civil Rights Act of 1964. Title VD All recipients must.comply with the ;rklc VI of the Civil Rights Act of 1964 (Title VI) prohibitian against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable sia0s to provide meaningful access to persons with limited English proficiency (LEP)to their programs and services_ For additional assistance and information regarding language access obligations, KI'aserefer to the DNS Recipient Guidance ttpsa/www.dhs.gov/guidance-published-help-departments upported-organizations-provide-mcar) ingful-access-pcop] c -limited and additional resoUCCCS on httn'//wwtv,leis.._eov. XX Lobbying Prohibitions All subrecipierits must comply with 152. S 1352. which provides that none of the funds provided under an award may be expended by the subrecipient to pay any person to influence, or attemptto influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. XX[ All subrecipients who receive awards made under programs that.prohibit supplanting by law mustensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources- ] itggmelltal Policy All siibrecipients must comply with the requirements of the National environmental Policv,4ct_ MPA) and the Council on Environmental Quality (CEQ) Regulations for implementing the Procedural Provisions of NEPA, which requires subrecipients to use all practicable means within their authority, and consistent with other esseritlal con$ideiations of national policy., to create and niaiittaiti conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XXIM Patents And Intellectual Pronerty Rights Unless otherviise provided by lay, subrecipients are subject to the Bavh-Dole Act Publ._i.._No_96,SI7: as amended, and codified in 3.5Ir.S_C. section 200�tsen a All subrecipients are subject to the specific requirements governing the development, reporting and disposition ofrights to inventions and patents resulting from financial assistance awards are in 37 C.F.R Part 401 and the standard patent rights clause J.n,37 C.F.R. section 401,14" All recipients must comply with Section 6002 ofthe _Solid Waste disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environinental Pratectien Agency (EPA) at40'C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent. with maintaining a satisfactory level of competition. XXV. Reporting Suhavvards and Exeentive Compensation 9. Reporting of first-tier subawards, 1. Applicability. Recipient ([OEM), unless exempt, as provided in paragraph d, of this award .term, must report each action that obligates $25,000 or more in Federat funds that does not include Recovery funds .(as defined in section 15I2(a)(2) df the American Recovery and Reinvestment Act of2009, Pub. L. I I I-$) for a subaward to an entity (see definitions in paragraph e. of this award term). The entity is the Idaho jurisdiction provided a subaward, Page 6 ora 2. Kere and when to report. i_ The recipient must report each obligating action described in paragraph a.1. of this award term to htip. 11mviu fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31i.2010.) 3. What to report. The recipient must report the information about each obligating action that the submission instructions posted athrrp;/%ivwapfsrs.govspecifv. b. Reporting Total Compensation of Recipient Executives. L Applicability and what to report. The recipient must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this award is 525,000 or more; ii. In the preceding fiscal year, the recipient received— (A) 80 percent or more of your annual gross revenues from. Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) 525,000,000or more in annual gross revenues from Federal procurement contracts (and subcontracts) Ind Federal financial assistance subject to the Transparency Act, as defined it 2 CFR 170.320 (and subawards); and iii. The public does not have access to- information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 CT S:C. 78m(a), 78o(d)) or section 5104 of the Internal Revenue Code of 1986. (To determine if the public. has access to the compensation information, seethe U.S. Security and Exchange Commission total compensation filings at lrttp:/hvtvav.secgov/anstiverslexecomp.htm.) ?. Where and when to report. The recipient must report executive total compensation described in paragraph b.1. if this award term: i. As part ofyour registration profile at hitps://wwiv.som.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. ApFilicability and what to report. The recipient, unless exempt as provided in paragraph d, of this award term, for each first-tier subrecipient tinder this award, shall report the narties, and ioial'coniprnsation of each of the subrecipient's live most highly compensated executives for the subrecipiertt's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received --- (A) 80 percent or marc of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal -financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. 'Che ppublic does not have access to information about the compensation. of the executives through periodic reports filed under section 13(a) or Is d) ofthe.Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue. Code of 1986. (To 'determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at ht—M) 2. There and when to report, You must report subrecipient exebutive total compensation described in paragraph c.l . of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward, For example, if a subaward is obligated on any date during the month of October of a given year (e., between October i and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: 1. Subawards, and 2. The total compensation of the five most highly compensated "executives of any subrecipient. e. Definitions.For purposes of this award term: 1. .Entity means all of the .following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv, A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to: a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward.' i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or prograin for which you received. this award and' that you as th' ieeipient "award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec_ _ .210 of the aitachment to OMB Circidxr A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). Pnoscei iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information set 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock„ stock options, and stock apprecialion rights. Use the dollar amount recognized for financial statement reportingpurposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non,eguity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Abo ve-marker earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the,aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the eiriployee, perquisites or property) for the executive exceeds $10,000. 15111� aP[Kf)aI All subrecipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXVIL Terrorist pi�ngricingy E-0. 13224 All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. XXNgR Trafficking Virt I r?f4t+96013 Act nf2000 All subrecipients mast comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TYPA) of 2000, as amended (22 U.S.C. S 71041, located at Z_CFR_Part 175 This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of th6 award term is provided at 2 CFR S 175, 15. XXDL Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason oft ' he handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity eceiving Federal financial assistance. XXX Renortine of Matters_ related lo -Recipient Inteerity and Performance If'thc total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period'of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and. Performance Matters located at 2 C_F.R, Part 2001, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. XXXI. System of Award Management (SAM) and'Universal Identifier a. Requirement for System of Award Management (SAM) Unless you are exempted from this requirement under 2 CFR25.110, you as the subrecipient must maintain the currency ofyour information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually atter the initial registration, and more frequently if required by changes in your information or another award term. h. Requirement for Unique Entity Identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definilio n in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you, 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to ,you. c. Definitions For purposes of this award term: 1. System of ward Management (SRM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient or subrecipient. Additional information about registration procedures may be found at the SAM Internet site (currently at h11p.,11Wivw.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. ,Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C: L A Governmental organization, which is a State, local government, or Indian Tribe: ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; Pape r cre iv. A domestic or foreign for-profit organization; and v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. ,subaward: €. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR .200.330). iii. A subaward maybe provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: L Receives a subaward from you under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. X"SX L SA Pa r nt Act f 2 6 All subrecipientsmust comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Att), which amends 18 U.S.C. SS 175-175c. Among other things, the USA PAMOTAct prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. ?=UL Use of DHS Seal. Logo and F1ngs All subrecipients must obtain DHS's approval prior to using the DHS scal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XX -. Whistle 1 wer Er2tection Act All subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U,S.0 2469.41 T3.S.C. 4712 and 10 Q.S.C. 2324.4.1_U.S.C.4304and 4310, NVOa OF AGREEMENT NO. 1 '.y f l `) j -1-17 ADA COUNTY RIDER TO 1417 SUBRECIPIENT AGREEMENT WITH IDAHO OFFICE OF EMERGENCY MANAGEMENT It is expressly agreed by Idaho Office of Emergency Management (10EM") and Ada County ("County") that this Rider is supplemental to the 2017 Subrecipient Agreement (one page), which is by this reference shade part hereof, and all the terms, conditions, andprovisions thereof, unless modified herein, are to apply to this Rider and are made a part hereof as though they were expressly rewritten, incorporated, and included herein. In the event of any conflict, inconsistency, or incongruity between the provisions of this Rider and any of the provisions of the Subrecipient Agreement, the provision of this Rider shall in all respects control and govern IOEM expressly acknowledges and agrees that this Rider supersedes the text in Section 5 that purports to state the Performance Period of the Agreement. The previsions, terms and conditions of the Agreement, shall be and are hereby clarified, amended, modified, altered, and changed as follows,- 1. ollows: 1. TERM The initial term of the Subrecipient Agreement shall commence on October 1, 2017, through and including September 30, 2018. The County may, solely at its option, and when and if it duly budgets and appropriates funds therefore from revenues legally available to it for the ensuing fiscal year, renew the Agreement and this Rider for an additional annual Renewal Term that shall commence on October I of the fiscal year following adoption of the budget as provided hereinabove and shall terminate on September 30 of the following calendar year. This provision supersedes any provisions to the contrary in Section 5 of the Subrecipient Agreement. IN WITNESS WHEREOF, the parties hereto have made, executed and delivered this Rider Agreement this day and year. DATED this Lam] day of r— , 2017. Idaho Office of Emergency Management IL By: Title: ADA COUNTY RIDER TO 2017 SUBRECIPIENT AGREEMENT WITH IDAHO OFFICE OF EMERGENCY MANAGEMENT —PAGE I .,-, , .'J DATED this day of —a AA -Y, i� � v 2017. Board of Ads County Commissioners By: D id - ase, Commissioner By. r..- J' ibbs, Commissioner Rich Vis&r, ConUTUSSIOner ATTEST: Christopher D. Rich, Ada County Clerk - , rlkliR McGrane, Chef DePtAy ADA COUNTY RIDER TO 2017 SUBRECIPIENT AGREEMENT WITH IDAHO OFFICE OF EMERGENCY MANAGEMENT— PAGE 2 Core Capabilities by Mission Area Visit us at hitp://www.fema.gov/.national-preparedness-goal 'TEUIPmission is to st ppor7 our• cftizerrs aradfrr st r-esporrders to ensure that as a notion ive tivork together to build, sustain, clad iny))-olte otn- capability to prepare for•, protect agahist, respond to, recover fr•alnr and initigate aft hazards. Exhibit B ' .. EN Planning. Public Inforinatibri b`rid Waffiling V Operational Coordination intelligence and Information Sharing Community Resilience 146structureSystems Long-term p Vulnerability Critical Transportation Reduction Environmental Interdiction and Disruption Economic Recovery Health and Social Sdi'seniiig, Search, and Detection Risk.and Disaster ResponselHealth and Re$ilience Safety Services Housing Forensics and Access Control and Attribution Identity Verification Assessment Fatality Management Cybersecurity Threats and Hazards Services Natural and Cultural IdentificationResources Fre Management and Physical Protective Suppression Measures Logistics and Supply Risk Management for Chain Mana9ement Protection Programs and Activities (Nass Gare Services Supply Chain Integrity Mass Search and Rescue and Security Operations On -scene Security, Protection, and Lary Enforcement Operational Communications Public Health, Healthcare, and Emergency Medical Services Situational Assessment Core Capabilities by Mission Area Visit us at hitp://www.fema.gov/.national-preparedness-goal 'TEUIPmission is to st ppor7 our• cftizerrs aradfrr st r-esporrders to ensure that as a notion ive tivork together to build, sustain, clad iny))-olte otn- capability to prepare for•, protect agahist, respond to, recover fr•alnr and initigate aft hazards. Exhibit B Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment - $1,033,547.59 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 nameplate for Ryan Beecroft 9.00 01 General Fund ACCESS IDAHO Reimb, C-Sign-2017-0134, Credit Card Refund to Customer 191.00 01 General Fund ADA COUNTY HIGHWAY DISTRICT 18-0124 pay #1 ROW acq, Pine Ave Widening project- Sept 2017 82,035.99 01 General Fund ADVANCED HARDWARE SUPPLY, INC.sandpaper for Kleiner restrooms - qty 1 48.45 01 General Fund AIR FILTER SALES air filters - qty 20 150.00 01 General Fund AIR FILTER SALES Air Filters for PD Admin Bldg - Qty 24 174.00 01 General Fund ASSOC OF IDAHO CITIES Registration, A. Guinsler & T. Bernt, 2017 Fall District Mtg 70.00 01 General Fund AUTO SPRING CORP Installed Front Leveling Kit & Front End Align, Fleet Truck2 325.95 01 General Fund BAUDVILLE Kenneth Bowers 25 Years of Service Award 94.45 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Station boots, Myers, McSherry 608.80 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 2, vacuum bags, cleaner, liners - Qty 20 206.30 01 General Fund BRIAN CALDWELL Per Diem, B. Caldwell, Managing Police Discipline Training S 288.00 01 General Fund BRIAN CALDWELL Per Diem, B. Caldwell, Pre-Employment Background Investigati 224.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Ballast Replacement for one Bulb @ PD Sign 425.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY ballast replacement in wash bay at Lanark Parks Shop 155.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Installed an outlet at City Hall 102.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Cameras 197.32 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diagnose Check Engine Light on Fleet Truck 23, Lic# C15315 85.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 6 service & oil change - license C18045 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Battery for Unit # 40 176.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Replace Spark Plugs, Door Handle Repair on Trk22 449.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC snow tire change over for fleet truck 15 - license C16105 61.11 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC studded tires for fleet truck 16 - license C17284 897.33 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tires for Settlers mule #4 602.28 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC winter tire change over for fleet truck 2 - license C17280 49.90 01 General Fund BSN SPORTS, INC.Badminton, Pickleball, & Volleyball equipment - qty 13 1,684.35 01 General Fund CABLE ONE 112461900, Cable Service City Hall, 11/16/17-12/15/17 36.75 01 General Fund CANINE DEVELOPMENT GROUP INC PackTrack User Yearly Subscription 11/3/17-11/3/18 100.00 01 General Fund CANINE DEVELOPMENT GROUP INC PackTrack Yearly Subscription 11/3/17-11/3/18 100.00 Date: 11/30/17 01:06:48 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 CASCADE FENCE COMPANY, INC.temporary fencing rental @ Kleiner Memorial Plaza construct 972.00 01 General Fund CASCADE FENCE COMPANY, INC.temporary fencing rental for Settlers splash pad repair 324.00 01 General Fund CDW GOVERNMENT CradlePnt ECM Prime 1 Yr 52.50 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre Employment Testing 400.00 01 General Fund CINTAS FIRST AID & SAFETY First Aid Kit Maintenance 197.60 01 General Fund CUSTOM IMAGE, LLC uniform jacket name lettering for W. Maisey 30.00 01 General Fund D & B SUPPLY Dog Food for K9 Dory - Qty 1 47.99 01 General Fund D & B SUPPLY electrical tape for downtown Christmas light connections x 6 8.94 01 General Fund D & B SUPPLY shrub rakes for Storey Park - qty 5 67.45 01 General Fund D & B SUPPLY wire connectors for Lanark Parks Shop - qty 51 32.67 01 General Fund DENNIS DILLON POWER SPORTS Settlers Park mule #4 service & repair 336.06 01 General Fund DISCOVERY BENEFITS Flexible Spending Account Reserve for Employees 18,200.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. joystick mount plate for plow install on fleet truck 16 110.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Repair Push Bumper Lights for Unit # 141 111.00 01 General Fund ESP PRINTING & MAILING Remaining Balance Owed for Welcome To Meridian Mailer 53.42 01 General Fund FASTENAL COMPANY bolts & bits for Christmas parade float - qty 48 35.83 01 General Fund FASTENAL COMPANY deck screws for Lanark Parks Shop - qty 425 19.64 01 General Fund FASTENAL COMPANY drill bits for Lanark Parks Shop - qty 2 3.61 01 General Fund FASTENAL COMPANY epoxy & part for Generations Plaza letters - qty 2 22.63 01 General Fund FASTENAL COMPANY zip ties & sticky tabs for MPR Commission parade float x 300 8.38 01 General Fund FLAGPOLE FARM Replacement Flags for Front Entrance at PD 55.00 01 General Fund GLASS DOCTOR 220/Windshield repair, MF027, BC31 65.00 01 General Fund H.D. FOWLER COMPANY 1 inch pipe for MPR Commission parade float - qty 60 ft 12.42 01 General Fund HARBOR FREIGHT TOOLS volunteer reflective vests - qty 40 166.59 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/Backboard carriers, 6 4,639.74 01 General Fund HOME DEPOT CREDIT SERVICES 220/supplies for training burn, hose, screws, torch - qty 8 107.76 01 General Fund IDAHO POWER 2200773816, City Hall Power November 2017 6,964.42 01 General Fund IDAHO POWER 2205054725, Police Power November 2017 -2,876.97 01 General Fund IDAHO POWER ID Power - Fire Department Nov 2017 2,012.58 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 11/21/17 on AT&T Stor-It & Linder Villag 60.68 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 11/28/17 on Eastridge Sub & Movado Green 71.78 Date: 11/30/17 01:06:48 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 IDAHO PRESS-TRIBUNE Legal Notice for PH 11/8/17 on Temp Use Permit Fees, 10/27 & 78.66 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice on ORD 17-1752 for Days/Times of Historic Prese 84.40 01 General Fund IDAHO PRESS-TRIBUNE Parks & Rec Fall Activity Guide - Qty 29,000 2,918.38 01 General Fund IDAHO STATE POLICE Background Checks Mobile Sales Unit & FBI Fingerprint Proces 296.00 01 General Fund IDAHO STATESMAN Job Postings & Req for Proposals on Black Cat Sewer Trunk 3,975.00 01 General Fund IDAHO WOOD SHEDS wood shed for Homecourt storage - qty 1 2,353.20 01 General Fund IMPACT PEST SERVICES vole treatment at Ten Mile overpass 250.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas November 2017 2,540.63 01 General Fund INTERSTATE ALL BATTERY CENTER AA batteries for Lanark Parks Shop - qty 2 19.00 01 General Fund INTERSTATE ALL BATTERY CENTER battery for Settlers mule #5 - qty 1 63.05 01 General Fund INTN'L SOCIETY of ARBORICULTUR ISA member dues for M Barton 12/31/17-12/31/18 185.00 01 General Fund INTN'L SOCIETY of ARBORICULTUR PNW/ISA membership dues for E Huff 12/31/17-12/31/18 270.00 01 General Fund KENDALL FORD OF MERIDIAN tail lights for fleet truck 26 - qty 2 197.12 01 General Fund L.N. CURTIS AND SONS 220/20 job shirts & 4 jackets for new recruits 1,688.00 01 General Fund L.N. CURTIS AND SONS 220/4 pr station pants, new recruits 530.24 01 General Fund L.N. CURTIS AND SONS 220/6 coats for new recruits 1,160.00 01 General Fund LAWN CO MAINTENANCE weed trimming at Bower Shop 70.00 01 General Fund LEA ELECTRIC, LLC.220/Replaced LED Driver in Light at St. 5 304.61 01 General Fund LEGACY FEED & FUEL 220/4 chainsaws with chains & cases 4,401.27 01 General Fund LEGACY FEED & FUEL 220/Chainsaw repair & sharpen 77.18 01 General Fund LEGACY FEED & FUEL 220/Sharpen chainsaw 9.00 01 General Fund LEGACY FEED & FUEL 220/Sprockets for chainsaw maintenance 7.31 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, Nov 2017, 268238-5 1,072.85 01 General Fund LOWE'S 220/9V Batteries for smoke alarms - qty 2pks of 2 26.56 01 General Fund LOWE'S 220/BBQ Grills for ST. 1 &2, Cancelled, credit to follow 1,235.00 01 General Fund LOWE'S 220/Building Mtnc FSC, tool holder, shelf, paint brushes 74.80 01 General Fund LOWE'S 220/credit BBQ grills for St 1 & 2 - cancelled order (1,235.00) 01 General Fund LOWE'S 220/New dishwasher for St. 3 435.09 01 General Fund LOWE'S bows for Christmas tree at City Hall - qty 2 37.96 01 General Fund LOWE'S gold spray paint for tree lighting fake light switch - qty 2 11.36 01 General Fund LOWE'S sales tax reversal reference invoice 10139 (1.00) 01 General Fund LS REFEREEING 18-0036 Fall Season Basketball officials 10/16-11/2/17x11 599.50 Date: 11/30/17 01:06:48 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 MERCER HEALTH & BENEFITS 18-0140, Employee Benefits Consulting Services - Nov 2017 4,166.67 01 General Fund MERCER HEALTH & BENEFITS 18-0140, Employee Benefits Consulting Services - Oct 2017 4,166.67 01 General Fund MERIDIAN CHAMBER of COMMERCE Lunch, R. Simison, Gov Affairs Committee Meeting, 11/20/17 12.00 01 General Fund MERIDIAN VETERINARY CLINIC Vet Care for K9 Gus 156.18 01 General Fund MERIDIAN VETERINARY CLINIC Vet Care for K9 Wyatt 117.18 01 General Fund MINUTEMAN, INC.Ketys to PD for New Sergeants 6.30 01 General Fund MODERN PRINTERS Newsletter Folding - Qty 30,000 365.00 01 General Fund NAPA AUTO PARTS 220/Oil for MF005 18.32 01 General Fund NAPA AUTO PARTS 220/shop supplies, St. 2, antifreeze, 2 24.60 01 General Fund NET SUPPORT INC DNA Corporate Pack A, DNA Maintenance Corp Pack A Expires 11 5,400.00 01 General Fund NEW YORK IRRIGATION DISTRICT 77 Acre Park, 2385 E. Lake Hazel Irrigation 3,391.72 01 General Fund OFFICE DEPOT, INC.220/certificate folders - qty 20 187.80 01 General Fund OFFICE DEPOT, INC.220/Copy Paper, pads & cards - qty 4 55.50 01 General Fund OFFICE DEPOT, INC.Classification Folders & Copy Paper - Qty 3 77.47 01 General Fund OFFICE DEPOT, INC.Desk Calendar & Wall Calendar - Qty 2 16.72 01 General Fund OFFICE DEPOT, INC.Postcards for Legal Notices - Qty 12 Boxes 101.28 01 General Fund OFFICE DEPOT, INC.Santa/reindeer food packet labels-Winterland Festival x 3 19.50 01 General Fund OFFICE DEPOT, INC.scissors, folders, staple remover, labels - qty 4 38.30 01 General Fund OVERHEAD DOOR COMPANY 220/repair cable & general service, garage door, ST. 3 109.40 01 General Fund OXARC, INC.220/1 medical oxygen 12.40 01 General Fund OXARC, INC.220/5 medical oxygen 28.00 01 General Fund PATRICK & CO Dog License Tags - Qty 1000 1,145.00 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for air compressor 186.05 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for Grasshopper mower 12.68 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank; unleaded for truck 15 195.27 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 29 78.80 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 94.76 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 2 75.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 7 32.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Kawasaki mule 13.53 01 General Fund PEACEKEEPTER PRODUCTS INTERNATIONAL Peacekeeper Strike Shield for Baton Training - Qty 6 1,505.10 01 General Fund Porter Lee Corporation Additional BEAST Property Management License 1,000.00 01 General Fund PROBUILD 220/49 furring strips for training 90.59 01 General Fund PROBUILD concrete for Lanark Parks Shop - qty 4 bags 17.96 Date: 11/30/17 01:06:48 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 RAY ALLEN MANUFACTURING CO, IN K9 Training Suit, Gauntlet, Bags, Drug Probes, Hand Protecto 1,592.54 01 General Fund RAY ALLEN MANUFACTURING CO, IN Tracking Harness for K9 Training - Qty 3 206.97 01 General Fund RICOH USA, INC C86111894, Copier Lease 10/17 & Copies 9/17 521.54 01 General Fund RSM US LLP 17-0338, Fire Dept Labor Analysis - Services Thru 11/15/17 37,731.00 01 General Fund SARAH SKIMMYHORN Reimb, S. Skimmyhorn, Education Assist, NNU, Bus Admin BA 1,000.00 01 General Fund SIGNS, ETC Decals for Drones 28.80 01 General Fund SIGNS, ETC fake light switch decals for 2017 Tree Lighting - qty 6 61.20 01 General Fund SILVER CREEK MPR Commission parade float lights - qty 250 307.50 01 General Fund SLHS SERVICE AREA ADA Workplace Compliance - Consultation, 10/10/17 150.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY flagging & signage for live Christmas tree move to Gen Plaza 172.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY flagging for downtown lights banners 223.25 01 General Fund SPECIALTY CONSTRUCTION SUPPLY signage for downtown tree brick work 218.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc on MF018 595.03 01 General Fund STERLING CODIFIERS INC Title 11 of City Code Book - Qty 2 90.00 01 General Fund STREET DECOR downtown pole Christmas garland - qty 33 8,093.96 01 General Fund SUMMIT DEVELOPMENT, INC.Refund, Surety-2017-0115, Stonesthrow Sub, Release Performan 13,321.00 01 General Fund SUNBELT RENTALS air compressor 750 rental-sprinkler blowouts 11/6-11/10/17 1,563.75 01 General Fund SYNCB/AMAZON 220/Frame for artwork 49.45 01 General Fund SYNCB/AMAZON 220/grill cleaner 56.40 01 General Fund SYNCB/AMAZON 220/Stainless steel cleaner & polish spray 41.94 01 General Fund SYNCB/AMAZON digital clocks - qty 5 276.25 01 General Fund SYNCB/AMAZON Findfly 50 Pcs 2 Sizes Adj Self-Adhesive Nylon Cable, Monito 177.84 01 General Fund SYNCB/AMAZON How the Grinch Stole Christmas DVD - qty 1 14.97 01 General Fund SYNCB/AMAZON Yoga Bolster Pads - Qty 6 223.94 01 General Fund T-ZERS SHIRT SHOP 220/print furnished stock, 8 for new recruits, 25 stock 319.00 01 General Fund TATES RENTS (GENERAL OFFICE)floor buffer rental for Kleiner restrooms 11/14/17 52.85 01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 24.52 01 General Fund TEN MILE CROSSING INC Refund, Surety-2017-0044, TM Crossing Sub#1, Partial Release 302,294.30 01 General Fund THE UPS STORE Postage to send Headset for Repair 52.39 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/3 Turnout repairs 175.00 Date: 11/30/17 01:06:48 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 TRACY BASTERRECHEA Per Diem, T. Basterrechea, Managing Police Discipline Traini 288.00 01 General Fund TRANE U.S. INC.Service Agreement for Maintenance inspection @ City Hall 2,531.01 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLO-Info Access for PD/CID 10/1/17-10/31/17 124.48 01 General Fund TROPHY HOUSE PROS trophies for 2017 Holiday Classic Tourney - qty 6 139.38 01 General Fund UNITED WAY OF TREASURE VALLEY United Way Donations, Ref CR18-057 11/6/17 & CR18-085 11/21/ 935.00 01 General Fund USSSOA Flag Football officials 11/13-11/16/17 - qty 8 633.36 01 General Fund USSSOA volleyball officiating for games 11/13-11/17/17 - qty 49 1,069.30 01 General Fund VARSITY FACILITY SERVICES 18-0013, Janitorial service - November 2017 16,110.74 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data, 10/21/17-11/20/17 1,139.25 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 10/21/17-11/20/17 7,246.43 01 General Fund WOODCRAFT OF BOISE wood planer for Lanark Parks Shop - qty 1 649.99 Total 01 General Fund 574,831.09 07 Impact Fund SBI CONTRACTING toilet paper dispensers,baby changers-Huskey,Bird, Hillsdale 940.00 Total 07 Impact Fund 940.00 20 Grant Fund governmental MATTHEW CRINER MADC Shoulder Tap Operation Youth Decoy, 11/17/17 105.00 20 Grant Fund governmental MEGAN WATSON MADC Shoulder Tap Operation Youth Decoy, 11/17/17 105.00 Total 20 Grant Fund governmental 210.00 60 Enterprise Fund A COMPANY INC WRRF Capacity Exp FY15, Restroom Rentals 10/16-11/12/17 90.50 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Water Testing Qty 100 1,520.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 11/20/17 10,413.10 60 Enterprise Fund BOE - Boise Office Equipment Magenta Toner for Operator Room Printer no leased Qty 1 86.00 60 Enterprise Fund BOISE-KUNA IRRIGATION DIST Water Reservior #4 Lot- 357 E. Amity Irrigation 449.53 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.Haul out of Concreate 30.00 Date: 11/30/17 01:06:48 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 CARLOS ROMANO Refund, 0808130004, Wat/Sew/Trash, 369 E Moskee St, Title Co 161.05 60 Enterprise Fund COLLEGE OF WESTERN IDAHO Training Responsible Person Construction Site B. Kerr & C. C 200.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 120 W 24V PWR Supply 392.39 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Wire to install new scum pumps to replace existing- qty 4000 964.00 60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Sample containers - qty 300 236.02 60 Enterprise Fund CORE & MAIN LP Brass Coupling Grip Joint Coupler Qty 5 111.45 60 Enterprise Fund CORE & MAIN LP Brass Coupling Qty 11 245.19 60 Enterprise Fund CORE & MAIN LP Hydrant Parts M-12 Lower Stem Qty 1 173.63 60 Enterprise Fund CORE & MAIN LP Invertiable Paint Metal Wand Qty 1 36.03 60 Enterprise Fund D & B SUPPLY Steel Toe Boot M. Moreira - Qty 1 175.49 60 Enterprise Fund D & B SUPPLY XL Journey Man Safety Green Bibs rain Gear Qty 1 53.59 60 Enterprise Fund DRAKE PLUMBING & HEATING CO Labor & parts to repair pilot ignition failure on AHU 779.91 60 Enterprise Fund DYKMAN ELECTRICAL, INC Filter fan to replace broken fan on active line conditioner, 195.46 60 Enterprise Fund E C POWER SYSTEMS Labor & supplies to reset clock on generator at Oaks lift 358.80 60 Enterprise Fund ELINOR NOLEN Refund, 0890061502, Wat/Sew/Trash, 117 E Havasupai St, Custo 60.29 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Filters for solids analysis - qty 6 515.87 60 Enterprise Fund FASTENAL COMPANY Nitrile gloves, size large - qty 2,000 250.40 60 Enterprise Fund FASTENAL COMPANY Wrench, Pocket Tool Carrier, Crip Cup Brush Qty 3 117.02 60 Enterprise Fund FERGUSON ENTERPRISES INC.Brass MIP BLR DRN Qty 2 19.22 60 Enterprise Fund FERGUSON ENTERPRISES INC.Flange Pack, Steel Washers, Adapter, Bushings Flange Qty 37 469.24 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Parts, Bonnet O-Ring, pumper noz cap, Oring, Qty 28 3,567.81 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Parts, Stem Pin, Upper Valve, Qty 6 553.78 60 Enterprise Fund FISHER SCIENTIFIC Ammonia QC solutions - qty 1 30.16 60 Enterprise Fund FISHER SCIENTIFIC Draeger tubes for H2S testing - qty 12 Pks 1,026.82 60 Enterprise Fund FISHER SCIENTIFIC FIA reagent & weigh pans - qty 8 472.77 60 Enterprise Fund FISHER SCIENTIFIC Slide cover slips - qty 1pk 56.31 60 Enterprise Fund FRED PRYOR SEMINARS Registration, K. Stombaugh, Developing Emotional Intelligenc 99.00 60 Enterprise Fund H.D. FOWLER COMPANY Ford CTS Grip Joint Coupling Qty 12 207.00 60 Enterprise Fund HACH COMPANY 18-0125 Remainder of UVAS & TSS probe service 964.92 60 Enterprise Fund HAZEL ASPHALT, LLC 336sq ft Asphalt Patch @ 3568 Arcaro Ave 1,176.00 60 Enterprise Fund HENRY AND MARY EICKMEYER Refund, 3543012102, Wat/Sew/Trash, 3172 S Siduri Ave, Custom 53.36 Date: 11/30/17 01:06:48 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 IDAHO POWER #2223534898, Water Power - November 2017 94.36 60 Enterprise Fund IDAHO STATESMAN Job Postings & Req for Proposals on Black Cat Sewer Trunk 60.28 60 Enterprise Fund INNOVATIVE AIR Valve to replace broken valve, MPV, digester 4 & 5 control 468.50 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas November 2017 5,145.88 60 Enterprise Fund JUB ENGINEERS 16-0377,Water and Sewer Main Rep.State St,10/1-10/28/17 8,885.00 60 Enterprise Fund JUB ENGINEERS 17-0225,Black Cat Trunk Sewer PH5, 10/1-10/28/17 2,697.30 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svc 10/1-31/17 Brickyard Sub-4 sheets 1,040.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svc 10/1-31/17 Castlebridge 2 sheets 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svc 10/1-31/17 Howry Lane Sub2-4 sheets 1,040.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svc 10/1-31/17 Sagewood Offices 1 sheet 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svc 10/1-31/17 So.Ridge Apts.-ph1-12 sheets 3,120.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svc 10/1-31/17 Verado2-3 sheets 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs 10/1-31/17 Howry Lane Sub3-4 sheets 1,040.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs 10/1-31/17 TM Crossing Sub2-2 sheets 520.00 60 Enterprise Fund KENNETH & REBECCA CARLSON Refund, 1733264003, Wat/Sew/Trash, 647 E Baldwin St, Custome 117.02 60 Enterprise Fund KTURBO USA, INC.Ruck semikron fan blower 432.00 60 Enterprise Fund MODERN PRINTERS Invoicing Labels Qty 10 55.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Wrench, hex bit set & drill set - qty 3 212.30 60 Enterprise Fund NAPA AUTO PARTS B Fluid DOT Qty 1 2.29 60 Enterprise Fund NAPA AUTO PARTS Brake cleaner for cleaning motors/pumps & fuel filter-qty 28 63.72 60 Enterprise Fund NORTHWEST POWER SYSTEMS, INC Labor for generator service on CCTV Van 2 C19267 261.00 60 Enterprise Fund OFFICE DEPOT, INC.Address Labels - Qty 1 Pk 8.82 60 Enterprise Fund OFFICE DEPOT, INC.Calendar 14.99 60 Enterprise Fund OFFICE DEPOT, INC.Calendars for staff & conference rooms - qty 14 168.36 60 Enterprise Fund OFFICE DEPOT, INC.Calendars, batteries, folders, journals, badge reels, legal 181.33 60 Enterprise Fund OFFICE DEPOT, INC.Caster for Chair 36.59 60 Enterprise Fund OFFICE VALUE - MERIDIAN Case of 8 1/2 x 11 copier paper, post it notes, & hand sani 104.76 60 Enterprise Fund OFFICE VALUE - MERIDIAN Magazine File Blk Qty 6 30.48 Date: 11/30/17 01:06:48 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 OXARC, INC.18-0091 Soduim Hypochlorite Delivery Qty 1364gl 2,265.32 60 Enterprise Fund PLUMBING SOLUTIONS INC Temporarily Hooked Up Water to Home @ 3366 W Acarrera Ct 982.00 60 Enterprise Fund POSTNET Postage & Mailing of Backflow Reminder ltrs Qty 93 125.44 60 Enterprise Fund RAM VERMA Refund, 1842230604, Wat/Sew/Trash, 2370 N Dixie Pl, Customer 372.06 60 Enterprise Fund ROBERTSON SUPPLY, INC.GrunFos PV TC Set Qty 7 1,142.46 60 Enterprise Fund RUSH TRUCK CENTERS Repair of Fluid leak @ Brake Master Cylinder C8346 740.26 60 Enterprise Fund SHAWN HAMMOND Refund, 2302126005, Wat/Sew/Trash, 1536 NW 1st St, Customer 106.68 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Hard hats - qty 5 120.00 60 Enterprise Fund SPF WATER ENGINEERING, LLC 17-0316,Well 29 service 10/1-10/31/17 2,566.25 60 Enterprise Fund STRATA, INC.17-0236,Well 29 services as of 10/25/17 - Final Invoice 1,788.25 60 Enterprise Fund SYNCB/AMAZON Clear Plastic Containers for Small Tools Qty 10 25.58 60 Enterprise Fund SYNCB/AMAZON Everlife Vinyl Chair Mat Qty 2 86.74 60 Enterprise Fund SYNCB/AMAZON Fire rated sweatshirt for Jackson Allen 116.00 60 Enterprise Fund SYNCB/AMAZON Safety boots for Don Martin 115.00 60 Enterprise Fund T-ZERS SHIRT SHOP Clothing for Gina Harris, Dave Gassel, Gene Arnold, Matt 473.50 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidery Logo & Flag Patch on Shirts for J. Uruza - Qty 9 68.50 60 Enterprise Fund TATES RENTS (GENERAL OFFICE)LP Gas Propane Fill Qty 23.2 69.37 60 Enterprise Fund TEN MILE CROSSING INC Refund, Surety-2017-0044, TM Crossing Sub#1, Partial Release 384,206.29 60 Enterprise Fund TERRACON CONSULTANTS 17-0322,Well 30, services as of 11/4/17 1,469.50 60 Enterprise Fund THE WATER REPORT The Water Report subscription renewal K Radek, 1/1/18-12/31/ 299.00 60 Enterprise Fund ULINE, INC.North organic vapor cartridge/filter combo & north multiple 477.63 60 Enterprise Fund USA BLUEBOOK Poly Tubing Disc, 2inch Meter Flange Gasket Qty 52 171.04 60 Enterprise Fund USA BLUEBOOK Sample Lines Strainer Assembly Qty 2 355.90 60 Enterprise Fund VAN GROUW FAMILY TRUST Refund, 1419024002, Wat/Sew/Trash, 2425 N Turnberry Way, Cus 43.18 60 Enterprise Fund VARSITY FACILITY SERVICES 18-0013, Janitorial service - November 2017 1,715.17 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data, 10/21/17-11/20/17 1,248.91 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 10/21/17-11/20/17 2,625.26 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Mobile Devices - 10/21/17-11/20/17 119.12 Date: 11/30/17 01:06:48 PM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 457,566.50 Report Total 1,033,547.59 Date: 11/30/17 01:06:48 PM Page: 10 Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 8A 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 December 6, 2017 Meridian Mayor’s Youth Advisory Council Update Collin Freese MYAC Updates Rake Up Meridian Recap ★CS Chair Jordan Wagner leads event ★Raked up THREE houses as service ★Giving back to the community MYAC Game Night Recap ★40 MYACers Attended ★Played games, watched movies, and socialized Sock Drive ★Collecting socks for those in need ★Partnering with the Girl Scouts ★Competition between committees and winner gets a pizza party Past Guest Speakers ★Clint Shiflet- Idaho Central Credit Union ★Senator Winder ★Robynn Browne- United Way Future Events ★PB Expo – Dec. 11th ★MYAC Christmas Party Dec. 18th Welcome New Vice Chair Why she is qualified ★Leader ★Passionate ★Diligent ★Willing ★Bold Elyssa Wade City Council Meeting December 5, 2017 Item #9A: Rockbury Subdivision Vicinity/Zoning/Aerial Map Proposed Final Plat Site/Landscape Plan Item #9B: Movado Greens Subdivision Preliminary Plat Landscape Plan Landscape Plan Conceptual Development Plan Elevations Elevations Elevations Silverstone Development Agreement provisions ►a) Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in Exhibit A and the conditions contained herein. ►b) A maximum of 112 residential dwelling units shall be constructed within this development. ►c) Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. ►d) A 35-foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. ►e) Site amenities shall be provided as follows: 1) clubhouse, 2) a children’s play structure, and 3) sports court. The applicant shall provide at least one amenity from the open space category and then one additional qualified amenity of their choice, in accord with the standards listed in 11-4-3-27D. ►f) Cross-access shall be granted to the properties to the east and emergency access shall be provided to the south for future inter-connectivity. The recorded cross access agreement shall be submitted with the first certificate of zoning compliance application. ►g) The commercial lots are subject to certificate of zoning compliance and design review prior to issuance of a building permit. ►h) The applicant shall have the ability to obtain multi-family building permits prior to recording the final plat. Movado Estates Sub. Development Agreement provisions Page 1 ►a) Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. ►b) The Movado Greens Subdivision shall have the rights to use the open space and amenities approved with the Movado Estates Project and the residents of Movado Estates shall have the rights to use the amenities approved with the Movado Greens Subdivision. ►c) The applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on the phasing plan dated 09/07/2016. ►d) Two (2) of the common driveways included in the plat are also being used as emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as “No Parking.” ►e) The applicant shall construct an additional portion of 10-foot multi Use pathway that starts at the south east corner of the property and runs through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with the proposed multi-use pathway on the south side of the Eight Mile Creek. Movado Estates Sub. Development Agreement provisions Page 2 ►f) The applicant shall comply with the submitted home elevations attached in Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. ►g) The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to the large capacity of their facilities. If a waiver is not obtained, the waterway is required to be piped. ►h) The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along S. Movado Way must be constructed with the first phase of development. ►i) Construct the entire landscape buffer along W. Overland Road, including replacing the existing gravel with vegetation in accord with UDC 11-3B-7C; ►j) The applicant shall construct the entry gatehouse and monuments as proposed. Item #9D: Swindell Subdivision – H-2017-0117 Proposed Conceptual Development Plan Item #9E: Rapid Creek Subdivision- Preliminary Plat Landscape Plan Elevations Changes to Agenda: [if applicable] Item #9A: Rockbury Subdivision (H-2017-0131) Application(s):  Final Plat Size of property, existing zoning, and location: This site consists of 23.59 acres of land, zoned C-N, R-15, located at 6437 N. Tree Haven Way. Summary of Request: [details] The proposed final plat depicts 1 commercial building lot, 1 residential building lot and 3 common area lots on 23.59 acres o f land in the R-15 and C-N zoning districts. All of the lots proposed must comply with the dimensional standards of the R-15 and C-N zoning districts listed in UDC Table 11-2A-7 and 11-2B-3. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. City Council approved a variance for this project to allow for a right-in, right-out access to Chinden Blvd. That approval was contingent on the approval of both ITD and ACHD. Initially, ITD granted a verbal approval of the access. In further discussion with ITD, the applicant was required to update a traffic study for the access and has shown some reluctance to now grant the approval. Additionally, ACHD’s approval of the overall development was contingent on that access being granted. Staff is comfortable moving the project forward with an added condition that the final plat approval is contingent on approval by both ITD and ACHD. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0131, as presented in the staff report for the hearing date of December 5, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0131, as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0131 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #9B: Movado Greens (H-2017-0104) Application(s):  Rezone  Conditional Use Permit Modification  Development Agreement Modification (2)  Preliminary Plat Size of property, existing zoning, and location: This site consists of approximately 23.506 acres of land, zoned C-G, located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road Adjacent Land Use & Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 and RUT in Ada County 2. East: Commercial property, zoned R-1B in Boise 3. South: Platted single family lots currently under development in the Movado Estates Subdivision, zoned R-15. 4. West: Commercial property in the Silverstone Business Park, zoned C-G History: In 2016, this project was granted a comprehensive plan map amendment, annexation and zoning of 102.69 acres of land from RUT to the R-8 and R15; and a preliminary plat consisting of 430 single-family residential lots and 39 common lots and 9 other lots on approximately 102.69 acres in the R-8 and R-15 zoning districts. Also in 2016, a conditional use permit was approved for a 312 unit multi-family development on 13.51 acres of land. Comprehensive Plan FLUM Designation: MU-R Summary of Request: The applicant has applied to rezone approximately 11.08 acres of land from C-G to the R-15 zoning district. The applicant is requesting to reduce the acreage and the number of units of the previously approved Silverstone Apartment project. The proposed zoning is consistent with the policies in the Comprehensive Plan. Under the existing zoning (C-G), the proposed multi-family development is a conditional use. The use was previously approved in 2016 (H-2016-0060) and the applicant now desires to reduce the footprint of the apartments in order to plat additional single family lots south of the multi-family and commercial lots . In conjunction with the request to rezone a portion of property from C-G to R-15, the applicant is requesting to reduce the acreage of the project from 13.52 to 5.7 acres; the number of apartment units and layout for the previously approved Silverstone Apartment project (H-2016-0060). An MCU is requested to reduce the acreage of the apartment project from 13.51 acres to 5.71 acres; to reduce the number of units from 312 to 112 units and to modify the site design and amenities included in the plat. The applicant is reducing the amenities package from a 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children’s play structure, 5) a 50’x 10 0’ open grassy area, a 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business center (within the clubhouse), to a 1) clubhouse, 2) a children’s play structure, and a 3) sports court. The applicant shall provide two more amenities, at least one amenity from the open space category and then one additional qualified amenity of their choice. The multi-family residential development as proposed consists of 112 dwelling units within (8) 3-story structures on 5.71 acres of land. The units will consist of 72 2-bedroom units and 40 1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A clubhouse is proposed that will contain a leasing office, and the mail center. Associated carport structures (19) are also proposed. The applicant shall show on both the plat and the Silverstone Apartments site plan the Idaho Power easement that exists along Overland Road. Because all of the proposed units (112) contain between 500 and 1,200 square feet of living area, a minimum of 28,000 s.f. (or 0.64 of an acre) of common open space is required to be provided. A total of 1.24 acres of passive and active open space is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 54,200 s.f. of common open space is proposed. Because 112 units are proposed, the Commission should determine if the number of amenities is proportionate to the size of the proposed development each from at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide the following amenities: 1) clubhouse, 2) a children’s play structure, 3) sports court. The applicant has provided three qualified amenities for the development. Multi-family projects of this size are required to provide five (5) amenities which include one amenity from each of the three categories as mentioned above. The applicant shall provide at least one amenity from the open space category and then one additional qualified amenity of their choice. The applicant is requesting to modify two (2) development agreements with the subject application. The first one is to modify the Silverstone Apartment DA that tied the site to a 312-unit apartment complex. And the second is to amend the DA approved with the Movado Estates Subdivision. (See Slide) A preliminary plat consisting of 96 single-family residential lots, 7 common lots and 7 commercial lots on approximately 24.23 acres in the proposed R-15 zoning district is proposed on approximately 10.93 acres of land for the Movado Greens Subdivision. A minimum 35-foot wide street buffer is required along E. Overland Road and a 20-foot wide street buffer is required along S. Movado Way, a collector street. There is one common driveway proposed. The applicant is proposing Lots 36-39 of Block 1, to take access from a common driveway. The primary entrance for the multi-family development is from E. Overland Road. The applicant has also proposed cross- access to the future commercial development to the east. Though direct access to Overland Road was granted with the previous Conditional Use Permit approval, the applicant is required to obtain approval of that access again, for this application in accord with UDC 11-3A-3. The primary access to the single-family subdivision will be from S. Movado Way. The applicant is also proposing an emergency access through the proposed Silverstone Apartment project. The applicant is proposing .83 acres (7.60%) of open space for the development. The applicant is proposing to modify the existing development for Movado Estates to include these 96 lots within that development. The Movado Estates subdivision provided 15.41 acres (15%) open space for the development, so staff is of the opinion that with the inclusion of this plat into the overall Movado Estates Subdivision, that this development meets the 10% open space requirement. The applicant is also proposing three (3) amenities for the subdivision that include a 1) play structure, 2) a walking path and a 3) sports court. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. Three trash enclosures are depicted on the site. The number of enclosures, sizes and locations should be approved by Bob Olsen, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Multi-family Building Elevations: Building elevations were submitted for the multi-family structures and clubhouse. The applicant did not provide elevations of the carports. Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Single-family Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development. Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents. Commercial Building Elevations: The applicant did not provide elevations of the commercial buildings. The commercial lots will need to be added to the Silverstone Apartments development agreement and as such, staff required a concept plan for the commercial lots. Building elevation will be required to meet the requirements of the design standards manual. Staff will review the site improvements and architecture of those building at the time of certificate of zoning compliance. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes, the multi-family structures and the clubhouse. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Key issue(s) of Public Testimony: i. None Key Issues of Discussion by Commission: i. The number and type of proposed amenities for the apartment project and the single family development; ii. The number of parking spaces for the multi-family portion; iii. How the multi-family portion of the project will be accessed now and in the future with the proposed commercial lots to the east; Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0104, as presented in the staff report for the hearing date of November 28, 2017, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0104, as presented during the hearing on November 28, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0104 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #9C: UDC Text Amendment – ZOA (H-2017-0044) Application(s): Zoning Ordinance Amendment Location: Citywide Summary of Request: This public hearing item was continued from the June 6th and November 14th meetings. The subject application is meant to serve several purposes: 1) Establish a clear procedure for approving, revoking, modifying or denying an accessory use permit (aka – home occupation); 2) Modify and add definitions to Chapter 1 of the UDC for several uses; 3) Clarify the requirements for permitted, prohibited and accessory uses in the zoning districts in Chapter 2; 4) Modify the specific use standards of food products processing, accessory uses, home occupations and retail stores, wine and beer sales and servings in Chapter 4 of the UDC; 5) Restructure and re-ordering the existing surety and occupancy verbiage in Chapter 5 (11-5C-3) to improve the administration of this section; and, 6) Incorporate new standards to allow for the establishment of food and beverage products processing, minor. Staff has collaborated with other City Divisions (Legal, Building and Code Enforcement primarily) on the proposed UDC changes. Further, the proposed UDC changes were shared with the UDC Focus Group and the BCA and a stakeholder group that looked at the home occupation standards. Staff believes these code revisions are in the best interest of the City as they balance the needs of both the private and public sectors and protects the residential character of neighborhoods while allowing home-based businesses. Since November 14th, four additional pieces of written testimony have been received, all in support of the changes and all from Scentsy: Ryan McFarland, Kenneth Sanscoucie, Cheryl Hunley and Cindy Lee. Commission Recommendation: Approval; at the May 4, 2017 hearing. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. The Commission discussed the need to prohibit indoor/outdoor live entertainment with operating a retail store for beer and wine sales; if restricted, would special events be allowed through the approval of a temporary use permit. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0044, as presented in the staff report for the hearing date of June 6, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0044, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0044 to the hearing date of [date] for the following reason(s): (You should state specific reason(s) for continuance.) Item #9D: Swindell Subdivision (H-2017-0145) Application(s):  Development Agreement Modification Size of property, existing zoning, and location: This site consists of 20 acres of land, zoned C-C, located off the NWC of S. Locust Grove Road & E. Overland Road. Comprehensive Plan FLUM Designation: MU-C History: This property in 2015 with the requirement of a DA. The DA did not include a conceptual development plan & was required to be amended to include one prior to any development occurring on the site. Building elevations were also required to be submitted that are consistent in design & incorporate some of the same design elements & construction materials to unify the development in accord with the Comp Plan for mixed use designated areas. Further, they should reflect design elements suited for commercial rather than industrial developments (i.e. modulation, fenestration, variations in profile, mix of materials, etc). Summary of Request: Request for an amendment to the DA to include a conceptual development plan and updated building elevations for the site as required by the DA. The proposed concept plan depicts building locations, accesses and parking/drive aisles. In accord with the UDC structure & site design standards, staff recommends additional provisions are added to the DA to ensure compliance with parking & building layout on the site. The applicant has submitted different building elevations than were originally submitted with the application. These elevations incorporate more of the same design elements & construction materials to unify the development as required. Final design is required to comply with the standards in the Architectural Standards Manual. Written Testimony: Brad Miller, Van Auker Companies (Applicant’s Representative) – response to staff report  Provision #5.1(e)(i) - Objects to the requirement for cross-access between lots for interconnectivity Because all lots are accessed via a local street, staff is agreeable to removing this provision. Staff Recommendation: Approval with the removal of DA provision #5.1e.i. as requested by the applicant. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0145, as presented in the staff report for the hearing date of December 5, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0145, as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0145 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #9E: [Project name] ([file #]) Application(s):  Annexation and Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 21.02 acres of land, zoned RUT, located at 4435, 4323, and 4145 N. Black Cat Road. History: None Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant has applied for annexation and zoning of 21.02 acres of land from the RUT district in Ada County to the R-8 zoning district in the City for the development of 93 new single-family residential detached homes on the site. The proposed plat consists of 93 building lots and 11 common lots on 21.02 acres of land in a proposed R-8 zoning district. Lots range in size from 4,060 to 9,981 square feet (s.f.) with an average lot size of 5,692 s.f. The gross density for the subdivision is 4.42 units/acre which is consistent with the MDR designation. The property is proposed to develop in 2 phases as shown on the subdivision plat. Access: Access is proposed for this site via the extension of an existing stub street, N. Oakstone Avenue, at the north boundary of t he site from Oak Creek Subdivision; and from a proposed connection to N. Black Cat Road. Open Space: A minimum of 2.10 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. The applicant proposes 2.98 acres (or 14.2%) qualified open space. Site Amenities: A minimum of 2 qualified site amenities are required to be provided. The applicant proposes to provide a tot lot, a half- court basketball court and a section of the City’s regional pathway. Staff is supportive of the proposed site amenities. Pathways: Staff recommends the pathway be extended north along N. Black Cat Road to the intersection of W. Belltower Drive and N. Black Cat Road in order to accommodate a better crossing to the east side of N. Black Cat Road. Waterways: The Five Mile Creek runs along the southern boundary of the site. The UDC (11-3A-6B1) requires natural waterways like the Five Mile Creek be left open as natural amenities. The applicant is requesting that the Five Mile Creek be left open and improved with adjacent landscaping and a pathway. Building Elevations: The applicant has submitted 10 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal and vertical lap and shake siding with stone/brick accents and asphalt shingles. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jane Suggs (Applicant) Linda Harger ii. In opposition: Carolyn Taylor, Jim Reed, Laura Longshaw, Matthew Chrispin iii. Commenting: Carolyn Taylor, Jim Reed, Laura Longshaw, Matthew Chrispin, John Tessin, iv. Written testimony: Bev Tessin, James Reed v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons Key issue(s) of Public Testimony: i. Concerns about losing the wildlife that utilize the property. ii. Concerns about construction traffic through existing neighborhoods iii. Concerns about the amount of open space being proposed for the development will not be sufficient for the residents. iv. Concerns regarding the proposed change in elevation for the property and how that will impact the adjacent lots. Key Issues of Discussion by Commission: i. Whether or not the subject property contains “wetland” and what impact that designation would have on the proposed subdivision. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: James Reed Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0117, as presented in the staff report for the hearing date of December 5, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0117, as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0117 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 9A PROJECT NUMBER: H-2017-0131 ITEM TITLE: Rockbury Subdivision Final Plat Continued from November 21, 2017 for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way MEETING NOTES Fa Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 9B PROJECT NUMBER: H-2017-0104 ITEM TITLE: Movado Greens Subdivision Public Hearing Continued from November 28, 2017 for Movado Greens Subdivision (H-2017-0104) by DevCo, LLC located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road /\JO 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 Movado Greens Movado Estates Neighborhood Park Movado Estates Amenities Urban Product Thank you. Movado Traffic Concerns •Increased traffic •Pepper Ridge and Day care •Micron, Gowen, SE Boise •Traffic avoiding Overland road (High School students MT View) •Safety •Speeding 20mph •Failure to stop (Hollandale) •Capacity (1 trip = 2 passes per vehicle) MOVADO COPPER Southern access Only Cloverdale access for Movado, Copper, Sutherland Downs, Sutherland Farm, and all cut through traffic. (avoiding overland lights) Tristram and W. Hollandale Goshen Way and W Hollandale S. Cloverdale S. Cloverdale Would you sit in this traffic or turn left? L V L CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: December 5, 2017 Item # Project Number: Project Name: H-2017-0104 �M Movado Greens Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) tv, 67 v � �v � 2 � Q s ✓ _ /J C) C11 \ l F I.CJ`r�1�cor,r1 E lbo V Ac, -i er , Oh pe- v%(A " C 4 V i blk nOt� o — L/ Nio, �, f �� C WWII ✓ N a F��-s osIL V GaC 1. A ME WA CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: December 5, 2017 Item # Project Number: Project Name: H-2017-0104 Movado Greens Subdivision Please print your name For Against Neutral Do you wish to testify (YIN) _J GSSG 'D ver �oirl"rl +c.", arm �50.,✓�c� ►� � > V tai n -4n So ti V, VZ k ✓ Yes Al 'i c,i o: wvw N v 04 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: December 5, 2017 Item # Project Number: Project Name: H-2017-0104 Movado Greens Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) G / Vv Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 9C PROJECT NUMBER: H-2017-0044 ITEM TITLE: UDC HU011C Hearing Continued TroM November or Text Amendment (H-2017-0044) by City of Meridian Planning Division 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements AND Establish New Definitions and Regulations to Allow the Operation of Food nnrl RPvPrnnP Prnrli irk PrnrPeeinn Minnr in the (-nmmPrrinl 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: December 5, 2017 Item # 9C Project Number: H-2017-0044 Project Name: UDC Text Amendment Please print your name For Against Neutral Do you wish to testify (YIN) 1 November 30, 2017 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Unified Development Code (UDC) Text Amendment – H-2017-0044 December 5, 2017 City Council Agenda Item On June 6th, Staff presented to the Mayor and Council proposed changes to several sections of the Unified Development Code (UDC), Title 11 of Meridian City Code. The Council continued the public hearing on the UDC changes to November 14th and directed staff to establish a stakeholder group of approximately 10-15 people, to discuss home-based businesses. During the November 14th public hearing, Staff presented revisions to the June 6th version of the UDC changes. The Council continued the public hearing once more to December 5th, giving the public additional opportunity to review the changes and prepare comments. Some additional minor changes have been made since the November 14th workshop; Staff will highlight changes during the December 5th hearing. Attached is the draft-final version of the UDC changes. Staff believes this version balances the needs of both the private and public sectors and protects the residential character of neighborhoods while allowing home-based businesses. Background: Over the past several months, Code Enforcement, Legal and Planning Staff have noted issues with certain sections of existing City Code. Some of the issues noted create enforcement problems, confusion for the public and applicants, and unintentionally create land use prohibitions not intended. Staff from Planning, Legal, Building and Code Enforcement primarily, collaborated on the initial UDC changes. These UDC changes were shared with the UDC Focus Group and the Building Contractors Association of Southwest Idaho before submittal, with no comments received back. However, days prior to the June 6th public hearing, several letters of concern were received from the public. As directed by the Mayor and Council, City Staff contacted several of the parties that were present for the June 6th meeting, inviting them to participate in developing standards for home-based businesses. Invited were: Eric Ritter, Jeff Todd, Mindy Lin, Ryan Cardoza, Eric Wallentine, Carolyn Smith, Kevin and Becky Preece, Shyrel and Norm Stoddard, Soren Dorius, Luke Cavener, Emily Kane, Lacy Ooi, Bill Parsons, Emily Kane, Robert Simison, and Caleb Hood. Not all of those invited were able to participate. However, for those that weren’t present at the in-person meetings, a 2 summary e-mail was prepared and communication about the status and next steps shared electronically. The workgroup met three times: July 18th, August 30th and September 28th. The UDC changes attached affect several sections of the UDC, not all of them related to home occupations. However, the changes proposed that do affect home occupations were developed, vetted and endorsed by the established workgroup. The workgroup spent a majority of the time discussing section 11-4-3-21 of the UDC. Purpose: The subject application is meant to serve several purposes: 1) Establish a clear procedure for approving, revoking, modifying and denying an accessory use permit (aka – home occupation); 2) Modify and add definitions to Chapter 1 of the UDC for several uses; 3) Clarify the requirements for permitted, prohibited and accessory uses in the zoning districts in Chapter 2; 4) Modify the specific use standards of food products processing, accessory uses, home occupations and retail stores, wine and beer sales and servings in Chapter 4 of the UDC; 5) Restructure and re-ordering the existing surety and occupancy verbiage in Chapter 5 (11-5C- 3) to improve the administration of this section; and, 6) Incorporate new standards to allow for the establishment of food and beverage products processing, minor. Request: Staff recommends Council approve the subject UDC Text Amendment application: H-2017-0044, as presented herein. 3 Proposed UDC Text Amendments UDC Section Topic Problem/Question Potential Fix 11-1-11D Process for revocation of accessory use permit City Council has primary jurisdiction over the question of whether to revoke accessory use permits; this should be a director-level decision, with appeal to City Council. D. Revocation of Conditional Use Or Accessory Use Permit: 1. A conditional use or accessory use permit may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If the city council decides to revoke a conditional use permit or accessory use permit, either on its own action or upon complaint to the city council, the council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation at a public hearing before the City Council. 3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 4. The city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use or accessory use permit. If the council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270. 11-1-11E Process for revocation, modification, or denial of accessory use permit Allows director to determine whether to revoke accessory use permit, with option to appeal to City Council. E. Revocation, modification, or denial of accessory use permit: 1. An accessory use permit may be revoked or modified by the director upon a finding of breach or violation of any condition of approval or limitation of the permit. An accessory use permit application may be denied by the director upon a finding that the proposed use cannot or will not be conducted in compliance with applicable specific use standards. The director shall provide the permit holder written notice of the revocation, modification, or denial, and shall provide the permit holder with information regarding the opportunity to appeal such action. 2. The permit holder or applicant may appeal the director’s revocation, modification, or denial of an accessory use permit. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation, modification, or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The clerk shall provide fifteen (15) days’ notice of the hearing to the permit holder or applicant and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 3. Following public hearing on the appeal, city council shall affirm, modify, or reverse the director’s action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. 11-1A-1 Define accessory use Further define this term. ACCESSORY USE, NON-RESIDENTIAL: A use or activity that is incidental and secondary subordinate to the principal use and is conducted upon the same property. 11-1A-1 Define brewery New term BREWERY: The use of a site that manufactures beer or malt liquor. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass. 11-1A-1 Define direct sales New term DIRECT SALES: The sale, distribution, presentation, demonstration, or supply of goods directly to consumers from the fabricator or producer of such goods through independent consultants, agents, or contractors. 11-1A-1 Define distillery New term DISTILLERY: The use of a site that manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. 11-1A-1 Drinking establishment Remove the term brewery from the definition. DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. Thise use includes, but is not limited to, is commonly referred to as a bar, brewery, lounge, nightclub, and tavern. 11-1A-1 Food products processing Bifurcate food and beverage products processing into two (2) separate categories; major or minor similar to the UDC vehicle repair definition. FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR (NAICS Code 311): The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Excluded uses are animal products, seafood, milling and refining. 11-1A-1 Define food and beverage products processing; minor New term FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: The use of a site or portion thereof for small scale operation of producing; manufacturing; processing and storage of food and beverage products. The use must contain a tasting room, dining area, retail showroom or any combination of these areas. The term includes brewery; distillery and winery. A use that does not meet the specific use standards listed in Chapter 4 shall be defined as Food and Beverage Products Processing, Major. 4 11-1A-1 Define home occupation Modify the term home occupation. ACCESSORY USE, HOME OCCUPATION: An occupation, profession, activity, or use or activity that is clearly an incidental and secondary use of to a residential dwelling unit. and that does not alter the exterior of the property or affect the residential character of the neighborhood. This term shall not include “Daycare Facility” as herein defined. 11-1A-1 Industry, heavy Minor revision to the existing definition. INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Included uses are animal products, seafood, milling and refining. 11-1A-1 Define personal and professional services Modify the current term of personal and professional services. PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers; fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies. The term does not include healthcare and social service. 11-1A-1 Restaurant Minor revision to the existing definition. RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.074. C. Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04, including, but not limited to, brewpubs and wine bars. 11-1A-1 Define retail sales New term RETAIL SALES: The sale, distribution, presentation, demonstration, or supply of goods to consumers through or at a retail store. 11-1A-1 Retail store, wine and beer sales and servings Minor revision to the existing definition. RETAIL STORE, WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or beer to the public for monetary compensation for off-site consumption as well as and offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. The use does not include, brewery, distillery, drinking establishments, or restaurants or winery as herein defined. The use does not include stores that sell wine and beer but do not offer servings. 11-1A-1 Define Winery New term WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of wine by the drink or glass. 11-2A-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the residential zoning districts. A. Permitted uses and accessory uses in residential districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. , except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Single-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. The operator of a home occupation accessory use or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 3. Any other permitted and/or non-residential accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 5 Table 11-2A-2 Allowed uses in the residential districts Include direct sales as an allowed use in the residential districts. TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Daycare center1 - C C P P Daycare, family1 - A A A C Daycare, group1 - - C P P Direct sales3 A A A A A Dwelling, secondary1 A A A A A Home occupation, accessory use1 A A A A A Notes: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2. Multi-family dwellings may be allowed in the R-4 and R-8 land use districts when included in a planned unit development (PUD). 3. Subject to the home occupation, accessory use standards set forth in UDC 11-4-3-21. 11-2B-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the commercial zoning districts. A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating, or carrying on a home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. The operator of a home occupation accessory use or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 2. Any other permitted and/or non-residential accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 6 Table 11-2B-2 Allowed uses in the commercial districts Allow small scale operations of food and beverage products processing in the commercial districts; remove home occupations from operating in the L-O and C-N zoning districts because residential uses are typically not allowed in these zoning districts and add retail sales as a new use to the table. TABLE 11-2B-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS Use C-N C-C C-G L-O M-E H-E Flex space1 - P P - P - Food and beverage products processing; minor1 P/C P/C P/C - P/C P/C Fuel sales facility1 C P P - - C Fuel sales facility, truck stop1 - - C - - - Healthcare or social services P P P P P P Home occupation, accessory use1 A A A A - - Use C-N C-C C-G L-O M-E H-E Restaurant P P P C A A Retail sales P P P - A A Retail store P P P - A A 11-2C-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the industrial zoning districts. A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any permitted and/or non-residential accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. Table 11-2C-2 Add new use to table Allow small scale operations of food and beverage products processing in the industrial districts. TABLE 11-2C-2 ALLOWED USES IN THE INDUSTRIAL DISTRICTS Use I-L I-H Food and beverage products processing; minor1 P/C - Food and beverage products processing; major1 P P 7 11-2D-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the traditional neighborhood zoning districts. A. Permitted uses and accessory uses in traditional neighborhood districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Single-family detached homes, single-family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. The operator of a home occupation accessory use or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 3. Any other permitted and/or non-residential accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. Table 11-2D-2 Allowed uses in the traditional neighborhood districts Add accessory use at the end of home occupation for consistency through-out the document. TABLE 11-2D-2 ALLOWED USES IN THE TRADITONAL NEIGHBORHOOD DISTRICTS Use O-T TN-C TN-R Financial institution1 P P C Food and beverage products processing; minor1 P/C P/C - Healthcare or social services P P - Home occupation, accessory use1 A A A 8 11-4-3-9 Daycare facility Modify daycare standards to coincide with the accessory use standards. A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-6C 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupations accessory uses: 1. In no way shall the family daycare cause the premises to differ from its residential character in the appearance, emit lighting, signs, or in the emission of noise, fumes, odors, smoke, dust, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11-3D-8B. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. 11-4-3-19 Food products processing Existing standards in Chapter 4 needs to be re-titled as food and beverage products processing “major”. 11-4-3-19: FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. environmental protection agency, the U.S. department of agriculture, Idaho department of environmental quality (DEQ), Idaho department of agriculture, Idaho department of water resources, and Central district health department. 9 11-4-3-21 Home Occupation Modify the specific use standards to have more expressed standards to eliminate vague requirements and make the standards more enforceable. Recently there have been uses approved as home occupations that have been more commercial in nature however; the current standards as written make it difficult for the City to enforce. 11-4-3-21: HOME OCCUPATION ACCESSORY USE: TheIn addition to the noticing requirements set forth in subsections 11-2A-2A, the following standards apply to all home occupation accessory uses with the exception that strict adherence to the standards contained in subsections B, C, E, F, G and FH of this section in the TN-C and TN-R districts is not required: A. The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential use. The operator of the home occupation accessory use shall be responsible for obtaining an accessory use permit, as well as any and all other applicable licenses, permits, or inspections, prior to operating the home occupation accessory use. Where a home occupation accessory use includes the provision of lessons or instruction to a group of seven (7) or more students at one time, prior to submittal of an application for an accessory use permit, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title. B. Allowed home occupation accessory uses include, but are not limited to: 1. Personal and professional services. 2. Direct sales. 3. Artisan craft production or instruction. 4. Art, dance, music, or other lessons/instruction. 5. Any other similar use, as determined by the Director. C. Prohibited home occupation accessory uses include, but are not limited to: 1. Vehicle repair. 2. Vehicle rental. 3. Vehicle washing. 4. Equipment repair. 5. Equipment rental. 6. Retail sales, except: a. The sale of services or items produced or fabricated on the premises as a result of the home occupation accessory use; b. The sale of products secondarily related to the personal service aspect of the home occupation accessory use; or c. The sale of products sold online that are delivered to customers by mail. 7. Any other use prohibited by the UDC or in violation of the purpose statement of this code, as determined by the Director. A.D. In no way shall the home occupation accessory use emit lighting, signs, or in the emission of noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed at the dwelling for advertising the home occupation accessory use in accord with the standards set forth in UDC 11-3D-8B. B.E. The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten percent (10%) twenty five percent (25%) of the overall living area of said dwelling shall be used for a home occupation accessory use or for storing goods associated with the home occupation accessory use. An attached garage shall be included in the calculation of the area of the dwelling for this purpose. may be used for a home occupation provided it shall not reduce the required off street parking below the standard established for that district and the area being used for the home occupation is calculated to be no greater than twenty five percent (25%) of the overall living area of the dwelling. C.F. No activity connected to the home occupation accessory use or any storage of goods, materials, or products connected with a home occupation accessory use shall be allowed in any detached garage or detached accessory structure. D. 10 E. G. The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. H. The home occupation accessory use shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted at any time. G. I. The home occupation accessory use shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation; or 3) products sold online that are delivered to customers by mail. I. J. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. J. K. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. K. The home occupation shall only be allowed as an accessory use to an allowed residential use. 11-4-3-46 Specific use standards for food and beverage products processing; minor New specific use standards for food and beverage products processing; minor. 11-4-3-46: FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: A. The building or tenant space shall not exceed a gross floor area of 5,000 square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed 10,000 square feet. B. In the commercial districts, a conditional use permit shall be required when the use is located within three hundred feet (300’) of a residential district or existing residence. C. In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five percent (25%) of the building and/or tenant space, as applicable. D. In the industrial districts, the dining area, tasting area and the retail showroom or any combination thereof, shall not exceed more than twenty-five percent (25%) of the building and/or tenant space, as applicable. E. Storage of materials used in the production process shall only be permitted within a completely enclosed structure. Other outdoor storage areas not associated with the production process shall comply with section 11-3A-14, "Outdoor Storage As An Accessory Use", of this title. Outdoor storage is prohibited in the traditional neighborhood districts. F. Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception. G. Alcohol servings shall be limited to the following time periods: eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. 11 Table 11-5A-2 Decision making authority and process by application Clarify which administrative process to follow when applying for an accessory use permit. TABLE 11-5A-2 DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION Application Recommending Body Decision Making Body Process Accessory use for daycare, family None D N Accessory use, home occupation with customers, clients, and/or employees None D N A Accessory use, home occupation with no customers or clients including provision of lessons or instruction to a group of seven (7) or more students None D A N CC = City council A = Administrative D = Director N = Administrative with public notice PZ = Planning and zoning commission PH = Public hearing PM = Public meeting 12 11-5C-3 Surety Agreements There isn’t any new language being proposed for this section. All of the proposed changes are restructuring existing language in a more efficient chronological order to improve the administration of this section of the code. 11-5C-3: PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post a performance surety for such improvements that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving) in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by city council resolution. The estimated cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by city council resolution. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The amount of surety called for shall be established by city council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. The amount of surety called for shall be established by city council resolution. D. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. 3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. G. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Meridian City Council Meeting DATE: December 5, 2017 ITEM TITLE: Swindell Subdivision ITEM NUMBER: 9D PROJECT NUMBER: H-2017-0145 Public Hearing for Swindell Subdivision (H-2017-0145) by Volante Investments, LLLP is located off the northwest corner of S. Locust Grove Road and E. Overland Road 1. Request: Modification to the development agreement (Inst. #2016-045074) to include a conceptual development plan and building elevations MEETING NOTES GG Wdel►i — AIS 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: December 5, 2017 Item # 9D Project Number: Project Name: H-2017-0145 Swindell Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 9E PROJECT NUMBER: H-2017-0117 ITEM TITLE: Rapid Creek Public Hearing for Rapid Creek Subdivision (H-2017-0117) by WHPacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Road 1. Request: Annexation and zoning of 23.02 acres of land with an R- 8 zoning district; 2. Request: Preliminary plat consisting of 93 building lots and 11 common lots on 21.02 acres of land in a proposed R-8 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 L V CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: December 5, 2017 Item # Project Number: H-2017-0117 9E Project Name: Rapid Creek Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) c -1—AV 4 i` / I v '04 A// l) ��R� Rapid Creek Subdivision Rapid Creek Subdivision Rapid Creek Subdivision Rapid Creek Subdivision Rapid Creek Subdivision Meridian City Council Meeting DATE: December 5, 2017 ITEM TITLE: ITEM NUMBER: 10A PROJECT NUMBER: Continued from November 14, 2017: Community Development/Planning Division: Idaho Avenue Amenities - Transfer of Ownership from Meridian Development Corporation to City of Meridian and Next Steps 1. Resolution No. 17-2048: Joint Resolution of Meridian Development Corporation and City of Meridian Signifying Transfer by MDC and Acceptance by City of Idaho Avenue Decks, Planters, and Bicycle Rack 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 November 8, 2017 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Idaho Avenue Streetscape Improvements November 14, 2017 City Council Workshop Item In 2015, the City and MDC agreed to jointly fund interim streetscape improvements on Idaho Avenue, between Main Street and 2 nd Street. The City and MDC each spent approximately $12,000 on decking, planters and other improvements on this block. While the agencies partnered on the project, ownership was never addressed. On November 8th , the MDC Board voted to approve a Joint Resolution that turns over their interest in the decks, planters and bicycle rack to the City. The City Council is being asked to approve the Joint Resolution transferring MDC ownership to the City on November 14 th . The Idaho Avenue Rightsizing (or Placemaking) project was intended to be a temporary installation, somewhat mimicking a potential long-term cross-section for the block that “activates” the street and improves opportunities for adjacent businesses. Recently, some of the business owners on this block have questioned how successful this project has been. Further, they’ve recently noted that the street sweepers are not able to pick up the leaves due to the decks and planters. They are concerned that the leaves will block the gutters under the decks and create a drainage issue when it rains and snows. City Staff recently met with Nick Grove, the MDBA President to discuss these issues (maintenance/leaves and the worth of streetscape elements.) The MDBA, in association with MDC and Community Development Staff, is going to host a meeting with the property and business owners on this block on Monday, November 20 th at 3 pm at Meridian City Hall to discuss Idaho Avenue. As Council considers accepting 100% ownership of the planters and decks, Staff wanted to make you aware that these discussions were going on. Further, Staff would like to get feedback from Council on these issues. As Staff sees it there are several options, some requiring more resources than others: 1) Leave as-is (do nothing); 2) Leave as-is, but do seasonal leaf blowing under decks; 3) Remove some of the decking and planters (allows businesses like Paulie’s to have outdoor dining); 4) Remove decks and planters and store during winter months and replace during spring and summer; 5) Remove decks and planters and go back to the way things were before the installation; 6) Remove and relocate the decks and planters somewhere else in downtown; and, 7) Other. CITY OF MERIDIAN BY THE CITY COUNCIL: MERIDIAN DEVELOPMENT CORPORATION BY THE BOARD OF COMMISSIONERS: RESOLUTION NO. 17- tL 0 y BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS RESOLUTION NO. 17- 6 5 Z BASALONE, BEVAN, BIRD, DE WEERD, McCARVEL, MUELLER, RITTER, VLASSEK, WINDER A JOINT RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AND THE BOARD OF COMMISSIONERS OF THE MERIDIAN DEVELOPMENT CORPORATION SIGNIFYING TRANSFER BY MDC AND ACCEPTANCE OF OWNERSHIP BY CITY OF IDAHO AVENUE DECKS, PLANTERS, AND BICYCLE RACK, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City and MDC are mutually interested in enhancing the Meridian community's quality of life and stimulating economic development in the urban renewal area; WHEREAS, to these ends both parties invested in the purchase and construction of decks, planters, and a bicycle rack ("Amenities"), set along the curbs of Idaho Avenue, to extend pedestrian and seating areas and beautify downtown Meridian, as proposed by the Meridian Downtown Business Association ("MDBA"); WHEREAS, pursuant to a Cooperative Agreement executed by MDBA and MDC on February 24, 2016, ("February 24, 2016 Cooperative Agreement"), MDBA agreed to care for the vegetation in the planters until released of such obligation by MDC, and accepted other rights and responsibilities regarding the planters, which agreement and all attendant rights and responsibilities will be extinguished upon City's acceptance of ownership of the Amenities; WHEREAS, by this resolution, the Board of Commissioners of the Meridian Development Corporation seeks to transfer ownership and maintenance responsibilities for the Amenities to City; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to accept, on behalf of the City, ownership of the Amenities; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That by this instrument, MDC hereby transfers ownership of the Amenities to the City of Meridian. RESOLUTION TRANSFERRING OWNERSHIP OF DECKS AND PLANTERS FROM MDC TO CITY IPAGE l Section 2. That by this instrument the City of Meridian hereby accepts ownership of the Amenities from MDC. Section 3. That it is understood by the parties that upon adoption and approval of this resolution, City's ownership rights and responsibilities shall be exclusive, and shall include the authority to make all decisions regarding maintenance, location, replacement, and/or retention of the Amenities, in City's sole discretion; Section 4. That, within thirty (30) days of the adoption and approval of this resolution, MDC shall deliver to MDBA written notice of the termination of the February 24, 2016 Cooperative Agreement between MDC and MDBA, the release of MDBA's obligation to care for the vegetation in the planters, and of the transfer of ownership of the Amenities to City. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval by the respective boards of MDC and City. ADOPTED by the Board of Commissioners of the Meridian Development Corporation on the day of O p Ve YfA l()ff, 2017. APPROVED b the Chairman of the Board of Commissioners of the Meridian Development Corporation on this day of NJOVCM f, 2017. APPROVED: C lju ------ Dan Basalone, Chairman Meridian Development Corporation ATTEST: By: Nathan Mueller, Secretary/Treasurer Meridian Development Corporation ADOPTED by the City Council of the City of Meridian, Idaho, this S day of 1,-)eC,0/v1 6e K , 2017, APPROVED by the Mayor of the City of Meridian, Idaho, this 5 day of PelW1 eAl- , 2017. APPROVED: ATTEST: QRp,SED AtlG�sl �Q' t City or w By: Tammy - e eerd, Mayor E IDIAN C,J& oles,C'ty Cler IDAHO sCIL SEAL RPCr)l TITi(ITJ TTJQNC)±I?RR1U(2.(1lUNFR CATP (1F TIT+C'V q 4TIT) PT Ah7TFRC PRON4 AATI(' T!l (11TV PA(;F 7 Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Fire Department: Budget Amendment for Exhaust Carcinogen Testing Not -to -Exceed $4,000 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 l= z Z� z 0 0 0 0 f 1 M o 0 0 X903 �. `}' z° z z° z° E H d a m LL E t v E E a THE SEN c m E Z v LL co 00 O o N � 1� LL c W Lo LL L O Fo 4— w O a a >, E a C) LL N J C7 Yi n dO) N R6 f5 0 0 C m 0 L1 Q_ T U c c C L D C O W p C � +� � O H IA a� C ? _m 7 � ra C O ° x LU C L1 Q i i6 a 3 e m E 0 O O O u � � o O � � O v Q co 00 O o N � 1� LL c W Lo LL L O Fo 4— w O a a >, E a C) LL N J C7 Yi n 44 O Q Q � U w 0 0 C m 0 t T U c c a u u O v U IA a� C ? _m 7 � ra C O y0i ° x LU C fL0 a m v Y C 3 E 0 O O O u O ° v Q) O C N C v Q NO _ > N U OQ Y a @ U O d > O C 7, E w d i w Q) 0 0 0 0 O O O O O to O .-I N (+1 Ul N N N m 0 0 0 0 O O O O O O O O c -I N N ci N N r-1 ci N N N N N N N N C O O O O 0 0 0 0 44 O Q Q � U w 0 0 C m 0 t T U c c a u u O 0 0 a 0 0 IA a� ? _m 7 N c v O y0i ° x LU C a m v Y C mC m O N {y C 0 O O O u ° v Q) U l7 0 Q) U � C O O d O O O O O O O O O O O O O 0 O U) O O O O O O O O O O O O O N N N N N H N r -I N N c -I N N N N N N N N N N N N N N N N N N c -I N rl N H ci O O O O O O O 0 O O 0 O 0 O O O 0 O O O V Y c Q � U w 0 0 C m 0 t T U c c a u u 0 0 a 0 0 IA a� ? _m 7 N c v O y0i ° x LU C a m v Y C mC m O N {y C 0 O O O u ° v Q) U l7 0101010 J L7 N E 0 U- C: 0 E � E e E Q 2 O � _ co co 0 C � U- E § � % 2-1 0 4- m 9; I 'k. �\) § a E \ \ 7 co to ) //\§ a E \ Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: r finance No. - : An Ordinance (Maverik - H-2016-0027) of the City of Meridian granting annexation and zoning for part of the Northeast Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as described in the attached Exhibit "A"; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning C-Ingtiiii� n it �n ni ;ni� i i rind-, iii �i C-9 to Rafnil nnri 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 ADA COUNTY RECORDER Christopher D. Rich 2017-116567 BOISE IDAHO Pgs=5 LISA BATT 12/06/2017 04:39 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 17-1732C COUNCIL:BY THE CITY BIRD, :O• ' MIL.PALMER,ROBERTS AN ORDINANCE (H-2016-0027 MAVERIK) FOR ANNEXATION FOR PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM C-2 TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. Ina IIdle]717.1110110 0178 INos10§►%EMIL$]7,1►`1$adl,IweI11 W111joLlIILI] a nIwe1i11'/ OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTTON 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho; and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Russel S. Barger. SECTION 2. That the above-described real property is hereby annexed and re -zoned from C-2 to C -G (General Retail and Service Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — MAVERIK (H 2016-0027) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict. herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly; this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of Deem b-Qr 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �� day of � ece-rnb-e r , 2017. A ANNEXATION MAVER,IK (H 2016-0027) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this -5' day of � e C e rY1 �� r> 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. S ENE �L••. .: •.•�?'E OF 1•.. '••8896••• (.MAU/J'� NOTARY PUBLIC FOR IDAHO -/ / RESIDING AT.. y%� P/),C�IJL�� _ T C.�S=vw� MY COMMISSION EXPIRES;3-a4 00,9, 9 - ANNEXATION — MAVERIK (H 2016-0027) Page 3 of 3 EXHIBIT A EXHIBIT B NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17-1732C PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for part of the Northeast Quarter of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.136 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit ".B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 15 day of OeZel/ 66,4— , 2017. City oflV�ejidian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: Id- / � / )0/-7 .Go�POL2A'CED q tic S f City of 9F' Rij 1�1n1Y n� ehAf�p �qf! aPVti _-be.tn�......aF. 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- i 7 3 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. 17-173;�-G 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 r day of Deceryibor , 2017. William. L.M. ary City Attorney ORDINANCE SUMMARY - MAVERIK (H-2016-0027) Meridian City Council Meeting DATE: December 5, 2017 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: r mance No. - . An Ordinance (Aegean Subdivision - H-2017-0114) of the City of Meridian granting annexation and zoning for a portion of the NW '/4 of Section 33, Township 4 North, Range 1 West, as described in the attached Exhibit "A"; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Cnirl I nnrlc of 65 99 nares of Innrl frnm RI IT to R-4 IMPrlii im_I_n\n/ 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 2017-116566 BOISE IDAHO Pgs=10 LISA BATT 12/06/2017 04:38 PM CITY OF MERIDIAN, IDAHO1 NO FEE CITY OF MERIDIAN ORDINANCE NO. ` i I b BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, PALMER, ROBERTS , 1,� � 1 r • r 1 � I• '' ' 1 . OFT t 1 ! 1 !'i PROVIDING DATE. l.r, r t !• • r ! ! ! SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Premier Invesirrzents, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium -Low Density Residential District)(25.79 acres) and R-8 (Medium Density Residential District)(36.50 acres) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — AEGEAN SUBDIVISION (H 2017-0114) Page I of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (IQ) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5`l' day of beY 12017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this b4+1 day -of `D2eeYYl be -V' 2017. ATTEST: CIAY COL S, CITY CLERK <: *55 MAYO T MMY de WEERD �RD�iP'CG'0 AIICUS�l GG �� ti City of ERIDIAN �. IDAHO k, ANNEXATION — AEGEAN SUBDIVISION (H 2017-0114) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 5441 day of DeCCM100- f , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ••,sees.., NOTARY PUBLICFOR IDAHO ••• ENE '••• RESIDING AT: �-f r%vLmo, fTA -1 MY COMMISSION EXPIRES: 3 - 9y a6 a 2 49 •'`� TE OF 1 •.. '',less...••• ANNEXATION — AEGEAN SUBDIVISION (H 2017-0114) Page 3 of 3 EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 EXHIBIT B Aegean Subdivision – AZ, PP H2017-0114 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- 1 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of land in a portion of the NW '/4 of Section 33, Township 4 North, Range 1 West, Boise, Ada County, Idaho. These parcels contain 65.29 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue 33 �Meridian, Idaho, This ordinance shall become effective on r day of ��✓''�lil' , 2017. S City o4 C ' of Mi ian�;, Mayor and ity Council �� SFS �w By: C.Jay Coles, City Clerk 2- First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_Y NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- 1 7 5- �7 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-?( 5.5- 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 G +14 day ofe,C" r r {'jPit� , 2017. C7N--a- Wi iam. L. M. Ory City Attorney ORDINANCE SUMMARY - AEGEAN SUBDIVISION (H-2017-0114) Meridian City Council Meeting DATE: December 5, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74-206(1) (j): To consider labor contract matters authorized under section 67-2345A [74-206A] (1) (a) and (b), Idaho Code. MEETING NOTES T,✓ e l0 - 31 �r ovf f 10 : 3y PM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 13 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS