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2017-12-19
Meridian City Council Meeting Agenda Tuesday, December 19, 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 19, 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 Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted as amended 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 as amended A. Approve Minutes of September 5, 2017 City Council Special Meeting B. Approve Minutes of December 5, 2017 City Council Special Meeting C. Approve Minutes of December 5, 2017 City Council Regular Meeting D. Paramount Director Subdivision No. 1 Recreational Pathway Easement E. Paramount Director Subdivision No. 1 Sewer and Water Main Easement Partial Release F. Paramount Director Subdivision No. 1 Sewer and Water Main Easement CITY COUNCIL REGULAR AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, December 19, 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. G. Regency Phase 2 At River Valley Sanitary Sewer and Water Main Easement Partial Release H. Regency at River Valley Phase 2 Sanitary Sewer and Water Main Easement I. Dog License Designee Agreement between Settlers Park Veterinary Hospital and City of Meridian J. Dog License Designee Agreement between Meridian Veterinary Hospital and City of Meridian K. Dog License Designee Agreement between Idaho Humane Society and City of Meridian L. Dog License Designee Agreement between Linder Pet Medical Care and City of Meridian M. Final Plat for Kentucky Ridge Estates South (H-2017-0158) by T & M Holdings located east of S. Linder Road and south of W. Victory Road N. Findings of Fact, Conclusions of Law Revised for Aegean Estates (H-2017- 0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road O. Findings of Fact, Conclusions of Law 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 P. Findings of Fact, Conclusions of Law for Rapid Creek Subdivision (H-2017- 0117) by WHPacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Road Q. Development Agreement for Village Apartments (AZ 15-011, MDA 15-012) with GFI – Meridian Investments, LLC R. Second Amendment To Subrecipient Agreement Between City Of Meridian And Meridian Development Corporation For Py2016 Community Development Block Grant Funds S. Approval of Task Order 10701.b for Professional Services for “SCADA TECHNICAL SUPPORT SERVICES for FY2018” to CH2M Hill Engineers, Inc. for the Not-To-Exceed amount of $50,529.00 Meridian City Council Meeting Agenda Tuesday, December 19, 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. T. Approval of Award of Bid WTR-1806-10889 and Purchase Order #18-0166 to E.H. Wachs Company for the WACHS Valve Turning Truck/Equipment for a Not-To-Exceed amount of $66,325 U. Approval of Award of Bid and Agreement to DAHLE CONSTRUCTION, LLC for the WATERMAIN EXTENSION AMITY – LINDER project for a Not-To- Exceed amount of $899,380.00 V. Approval of a Sole Source Purchase for Fire Station Exercise Equipment from Rogue Fitness for the estimated amount of $12,925.00 W. October FY2018 Financial Report X. AP Invoices for Payment - $3,041,853.59 Y. Amended onto agenda: Award of RFQ and Approval of Agreement to Rice, Fergus, Miller, Inc. for the “Fire Station 6 Pre-Design & Programming Services” project for a Not-To-Exceed amount of $93,607.00 7. Items Moved From the Consent Agenda 8. Community Items/Presentations A. Republic Services and SWAC Updated Report on Changing Market Conditions for Recycling Mixed Plastics B. Meridian Mural Update 1. Budget Amendment not-to-exceed $16,000; Approved 2. Master Agreement for Professional Services with Sector Seventeen LLC: Mural Design, Installation, and Maintenance; Not addressed 3. Task Order for Mural Design: 611 N. Main Street for an amount not to exceed $3,000 Not addressed 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. Meridian City Council Meeting Agenda Tuesday, December 19, 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. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Appointment of Cameron Arial as Community Development Director Approved B. Final Plat for Castlecreek Subdivision (H-2017-0150) by Northwest Ventures, LLC located at 2432 E. Amity Rd. Continued to January 23, 2018 C. Public Hearing for Community Development Block Grant Program Year 2016 Consolidated Annual Performance and Evaluation Report (CAPER) 1. Resolution No. 17-2053: A resolution approving submission and adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2016 to United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to execute and attest the same on behalf of the City of Meridian; and providing an effective date. Approved 10. Ordinances A. Ordinance No. 17-1755A: An Amended Ordinance (H-2017-0114 Aegean Subdivision) For Annexation Of A Portion Of The Nw ¼ Of Section 33, Township 4 North, Range 1 West, 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 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 An Effective Date. Approved B. Ordinance No. 17-1758: An Ordinance Of The City Of Meridian In Ada County, Idaho, Amending Meridian City Code Section 5-4-10, Regarding Meridian City Council Meeting Agenda Tuesday, December 19, 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. Public Fireworks Display; Adopting A Savings Clause; And Providing An Effective Date. Approved C. Ordinance No. 17-1759: An Ordinance Of The City Of Meridian In Ada County, Idaho, Repealing And Replacing Title 4, Chapter 2, Meridian City Code, Regarding Nuisances, Specifically: Definitions; Responsible Party; Procedures And Penalties For Abatable Nuisances; Procedures And Penalties For General Nuisances; Hindering Authorized Person; Adopting A Savings Clause; And Providing An Effective Date. Approved D. Ordinance No. 17-1760: An Ordinance (AZ 15-012 Village Apartments) For Annexation And Rezone Of A Parcel Of Land Located In The Sw ¼ Of The Nw ¼ Of Section 4, 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 Rut To C-G (General Retail And Service Commercial District) In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Approved 11. Future Meeting Topics Adjourned at 7:10pm Meridian City Council December 19, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 19, 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, Kyle Radek, Jeff Lavey, Davis Jones, Hillary Bodnar, Chris Pope, 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: Well, good evening and Merry Christmas. I would like to welcome you to our City Council meeting. For the record it is Tuesday, December 19th. It's 6:00 o'clock. 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 Larry Woodard with Ten Mile Christian Church De Weerd: I assume that the community vocation will be led by Larry Woodard with the 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. Welcome, Larry. You know, this is the last meeting you can do the invocation with Mr. Bird here. Woodard: I have notes on that. De Weerd: Oh. You know, I would have been surprised I think if you didn't. So, thank you for coming. So, thank you for coming. Woodard: What a relief that will be. Meridian City Council December 19, 2017 Page 2 of 28 Bird: I have appreciated every one of your prayers. They have helped us get through these meetings. Thank you very much. thank you very much, Larry. Wood: You bet. Thank you. Well, let's pray. Our dear Heavenly Father, we come before you tonight to thank you for this Council and its leadership of our city in 2017, but in this Christmas week we thank you even more for sending your son Jesus to offer us an even better life. I pray tonight that in this Christmas season we will all appreciate the men and women of Meridian that protect us and make this such a great place to live and work. The growth of our city continues to amaze with new construction popping up everywhere. I pray that the workers will be protected on these projects. In this next year some real challenges are before us and I pray that this Council continues to exhibit the wisdom needed to keep this city on a path that strengthens families, protects the very young and the very old. I pray for our police as they, along with other agencies, fight the battle against drugs moving through and into our area. It's an epidemic and safety of our officers and our residents is needed. Sooner or later we are going to get our winter snow, even tonight, and I ask for safety of our residents and city staff as the snows settle into Treasure Valley. It's a dangerous time for all. An increase in wrecks, slips on snowy sidewalks, and it's just harder to get around. Tonight may we be a part of a national wave of prayer for our country. The threat of nuclear war is unnerving and we ask for your protection. Be with our young men and women who are in the Armed Services and keep our nation safe. Be with our leaders and may they make good decisions. Our future is built in part on the great memories we have of our early years. May the children and youth of meridian have great memories of their time in this city. Our city continues to attract newcomers from places like California and Seattle. Many come to unite with children who have moved here earlier. May we find that Meridian is a great place to live and may we not lose the small town feel, even when Caldwell, Nampa, Meridian, Star, Eagle and Boise all grow together into one large metro area. And in closing I want to thank you for the years of service by Keith Bird. His example of leadership of this Council will be long remembered. I pray that his years of retirement are enjoyable and of good health and we thank you for him. In Jesus' name. Amen. Bird: Thank you, Larry, very much. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do on the Consent Agenda have been requested to add a Y, which is award of RFQ and approval of agreement to Rice Fergus Miller, Incorporated, for the Fire Station Six pre-design and programming services project for a not to exceed amount of 93,607 dollars. This is something that we have felt could go on there, because Mark kind of -- he brought us up to speed last week's meeting over that. So, with that I would Meridian City Council December 19, 2017 Page 3 of 28 move -- or wait a minute. I'm sorry. Item 9-C, the applicant requests continuance to January 23rd and with that I move we approve the amended agenda. Borton: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Coles: Madam Mayor, there were not sign-ups this evening for Item 5. Item 6: Consent Agenda A. Approve Minutes of September 5, 2017 City Council Special Meeting B. Approve Minutes of December 5, 2017 City Council Special Meeting C. Approve Minutes of December 5, 2017 City Council Regular Meeting D. Paramount Director Subdivision No. 1 Recreational Pathway Easement E. Paramount Director Subdivision No. 1 Sewer and Water Main Easement Partial Release F. Paramount Director Subdivision No. 1 Sewer and Water Main Easement G. Regency Phase 2 At River Valley Sanitary Sewer and Water Main Easement Partial Release H. Regency at River Valley Phase 2 Sanitary Sewer and Water Main Easement I. Dog License Designee Agreement between Settlers Park Veterinary Hospital and City of Meridian J. Dog License Designee Agreement between Meridian Veterinary Hospital and City of Meridian K. Dog License Designee Agreement between Idaho Humane Society and City of Meridian Meridian City Council December 19, 2017 Page 4 of 28 L. Dog License Designee Agreement between Linder Pet Medical Care and City of Meridian M. Final Plat for Kentucky Ridge Estates South (H-2017-0158) by T & M Holdings located east of S. Linder Road and south of W. Victory Road N. Findings of Fact, Conclusions of Law Revised for Aegean Estates (H-2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road O. Findings of Fact, Conclusions of Law 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 P. Findings of Fact, Conclusions of Law for Rapid Creek Subdivision (H-2017-0117) by WH Pacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Road Q. Development Agreement for Village Apartments (AZ 15-011, MDA 15-012) with GFI – Meridian Investments, LLC R. Second Amendment To Subrecipient Agreement Between City Of Meridian And Meridian Development Corporation For PY2016 Community Development Block Grant Funds S. Approval of Task Order 10701.b for Professional Services for “SCADA TECHNICAL SUPPORT SERVICES for FY2018” to CH2M Hill Engineers, Inc. for the Not-To-Exceed amount of $50,529.00 T. Approval of Award of Bid WTR-1806-10889 and Purchase Order #18-0166 to E.H. Wachs Company for the WACHS Valve Turning Truck/Equipment for a Not-To-Exceed amount of $66,325 U. Approval of Award of Bid and Agreement to DAHLE CONSTRUCTION, LLC for the WATERMAIN EXTENSION AMITY – LINDER project for a Not-To-Exceed amount of $899,380.00 V. Approval of a Sole Source Purchase for Fire Station Exercise Equipment from Rogue Fitness for the estimated amount of $12,925.00 W. October FY2018 Financial Report Meridian City Council December 19, 2017 Page 5 of 28 X. AP Invoices for Payment - $3,041,853.59 Y. Amended onto agenda: Award of RFQ and Approval of Agreement to Rice, Fergus, Miller, Inc. for the “Fire Station 6 Pre-Design & Programming Services” project for a Not-To- Exceed amount of $93,607.00 De Weerd: Okay. Thank you. Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As the Consent -- as I noted earlier we had an addition, Item I, which was a reward of RFQ and approval of agreement with Rice Fergus Miller, Incorporated, and with that I move we approve the amended Consent Agenda and for the Mayor to sign and the Clerk to attest. Cavener: 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. Republic Services and SWAC Updated Report on Changing Market Conditions for Recycling Mixed Plastics De Weerd: So, we will move into our Community Presentations. Item 8-A is under Republic Services and our SWAC updated report and Steve Cory talked with us a couple of weeks ago and back to give an update. Cory: Madam Mayor, Members of the Council, thank you for giving me this opportunity. I do want to take this opportunity to specifically thank Councilman Bird for his advice and all the support over the years. We very much appreciated it. At your request I'm Meridian City Council December 19, 2017 Page 6 of 28 back here with Konrad to go ahead and talk about the recyclable markets and some changes that we are going to have to implement. Recyclable markets have not improved since my last presentation and, in fact, there is a development I will have to discuss after we go through the plastics portion. Plastics recycling will change January 1st, 2018. Republic will continue to accept current materials through the first quarter of 2018, while they are educating customers, but from that point what they are going to be making clear is the only acceptable plastics will be milk jugs, pop and soda bottles, fruit juice bottles and jugs and detergent jugs. Republic has worked with Meridian utility billing to determine service addresses, as opposed to billing addresses. Their current planned outreach is to send a postcard out to each of the service addresses announcing the changes and showing what is allowed to go into the recycle carts and what should be thrown away or recycled elsewhere. Second, they will have an updated municipal trash and recycling brochure and a decal -- a new decal for the recycling materials bins to identify what is acceptable and that will be sent to each of the service households early in 2018. Thursday we will have an updated oops card. The oops card is a hard card that the drivers leave on the recycling carts when the cart contains unacceptable materials. The new cards will have the updated list of acceptable plastics and our new outreach protocol. If the driver sees unacceptable plastics going into their trucks, there is really nothing they are going to -- the first time they are going to see it is when the cart's being dumped into the truck. They will get out of their truck and leave a card to say that there was a problem with that pick up. The next time they come to pick up recycled materials at that address they will actually get out and look into the cart to see if the material is correct and if it is not they will leave a card there telling the -- the person that the materials are not correct and that they need to go ahead and clean up the materials that are being left in their cart. If there are still plastics not accepted in the program -- let's see. Well, let's see. Going ahead here. They will be asking the customer to pull the unacceptable plastics out and Republic has offered that they will send a truck back to collect the unacceptable materials once notified by the customer that the cart is ready to go and, then, furthermore, in every outreach piece Republic will be thanking the customers for their patience and Republic is moving quickly to respond to the global market conditions. Republic has committed that all of the developed materials will be sent to the Meridian utility billing and to SWAC for a final review before they go out and we certainly stand ready to forward those additionally if there are other people who want to see the material and see what's being developed. Now, as I mentioned -- well, I should say that commercial recycling program changes will be coming soon and the change that I was alluding to at the start of this is mixed paper is tenuous at this point. This week the buyer for mixed paper revoked their contracts to Western Recycling and so Western Recycling has been storing mixed paper at their facility over on Cole Road. They will run out of room to be able to store mixed paper at the end of this week. So, there may have to be a change to this outreach program in association with mixed paper. Republic has indicated that based on conversations with Western at this point, if we lose mixed paper Western may be able to run the recycled materials across the first portion of their sorting facility over there , but they will invert what they were doing. Whereas in the past they were just pulling out trash, now they are going to pull out the aluminum cans, tin cans, the plastic threaded bottles and cardboard, the stuff that we can get money for and, then, the rest of the material would Meridian City Council December 19, 2017 Page 7 of 28 be going up to Hidden Hollow or the north ravine landfill area and with that that is the current situation and a review of the education plan that we are looking at and we certainly stand for any questions or recommendations or comments that you may have at this time. De Weerd: Thank you, Steve. Council, any questions for Steve or Konrad? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: What a nightmare. What -- when do we have more idea about the mixed paper? My concern is really sending them -- getting a message out there to the people and, then, changing the message shortly thereafter. As part of the first half, that -- the flipside if Western is going to sort through anyway, then, why are we removing plastics at all, why aren't we including that in whatever they are going to take out? Cory: As to your first question on the mixed paper, basically, unless there is some kind of a magical intervention this week, then, that will have to be addressed. So, that's going to happen before this education campaign comes together and I would imagine it will be included in the education campaign if there isn't an immediate improvement in the mixed paper situation and I would tend to say at that point -- to your second point, I think you probably stated it better than I did, which is that this will change, that basically what can go in the bins will be in the education campaign and as soon as the public responds over the course of this quarter that will definitely be the norm by the end -- by March 31st. The sooner the better. And, basically, what's going to be happening at Western is they are going to be pulling out the remaining materials that have value, rather than what they were doing the last couple of months pulling out the stuff that was waste. Milam: Madam Mayor, follow up. So, in the education about the plastics, you're going to also include the education about the paper. We are not going to have this in two separate cycles; is that correct? McDannel: Madam Mayor, Members of the Council, correct. By the time it's printed we will have a -- and approved by SWAC, approved by utility billing. We will have a more clear idea on whether or not -- on where we stand with mixed paper at that time and the goal is always do it right the first time. Milam: Exactly. Okay. Thank you. De Weerd: Any other questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council December 19, 2017 Page 8 of 28 Cavener: Steve or Konrad, give me some I guess thoughts on -- this is a -- we talked about this the last time you were here. This is a pretty substantial shift in how we are operating our program and I appreciate the outreach efforts Republic is making. Is there a plan, then, from SWAC to come and provide us an update maybe at the three month or the six month mark? I guess what is Republic's plans to address any questions, comments, concerns that our public is going to face in response. It's one thing to leave it here is an important piece of information so you know you're not doing it right, to people saying, well, they believe they are doing it right, since that's the way they have been doing it forever and I'm not saying that they should always be able to do things the way they want, but I know that in the past we have found -- as an organization we think we need to do X. After going through X amount of time we find out Y is actually maybe a better route. So, can you -- has Republic contemplated any of that? Is there a plan to provide us an update at the three months or the six month mark and I appreciate what you're doing to the city, but your plans to come back to Council will also be appreciated. McDannel: Madam Mayor, Councilman Cavener, thank you for the question. Yes, there will be a period between now and, as Steve mentioned, the end of March where it will be an education process and I -- just as an example, my aunt is a die-hard recycler and I told her a few weeks ago, please, hold off on your plastics. It's actually contamination for everything else that's good for recycling at the moment and she -- she can't let plastics go, so she -- she continues to recycle that. My point is during those first 90 days, three months, we will be continuing to outreach with communities and educating them on, please, just threated neck bottles, hard container bottles, ones and twos. At this moment that's -- that's the best route for recycling. As Steve mentioned, mixed paper is at risk and that's due to too many low quality plastics in the stream. So, it's creating contamination for mixed waste paper and so the education will be if we -- if we could get rid -- or not -- if we can get the material that's not wanted in the recycle stream we will be able to save the rest of the recycling and that's -- I think that's the point we really want to drive home. And so the first three months it will be an education process, because we have been recycling plastics for so long now that muscle memory hits. It's going to take some time. Cavener: Madam Mayor, follow up if I may. De Weerd: Uh-huh. Cavener: Konrad, I guess, then, to that point, does Republic have a benchmark or a goal, a hope that after 30 days that you're going to reduce the amount of plastics by X amount percent and by 60 days X extent? Can you share with us that and kind of where you're hoping you would -- where that finish would at least be after 90 days? McDannel: Mayor, Councilman Cavener, thank you. I have not heard of a target goal other than we need to get the plastics three through seven and the nonthreaded plastics out of there as soon as possible and the less we have in the stream the better we will Meridian City Council December 19, 2017 Page 9 of 28 be. I have not heard of a -- of a goal line. Steve, has SWAC discussed that or Ada county? Cory: Councilman Cavener, thank you for that input on this. No, I have not heard anyone present it, but I think it's a very good idea that we need to have regular statuses of how things are cleaning up and I'm more than happy to deliver that information to the council as we get it. Cavener: Great. Thank you. De Weerd: Okay. Anything further? Cavener: Merry Christmas. Milam: Thank you. Yeah. De Weerd: That's what Konrad said coming in. This is probably not the best subject right before Christmas, but, you know, I guess what SWAC and Republic Services find themselves looking at is either we change our recycling habits or whatever we put in the bins gets put in the landfill, so -- and if we are going to recycle we want to recycle correctly. So, we appreciate the information and coming back with a marketing plan and best how to help our citizens know that a change is underway and to be good stewards how we can continue to make sure what we throw in our recycling bins actually gets recycled. Thank you. McDannel: Thank you. Cory: Thank you, Madam Mayor. Thank you, Council. And we will keep you informed. De Weerd: Okay. Thank you. Bird: Thank you, Steve, for all your work. B. Meridian Mural Update 1. Budget Amendment not-to-exceed $16,000; 2. Master Agreement for Professional Services with Sector Seventeen LLC: Mural Design, Installation, and Maintenance; 3. Task Order for Mural Design: 611 N. Main Street for an amount not to exceed $3,000 De Weerd: Okay. Item 8-B is under our Meridian Arts Commission and here is Hillary to talk about the mural update. We are excited to see what it looks like. Meridian City Council December 19, 2017 Page 10 of 28 Bodnar: Yeah. I'm not showing you what it looks like today. De Weerd: Oh. Bodnar: There is still one more step. I'm sorry. De Weerd: But it's Christmas. Bodnar: It's Christmas. That would be such a nice present for everyone. We are not quite there yet. So, before we can get a design we need to really get that master agreement in place and, then, a task order in place for that. I neglected at the last time that I was before you to also have a formal budget amendment for that contribution from MDC, so I am before you today to ask for that funding allocation, so that we have spending authority for those 16,000 dollars that MDC has agreed to contribute for the mural. Pending your approval of that budget amendment I just wanted to share with you that process that we are going to go through for contracting with the artist, which is extending them the master agreement and, then, underneath that master agreement extending them task orders as those tasks are completed and as they are meeting the needs of all the stakeholders involved, that being the city, the Zamzows, and MDC. Keeping it short for you guys. Milam: Council, questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thanks for keeping it short, Hillary. But we still wanted the pictures. I know. Have we not approved the budget amendment? Bodnar: You approved the agreement. Milam: The agreement. Bodnar: But I needed to have a formal budget amendment and request. Milam: Is that the only thing that you need today is a budget amendment approval? Bodnar: Well -- and the approval for us to release those -- those agreements. You will see the agreements again once they are signed by the artist, but I just wanted to let you know that process that we are going through. So, if you're not happy with it you could tell me no. De Weerd: Okay. Meridian City Council December 19, 2017 Page 11 of 28 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Hillary, nothing against you or the mural, but just like the federal government's got debt, so I have a hard time voting for CDBG stuff, MDC's got debt. They are spending money on art. They need to be paying off their debt before they go spending money on things like this. De Weerd: Any questions for Hillary? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe not a question for Hillary, maybe for our two MDC board members. How much debt does MDC currently have; do you know? De Weerd: We did get an update. Just off the top of my head just cannot recall, but art has been part of their plan and they do dedicate a small amount to that and in honoring that plan. Bird: I'm like Tammy, Luke, I don't -- I can't remember what the -- what the debt is, but I will tell you that we stayed under budget. We -- we -- the debt was in -- taken out when we want -- and which we hope will start driving downtown revitalization, so -- but I can't tell you right off my head whether it's a dollar or whether it's a million dollars or ten million dollars or what, but I guarantee you it isn't that, so -- De Weerd: I think when the board gets a COMPASS VRT building that was built into their budget through the -- the term of the loan, so -- and they are on schedule. I just don't know what the outstanding balance is. Bird: And we did do our budget -- we did the Pine -- Locust Grove to Main Street on Pine and we come in with, what, 35,000 savings from what our budget was. So, we are -- and, in fact, Luke, we just got our audit and Kevin said it was one of the finest audits that they do and they do do the city's, too. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for you, Hillary. How pressing is getting this budget amendment approved this evening versus giving counsel an opportunity to at least tear what the current debt is for MDC? Meridian City Council December 19, 2017 Page 12 of 28 Bodnar: I think that's really up to the -- the Council. We would like -- the sooner that the budget amendment is approved the sooner that we can move forward with the project. That being said, the installation for the project can't take place in December and January, so it would likely be spring. But at the November meeting that I was here you did accept that agreement with MDC for their contribution. So, this is just the spending authority for that allocation. Cavener: Madam Mayor, just -- just a comment, then. Obviously, I wasn't aware that -- if this a new debt or different debt. It sounds like that at least for me there is still some questions that are up in the air about it and see -- I don't want to get in the way of Council moving things forward, but I would feel more comfortable at least knowing what that number was before I would be on board with being supportive of -- I am -- Madam Mayor, Council Member Milam, me this is new information that I wasn't pretty to and that's what caused my -- at least change. I'm not opposed to it by any means. I just would like to have that question answered before I would be comfortable being supportive of a vote. De Weerd: Well, Mr. Cavener, it's -- it's nothing new, since you served on MDC. It's the same loan that they had at that time. So, it is not new. This is the only debt that they have had, if that helps. Cavener: Madam Mayor, that is helpful. Thank you. De Weerd: Okay. Any -- anything further from Council? Milam: Madam Mayor? Bird: Have a motion. De Weerd: Mrs. Milam. Milam: I move that we approve the budget amendment for spending authority not to exceed 16,000 dollars for the mural. Little Roberts: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palme r, nay; Little Roberts, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO NAYS. De Weerd: Thank you, Hillary. Meridian City Council December 19, 2017 Page 13 of 28 Milam: Madam Mayor, was there something else you needed included in that or is that -- Bodnar: No. Just as long as you guys are comfortable with us pursuing the master agreement and task order as we have lined out. And those will come back to you for your approval. Milam: Thank you, Hillary. Bodnar: Thank you. Item 9: Action Items A. Appointment of Cameron Arial as Community Development Director De Weerd: Under Action Items, Item No. 9, Item A is the appointment of Cameron Ariel as the Community Development director. Council, we have a summary of the interview process and the number of applicants that we had, what they were narrowed down to after the first set of screening, which was a telephone interview, and those names that moved forward into the official interview process, which had a community presentation, two panels, one employee and public based and the other one private and the partners and, then, we moved into the second phase of interviews, moving three candidates forward and had a second day of interviews starting with a discussion with the Community Development director -- or department and followed up with interviews and one-on-ones with the direct reports of the planning and the building side, as well as myself and, then, a one-on-one with me last week. I did -- you got a memo form and the name that you have in front of you, Cameron, has a very deep resume in terms of how he can bring talents and his educational experience to the department to the benefit of the city and his most recent role as the development director at Athlos Academies where he spent the last two years going through land acquisition, development and through entitlement processes in other states and cities, as well as our neighboring city, bringing the experiences that he had in that realm, as well as in his academics with his planning background and his breadth of knowledge in the public sector. So, I'm honored to bring Cameron Aerial as my appointment as the Community Development director and would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not a question, but I would also like to state in 20 years and a whole bunch of department heads, this is the first time the City Council has had a chance to interview a candidate. I believe you took it way above and beyond the duties. Thank you. Meridian City Council December 19, 2017 Page 14 of 28 De Weerd: Thank you, Mr. Bird. Any questions or comments? If not, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. I would move for the appointment of Cameron Ariel as Community Development director. Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to approve the appointment of Cameron Ariel as the Community Development director. Is there any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Council and I know you have already heard from Mr. Ariel and you will be certainly hearing from him again. I know he's anxious to sit down, get your -- your perspective, your vision and any ideas -- as he works with his team to move forward. So, his starting date is January 16th and we look forward to having them on board and I see Mr. Jorgenson sitting in the audience. Thank you for your participation on our panel. B. Final Plat for Castlecreek Subdivision (H-2017-0150) by Northwest Ventures, LLC located at 2432 E. Amity Rd De Weerd: So, with that I will move to the next item, Item 9-B, the final plat for Castlecreek Subdivision. The applicant requests to continue to January 23rd. This -- Caleb, is there a reason that was stated for this request? Hood: Yeah. Madam Mayor, the applicant ran into a PI water source issue and so they are trying to figure that out and hoping that it doesn't affect the layout of their plat, but they did run into a source water issue for their pressurized irrigation system. So, that's the reason. De Weerd: Thank you. Council, I would entertain a motion. Milam: Madam Mayor? Meridian City Council December 19, 2017 Page 15 of 28 De Weerd: Mrs. Milam. Milam: I move that we continue H-2017-0150 to January 23rd, 2018. Bird: Second. De Weerd: I have a motion and a second to continue H-2017-0150 to January 23rd, 2018. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. C. Public Hearing for Community Development Block Grant Program Year 2016 Consolidated Annual Performance and Evaluation Report (CAPER) 1. Resolution No. 17-2053: A resolution approving submission and adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2016 to United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to execute and attest the same on behalf of the City of Meridian; and providing an effective date. De Weerd: Item 9-C is a public hearing for our Community Development Block Grant program and I will turn this over to Chris. Pope: Madam Mayor, Members of the Council, I thought we could get this a little more exciting for our crowd here today by revisiting our discussion from last week on slum and blight if you all are okay with that. No? No? Okay. We won't go that way. We will -- we will do the much less exciting thing today and we will review what we talked about a couple weeks ago with the Consolidated Annual Performance and Evaluation Report for this last program year in 2016. Just to remind everybody what this is, in case there is anybody here who wants to give up and comment today, this -- this CAPER is what we call it is, essentially, an evaluation of the performance of -- of the Community Development -- Community Development Block Grant or CDBG program here at the city over the last year in relation to the strategic plan, the consolidated plan that was put into place back in 2012. This also is, essentially, here to account for the use of financial funds and other resources, including time, a review of the programs, procedures and processes, examination of timelines and the effectiveness of the programs to look at the decisions that were made in the program over the year and, then, any accomplishments or goals that were met or not met during this last program year and, again, just to give you a reference between October 1st of 2016 to -- or September 30th of this year is what we are talking about. So, anything that's happened since September 30th is not up for discussion. There -- there is a lot that has happened and that we have talked about and we will discuss that moving forward, but that's not part of this particular report. Just to give a brief review of the financial accounting, there is a comma in the Meridian City Council December 19, 2017 Page 16 of 28 wrong place. That should say $369,250.60 of CDBG funds have been expended throughout this last program year, focused on public services, public facilities and other projects to some of the usual suspects, like the Median Food Bank, the Boys and Girls Club, but also to new subrecipients, like Jesse Tree for their homelessness prevention program, to MDC focusing on sidewalks through the city, working with contractors to -- to work on developing new streetlights in certain areas where there are none, as well as providing ADA accessibility upgrades to the Storey Park restroom and expanding some facilities at the elementary school and, then, obviously, there are a couple of plans in the consolidated plan and the slum and blight plan that were completed this year in addition to program administration expenses, the creation and distribution of the senior resource guide through the Mayor's office and, then, also the Ada County Housing Authority Neighborhood Works Boise home buyer's assistance programs, which were both funded this year. And, again, this is just an accounting for the amount of money that was spent during this program year and not what has been accounted or what has been allotted during the program year. Just a quick review of the accomplishments. Over 81 percent of the funds went directly to LMI residents of the community, serving over 80,000 of -- 80,000 people, both in Meridian and throughout the county, helping five new families being able to -- with affordable housing, allowing 22 families and children to have access to the Boys and Girls Club's programs. Preventing homelessness for another five families. Providing information and resources for over 900 seniors. Food access for over 7,000 people over the span of just one quarter of this year. Three new plans that will hopefully increase the effectiveness and the efficiency of the program and how we utilize these funds moving forward and the development and completion of at least one new public facility over this time, with many more to come. And how that relates to our consolidated goals or our strategic goals for the last five years, we more than doubled every goal that we set with the funds that we utilized, which I think is -- is good in terms of our accounting to the federal government for using these funds in a way that really makes a difference. In addition, just to highlight some other activities that are going to this report that the CDBG program is involved in the Ada county continuum of care, the housing and homelessness roundtables, the Idaho fair housing forum and other local, regional and state groups and activities that focus on trying to understand, identify, and meet some of the needs that Meridian residents are facing, particularly around the issues of housing, homelessness, affordable housing and any -- any services or help that is -- or issues that face particularly the LMI group. For those who don't know, LMI, just to make sure that I'm clear here, is low and moderate income residents of the community. So, with that I would invite Madam Mayor and the Council to open the public hearing to consider any comments. I would say before so, just a reminder, that this is a report that is a reflection on what has been accomplished. It does not propose anything moving into the future. It is not planning or offering any suggestions about the effectiveness of the program moving into future program years. Just what happened and what we accomplished. But I would offer -- I would invite you to open the hearing at this time. De Weerd: Thank you, Chris. Council, any questions? Milam: Madam Mayor? Meridian City Council December 19, 2017 Page 17 of 28 De Weerd: Mrs. Milam. Milam: On the slide that had all those boxes with the numbers on it, were those -- are these the Meridian numbers? Are these Ada county numbers? What were these? Because -- Pope: So, all of the numbers, except for the 85,000, is a Meridian number. Milam: Okay. Pope: Eighty-five thousand is a pretty complex conversation in terms of how it's counted in the system that the federal government runs. There can be crossover or, for example, if -- if there is one family who goes to the food bank multiple times over the span of the program year they are accounted each time that they visit. In addition, the food bank does a lot of services, particularly with residents outside of Meridian. They don't turn anybody away. It's part of their mission. Those numbers also come into this conversation in terms of what is reported in that 85,000 number. All of the other ones are specifically from Meridian residents. Milam: So, you 7,000 in a different box? Pope: Yes. So, 7,000 in a different box. In terms of -- we have -- this number -- we are getting into -- I get really excited about this. So, I will try not to get too deep into this, but the 7,000 number is looking specifically at Meridian residents who are LMI who received funding during the three months in which the Meridian Food Bank was utilizing our funds. Because Meridian Food Bank, they are really efficient, they are really good at utilizing the money, they generally have one quarter of work and, then, they don't report on anything else. That's 7,000 in Meridian residents during that period of time. But the organization also has to offer up numbers in terms of their annual reports, how many people did this organization help. HUD wants to see where the money went specifically, but also what do HUD-funded organizations through CDBG also do to help the community and that's where you see this 85 number start to look at more of the annual group of people and also the recidivism of individuals who keep -- or who receive services on multiple occasions. So, that's kind of the variance there. Milam: Okay. Pope: Does that answer your question, Council Member Milam? Milam: Thank you. Pope: Okay. De Weerd: On the Mayor's Senior Advisory Board, the resource guide, are those numbers in there? Meridian City Council December 19, 2017 Page 18 of 28 Pope: So, the way that this is counted -- again, this is the federal government system that we are working with. We produced -- I think if I remember correctly -- 950 reports. Those were all intended to be -- as far as I understood from the Mayor's office, they were all handed out to particular stakeholders throughout the community at different locations they were made available. With this information being made available, we were able to count every single resource guide going -- assuming that it would all go to one person, one resource guide per person, those numbers come into here. If that makes sense. So, if there is 900 -- De Weerd: Yes. I wondered about that. And, certainly, the locations that those went out to -- I know our senior board members, they did distribute it to LMI eligible facilities, but they also have access to it online and so you don't count any of those touches. Pope: And that's where it gets more difficult. I can -- or Madam Mayor, Members of Council, I can reach out to IT to see if we can get some more information on specific paging. De Weerd: I just wondered how you were tracking it. Pope: Yeah. And I haven't even considered that. So, thank you for bringing that up. That's something we can definitely look at in terms of our reporting and accounting. De Weerd: And I do know we give it to our places of worship and they have been very appreciative, because while they like the senior blue book, this does make it specific to Meridian and they use it for their congregates. So, thank you. Pope: Yeah. Madam Mayor -- and I would just like to add that -- and I think this extends beyond these numbers, that we have 900 resource guides that we hope it gets beyond 900 seniors who find this information and these resources. It becomes much more difficult to count and, then, report, but at the very minimum we are happy to help 900 folks as much as we can with this information and that extends to some of our other services and programs as well through this program. De Weerd: Thank you. Any further questions from Council? Okay. Thank you, Chris. So, this is a public hearing. Is there anyone who wishes to testify on this item? Yes, Ralph. If you will, please, state your name and address for the record. Chappell: Ralph Chappell. 1899 South Swan in Meridian. De Weerd: I knew you knew the routine. Chappell: You bet. I definitely against it, as you know, and since we have a bunch of young kids in here, we will let them know that this money they are talking about, 369,000 dollars plus, it's not free. It's coming from the federal government. So, who is Meridian City Council December 19, 2017 Page 19 of 28 going to pay this money back? You guys are. You and your kids are going to pay all that money back over your time, all the time you -- De Weerd: You need to speak into the microphone. Chappell: All the time you're going to work you're going to be paying for this bill. It's not something that we really need. You just raised taxes three percent here in the city. If you can't go building sidewalks or what have you with the money you do have, but you're going to go to the federal government who is 20 trillion dollars in debt plus, take that money and come in here -- no. So far as I know this is one of the programs that President Trump is going to eliminate and the sooner the better. And that's all I have to -- they need to know that they are going to pay for it. I will be gone. De Weerd: Thank you, Ralph. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Ralph, would you be open to a question? Chappell: I sure am. Cavener: The items that we are going to be paying for with CDBG funds, would you be supportive of the city using property tax dollars for those same programs? Chappell: If we need them, yes. Cavener: Thank you. De Weerd: Is there anyone else who would like to offer testimony? Okay. Seeing none, Council, we do have an open public hearing. If you have nothing further for Chris or any of our public that are here, I would entertain a motion to close the public hearing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we close the public hearing on the 2016 CAPER. Palmer: 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. Meridian City Council December 19, 2017 Page 20 of 28 Pope: Madam Mayor, Members of the Council, I would like to add to Ralph's comments that after today the federal budget is now up another 1.5 trillion over the next ten years. I just want to make that point and in addition to what Ralph said. Totally irrelevant. But in general I'd like to move -- or invite you all to consider the action item to approve and adopt resolution 17-2053. That gives me the authority to send this report to the federal government. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Unless there is any comments, I would move that we approve resolution 17- 2053. Palmer: Second. De Weerd: I have a motion and a second to approve Item 9-C. Any discussion from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just so that Ralph doesn't smack me, the resolution is to approve the report of what was done. We are not approving expenditure of any funds. So, I'm all for reporting. Pope: It's mostly about giving me the authority to actually send this in the mail, more than anything. De Weerd: Thank you. Thank you, Santa Claus. Mr. Clark, 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. Item 10: Ordinances A. Ordinance No. 17-1755A: An Amended Ordinance (H-2017-0114 Aegean, Subdivision) For Annexation Of A Portion Of The NW ¼ Of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” Meridian City Council December 19, 2017 Page 21 of 28 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 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 An Effective Date. De Weerd: Thank you, Chris. Item 10-A Ordinance 17-1755A. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1755A, an amended Ordinance, file H-2017-0114, Aegean Subdivision for annexation of a portion of the NW ¼ of Section 33, Township 4 North, Range 1 West, 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 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 an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? The entire one is even more exciting than the title. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 17-1755A with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve ordinance under 10-A. If there is no discussion, Mr. Clerk, will you call roll. Meridian City Council December 19, 2017 Page 22 of 28 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. Ordinance No. 17-1758: An Ordinance Of The City Of Meridian In Ada County, Idaho, Amending Meridian City Code Section 5- 4-10, Regarding Public Fireworks Display; Adopting A Savings Clause; And Providing An Effective Date. De Weerd: Ordinance 10-B is Ordinance 17-1758. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1758, and ordinance of the City of Meridian in Ada County, Idaho, amending Meridian City Code Section 5-4-10, regarding Public Fireworks Display; adopting a savings clause; and providing and effective date. De Weerd: Thank you, Mr. Clerk. And I think Mr. Bird might need some more pins. You have heard this read by title. If there is no questions, Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. De Weerd: I move that we approve Ordinance No. 17-1758 with suspension of rules. Little Roberts: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 10-B. 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. C. Ordinance No. 17-1759: An Ordinance Of The City Of Meridian In Ada County, Idaho, Repealing And Replacing Title 4, Chapter 2, Meridian City Code, Regarding Nuisances, Specifically: Definitions; Responsible Party; Procedures And Meridian City Council December 19, 2017 Page 23 of 28 Penalties For Abatable Nuisances; Procedures And Penalties For General Nuisances; Hindering Authorized Person; Adopting A Savings Clause; And Providing An Effective Date. De Weerd: Item 10-C is Ordinance 17-1759. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1759, an ordinance of the City of Meridian in Ada county, Idaho, repealing and replacing Title 4, Chapter 2, Meridian City Code, regarding nuisances, specifically: definitions; responsible party; procedures and penalties for abatable nuisances; procedures and penalties for general nuisances; hindering authorized person; adopting a savings clause; and providing an effective date. De Weerd: You have heard this read by title. Seeing no one in the audience who would like to hear it read further, Council. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1759 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 10-C. 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. D. Ordinance No. 17-1760: An Ordinance (AZ 15-012 Village Apartments) For Annexation And Rezone Of A Parcel Of Land Located In The SW ¼ Of The NW ¼ Of Section 4, 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 Rut To C-G (General Retail And Service Commercial District) In The Meridian City Code; Providing That Meridian City Council December 19, 2017 Page 24 of 28 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. De Weerd: Item 10-D is Ordinance 17-1760. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1760, an ordinance file AZ 15-012, Village Apartments, for annexation and rezone of a parcel of land located in the SW ¼ of the NW ¼ of Section 4, 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 RUT to C-G (General Retail and Service Commercial District) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Thank you. You have heard this read by title. Council, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1760 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve 10-D. 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: Council, I do see the appointment we confirmed earlier, Cameron Arial. Cameron, would you like to say anything? Not to put you on the spot, but, yes, to put you on the spot. Arial: Put me on the spot. Madam Mayor, Members of the Council, it's -- it is, indeed, a pleasure to be with you. Apologize. I'm just rolling into town from Lewiston where I had Meridian City Council December 19, 2017 Page 25 of 28 a bond closing up there. But glad to be here in one piece. But I just wanted to say thank you. I just learned you have already voted, so I just wanted to say thank you for that vote of confidence and just express my appreciation for the process. I think to all involved, Crystal, Madam Mayor, others that worked hard to put all of those things together and I thoroughly enjoyed that. I think it will make me a better director by going through that process and I just look forward to rolling up my sleeves and partnering with all of you to move the city forward in a positive way. So, thank you very much. De Weerd: Thank you, Cameron. Congratulations. Item 11: Future Meeting Topics De Weerd: Council, under our Future Meeting Topics, we did open bids today for our south Meridian park. This will be put on our January 9th workshop and we will bring back the results and any add alternative that we might be able to include in the project. So, I do know Council asked for a couple of moments to make remarks and so open it up -- this is open mic. End of the year. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I just want to thank all you guys for serving with me. Doing a great job. Tammy, 18 years, it went fast and now your back won't probably hurt as much, because you won't be having to carry me. De Weerd: Or vice-versa. Bird: I -- I can't say enough about you, young lady. This community -- and I'm repeating myself. This community is so blessed to have had you and Jan decide to make it your home and, then, for you to get involved, because you have done way, way more for this community than people ever will know and I thank you from the bottom of my heart. De Weerd: Well, Mr. Bird, I had a great role model and mentor and certainly while we might not have always seen eye to eye and sometimes I didn't even like you, but I have always loved you. Bird: If looks could kill I would have been dead. De Weerd: But it's been an honor to serve and I think you have left a huge legacy, not just in what you have done in the city by advocating for business parks, like El Dorado and Silverstone or transportation projects, like the Locust Grove overpass, that goes a little ways back, or Ten Mile and Meridian interchange. Your heart for downtown and your advocacy for parks, but more -- more so is for your advocacy for use. I think that there is not very many kids who have not enjoyed athletic programs in this community Meridian City Council December 19, 2017 Page 26 of 28 that don't understand that they are enjoying that because of the groundwork that you laid and like Mr. Borton said in his comments, my kids, too, have been recipients of your generosity and your support of our youth and I owe you a great deal of gratitude for all that you have done. Bird: Thank you. De Weerd: So, thank you so much. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. When Councilman Borton suggested that we all say a few words, I think we have all been so blessed that -- I keep thinking there is not much left to say that has been covered, but I learned tonight the legacy that he leaves, even deeper than I realized it went, and we are just so blessed that our kids and grandkids will be blessed by the legacy that Councilman Bird has left Meridian and I have been very blessed personally. He's always been right there -- sometimes with a -- sometimes with a kind word, but has been just -- just really a great role model and a wealth of knowledge that this Council is definitely going to miss and just from the bottom of my heart thank you. De Weerd: Thank you. Bird: Thank you, Anne. Appreciate it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Appreciated the opportunity to -- to thank you, Councilman Bird, on the public record. You are a mentor to me. I could probably summarize it best the way you taught how to lead and you have shared the sentiment with me, nobody is better than you and you're better than nobody. Appreciate that. Always will. Bird: Thank you very much, Joe. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Councilman Bird, the thing that always stood out to me the most about you is your -- you epitomize Meridian's family values by -- you demonstrate it by our sincere concern for others and their families. It's easy to exchange pleasantries, hey, how are you, how is your family, but there is nobody who has asked me that, but, then, has gone through and asked how each of my children were by their names and confirming their ages. Didn't even have to ask how old he now. It's, okay, Meridian City Council December 19, 2017 Page 27 of 28 now Reagan's two; right? Or four now or -- whatever. I don't even remember how old he is. And I have always really appreciated that and have looked for opportunities to drop by Council early to study from here, because I knew how often you were going to be here and the things I would be able to learn from you while you were here. So, appreciate it. Bird: Thank you, Ty, very much. You young bucks have got to be the leaders. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: All right, Keith, I wrote you a poem. I don't know if I’m going to be able to read this. And I'm not a poet, okay, so -- but I wanted to say something to you that -- so, anyway, it's called: Thank you. An ode to Councilman Keith Bird. Thank you for creating sports leagues for our children to play. Thank you for bringing more parks for our families to enjoy. Thank you for guiding the growth of our city for the benefit of all. Thank you for your selfless dedication to our community. Thank you for believing in me and your constant encouragement. Thank you for 20 years of continual service on the Council. Thank you for always caring and asking about me and my family. Thank you for helping me grow to be a better Council Member. Thank you, Keith Bird, for being godfather to Meridian. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: It's very rare that I can't find words and it's fitting that when we decided we were going to do this, I have been struggling -- Marge wants to know when's dinner. I will be quick. Bird: Go ahead. Borton: Okay. No. That was perfect. Like the rest of Council, the word thanks, Keith, just don't seem to do your service justice. I'm thankful, though, for the impact you have made on my family, myself included. 1985 when I played Optimist baseball for the Optimists. All the other teams would be Yankees, the Giants, but we were the Optimists. Big chicken. Ugly jersey. And what I love is the legacy and that gutter plate and baby and -- and Lincoln. I can't even imagine the sports that are going to resonate from that seed that you planted and had me thinking of, you know -- I will be real honest, I'm very lucky that I got to work with Keith in a number of different capacities and when I started here at the city as an employee -- and I'm glad I'm putting this on the record -- Keith Bird intimidated the hell out of me. I wish I could say that's changed, but Keith Bird still intimidates the hell out of me. But what I noticed as an employee is that having Keith Bird on the council meant there was always an advocate for employees. Always wanted to make sure the employees felt like they were taken care of. If they Meridian City Council December 19, 2017 Page 28 of 28 had a concern, if they had a question, or they wanted to find out how to be more involved in our community, Keith was always there for them and as an employee I always valued that. I noticed that Keith Bird is this giant, great oak tree of our community and what I didn't notice at the time, but I notice now today is that as that oak tree has grown it has bared fruit and that fruit has fallen and been planted in the ground and when you look at Meridian there are new trees that are growing, they are all as a result of this giant mighty oak that we have had in our community and that's fruit for our families, it's is fruit for our employment sector, it's fruit for Council, it's fruit for Meridian. The biggest thing that I want to thank Keith for -- it's not for the wisdom, for the guidance, for slapping me upside the head or for intimidating me or holding me accountable, those are -- all those things that Keith did really, really well, but Keith planted -- my favorite seed that Keith planted that I will hold dear is that no matter how big Meridian gets, we will never be a city, we will always be a community and is there is anybody that was a beacon that we always have and always will be as a community. So, on behalf of a community that has benefited in more ways than we can ever count and even though the words do not do it justice, thank you, Keith Bird, for all you have done for our community. Bird: Thank you very much. Thank all of you very, very much for the kind words. As I have said before, I have received a lot more from this community and you guys demonstrate that. I know the city is in great hands. We are going -- we are going to go forward probably be better. Treg will get on here and do a great job. Joe's leadership. Tammy's. It's -- and you guys all work hard. I just appreciate it. I -- words -- as you said, Luke, words can't describe the feelings I have had over the last year since a young lady told me that they were naming a park in my honor, I just -- it's unreal. De Weerd: Well, Keith, you will live on in our Council meetings. Your words will ring in our heads and I wanted to throw my pen -- I know. And with that I would entertain a motion to adjourn. Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED Meridian City Council December 19, 2017 Page 29 of 29 De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED ATTEST: ✓v ov-PT E D A 0G5 C. JAYLES, ITY CLERK =00 `� c ita 0r w CSV! E IDIAN$-- IDAHO s^ SEAL �� Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: 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. 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 19, 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 j Provide Description of Discussion Topic Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6A PROJECT NUMBER: Approve Minutes of September 5, 2017 City Council Special Meeting MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Special Meeting September 5, 2017 The Meridian City Council special meeting was called to order at 5:00 P.M. on Tuesday, September 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)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(f). Borton: Second. De Weerd: I have a motion and a second to go into Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. (Executive session at 5:01 p.m. to 5:59 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 6:00 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: r MAYOR T MMY De WEERD ATTEST: DATE APPROVED C. ( e.�. 5, 2-01-► pre- Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 5, 2017 City Council Special Meeting MEETING NOTES ly� 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 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 Meeting DATE: December 19, 2017 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 5, 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 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 19, 2017 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Paramount Director Subdivision No. 1 Recreational Pathway 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 2017-121191 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/20/2017 08:20 AM CITY OF MERIDIAN, IDAHO NO FEE RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this )LI 4% day ofMnv--mb v r 2017, between Brighton Development Inc., an Idaho corporation, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. PaVamevn+ ,01rec0r S& na 'I Recreational Pathway Easement — Page 1 THE GRANTOR hereby covenants and agrees with the Grantee that should any pari of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BRIGHTON DEVELOPMENT INC., an Idaho corporation Jo , ath D. Wardle, President \'.7 STATE OF IDAHO ) : ss County of Ada ) On this I ? day of November, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan D. Wardle, known or identified to me to be the President of Brighton Development Inc., that he executed the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have here nto set my and ajq affixed my official seal the day and year fist above written. �Aw NOPU'LIBCFOR IDAHO :x.„. Connnission Expires: AMANDA Mocunny N01'.1&1Y PUBLIC, fad°l '' Or iDAI1 I y v .,"._�� �`u . ti"V w "v .v"'V "w ✓—"r "'=yam " Recreational Pathway Easement — Page 2 GRANTEE: CITY OF MERIDIAN Tammy dyWeeld, Mayor by 'd.Jay Coles, City Clerk ���tAl EDgUG'�. as` Ota' or o� IDIAN*, m�DAHo SEAL Approved By City Council On: Ia-/ /� 1�17 STATE OF IDAHO ) ss. County of Ada ) On this _fl_day of D�Lem.%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. -PararnoLLrr�'V: "6�0r Go" 6 I Recreational Pathwav Easement -- PaRe 3 (, ha1kL&LW—LPL NO PUB FOR I AH Residing at: ` ZUXLL&AU 04� Commission Expires: 3 'aA 'oZ(' as EXHIBIT A Description of Pathway Easement November 8, 2017 Project No.: 17-075 Paramount Director Subdivision No.1 City of Meridian Pathway Easement Exhibit A A parcel of land for a City of Meridian pathway easement situated in a portion of the Northeast 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follow: Commencing at a found brass cap monument marking the Northeast corner of said Section 25, which bears S89`37'01"E a distance of 2,669.36 feet from a found aluminum cap monument marking the North 1/4 corner of sold Section 25, thence following the northerly line of said Northeast 1/4, N89°37'01"W a distance of 1,833.06 feet; Thence leaving said northerly line, S00°22'SrW a distance of 40.00 feet to a found 5/8 -inch rebar on the southerly right-of-way line of West Chinden Boulevard (State Highway 20/26) and the easterly boundary of Paramount Veranda Subdivision, a subdivision on file In Book 110 of plats at Pages 15,815 through 15,817, records of Ada County, Idaho; Thence leaving said southerly right-of-way Ilne and following said subdivision boundary, S00`00'00"E a distance of 22.74 feet to the POINT OF BEGINNING. Thence leaving said easterly boundary, N90'00'00"E a distance of 254.71 feet; Thence $87°40'22"E a distance of 57.86 feet; Thence S89°37'01"E a distance of 743.60 feet; Thence S00'22'59"W a distance of 14.00 feet; Thence N89037'01"W a distance of 743.67 feet; Thence N87040'22"W a distance of 57,78 feet; Thence N90`00'00"W a distance of 254.63 feet to said easterly boundary; Thence following said subdivision boundary, N00°00'00"E a distance of 14.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 14,785 square feet (0.339 acres), more or less, and Is subject to all easements and/or rights-of-way of record of implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Npl LAND s 1\11\UIS�D G�4 a r 5662 Of 0��Q� jt Y KENS F.XNTRTT A to Recreatinnal Pathwav F,asement r - M M 0 EXHIBIT B Depiction of Pathway Easement N g � M 0 w c 2*v J m 1- (- I m O N to N O C) NN r M g r R 0 $14 � q r m� z Fn N Exhibit 6 Paramount Director Subdivision No, 1 City of Meridian Pathway Easement NE 114 SEC, 25, TAN,, R1W,, B.M,, City of Meridian, Ada County, Idaho PYNTRTT R to RecrPntinnai Pnthwav Easement g � M 0 w & 2*v I t o Ln r I z Exhibit 6 Paramount Director Subdivision No, 1 City of Meridian Pathway Easement NE 114 SEC, 25, TAN,, R1W,, B.M,, City of Meridian, Ada County, Idaho PYNTRTT R to RecrPntinnai Pnthwav Easement Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: ��r-hal � el eco e� Paramount Director Subdivision No. 1 Sewer and Water Main MEETING NOTES fft-- 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 2017-121190 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 12/20/2017 08:20 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: WATER MAIN AND SANITARY SEWER GRANTEE: CITY OF MERIDIAN GRANTOR: BRIGHTON INVESTMENTS LLC AND ITS SUCCESSORS WHEREAS, by easement dated April 19, 2016 and recorded as Instrument Number 2016.032987 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above - captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of certain portions of this easement are no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate, relinquish, release and abandon the portions of said rights and easements as set forth and legally described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this Iq day of Pffe be4-, 20 . CITY OF MERIDIAN ATTEST eerd, Mayor , City STATE OF IDAHO ) ss County of Ada ) Qo�P1ED AUC,UST �city ERIDIAN;— SEAL On this I q day of �)eceMber, 20 F1 , before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 41 (sEa�,���E gy �'•., STA i`E ;�.•'• •mass.... �Y)O VV W � Notary Public for Idaho Residing at: P IU �lG�L� � g���� Commission expires: 3 _a7 'o2Qo�a. lam MiN, 0 1 , -.: Ni'm 9233 WEST STATE STREET I BOISE, ID 83714 1 208,639.6939 1 FAX 208,639.6930 December 12, 2017 Paramount Director Subdivision No.1 Project No. 17-075 Legal Description City of Meridian Sewer and Water Easement Vacation EXHIBIT A A parcel of land for vacating a portion of an existing City of Meridian Sewer and Water Easement (Instrument No. 2016-032987, of Ada County records), situated in a portion of the Northeast 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada county, Idaho, and being more particularly described as follows: Commencing at a found brass cap marking the Northeast corner of said Section 25, which bears S89037'01"E a distance of 2,669.36 feet from a found aluminum cap marking the North 1/4 corner of said Section 25, thence following the northerly line of said Northeast 1/4, N89°37'01"W a distance of 1,798.39 feet; Thence leaving said northerly line, S00°00'00"E a distance of 335.82 feet to the POINT OF BEGINNING. Thence S00°00'00"E a distance of 30.00 feet; Thence N90°00'00"W a distance of 38.36 feet; Thence S46"39'41"W a distance of 60.71 feet; Thence S00°00'00"E a distance of 137.49 feet; Thence N90°00'00"E a distance of 18.14 feet; Thence S00°00'00"E a distance of 32.50 feet; Thence N90°00'00"W a distance of 193.04 feet to a point on the subdivision boundary of Paramount Veranda Subdivision (a subdivision on file in Book 110, Pages 15815-15817, records of Ada County, Idaho); Thence following said subdivision boundary the following courses: 1. Thence 33.70 feet alongthe arc of a circular curve to the right, said curve having a radius of 45.00 feet, a delta angle of 42°54'09", a chord bearing of N68°33'02"E and a chord distance of 32.91 feet to a found 5/8 -inch rebar; 2. Thence N90°00'00"E a distance of 93.50 feet to a found 5/8 -inch rebar; 3. Thence 54.98 feet along the arc of a circular curve to the left, said curve having a radius of 35.00 feet, a delta angle of 90°00'21", a chord bearing of N45°00'00"E and a chord distance of 49.50 feet to a found 5/8 -inch rebar; 4. Thence N00°00'00"E a distance of 111.67 feet to a found 5/8 -inch rebar; S. Thence 35.02 feet along the arc of a circular curve to the right, said curve having a radius of 43.00 feet , a delta angle of 46°3945", a chord bearing of N23°19'51"E and a chord distance of 34.06 feet to a found 5/8 -inch rebar; 6. Thence N46°39'41"E a distance of 43.95 feet to a found 5/8 -inch rebar; 7. Thence 26.04 feet along the arc of a circular curve to the left, said curve having a radius of 57.00 feet, a delta angle of 26°10'19", a chord bearing of N33°34'35"E and a chord distance of 25.81 feet; Thence leaving said subdivision boundary, N90°00'00"E a distance of 38.55 feet to the POINT OF BEGINNING, ENGINEERS I SURVEYORS I PLANNERS Said easement vacation description contains 7,681 square feet (0.176 acres), more or less, and is subject to all existing easements and/or rights-of-way of record. Attached hereto is Exhibit B and by this reference is made a part hereof. x12459 _ b� OF Z. 13 M • 17,. .: PAGE 12 P:\17-075\CAD\SURVEY\EXHIBITS\17.075 SEWER AND WATER EASEMENTVACATION.DWG, AARON BALLARD,12/13/2017, KYOCERA TASKALFA 45SOCI KX.PC3, -- / 4 z co 0 0 O O O w 0 -pt DO OO O z to m Z m n 3: w m 0 O Nmm C 00 60p B pN 0 Z 0 !moo X rno m'Uz 3iZo zoo o m tz 9 p ocy)'tiZ 01 ao w zg -< O z4co: cn I , o O 0n —� OE Ar < Il� �z m O Z � � > O O N0 a> N� 0 to o z O O 7-0 O v ) m m 3 toul m OObO"E 137.49. ^ I^ th 'u 0z plo 0)U) 4" W�r'n= W .0 W N i �" c 00 4m m ()'i w mz O w O •cn O •2tn O o rn •twn � W m z 0? O N 000` c) C q m fD P. O 0 o 1 N to -A 0 d r1 D m D 07 Y 7 s a m W (4 p N tD ZP O O z w w 0 Gi 0 m m o m N r*i 0)o ',° O 0 m Z m n 3: w m 0 O Nmm C 00 60p B pN 0 Z 0 !moo X rno m'Uz 3iZo zoo o m tz 9 p ocy)'tiZ 01 ao w zg -< O z4co: cn I , o O 0n —� OE Ar < Il� �z m O Z � � > O O N0 a> N� 0 to o z O O 7-0 O v ) m m 3 toul m OObO"E 137.49. Z o� I� V (n O �O `Tl .82' (TIE) rn �D (A v o m O 00 mZc n 00 ;u Do z nD(nrn 0 Ln En'; M EXHIBIT B - EASEMENT VACATION m R F PARAMOUNT DIRECTOR SUBDIVISION No. 1 0 A PORTION OF THE NE 1/4 OF SECTION 25, N T.4N.1 R.1W., B.M., MERIDIAN, ADA COUNTY, ID ^ I^ th 'u 0z plo 0)U) 4" W�r'n= W .0 m X0 <K: D Z i ozo� 00 4m �_ N;u0 —z �mmN mz N Z o� I� V (n O �O `Tl .82' (TIE) rn �D (A v o m O 00 mZc n 00 ;u Do z nD(nrn 0 Ln En'; M EXHIBIT B - EASEMENT VACATION m R F PARAMOUNT DIRECTOR SUBDIVISION No. 1 0 A PORTION OF THE NE 1/4 OF SECTION 25, N T.4N.1 R.1W., B.M., MERIDIAN, ADA COUNTY, ID Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Paramount Director Subdivision No. 1 Sewer and Water 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 2017-121192 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 12/20/2017 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 13th day of December, 2017, between Brighton Development Inc., an Idaho corporation, 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: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 'j p,ram(D Lin --'\retro✓ Sanitary Sewer and Water Main Easement REV. 08/15/16 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 1 Presid 'nt l2 o` oy-o~ ty. f2W 00134 Address STATE OF IDAHO ) ) ss County of Ada ) On this day of PX400 b( ) 20 11 before me, theundersigned, a Notaiy and - Public in and for said State, personally appcarcd t�vtl D. Weil , known or identified to me to be the President and, Secy,w:y, re=spect -wl-y, 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 h Ud and �fi d my official seal the day and year fist above written. _ E � ���� � fUi t) 11� U ARY PUBLI FOR IDAHO 9` l al°` 1.1h4lt Residing at: v G� *3)TAiT, OF IDAI.10 Commission Expires: V11512PZ.2 Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de WKl, Mayor Att6st by CYay Coles, City Clerk 1L}( W 4 ANS- SLAL Approved By City Council On: IV 11q z Do/:z STATE OF IDAHO, ) . ss. County of Ada ) On thisgq day of geeernbw , 20Q 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. '•••••r••••�••.. (SEAAX O� PLO, •�'. `FATE u� ••� 0j-qAkq NOTARY PUBLIC FOR I AHO Residing at: —M' tl — Commission Expires: 3a— Pnc-ameurrI E�ireC!A-c►- Sanitary Sewer and Water Main Easement REV. 08/15/16 I= 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 ( FAX 208.639.6930 December 14, 2017 Paramount Director Subdivision No.1 Project No. 17-075 Legal Description City of Meridian Sewer and Water Easement EXHIBITA A parcel of land fora City of Meridian Sewer and Water Easement, situated in a portion of the Northeast 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada county, Idaho, and being more particularly described as follows: Commencing at a found brass cap marking the Northeast corner of said Section 25, which bears S89°37101"E a distance of 2,669.36 feet from a found aluminum cap marking the North 1/4 corner of said Section 25, thence following the northerly line of said Northeast 1/4, N89°37'01"W a distance of 1,833.33 feet; Thence leaving said northerly line, S00°00'00"E a distance of 155.06 feet to POINT OF BEGINNING 1. Thence N90°00'00"E a distance of 31.00 feet; Thence S00°00'00"E a distance of 85.00 feet, Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of S45°00'00"E and a chord distance of 23.33 feet; Thence N90°00'00"E a distance of 158.00 feet to a point, hereinafter referred to as "POINT A"; Thence N00°00'00"E a distance of 101.50 feet, Thence N90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of 101.50 feet to a point, hereinafter referred to as "POINT B"; Thence N90°00'00"E a distance of 168.00 feet; Thence N00°00'00"E a distance of 101.50 feet; Thence N90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of 101.50 feet; Thence N90°00'00"E a distance of 168.00 feet; Thence N00°00'00"E a distance of 101.50 feet; Thence N90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of 101.50 feet, Thence N90°00'00"E a distance of 180.30 feet, Thence 43.07 feet along the arc of a circular curve to the right, said curve having a radius of 116.50 feet, a delta angle of 21°10'58", a chord bearing ofS79°24'31"E and a chord distance of 42.83 feet; Thence 187.83 feet along the arc of a circular curve to the left, said curve having a radius of 253.50 feet, a delta angle of 42°27'11", a chord bearing of N89°57'23"E and a chord distance of 183.56 feet; Thence 42.14 feet along the arc of a circular curve to the right, said curve having a radius of 113.50 feet, a delta angle of 21°16'13", a chord bearing of N79°21'54"E and a chord distance of 41.89 feet; Thence N90°00'00"E a distance of 34.40 feet; Thence S00°00'00"E a distance of 56.00 feet; Thence N90°00'00"W a distance of 28.54 feet, Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing ofS45°00'00"W and a chord distance of 23.33 feet; Thence S00°00'00"E a distance of 284.45 feet; ENGINEERS I SURVEYORS I PLANNERS Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of 545'00'00"E and a chord distance of 23.33 feet, Thence N90°00'00"E a distance of 112.00 feet; Thence S00°00'00"E a distance of 56.00 feet; Thence N90°00'00"W a distance of 192.75 feet; Thence 25.92 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing ofS45°00'00"W and a chord distance of 23.33 feet, Thence 500'00'00"E a distance of 95.57 feet; Thence 81.06 feet along the arc of a circular curve to the left, said curve having a radius of 1,538.50 feet, a delta angle of 3°01'07", a chord bearing of S88°00'58"W and a chord distance of 81.05 feet, Thence N00°00'00"E a distance of 94.65 feet; Thence 27.03 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 93"52'07", a chord bearing of N46°56'03"W and a chord distance of 24.11 feet; Thence 599.03 feet along the arc of a circular curve to the left, said curve having a radius of 1,650.52 feet, a delta angle of 20°47'41", a chord bearing of S75°44'03"W and a chord distance of 595.75 feet; Thence 128.91 feet along the arc of a circular curve to the right, said curve having a radius of 299.48 feet, a delta angle of 24°39'47", a chord bearing of S77°40'06"W and a chord distance of 127.92 feet; Thence N90°00'00"W a distance of 37.13 feet; Thence 142.92 feet along the arc of a circular curve to the right, said curve having a radius of 203.48 feet, a delta angle of 40°14'37", a chord bearing of N69°52'41"W and a chord distance of 140.00 feet; Thence 85.97 feet along the arc of a circular curve to the right, said curve having a radius of 99.00 feet, a delta angle of 49°4523", a chord bearing of N24°52'41"W and a chord distance of 83.30 feet; Thence N00°00'00"E a distance of 101.08 feet; Thence 29.73 feet along the arc of a circular curve to the left, said curve having a radius of 43.00 feet, a delta angle of 39°37'02", a chord bearing of N19°48'31"W and a chord distance of 29.14 feet; Thence N90°00'00"W a distance of 128.75 feet, Thence 28.12 feet along the arc of a circular curve to the left, said curve having a radius of 36.50 feet, a delta angle of 44°08'29", a chord bearing of S67°55'46"W and a chord distance of 27.43 feet; Thence S45"51'31"W a distance of 43.82 feet; Thence N44°07'45"W a distance of 39.50 feet to a found 5/8 -inch rebar; Thence N45°51'31"E a distance of 65.70 feet to a found 5/8 -inch rebar; Thence 34.67 feet along the arc of a circular curve to the right, said curve having a radius of 45.00 feet, a delta angle of 44°08'41", a chord bearing of N67°55'46"E and a chord distance of 33.82 feet to a found 5/8 -inch rebar; Thence N90°00'00"E a distance of 93.50 feet to a found 5/8 -inch rebar; Thence 54.98 feet along the arc of a circular curve to the left, said curve having a radius of 35.00 feet, a delta angle of 90°00'21", a chord bearing of N45°00'00"E and a chord distance of 49.50 feet to a found 5/8 -inch rebar; Thence N00°00'00"E a distance of 111.67 feet to a found 5/8 -inch rebar; Thence 35.02 feet along the arc of a circular curve to the right, said curve having a radius of 43.00 feet, a delta angle of 46°39'45", a chord bearing of N23°19'51"E and a chord distance of 34.06 feet to a found 5/8 -inch rebar; Thence N46°39'41"E a distance of 43.95 feet to a found 5/8 -inch rebar; Thence 46.42 feet along the arc of a circular curve to the left, said curve having a radius of 57.00 feet, a delta angle of 46°3948", a chord bearing of N23°19'51"E and a chord distance of 45.15 feet to a found 5/8 -inch rebar; Thence N00°00'00"E a distance of 161.04 feet to POINT OF BEGINNING 1. PAGE 12 EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT A", thence S18°07'46"W a distance of 58.93 feet to POINT OF BEGINNING 2. Thence 25.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of S45°00'00"E and a chord distance of 23.33 feet; Thence S00°00'00"E a distance of 463.25 feet; Thence 18.47 feet along the arc of a circular curve to the right, said curve having a radius of 13.00 feet, a delta angle of 81'25'24", a chord bearing of S40°42'42"W and a chord distance of 16.96 feet; Thence 36.45 feet along the arc of a circular curve to the right, said curve having a radius of 243.48 feet, a delta angle of 08°3436", a chord bearing of S85°42'42"W and a chord distance of 36.41 feet; Thence N90°00'00"W a distance of 37.13 feet, Thence 103.59 feet along the arc of a circular curve to the right, said curve having a radius of 147.48 feet, a delta angle of 40°14'37", a chord bearing of N69°52'41"W and a chord distance of 101.47 feet; Thence 37.34 feet along the arc of a circular curve to the right, said curve having a radius of 43.00 feet, a delta angle of 49°45'23", a chord bearing of N24°52'41"W and a chord distance of 36.18 feet; Thence N00°00'00"E a distance of 101.08 feet, Thence 50.13 feet along the arc of a circular curve to the left, said curve having a radius of 99.00 feet, a delta angle of 29°00'55", a chord bearing of N14°30'28"W and a chord distance of 49.60 feet; Thence N00°00'00"E a distance of 34.30 feet; Thence N90°00'00"W a distance of 20.29 feet; Thence NO3°11'36"E a distance of 159.38 feet; Thence N46°39'41"E a distance of 25.53 feet; Thence 60.73 feet along the arc of a circular curve to the left, said curve having a radius of 88.00 feet, a delta angle of 39°32'18", a chord bearing of N26°5332"E and a chord distance of 59.53 feet, Thence 23.87 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 82'52'37", a chord bearing of N48°33'42"E and a chord distance of 21.84 feet; Thence N90°00'00"E a distance of 140.47 feet to POINT OF BEGINNING 2. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT B", thence S42°08'11"E a distance of 75.52 feet to POINT OF BEGINNING 3. Thence N90°00'00"E a distance of 500.34 feet, Thence 25.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 90"00'00", a chord bearing of S45°00'00"E and a chord distance of 23.33 feet to a point, hereinafter referred to as "POINT D"; Thence S00°00'00"E a distance of 295.35 feet, Thence 24.06 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 83'33'08", a chord bearing ofS41°46'34"W and a chord distance of 21.99 feet; Thence 183.47 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 6°09'36", a chord bearing of S80°28'20"W and a chord distance of 183.38 feet; Thence N00°00'00"E a distance of 166.10 feet; Thence N90°00'00"W a distance of 11.17 feet; Thence N00°00'00"E a distance of 102.00 feet; Thence N90°00'00"W a distance of 20.00 feet; PAGE 13 Thence S00°00'00"E a distance of 102.00 feet; Thence N90°00'00"W a distance of 80.00 feet; Thence N00°00'00"E a distance of 102.00 feet; Thence N90°00'00"W a distance of 31.17 feet; Thence S00°00'00"E a distance of 306.46 feet a point, hereinafter referred to as "POINT C"; Thence 189.61 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 6°21'58", a chord bearing of S69°15'29"W and a chord distance of 189.51 feet, Thence 25.85 feet along the arc of a circular curve to the right, said curve having a radius of 13.00 feet, a delta angle of 113°55'30", a chord bearing of N56`57'45"W and a chord distance of 21.80 feet, Thence N00°00'00"E a distance of 435.69 feet; Thence 25.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 90°00'00", a chord bearing of N45°00'00"E and a chord distance of 23.33 feet to POINT OF BEGINNING 3. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT C", thence 32.42 feet along the arc of a circular curve to the right, said curve having a radius of 1,706.52 feet, a delta angle of 1°05'19", a chord bearing of N72°59'08"E and a chord distance of 32.42 feet to POINT OF BEGINNING 4. Thence N00°00'00"E a distance of 174.97 feet; Thence N90°00'00"E a distance of 80.34 feet; Thence S00°00'00"E a distance of 153.33 feet; Thence 83.21 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 2°47'37", a chord bearing of S74°5535"W and a chord distance of 83.20 feet to POINT OF BEGINNING 4. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT D", thence S69°18'57"E a distance of 59.86 feet to POINT OF BEGINNING S. Thence 28.46 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 98°4921", a chord bearing of N49°2441"E and a chord distance of 25.06 feet; Thence 95.31 feet along the arc of a circular curve to the left, said curve having a radius of 309.50 feet, a delta angle of 17°3842", a chord bearing of N90°00'00"E and a chord distance of 94.94 feet, Thence 28.46 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 98°4921", a chord bearing of S49°24'41"E and a chord distance of 25.06 feet; Thence S00°00'00"E a distance of 263.31 feet; Thence 25.88 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 89°51'02", a chord bearing of S44°55'31"W and a chord distance of 23.30 feet, Thence 99.11 feet along the arc of a circular curve to the left, said curve having a radius of 1,706.52 feet, a delta angle of 3°19'39", a chord bearing of S88°11'13"W and a chord distance of 99.09 feet; Thence 26.92 feet along the arc of a circular curve to the right, said curve having a radius of 16.50 feet, a delta angle of 93°28'37", a chord bearing of N46°44'18"W and a chord distance of 24.03 feet, Thence N00°00'00"W a distance of 266.47 feet to POINT OF BEGINNING S. PAGE 14 Said parcel contains 5.997 acres, more or less, and is subject to all existing easements and/or rights-of-way of record. Attached hereto is Exhibit B and by this reference is made a part hereof. 1l ,12459 a �N L BAtiy4� 17-.14•ZOI-4- PAGE 15 P:\17.075\CAD\SURVEY\EXHIBITS\17-075 SEWER AND WATER EASEMENT.DWG, AARON BALLARD,12/14/2017, KYOCERA TASKALFA 45SOCI KX.PC3, --- N. FOX RUN WAY 4,\ \ m SEE SHEET 2 m 6zl 1p m �nxW foo N ^mA in c �Im n O a tg s z r-wo J CJ7 IIVc Z Ut O O D c0 O ! C z O 0 S� L25 cs 0 z Ito -� C I �o OPT Ac �I z PC ND �I-u I ( b I l w z o 0) IRE iv I I if —Lu) 0 �500'0� O'00"E� 155.06' (TIE) I N 0o ccr'a ro w w I I trn I I x of ml z 1" c dl N � 1 mo cg ca _ vo... NIR �I M0 Cn � D m EXHIBIT B - MERIDIAN SEWER AND WATER ESMT N PARAMOUNT DIRECTOR SUBDIVISION No. 1 O 4�"A PORTION OF THE NE 1/4 OF SECTION 25, C V T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, ID P:\17075\CAD\SURVEY\EXHIBITS\17.075 SEWER AND WATER EASEMENT.DWG, AARON BALLARD,12/14/2017, KYOCERA TASKALFA 4550CI KX.PC3, -- L18 —C" L17_ uo �: L11 L13 o, 0 0 to m co 0 Gi 0 suu-uu uu t zao.13u _ %c N00'00'00"W 266.47' d' v � M O v O W J C7 to w S00'00'00'E 263.31' z v 0 0 0 0 J r J N � n ALI S00100'00"E 2$4.45' PS �co w J I� rn o 0 o UNpLATTED I SEE SHEET 1 i I I I z z v, m Z N pv rn rn <IW o�Ci 0 0 zc�o`'� mcg v� tn 0BB� rn o Ln � o z � m m EXHIBIT B -MERIDIAN SEWER AND WATER ESMT m .. N� a PARAMOUNT DIRECTOR SUBDIVISION No. 1 TI A PORTION OF THE NE 1/4 OF SECTION 25, V T.4N., R.1W., B,M., MERIDIAN, ADA COUNTY, ID Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Regency Phase 2 At River Valley Sanitary Sewer and Water Main Easement Partial Release 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 2017-121195 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 12/20/2017 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: WATER MAIN AND SANITARY SEWER GRANTEE: CITY OF MERIDIAN GRANTOR: BART L. BRYSON AND HIS SUCCESSORS AND ASSIGNS WHEREAS, by easement dated April 20, 2004 and recorded as Instrument Number 104048418 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above - captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of certain portions of this easement are no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate, relinquish, release and abandon the portions of said rights and easements as set forth and legally described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein; with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this A day of 06. e�6Pii', 20_. CITY OF MERIDIAN �QOaP(ED AUGUST, By TaWeerd, Mayor i w cry or ATTEST EID�IAN� -- C l s Cit Jerk z �� y SEAL STATE OF IDAHO ) : ss County of Ada ) On this {"l day of DM U 20—L -L, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4E••i'I'��'•. (SEA��'`;SARy��'' • fl..� , ISI , ■ •� ATE ON 0 448006000• �j 5enc� Vha� 2 b-a&yv lel. Notary Public f r Idaho Residing at: Commission expires: 3 •a'4 km - - 9233 WEST STATE STREET I BO(SE, ID 83714 208.639.6939 1 FAX 208.639.6930 August 8,.2017 Project No. 15-006 City of Meridian Sewer and Water Easement Release Exhibit A A portion of an easement recorded as Instrument No: 104048418 (records of Ada County, Idaho) over a parcel of land as described in Quitclaim Deed Instrument No. 2015-088632 (records of Ada County, Idaho); situated in the Southwest 1/4 of the Northwest. 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found brass cap monument marking the Northwest corner of said Section 4 which bears N00°36'00"E a distance of 2,611.39 feetfrom a found brass cap marking the West 1/4 corner of said Section 4; Thence followingthe westerly line of said Northwest 1/4 of said Section 4, SOO°36'00"W a distance of 2,47528 feet; Thence S89°24'00"E a distance of 1273.41 feet to a found 5/8 -inch rebar on the.westerly right-of-way line of North Records Avenue; Thence following said westerly right-of-way. line, N00°40'39"E a distance of 29.53 feet to the POINT OF BEGINNING. Thence leaving said westerly right-of-way line, N70°15'11"W a distance of 6.84 feet; Thence N43°27'48"W a distance of 359,40 feet; Thence N75°59'05"W a distance of 297.04 feet; Thence N39°52'16"W a distance of 156.10 feet; Thence S89'2 2'08"E a distance of 39.45 feet; Thence S39°52'16"E a distance of 120.69 feet; Thence S75°59'05"E a distance of 296.01 feet; Thence S43°27'48"E a distance of 346,51 feet to said westerly right-of-way line of North Records Avenue; Thence S00°40'39"W a distance of 38.65 feet to the POINT OF BEGINNING. Said.easement contains 0.545 acres (23,760 square feet), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �N Pl l A NO\ �c E N SF GnG 0 662 LP /r�Tcr OF F/ KE ENGINEERS I SURVEYORS I LANDSCAPE ARCHITECTS www,kniengllp.com P.N15.006\CAD\EXHIBITS\15.006 SEWER EASEMENT VACATION.DWG, TODD ARNOLD, 811412017, KYOCERATASKALFA 4550CI KX.PC3, --- -3 z { �I },� 0 4 m Co 51 N. Eagle Road F r� r m BASIS OF BEARINGS � CCnn �" 41 o 1A z �t z —SQD'36'OQ"W 2611.39' ~2475.28' C; to w N z 0 p 136.12' D .Co m w Ri { mzoo �c x c- __q --A *� PROF_ 000- 0 ZZ p 0 � 5 ^'� �� �IZMM x(n vv yah z�1'U)o zrri m n , -; z cln�m a z rCOn` zoo g \ -3 z { �I },� 0 4 m Co 51 FA F r� r m P Con nn � CCnn �" 41 o 1A z �t z r m � C; to 00 z 0 z a m D .Co m Ri rri 0 Q m z �01N m � 00, rn zUi�� Nm,m� c W � x � K `U20} O mol V -i z z m m I I I m z 0) y i l l I I 0 ►v z A o z o z m an d m z 0 Z. m r < rrri D O � o m 0, m 30 W,°Tp S�yeR zi zz PER 1NS 04p>N4 r 18 zm � o m 00 000 Co \ z y o N. Records Avenue EXHIBIT B REGENCY PHASE II AT RIVER VALLEY SEWER AND WATER EASEMENT RELEASE A portion of the SW 1/4, NW 1/4, Section 4, UN., R.1B., B.M., City of Meridian, Ada County, ID Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Regency at River Valley Phase 2 Sanitary Sewer and Water Main Easement MEETING NOTES ul- 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 2017-121196 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 12/20/2017 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of4&r. 20 t7 between e parties of the first part, and hereinafter called the Grantors, and the City of Me idian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV, 08/15/16 ec� Vh9!2P- 2 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 STATE OFA ) �'1'� LAkc) ss County of A_dX ) On this day of &06" '20 1-7, before me, the undersigned, allotary Public in and for said State, personally appeared and a t,-e—� , known or identified46 me to be the President and Shy, res etively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. t ^ NOTARY PUBLIC l 0A CHELSEA ROBINSON t 6e1970 Y NO P LIC FOR = COMMISSION EXPIRES Residing at: FEBRUARY 20, 2019 STATE OF UTAH Commission Expires: / Sanitary Sewer and Water Main Easement REV,' 08/15/16 GRANTEE: CITY OF MERIDIAN o�QoRATEOA�cc. G S'A t Of v 8 IbW rd,—Ma %ox m 9 aN SEAA. �0�rhe TREASV��,P . ACest VJay Coles, City Cleric / Approved By City Council On: 1 STATE OF IDAHO, ) . ss. County of Ada ) On this _day of �Q �(J.i11� P)1 , 20_�j 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. 'Pham � L itag wnd Water Main Easement NOTARY PUBLIC FO IDO Residing at: JrL Commission Expires: 3 aW G�QAD REV. 08/15/16 6V ORO 9233 WEST STATE STREET I BOISE, ID 83714 ( 208.639.6939 1 FAX 208.639,6930 August 8, 2017 Project No. 15-006 City of Meridian Sewer and Water Easement ExhibltA An easement over a portion of a parcel of land as described in Quitclaim Deed Instrument No. 2015-088632 (records of Ada County, Idaho), herein referred to as Parcel A, situated in the Southwest 1/4 of the Northwest 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found brass cap monument marking the Northwest corner of said Section 4 which bears N00°36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4, Thence following the westerly line of said Northwest 1/4 of said Section 4, S00°36'00"W a distance of 2,475.28 feet, Thence leaving said westerly line, S89°24'00"E a distance of 1,273.41 feet to a found 5/8" rebar on the west right-of- way line of North Records Avenue, Thence following said west right-of-way line, N00040'39"E a distance of 25.11 feet to the POINT OF BEGINNING. Thence leaving said west right-of-way line, N43°27'48"W a distance of 95.33 feet; Thence N42°30'45"W a distance of 288.20 feet; Thence N90°00'00"W a distance of 93.33 feet, Thence N74°15'32"W a distance of 60.76 feet, Thence SO4°29'27"W a distance of 23.94feet to the southerly boundary line of said Parcel A; Thence following said southerly boundary line, N85°33'52"W a distance of 20.00 feet; Thence leaving said southerly boundary line, N04°29'28"E a distance of 36.21 feet; Thence N75°59'05"W a distance of 114.08 feet; Thence N39°52'16"W a distance of 156.10 feet to the northerly boundary line of said Parcel A; Thence following said northerly boundary line, S89°22'08"E a distance of 27.81 feet; Thence leaving said northerly boundary line, S40°27'13"E a distance of 133.61 feet; Thence S76023'06"E a distance of 109.86 feet; Thence N15°44'28"E a distance of 8.57 feet; Thence S74°15'32"E a distance of 10.00 feet, Thence S15°44'28"W a distance of 8.19 feet; Thence S76°23'06"E a distance of 4.14 feet; Thence N13036'54"E a distance of 1.68 feet, Thence NO3°47'59"E a distance of 26.56 feet; Thence S86643'53"E a distance of 12.64 feet; Thence S03°47'31"W a distance of 30.58 feet, Thence 576°22'59"E a distance of 99.55 feet, Thence N90°00'00"E a distance of 144.11 feet; Thence N00°00'00"E a distance of 55.18 feet; Thence N90°00'00"E a distance of 157.45 feet to said west right-of-way line of North Records Avenue; Thence following said west right-of-way line, S00°40'39"W a distance of 20.00 feet; Thence leaving said west right-of-way line, N90°00'00"W a distance of 137.21 feet; Thence S00°00'00"E a distance of 18.24 feet; Thence N90°00'00"E a distance of 10.00 feet; Thence S00°00'00"E a distance of 20.66 feet, Thence N90°00'00"W a distance of 10.00 feet, Thence S00°00'001 a distance of 16.27 feet, ENGINEERS I SURVEYORS ( LANDSCAPE ARCHITECTS www.lonengllp.com Thence N90°00'00"W a distance of 102.19 feet; Thence S43°27'30"E a distance of 302.66 feet; Thence N46°32'12"E a distance of 7.16 feet; Thence S43°27'48"E a distance of 32.78 feet to said west right-of-way line of North Records Avenue; Thence following said west right-of-way line, S00°40'39"W a distance of 43.08 feet to the POINT OF BEGINNING. Said easement contains 0.575 acres (25,067 square feet), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. G LAND EN st-o SG�G 4 -4 0 1 662 \� /r gTF Y OF K�H�% Z-1 PAGE 12 PA15.006\CAD\EXHIBITS\15.006 CITY OF MERIDIAN SEWER AND WATER EASEMENT WITH ROS BOUNDARY.DWG, ALEX GREEN, 8/3/2017, HP LASERIET S100.PC3, ---- N. Eagle Road BASIS OF BEARINGS U' _ S00'36'00"W 2611.39' Ln N f ►� 138.77 2475.28' �, LU W o *00 C n Z:!) 00 0 O� `zZ C)ZZ 0 Co Z S 2 0 I �o i Z cn w 41 m I m :�U� 9-U 9? z 00 z� z I �z 41 � In m I `�) m 00 N I I I m �V m C; ( I z w 7Q N PROFF S -IDo In I N r m o c r z O o co /Y K m o D C rn z -I / rn z Z D % o z -i �t 4P mor V p o m z� > N z z Cn 000 w�y I L24 N ;U�'' ti L N o cn \j cn mm A I N m N. Records Avenue I I I i I z o - Cil0 o -U D I2z ° z ---I o z Iz0 ono(Dio REGENCY PHASE II AT RIVER VALLEY � Iv 0 (TIE) K m o D C rn z -I / rn z Z D % o z -i �t 4P mor V p o m z� > N z z Cn 000 w�y I L24 N ;U�'' ti L N o cn \j cn mm A I N m N. Records Avenue I I I i I z - (V EXHIBIT B rrn REGENCY PHASE II AT RIVER VALLEY CC* < 0 �wpD 0 -11 WP. d w CITY OF MERIDIAN SEWER AND WATER EASEMENT i l o A portion of the SW 1/4, NW 1/4, Section 4, UN., RAE., B.M., City of Meridian, Ada County, ID z �UAN m V a -\i s.nnF\cnD\FYHIRITSXlS.006 CITY OF MERIDIAN SEWER AND WATER EASEMENT WITH ROS SOUNDARY.DWG, ALEX GREEN, 8/3/2017, HP LASERJET 5100.PC3, •--- 0 D N / o m I L32 L28 I wl I' ( O o m 'EXHIBIT B o N^ O mr v z� Q :3 Ny N Z O N y w�xD { n O -n Q �Wo m (D w -P w�� J, O / o m I L32 L28 I wl I' ( o m 'EXHIBIT B o N^ mr m a z� REGENCY PHASE II AT RIVER VALLEY Ny N{� C Og N J A y w�xD { O -n �Wo m w CITY OF MERIDIAN SEWER AND WATER EASEMENT w�� J, b O p m -1 b o A of the SW 1/4, NW 1/4, Section 4, T.3N., R.1E., B.M., City of Meridian, Ada County, ID z 0 N portion m v P:\15-006\CAD\EXHIBITS\15.006 CITY OF MERIDIAN SEWER AND WATER EASEMENT WITH ROS BOUNDARY.DWG, ALEX GREEN, 8/3/2017, HP LASERJET5100.PC3, -••- N��NOoWVOrJ� -rn-N•p{�'. JrN (WU�_0,�l,1I r �X��W� ow�IWOOWHA^,SD��mp^ 2cb•zzp _� rn�NI--U 1 of a -- R M, sfEXHIBIT B z�� REGENCY PHASE II AT RIVER VALLEY m Uj OM 00 -no CITY OF MERIDIAN SEWER AND WATER EASEMENT dC IA portion of the SW 1/4, NW 1/4, Section A, T.3N., R1E., B.M., City of Meridian, AD m m V m CP WNO o 00 F�)F)P WN N D O ZNWN 01 O CJ O0oO O 03 00 0� 0 O z zU)z(f)zuZzZ W o 00 o omm ON 0 04OOOOOQ NZO0O �r1mTTOOOOO��O �OOOmm O T Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Dog License Designee Agreement between Settlers Park Veterinary Hospital and City of Meridian MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EIDIAM-= - DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 19 day of �,M( P,V'- , 20_[�, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Settlers Park Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 3220 N. Meridian Road, Meridian, Idaho 83646. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2018 to December 31, 2018. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2018 DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 5 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 2 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City’s behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City’s behalf; and b. A true and correct copy of the Licensing Designee’s monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth 10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk’s review and accounting of Licensing Designee’s issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee’s obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee’s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee’s logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 3 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Settlers Park Veterinary Hospital, 3220 N. Meridian Road, Meridian, Idaho 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee’s records with respect to all matters covered by this Agreement. 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 4 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City’s behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. 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. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T, Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: SETTLERS PARK VETERINARY HOSPITAL bes%.Oe�sj BY:u6vrlS Print Name CITY OF MERI BY:GOPQDRATED.47 �� Tammy de erd, Mayor a IA Attest: SE E ID NC. m `41- C. COle City Clerk 01r., �4JPy 2018 Dot^, UcENSiNG DESIGNEE AGREEMENT U PAGE 5 OF 5 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Dog License Designee Agreement between Meridian Veterinary Hospital and City of Meridian MEETING NOTES v `9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN� I©AHO DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this day of 20 (7, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Meridian Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 421 W Franklin Road, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). D. Time of Performance: This agreement shall be effective from January 1, 2018 to December 31, 2018. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2018 DOG LICENSING DESIGNEE AGREEMENT K PAGE 1 OF 5 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 2 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City’s behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City’s behalf; and b. A true and correct copy of the Licensing Designee’s monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth 10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk’s review and accounting of Licensing Designee’s issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee’s obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee’s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee’s logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 3 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Meridian Veterinary Hospital, 421 W Franklin Road, Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee’s records with respect to all matters covered by this Agreement. 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 4 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City’s behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. 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. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: MERIDIAN VETERINARY HOSPITAL ee's Signa r BY: Print Name CITY OF MERID JUN BY: Tammy de e rd, ]MlZyor Attest: m C.Jaj,Coles,qty Clerk 2018 DOG LdcENSING DESIGNEE AGREEMENT ■ PAGE 5 OF 5 o�QORATEDgG cG E j w S DIANA Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Dog License Designee Agreement between Idaho Humane Society and City of Meridian 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 DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this ( day of a xtAe 20J�T, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and the Idaho Humane Society, hereinafter referred to as "Licensing Designee," whose business address is 4775 Dorman Street, Boise, Idaho 83705. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2018 to December 31, 2018. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2018 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 1 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf; and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. hi the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2018 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Idaho Humane Society, 4775 Dorman Street, Boise, Idaho 83705 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2018 DOG LICENSING DESIGNEE AGREEMENT E PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. 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. 2018 DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 5 S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: IDAHO HUMANE SOCIETY Designee's Signature Print Name CITY OF MEI2�DIAN BY: Tammy d rd, Mayor 2018 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 of 5 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Dog License Designee Agreement between Linder Pet Medical Care and City of Meridian MEETING NOTES L.®J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAI'-- DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this day of ` e,r 2 YYIbgr , 20n, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East. Idaho Avenue, Meridian, Idaho 83642, and Linder Pet Medical Care, hereinafter referred to as "Licensing Designee," whose business address is 3150 W Sheryl Drive, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2018 to December 31, 2018. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2018 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 1 OF 5 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 2 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City’s behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City’s behalf; and b. A true and correct copy of the Licensing Designee’s monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth 10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk’s review and accounting of Licensing Designee’s issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee’s obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee’s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee’s logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 3 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Linder Pet Medical Care, 1785 W Cherry Lane, Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee’s records with respect to all matters covered by this Agreement. 2018 DOG LICENSING DESIGNEE AGREEMENT PAGE 4 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City’s behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. 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. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become efTeetive or binding until approved by City. LICENS = Cs DESIGNEE. LIND R 1'ET _IN4EDICAL CASE I Tammy 6Yeerd, Mayo' 0�QpaPTEDq(�G, V T YAttest:£ 1Vur ®IANN-d IDAF O s, Iiy Cleric m SEAL 2018 Doc, LICENSING 't:1sING D IG E& AGR ENIE T 0 PAGR5 5 of 5 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6M PROJECT NUMBER: H-2017-0158 ITEM TITLE: Kentucky Ridge Estates Final Plat for Kentucky Ridge Estates South (H-2017-0158) by T & M Holdings located east of S. Linder Road and south of W. Victory Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6N PROJECT NUMBER: H-2017-0114 ITEM TITLE: Aegean Estates Findings of Fact, Conclusions of Law Revised for Aegean Estates (H-2017-01 14) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 65.31 Acre s of Land with R-4 (28.81 Acres) and R-8 (36.5 Acres) Zoning Districts; and a Preliminary Plat Consisting of 215 Building Lots and 22 Common Lots on 62.7 Acres of Land for Aegean Subdivision, by Premier Investments, LLC. Case No(s). H-2017-0114 For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2107) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 24, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation & zoning and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 24, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 24, 2017 By action of the City Council at its regular meeting held on the J day of ne6en 6e.- 2017. COUNCIL PRESIDENT KEITH BIRD VOTED 161 COUNCIL VICE PRESIDENT JOE BORTON VOTED Yeti 11-1 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ti`I COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED Yeo COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) �QORJED AVG�S O i Mayor Ta m e eer C E� IIDIAN4,. -4 IDAHO Attest: i\ O . , City Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ChLIM Dated: l a A - City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0114 C,i Q�ean 8 ub- - 4 - EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 1 STAFF REPORT Hearing Date: October 24, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Aegean Subdivision – AZ, PP (H-2017-0114) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Premier Investments, LLC, has submitted an application for annexation and zoning (AZ) of 65.31 acres of land with R-4 (28.81 acres) and R-8 (36.5 acres) zoning districts; and a preliminary plat (PP) consisting of 215 building lots and 22 common lots on 62.7 acres of land for Aegean Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant’s Representative ii. In opposition: None iii. Commenting: Jacob Hassard, Valley Regional Transit; Mike Weaver; Janice Christensen. iv. Written testimony: Becky McKay, Applicant’s Representative (response to the staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Request for single-story homes along Mr. Weaver’s property at the southwest corner of the development area and along Ms. Christensen’s property at 5726 W. Becky Dr. ii. Desire for protection of Fivemile Creek and the associated wildlife; improvement of the area adjacent to the creek and widening of this area 100 feet on each side of the creek to allow amenities such as a greenbelt, rapids for rafting & put-in and take-out areas – for the entire length of the creek, not just on this property. c. Key Issues of Discussion by Commission: i. Desire for more common area on the east side of the development; and removal of 2 building lots within the common area in Block 12. ii. Transition in density/lot sizes from 5+/- acre County parcels to medium density urban lot sizes. d. Commission Change(s) to Staff Recommendation: EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 2 i. Remove the 2 building lots in Block 12 to increase the common area in the northeast portion of the development; the number of building lots may remain the same (i.e. the 2 building lots may be relocated elsewhere) (see Note #1.1.2d). e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on October 24, 2017. At the public hearing, the City Council moved to approve the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay, Applicant’s Representative (response to Commission recommendation) v. Staff presenting application: Bill Parsons, Warren Stewart vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by City Council: i. The applicant’s request for eligibility of future reimbursement for the cost of the 36- inch sewer main line required to be constructed with this development. d. City Council Change(s) to the Commission Recommendation: i. Council approved a waiver to UDC 11-3A-6B to allow the Five Mile Creek feeder/McFadden Drain to remain open and not be piped or otherwise covered (see DA provision #1.1.1f). e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0114, as presented in the staff report for the hearing date of October 24, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0114, as presented during the hearing on October 24, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0114 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the east side of N. McDermott Road, ¼ mile south of W. McMillan Road, in the NW ¼ of Section 33, Township 4 North, Range 1 West. (Parcel No.: S0433233700) B. Owners: EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 3 Premier Investments, LLC 4235 W. White Ash Drive Meridian, ID 83646 C. Applicant: Same as Owner D. Representative: Becky McKay, Engineering Solutions 1029 N. Rosario St., Ste. 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 1, 2017 (Commission); October 6, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: August 25, 2017 (Commission); September 29, 2017 (City Council) D. Applicant posted notice on site(s) on: September 10, 2017 (Commission); October 14, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in The Oaks South Subdivision, zoned R-4; and vacant/undeveloped land, zoned R-15 2. East: Agricultural land, zoned RUT in Ada County 3. South: Single-family rural residential properties in Apple Valley Subdivision, zoned RUT in Ada County 3. West: Rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Location of sewer: This property falls within the Oaks Lift Station Service Area, and is located south of the existing lift station in the Oaks South Subdivision. The applicant shall be required to construct the 36-inch master planned sewer trunk from the lift station to the south boundary along the west frontage of the property in N. McDermott Road. They shall also be required to construct the 10-inch master planned sewer trunk on the north side of the property. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 4 2. Location of water: Water serviceability is dependent upon extension of water mains from adjacent developments. Applicant shall be required to construct water mains to and through the development in compliance with city code and adopted water master plan. 3. Issues or concerns: Applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees as well as fund 125% of the upgrade cost for the Oaks Lift Station, currently estimated at $250,250, unless said cost has been previously paid. E. Physical Features: 1. Canals/Ditches Irrigation: The Fivemile Creek runs along the north boundary and the Fivemile Creek feeder/McFadden Drain runs along the south boundary of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: A small portion of this site along the north property boundary lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Medium Density Residential (MDR). The MDR designation allows for the development of smaller lots for residential purposes within the City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The applicant proposes to develop this 62+ acre site with 215 single-family residential detached homes at a gross density of 3.43 dwelling units per acre (d.u./acre) and a net density of 5.21 d.u./acre, which is within the density desired in MDR designated areas, although at the low end. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development will contribute to the range of housing opportunities available in the City. Staff is unaware of how “affordable” the homes will be in this development. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Only one access point is proposed via N. McDermott Road, an arterial street. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11-3G-3E and within the street buffer along N. McDermott Road in accord with the standards listed in UDC 11-3B-7C. Fencing is proposed along the boundary of the site and within the development in accord with the standards listed in UDC 11-3A-7. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 5 “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential development should be compatible with existing and future adjacent residential uses. “Require common area in all subdivisions.” (3.07.02F) The UDC (11-3G-2) requires common open space and site amenities to be provided for developments of 5 acres or more. Because the plat consists of 62+ acres, a minimum of 6.3 acres of qualified open space is required to be provided within this development. “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) Transitional densities are proposed with larger lot sizes along the south and east boundaries of the site adjacent to rural residential uses, although approximately 4 lots still abut each of the abutting rural lots. Staff recommends more of a transition in lot sizes is provided at the southwest corner of the site (i.e. Lots 1-10, Block 5) to the Weaver rural residential parcel (#S0433234140) consistent with those depicted along the east side of the Weaver property. The FLUM designation for the adjacent properties to the east and south is medium density residential so future redevelopment should be consistent density-wise with the proposed development. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) There are no pathway stubs from this site to adjacent properties for future extension and interconnectivity. However, there are sidewalks along proposed stub streets to adjacent properties to the north, east and south that will provide pedestrian interconnectivity with adjacent developments. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There is one stub from The Oaks Subdivision to this property from the north that is proposed to be extended across the creek with this development and several others to the east and south for future interconnectivity between developments. COMPASS: A checklist has been received from Community Planning Association of Southwest Idaho (COMPASS) that determines consistency of the proposed project with the goals of Communities in Motion 2040, the regional long-range transportation plan for Ada and Canyon Counties. The complete results of the checklist can be accessed in the project file for this development. The checklist identifies 5 items that meet the goals of the plan and 16 items that do not. The summary in the checklist states that the proposed project exceeds forecasted growth in the neighborhood and area and that infrastructure may not be able to support additional transportation needs without improvements or demand management strategies. It also states that this location is ideal for a transit stop for future Employer Express Service and recommends the applicant work with Valley Regional Transit on transit stop amenities. EXHIBIT A Aegean Subdivision – AZ, PP H-2017-0114 PAGE 6 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are a principally permitted use in the R-4 and R-8 zoning districts. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 and 11-2A-6 for the R-4 & R-8 zoning districts respectively. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 65.31 acres of land with R-4 (28.81 acres) and R-8 (36.5) zoning districts. The property is proposed to develop with 215 new single-family residential detached homes at a gross density of 3.43 units per acre, which is consistent with the MDR FLUM designation for the site. A development plan was submitted with the concurrent preliminary plat application (see Exhibit A). The legal description submitted with the application, included in Exhibit C, 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 unle ss 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 - EXHIBIT A - 27 - 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 services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing 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 - 28 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 60 PROJECT NUMBER: H-2017-0104 ITEM TITLE: Movado Greens Sub Findings of Fact, Conclusions of Law 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 MEETING NOTES -, X; Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0104 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for A preliminary plat consisting of 96 single-family residential lots, 7 common lots and 6 commercial lots plus one (1) multi-family lot on approximately 24.23 acres in the proposed R-15 and existing C-G zoning districts; A rezone of approximately 11.08 acres of land from the C-G to the R-15 zoning district; A Development agreement modification to incorporate the 96 residential lots and 7 common lots into the existing DA for Movado Estates Subdivision (Instrument # 2017-012608); A development agreement modification to reduce the total acreage of the Silverstone Apartments site and to reduce the number of apartment units (Instrument # 2017- 076698); A conditional use permit modification to reduce the acreage of the apartment project, to reduce the number of units, and to modify the proposed amenities and other specific changes to the previously approved with the Silverstone Apartment project (H-2016-0060), by DevCo, LLC Case No(s). H-2017-0104 For the City Council Hearing Date of: November 28, 2017 and December 5, 2017 (Findings on December 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0104 - 2 - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 28, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 28, 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 Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0104 - 3 - Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to tw o (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). 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 t he 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 November 28, 2017 By action of the City Council at its regular meeting held on the M -P-7 day of l/�V 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk Copy served upon Applicant, Conununity Development Department, Public Works Department and City Attorney. By: l Dated: Ci y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0104 - 4 - Y`' VOTED VOTED VOTED VOTED yi!� VOTED \Z4 VOTED t�wl VOTED Attest: City Clerk Copy served upon Applicant, Conununity Development Department, Public Works Department and City Attorney. By: l Dated: Ci y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0104 - 4 - Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 1 STAFF REPORT HEARING DATE: November 28, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Movado Greens Subdivision - H-2017-0104 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, proposes the following applications: A preliminary plat consisting of 96 single-family residential lots, 7 common lots and 6 commercial lots plus one (1) multi-family lot on approximately 24.23 acres in the proposed R-15 and existing C-G zoning districts. A rezone of approximately 11.08 acres of land from the C-G to the R-15 zoning district. A Development agreement modification to incorporate the 96 residential lots and 7 common lots into the existing DA for Movado Estates Subdivision (Instrument # 2017-012608). A development agreement modification to reduce the total acreage of the Silverstone Apartments site and to reduce the number of apartment units (Instrument # 2017-076698). A conditional use permit modification to reduce the acreage of the apartment project, to reduce the number of units, and to modify the proposed amenities and other specific changes to the previously approved with the Silverstone Apartment project (H-2016-0060). II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP, MDA (2), and MCU based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on October 19, 2017. At the public hearing on October 19, 2017, the Commission moved to recommend approval of the subject RZ, PP MDA (2) and MCU requests. a. 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 b. Key issue(s) of Public Testimony: i. None c. 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; Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 2 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; d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 5, 2017. At the public hearing, the Council approved the subject RZ, PP MDA (2) and MCU requests. a. Summary of City Council Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: Jason Attinger, Fred Thompson, Ron Pascal, Sue Perly, Oliver Pearly, Bonnie Brousard, Nancy Bourdeaux, John Boudreaux, Lorraine Anderson, Kathy Hossler, Jennifer Jenks, Janis Glenn, Gary Glenn, Arnold Hendrick, Ann Barnes, Pam Judy, Joann St. Charles, Robert Norton, Eric Gabrielson, Carol Gabrielson, Cathy Valenti, Bill Coddle, Gary Van Ackern, Katherine Porter, Robert Nelson, Paul Hosford, Bonnie Carter, Clayton Carter, Gail Stocking, Damia Thompson, Amy Parker, Dudley Parker, Bryce Hergert, Brad Fitt, Kim Moody, Donna Taylor, Gary Taylor, iii. Commenting: Jason Attinger, Fred Thompson, Bonnie Brousard, Nancy Bordeaux, John Boudreaux, Jennifer Jenks, Arnold Hendrick, Cathy Valenti, Gary Van Ackern, Bonnie Carter, Clayton Carter, Bryce Hergert, Lee Coulson, Justin Lucas, Jeff Vansickel, Damon Thompson, Kathy Hosford, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Traffic Concerns ii. Desire to have a direct connection to Cloverdale Road for the Movado Estates project. iii. Concerns bout notifications to the surrounding neighbors and how those notifications go out and to whom. iv. Concerns about getting kids to the elementary school on the east side of Cloverdale and how the increased traffic will make this less safe. c. Key Issues of Discussion by Council: i. Concerns about the apparent lack of information at neighborhood meetings. ii. How will the phasing work? iii. Question on the number and type of amenities. iv. Concerns over how long it has been since the traffic study was done. d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0104, as presented in the staff report for the hearing date of October 19, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 3 Number H-2017-0104, as presented during the hearing on October 19, 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.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road in the NE ¼ of Section 21, Township 3N., Range 1E. B. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83706 C. Owner: William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 D. Representative: Conger Management Group 4824 W. Fairview Avenue Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat, development agreement modification (2), and a conditional use permit modification. A public hearing is required before the Planning and Zoning Commission and City Council on the subject applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 29, 2017 (Commission), November 10, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: September 25, 2017 (Commission), November 2, 2017 (Council) D. Applicant posted notice on site(s) on: October 9, 2017 (Commission), November 17, 2017 (Council) VI. LAND USE A. Existing Land Use(s): The site consists of a vacant agricultural land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 and RUT in Ada County 2. East: Commercial property, zoned R-1B in Boise Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 4 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 C. History of Previous 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. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road, and recently installed in S. Movado Way. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland , and recently installed in S. Movado Way. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of the property lies within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed-Use Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. As part of that application, a concept plan was submitted. (See Exhibit A.5) The applicant proposes to develop this site with a mix of residential uses (single family detached, commercial pad sites and multi-family residential) consisting of 96 single-family residential lots, 112 apartment units and 6 commercial lots. The structures will be a mix of attached and detached single- family residential homes and multi-family structures. The commercial structures are not proposed with this application. The project will have a gross density of 8.78 dwelling units per acre (d.u./acre) and a net density of 11.49 d.u./acre. The proposed density falls within the density range (6 to 40 units/acre) desired in MU-R designated areas. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 5 The applicant shall provide a revised annexation boundary that includes the area along Overland Road prior to the City Council hearing. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed single-family attached, detached and multi-family dwellings will contribute to the variety of housing types available within the City. Staff is unaware of how “affordable” the units will be. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 17.84 acres (or 13.27%) of qualified open space in accord with the requirements listed in UDC11-3G-3.The multi-family development is required to provide its own open space and amenities. The 96 single-family lots will be rolled into the existing Movado Estates subdivision and these residents will have the rights to use the open space and amenities approved with the previous subdivision. “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point to W. Overland Road for the apartment project, an emergency access for the Movado Greens development through the Silverstone Apartments project and one access from the Movado Greens project out to S. Movado Way. The applicant will need Council waiver for the access point to the apartments in accord with UDC 11-3A-3. “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to E. Overland Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7C respectively. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to the Silverstone Business Park, nearby shopping centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for providing higher density housing options. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 6 “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed multi-family development is located in close proximity to major access thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The existing rural residential properties to the north are across a major arterial roadway and should not be impacted by the proposed multi-family development or the future commercial development on the south side of Overland Road. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on the multi-family site as shown on the landscape plan attached in Exhibit A.3. “Adopt land use designations that will allow for housing opportunities for all income levels.” (3.07.01D) Few of the major employment areas within the City are adequately supported with enough housing options. Density near employment centers allow for workforce housing and promote community resiliency, potentially reducing commute times and expenses, and allowing for increased community and economic engagement. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscape buffer is required along E. Overland Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete str eets.” (3.07.02B) Curb, gutter and sidewalks already exist along E. Overland Road. Portions between the curb and the sidewalk are improved with gravel. With the development of the multi-family project, the applicant should replace the existing gravel with vegetative groundcover in accord with UDC 11-3B-7C. For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Purpose Statement of Zone (R-15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Purpose Statement of Zone (C-G): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 7 accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-15 zoning district, and table 11-2B-2 lists the permitted, accessory, conditional and prohibited uses in the C-G zoning district. The proposed single-family development is listed as a permitted use in the R-15 zoning districts and multi- family residential is listed as a conditional use in the C-G zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC Table 11-2B-3 for the C-G district applies to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of the site. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3 for the single-family portion of the site and UDC 11-4-3-27C and 11-4-3-27D for the multi-family portion of the site. F. Administrative Design Review: Single-family attached homes, multi-family structures and commercial structures are required to apply for administrative design review prior to approval of a building permit. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone (RZ) 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. As discussed above in Section VII, 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 . The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. 2. Conditional Use Permit Modification (MCU) 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 100’ 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 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 8 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 (see site plan in Exhibit A.5). The applicant shall show on both the plat and the Silverstone Apartments site plan the Idaho Power easement that exists along Overland Road. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The patios proposed with the submitted floor plans do not comply with the required 80 s.f. of private open space per unit. At the time of Certificate of Zoning Compliance submittal, the applicant shall revise the floor plans to meet this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The submitted site plan shows the property management office, and mailbox location. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map and maintenance storage area. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. 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. For multi-family developments with more than one hundred (100) units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 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. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 9 least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Overland Road. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application or prior to issuance of Certificate of Occupancy at the latest. Two (2) Development Agreement Modifications (MDA) 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. The revised legal descriptions and exhibit maps in Exhibit C depict which properties will be governed with each amended DA. The specifics of each request are provided below. A request to modify the existing development agreement for Silverstone Apartments (instrument # 2017-076698) is proposed to reduce the acreage of the Silverstone Apartments from 14.41 acres to 5.7 acres; to reduce the number of units from 312 to 112 and to submit a revised site plan and amenity package for the project. Staff has reviewed the terms of the previous development agreement to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: 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 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 10 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. a. A request to modify the existing development agreement for Movado Estates Subdivision (2017-012608) is proposed to incorporate the Movado Greens Subdivision, consisting of 96 residential lots and 7 common lots into the existing development agreement. Staff has reviewed the terms of the previous development agreement to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: 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. 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. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 11 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. 3. Preliminary Plat (PP) 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. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3, Table 11-2A-7 for the R-15 and Table 11-2B-3 for the C-G zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. 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. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and has found it to be in compliance with the aforementioned standards. Common Drives: There is one common driveway proposed. The applicant is proposing Lots 36- 39 of Block 1, to take access from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. Emergency Access: Lot 26, Block 1 shall be used as an emergency access and shall have bollards placed on both sides of the lot to restrict vehicle access. The applicant shall construct a micro-path on Lot 26, Block 1 to provide a pedestrian connection between the proposed Silverstone Apartments and the proposed Movado Greens Subdivision. Access: 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 Co nditional 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. If the multi-family development is constructed after the single-family development, the applicant will need to work with the Fire and Police Departments to ensure that adequate emergency access is provided. Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11- 2A-7 and 11-2B-3 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. Fencing: The landscape plan proposes a variety of fence heights and materials. All of the proposed fencing shall comply with the requirements of UDC 11-3A-7. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 12 or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the first phase of this development. The applicant is also proposing an attached sidewalk throughout the subdivision. Landscaping, Open Space and Amenities: The applicant is proposing .83 acres (7.60%) of open space for the development. As noted above, 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. There is limited visibility on the Lot 46, Block 1, which is designated as a common lot. Staff recommends that any fencing around this lot be constructed as open vision fencing in order to increase visibility through this lot. UDC 11-3A-7 requires that common lots be visible from all public streets. In this case there is very little street frontage. Staff feels that requiring open vision fencing in this case will increase visibility through the common lot that might not otherwise be possible with the other fencing options available. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A- 12B. 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. (see Exhibit A.4). The applicant did not provide elevations of the carports. With submittal of the certificate of zoning compliance, the applicant shall submit the elevation of the carport structures. 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. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 13 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, included in Exhibit A.4. Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents. Single-family 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. Future structures built on the site are required to comply with the City’s design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review (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. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 7/28/17) 3. Landscape Plan (dated: 7/12/17 and 7/5/17) 4. Conceptual Building Elevations 5. Conceptual Development Plan Approved with Silverstone Apartments 6. Previous Conceptual Development Plan for the Silverstone Apartments 7. Proposed Amended Development Agreements as Recommended by Staff B. Agency Comments/Conditions of Approval C. Legal Description and Exhibit Map for Proposed Rezone, MDA (2) and Subdivision Boundary D. Required Findings from Unified Development Code Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 14 Exhibit A.1: Vicinity Map Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 15 Exhibit A.2: Preliminary Plat (dated: 7/28/17) Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 16 Exhibit A.3: Landscape Plan (dated: 7/12/17 and 7/5/17) Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 17 Exhibit A.4: Conceptual Building Elevations Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 18 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 19 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 20 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 21 Exhibit A.5: Conceptual Development Plan Approved with Silverstone Apartments Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 22 Exhibit A.6: Previous Conceptual Development Plan for the Silverstone Apartments Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 23 Exhibit A.7: Proposed Amended Development Agreements as Recommended by Staff 1. Silverstone Apartments DA 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. 2. Movado Estates Subdivision amended DA provisions: 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. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 24 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. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 25 B. Agency Comments/Conditions 1. PLANNING DIVISION Site Specific Conditions of Approval for the MCU 1.1.1 With submittal of the certificate of zoning compliance, the applicant shall submit the elevation of the carport structures. 1.1.2 The applicant shall provide at a minimum 0.83 (7.60%) of an acre of open space for the Movado Greens Subdivision; shall provide the three (3) amenities as proposed (sports court, walking path and play structure). The applicant shall also provide at least one amenity from the open space category and then one additional qualified amenities of their choice. The applicant shall also provide 54,200 square feet of open space (1.24 acres). Site Specific Conditions of Approval for the RZ, MDA’s (2) and PP 1.1.3 The applicant shall comply with all previous conditions of approval with the Silverstone Apartments and Movado Estates Subdivision. 1.1.4 The preliminary plat, dated 7/28/17, is approved with the following changes: a. With submission of the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access to a common driveway. b. A DES application is required to be submitted prior to issuance of building permits for the single-family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and modulation for each building. The applicant must comply with the design standards in the Architectural Standards Manual. c. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map and maintenance storage area. d. At the time of certificate of zoning compliance, the applicant shall provide a copy of the recorded, legally binding documents that state the maintenance and ownership responsibilities for the management of the developments, including, but not limited to, structures, parking, common areas, and other development features. e. A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that shall be removed and the area vegetated with the first phase of this development. 1.1.4 The landscape plan included in Exhibit A.3, dated 7/12/17, shall be revised as follows: a. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. b. A 35 foot wide landscape buffer is required along E. Overland Road. The landscape buffers shall be constructed in accord with UDC 11-3B-7. c. Any fencing constructed around Lot 46, Block 1 shall be constructed as open vision fencing in order to increase visibility through this lot. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 26 1.1.5 At the time of Certificate of Zoning Compliance submittal, the applicant shall submit floor plans for the apartment buildings that demonstrate compliance with UDC11-4-3-27; specifically the requirement for 80 square feet of private open space per multi-family unit. 1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C. 1.1.7 The applicant shall show on both the plat and the Silverstone Apartments site plan the Idaho Power easement that exists along Overland Road. 1.1.8 Provide a revised legal description for the commercial lots to be added to the Silverstone DA. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 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. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 27 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Each of the areas of the preliminary plat will need to be evaluated independently for water and sewer serviceability unless they all are platted and developed together. 2.1.2 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2.2 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. 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 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 28 review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All 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 11-1-4B. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 29 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 30 3.2 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. 3.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 3.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.13 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 31 Section A5.2.18. 3.18 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 32 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson@republicservices.com to obtain approval of the dumpster locations on the single- family residential portion of the site. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate right-of-way to total 62-feet from the centerline of Overland Road abutting the site. 7.1.2 Replace deteriorated or broken portions of curb, gutter, and sidewalk on Overland Road abutting the site. 7.1.3 Construct the entry portion of Gala Street, with a 10-foot wide center landscape island with two 21-foot wide travel lanes on either side with vertical curb, an 8-foot wide planter strips, and 5- foot wide detached concrete sidewalks. The dedicated right-of-way shall extend 2-feet behind the back of curb. Provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way. 7.1.4 Plat the center landscape island on the entry portion of Gala Street, as right-of-way owned by ACHD. The applicant or owners association shall enter into a license agreement for any landscaping proposed within the island. 7.1.5 West of the center landscape island construct Gala Street as 33-foot wide local street sections with rolled curb, gutter, an 8-foot wide planter strip, and 5-foot wide detached concrete sidewalks. The dedicated right-of-way shall extend 2-feet behind the back of curb. Provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way. 7.1.6 The applicant has proposed to construct all other internal local streets as 29-foot wide local street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks. The dedicated right-of-way shall extend 2-feet behind the back of the sidewalk. Sign one side of the 29-foot wide street sections for “NO PARKING”. 7.1.7 Provide written fire department approval for use of the reduced street sections. 7.1.8 Construct Gala Street to intersect Movado Way, located 680-feet south of Overland Road, as proposed. 7.1.9 Reconstruct the existing 40-foot wide driveway onto Overland Road which is aligned centerline to centerline with Rolling Hills Drive as a curb return driveway with 30-foot radii. This driveway is a temporary full access driveway and may be restricted to right-in/right-out in the future. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Overland Road. 7.1.10 Close the existing 40-foot wide driveway on Overland Road located 120-feet east of Movado Way with vertical curb, gutter, and 7-foot wide attached concrete sidewalk to match the existing improvements on either side. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 33 7.1.11 Construct one 24-foot wide temporary full access driveway onto the west side of Movado Way, located 175-feet south of Overland Road. Construct the driveway as a curb return type driveway with 30-foot radii. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of Movado Way. 7.1.12 Construct one 30-foot wide temporary full access driveway onto the east side of Movado Way, located 175-feet south of Overland Road. Construct the driveway as a curb return type driveway with 30-foot radii. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of Movado Way. 7.1.13 Construct one 30-foot wide temporary full access driveway onto the east side of Movado Way, located 355-feet south of Overland Road. Construct the driveway as a curb return type driveways with 30-foot radii. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of Movado Way. 7.1.14 Direct lot access to Overland Road and Movado Way is prohibited and shall be noted on the final plat. 7.1.15 Payment of impact fees is due prior to issuance of a building permit. 7.1.16 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 34 Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 35 C. Legal Description and Exhibit Map for Proposed Rezone, MDA (2) and Subdivision Boundary 1. Rezone Boundary and Movado Estates Sub MDA Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 36 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 37 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 38 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 39 2. Movado Greens Subdivision Boundary Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 40 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 41 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 42 3. Silverstone Apartments MCU and MDA Boundary Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 43 Exhibit A Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 44 D. Required Findings from Unified Development Code 1. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone a portion of the subject property to the R-15 zoning district consistent with the Mixed-Use Regional land use designation. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-15 zoning district is generally consistent with the purpose statement of the district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. 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; Council finds that the proposed plat with 96 building lots and 7 commercial lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Exhibit A Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considered any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council references any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposed multi-family residential use in the C-G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the general design, construction, operation and maintenance of the multi- family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. Council consider any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Exhibit A Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Council references any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6P PROJECT NUMBER: H-2017-0117 ITEM TITLE: Rapid Creek Subdivision Findings of Fact, Conclusions of Law for Rapid Creek Subdivision (H-2017-0117) by WHPacific located near the Southwest Corner of W. McMillan Road and N. Black Cat Road MEETING NOTES V 6 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0117 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for annexation and zoning (AZ) of 21.02 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 93 building lots and 11 common lots on 21.02 acres of land for Rapid Creek Subdivision, by WHPacific Case No(s). H-2017-0117 For the City Council Hearing Date of: December 5, 2017 (Findings on December 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 28, 2017, incorporated by reference. The conditions are concluded to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0117 - 2 - be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 5, 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 Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0117 - 3 - 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 December 5, 2017 By action of the City Council at its regular meeting held on the / day of 2017. XPI COUNCIL PRESIDENT KEITH BIRD VOTED A-ZI COUNCIL VICE PRESIDENT JOE BORTON VOTED 4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Z� COUNCIL MEMBER TY PALMER VOTED !C4 COUNCIL MEMBER LUKE CAVENER VOTED 1X4 COUNCIL MEMBER GENESIS MILAM VOTED ,Ai MAYOR TAMMY de WEERD VOTED (TIE BREAKER) O�QORpXED gUG�sT z , Mayor ToWldeerd ilY of o E IDIAN. Attest: o�M, C. 4ay Co City Clerk Copy seived upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Chaih go Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0117 - 4 - Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 1 STAFF REPORT Hearing Date: December 5, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rapid Creek Subdivision – AZ, PP (H-2017-0117) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, WHPacific, has submitted an application for annexation and zoning (AZ) of 21.02 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 93 building lots and 11 common lots on 21.02 acres of land for Rapid Creek 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, October 5, 2017 and November 2, 2017. At the public hearing, the Commission moved to recommend approval of the subject annexation and zoning and preliminary plat requests. a. 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 b. 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. c. 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. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 5, 2017. At the public hearing, the Council approved the subject AZ, and PP requests. a. Summary of City Council Public Hearing: Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 2 i. In favor: Jane Suggs (applicant’s representative), Linda Harger, Curtis Ellis, David Lebree ii. In opposition: Carolyn Taylor, Virgil Ivy, John Tessin, Bev Tessin, Glen Crispin, iii. Commenting: Carolyn Taylor, Virgil Ivy, John Tessin, Linda Harger, iv. Written testimony: James Reed v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. A desire for the development to provide more useable open space. ii. A desire to preserve the pond for the wildlife that use it. iii. Concerns about increased traffic through the adjacent neighborhoods. c. Key Issues of Discussion by Council: i. Discussion about how wetlands are designated ii. Discussion on how the project will address the high groundwater in the area. di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0117, as presented in the staff report for the hearing date of September 21, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0117, as presented during the hearing on September 21, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0117 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4435, 4323, 4145 N. Black Cat Road, in the NE ¼ of Section 33, Township 4 North, Range 1 West. B. Owner: Viper Investments, LLC 1977 E. Overland Road Meridian, Idaho 83646 C. Applicant/Representatives: Jane Suggs, WHPacific 2141 Airport Way, Suite 104 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 3 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); November 17, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2017 (Commission); November 13, 2017 (Council) D. Applicant posted notice on site(s) on: September 11, 2017 (Commission); November 22, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Oakcreek Subdivision No. 3, zoned R-8 2. East: Rural residential property, zoned RUT in Ada County 3. South: Rural residential property, zoned RUT in Ada County. 4. West: The Oaks South Subdivision No. 4, zoned R-4. C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist in N. Oakstone Avenue. 2. Location of water: Water mains intended to provide service to the proposed development currently exist in N. Oakstone Avenue, and N. Black Cat Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Fivemile Creek traverses along the southern boundary of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The applicant proposes to develop the site with 93 single-family residential lots. The gross density of the proposed plat is 4.42 d.u. per acre with a net density of 7.65 d.u. per acre, which falls within the target density of the MDR designation. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-8 and R-4, and this would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan. Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 4 Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed single-family detached dwellings will contribute to the variety of housing types available within the City. Staff is not aware of the price range of the dwellings/lots. “Require that development projects have planned for the provision of all public services.” (6.02.01B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property. “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 2.98 acres (or 14.2%) of qualified open space in accord with the requirements listed in UDC11-3G-3. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The extension of N. Oakstone Avenue will provide an extension of the sidewalk from the existing Oakcreek Subdivision on the north. “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point to N. Black Cat Road as well as the extension of one stub street on the north boundary (from Oak Creek No. 3). “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to N. Black Cat Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for subdivision signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7C respectively. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial, industrial and residential areas.”(5.01.01E) The applicant is proposing to leave the Five Mile Creek open, to provide fencing, to install landscaping, and construct a regional pathway. “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) The subject property is contiguous to existing City limits and within the City’s Area of Impact; urban services are available to be extended to the site. Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 5 “Require new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties.” (3.05.02G) Perimeter fencing exists along the north boundary of the site and is proposed along the west boundary of the site. The applicant will be required to install perimeter fencing where none currently exists as well as to install construction fencing to prevent debris from leaving the site during construction. For the above stated reasons, staff is of the opinion the proposed subdivision is generally consistent with the Comprehensive Plan. 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 and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the residential districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping shall be installed in accordance with the standards listed in UDC 11- 3G-3E. 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 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 R-8 zoning is consistent with the Comprehensive Plan. 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 93 building lots and 11 common lots on 21.02 acres of land in a proposed R-8 zoning district (see Exhibit A.2). Lots range in size from 4,060 to 9,981 square feet Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 6 (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 in Exhibit A.2. Existing Structures: There several existing homes and accessory structures on this site that are proposed to be removed; removal should take place prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 district. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found that Block 1 exceeds the maximum block length allowed of 750 feet. However, a block is allowed to extend up to 1,000 feet when a pathway connection is proposed. The proposed Block 1 includes a pathway within that 1,000 feet. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed for this site via the extension of an existing stub street, N. Oakstone Avenue, at the north boundary of the site from Oak Creek Subdivision; and from a proposed connection to N. Black Cat Road. Except for N. Belltower Drive, access to N. Black Cat Road should be prohibited; place a note on the final plat. A Traffic Impact Study (TIS) was not required by ACHD. A staff report has not yet been received from ACHD. Streets: All of the proposed streets depicted on the plat are public. Most of the streets are 33-feet wide. However, W. Rapid Creek Street is only 24-feet wide and does not include sidewalks. West Rapid Creek Street essentially serves as an alley for the mew lots. An existing stub street is proposed to be extended into the site from Oak Creek Subdivision to the north. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D.There are 2 common driveway proposed on the site for access to residential lots. Staff has reviewed the lots for compliance with dimensional standards and found that both lots meet the standards of the UDC. Unless limited by a significant geographical feature, or separated by a minimum 5-foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. A note should be placed on the final plat stating which lots are required to take access via the common driveways. The setbacks, building envelope, and orientation of the lots and structures are required to be shown as an exhibit with the final plat application. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted. Staff is supportive of the landscape plan shown in Exhibit A.3. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 7 Tree Mitigation: If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (21.02 acres), 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: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (21.02 acres), 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. A detail of the play equipment for the tot lot should be submitted with the final plat application. Pathways: Pathways should comply with the standards listed in UDC 11-3A-8 and 11-3B-12C. Consistent with the Parks Department Pathways Master Plan, a 14-foot wide pathway is proposed within the irrigation easement that runs along the north side of the Five Mile Creek. Staff is supportive of the pathway along the Five Mile Creek but is concerned about crossing Black Cat Road mid-block. Therefore, 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. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide attached sidewalks along internal local streets, except W. Rapid Creek Street. 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. 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 in seepage beds in accord with ACHD requirements. 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. Note: Five Mile Creek was left open to the west of this site in Oak Creek Subdivision. Floodplain: This property lies within the Meridian Floodplain Overlay District. 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 Exhibit A Rapid Creek Subdivision – AZ, PP H-2017-0117 PAGE 8 a mix of horizontal and vertical lap and shake siding with stone/brick accents and asphalt shingles. Future homes on this property should substantially comply with the submitted elevations. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. A mix of 6-foot tall vinyl and 4-foot tall vinyl is proposed throughout the project. Fencing is required adjacent to all micropath connections to distinguish common from private areas, per UDC 11-3A-7A.7. Fencing details should be included with the final plat landscape plan. Fencing on lots on Rapid Creek Street shall comply with the alley fencing standards of the UDC. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 08/03/17) 3. Proposed Landscape Plan (dated: 07/01/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code A. Drawings 1. Vicinity/Zoning Map Exhibit A - 2 - Exhibit A - 3 - 2. Proposed Preliminary Plat (dated: 08/03/17) Exhibit A - 4 - 3. Proposed Landscape Plan (dated: 07/01/17) Exhibit A - 5 - Exhibit A - 6 - 4. Conceptual Building Elevations Exhibit A - 7 - Exhibit A - 8 - Exhibit A - 9 - Exhibit A - 10 - 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan and building elevations depicted in Exhibit A and the conditions noted in the staff report. b. The developer shall provide a minimum of 2.98 acres of qualified open space within the development as proposed per the standards listed in UDC 11-3G-3B. c. Based on the area of the preliminary plat (21.02 acres), a minimum of 2 qualified site amenities shall be provided. The applicant shall provide a tot lot, a half-court basketball court and a section of the City’s regional pathway, as proposed. d. The preliminary plat included in Exhibit A.2, dated 08/03/17, is approved. Common driveways are required to comply with the standards listed in UDC 11-6C-3D. e. Properties that abut a common driveway shall take access from the driveway unless a significant geographical feature exists or is separated by a minimum 5-foot wide landscaped common lot. A note should be placed on the plat stating which lots are required to take access via the common driveways. The setbacks, building envelope, and orientation of the lots and structures accessed by a common driveway are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. 1.1.2 The landscape plan included in Exhibit A.3, dated 07/01/17, shall be revised as follows: a. Extend the multi-use pathway from the Five Mile Creek, north along N. Black Cat Road to the intersection of W. Belltower Drive. 1.1.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. Fencing for lots along Rapid Creek Street shall be subject to alley fencing of the UDC. 1.1.4 The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.5 Provide a tot lot, a half-court basketball court and a section of the City’s regional multi-use pathway on 2.98 acres (or 14.2%) of qualified open space. Landscaping is required adjacent to the multi-use pathway along the north side of the Five Mile Creek in accord with the standards listed in UDC 11-3B-12C and UDC 11-3A-8. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. 1.16 Except for N. Belltower Drive, access to N. Black Cat Road shall be prohibited; place a note on the final plat. 1.17 Leave the Ten Mile Creek open as a natural amenity. Exhibit A - 11 - 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.11 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. 1.2.12 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. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Exhibit A - 12 - 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The applicant currently has proposed to provide sewer service to the entire development via the existing stub into the property in N. Oakstone Avenue. Due to the depth of the existing stub, the applicants design would necessitate a mainline crossing through the common area in the middle of Block 3. Applicant shall be required to redesign the routing of the sewer to utilize the existing sewer trunk line in N. Black Cat Road, and possibly also the stub in N. Oakstone Avenue to avoid crossings through common areas and excessive filling. 2.1.2 This project does impact the regulated floodplain of Five Mile Creek. Applicant shall be required to conduct a hydraulic analysis to define the floodway. 2.1.3 The applicant has engaged the services of Site Consulting, LLC to perform their geotechnical investigation and to make recommendations for development. Several issues have come to light that will need to carefully monitored and adhered to, including but not limited to: a. Cattle were previously buried on this property. The extent of this animal graveyard is to be determined and removed during site clearing operations b. Existing building structures are to be demolished. All existing wells and septic systems shall be abandoned per the requirements of the IDEQ and IDWR. c. It is anticipated that ground water is at approximately two-feet below the surface as measured in the on-site monitoring wells. It may be necessary to substantially fill the subject property to increase the clearance above high static ground water. Applicant has indicated that they will be constructing slab on grade foundations in lieu of the traditional crawl space foundations to address this concern. It has been reported that additional test well monitoring data has been collected since the July 2017 report date. This new data will need to be submitted to the Community Development Department with the submittal of development construction plans. Exhibit A - 13 - d. The site currently has an existing pond in the northwesterly region of the property, and it is reported that another pond was previously present on the south parcel, near the center of the south property line. e. All excavations caused by demolition, removal of animal carcasses, grubbing of ditches or the existing ponds are to be backfilled with structural fill. f. All areas receiving structural fill will need to be inspected and tested per the recommendations of Site Consulting, LLC. Inspection/test results will need to be submitted to the Meridian Building Section prior to the development being released for building permits. 2.1.4 The applicant has submitted information indicating that the existing pond noted in Site Specific Condition 2.1.3d above, has been identified as having a “wet signature” that could possibly indicate a wetlands area as defined by the Army Corps. of Engineers. The applicant has engaged the services of a third party wetlands consultant to conduct a Wetland Delineation Study to outline the specific wetland area, and to determine if the specific area can be avoided, protected or mitigated. 2.1.5 Applicant shall design the sanitary sewer and water systems so that no mainlines are extended into the Lot 11or Lot 37, Block 1. Service lines will need to be extended from the mains in the public roadways. 2.1.6 The water main in W. Rapid Creek Street shall connect to the water main in N. Maplestone Avenue. 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, Exhibit A - 14 - the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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 Exhibit A - 15 - accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 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 Exhibit A - 16 - turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a tu rning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 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. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Trash from the homes located on common driveways shall be brought to the curb for pick-up. 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-10C.5. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. Exhibit A - 17 - C. Legal Description & Exhibit Map for Annexation Boundary Exhibit A - 18 - Exhibit A - 19 - 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 is proposing to annex the subject 21.02 acre property with an R-8 zoning district and develop 93 new single-family residential homes. Council finds that the proposed development and map amendment will comply with the Comprehensive Plan if City Council approves the Applicant’s request for a “step up” in density. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-8 zoning district 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; 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 applicant. The Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds annexing this property with an 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; Council finds that the proposed single-family residential development will be in conformance with the Comprehensive plan. Council finds the proposed transportation plan is in conformance with the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services 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 - 20 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6Q PROJECT NUMBER: ITEM TITLE: Development Agreement for Village Apartments (AZ 15-011, MDA 15-012) with GFI - Meridian Investments, LLC MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Phil McGrane 2022-065403 BOISE IDAHO Pgs=60 BONNIE OBERBILLIG 07/21/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D.Rich 2017-121321 BOISE IDAHO Pgs=12 VICTORIA BAILEY 12/20/2017 09:34 AM CITY OF MERIDIAN, IDAHO NO FEE Re-record to correct scrivener errors and document completeness DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this jL day of 'a Q, Q WhV1L , 20 1 q, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GFI — Meridian Investments, LLC, whose address is 74 East 500 South, Suite 200, Bountiful, UT 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada,State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in frill, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A 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 0.38 acres of land from the RUT zoning district in Ada County to the C-G (General Retail and Service Commercial)zoning district(as described in Exhibit"A"),under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer has also submitted an application to modify existing Development Agreement Instrument # 104129529 to remove the property described in Exhibit "B" from said Development Agreement and requested it be bound with the terms and conditions of this Agreement. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the PAGE 1 OF 8 DEVELOPMEN'r AGREEMENT—VILLAGE APARTMENTS(AZ 15-01 I,MDA 15-012) Re-record to correct scrivener errors and document completeness DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this_[ day of 'p p�Q WbQj,� , 20_n, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GFI — Meridian Investments, LLC, whose address is 74 East 500 South, Suite 200, Bountiful, UT 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in frill, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-6511 A 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 0.38 acres of land from the RUT zoning district in Ada County to the C-G (General Retail and Service Commercial)zoning district(as described in Exhibit"A"),under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer has also submitted an application to modify existing Development Agreement Instrument # 104129529 to remove the property described in Exhibit "B" from said Development Agreement and requested it be bound with the terms and conditions of this Agreement. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the PAGE 1 OF 8 DEVELOPMEN'r AGREEMENT-VILLAGE APARTMENTS(AZ 15-01 I,MDA 15-012) Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.7 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 2nd day of February,2016 1.8 WHEREAS, on the 8"' day of December, 2015,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"C"; and 1.9 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.10 WHEREAS,Owner/Developer deems it to be in its bestinterestto be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.11 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 April 19, 2011,Resolution No. 11-784, 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 governunent 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 GFI—Meridian Investments, DEVELOPMENT AGREEIVIENr-VILLAGE APARTMENTS(AZ 15-0 11,MDA 15-012) PAGE 2 OF 8 LLC, whose address is 74 East 500 South, Suite 200, Bountiful, UT 84010, the party that is developing said Property and shall include any subsequent developer(s) of the Property. i 3.4 PROPERTY: means and refers to that certain parce](s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned C-G (General Retail and Service Commercial) and the property described in Exhibit"B"that was previously bound by Development Agreement Instrument # 104129529and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.2 No change in the uses specified in this Agreement shall be allowed without r 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. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan,landscape plan and building elevations included in Exhibit A of the Staff Report attached to the Findings of Fact attached hereto as Exhibit "C" and the conditions of approval included in Exhibit B of the Staff Report attached to the Findings of Fact attached hereto as Exhibit"C" c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11-3A-6A. d. A 35-foot wide street buffer is required to be constructed along N. Eagle Road, an entryway corridor,with the second phase (commercial portion) of development; and a 20-foot wide street buffer is required to be constructed along N. Records Avenue, a collector street,with the first phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for each phase. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11- 311-4C. These improvements are required to be constructed with the second phase(commercial portion) of development and prior to issuance of the first Certificate of Occupancy for that portion of the site. f. Upon development of the retail/commercial portion of the property, a 25-foot wide buffer is required to be installed adjacent to the residential uses in DEVELOPMENT'AGREEMENT-VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE 3 OF 8 accord with the standards listed in UDC 11-313-9C,unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and the future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACHD). 6. COMPLIANCE PERIOD: This Agreement must be fully executed within two(2) years after the date of the Findings for the annexation and zoning or it is null and void. 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 DEVELOPMENT'AGREEMENT-VILLAGE APAR'rIVIENTS(AZ 15-01 1,MDA '15-012) PAGE 4 OF 8 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 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 j 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 ofthe 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. Id. 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: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue: DEVELOPMENT AGREEMENT-VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE,5 ol--8 Meridian, Idaho 83642 Meridian, ID 83642 OWNER/DEVELOPER: GFI—Meridian Investments, LLC 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. 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 parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 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. G 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. DEVELOPMENT AGREEMENT-VILLAGE APARTMENTS(AZ 1 S-O 11,MDA 15-012) PAGE,6 or 8 i I Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to 4 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. E 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 K 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 4 connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A,B, and C follow] IL G i ACKNOWLEDGMENTS t IN WITNESS WHEREOF,the parties have herein executed this agreement and made t it effective as hereinabove provided. OWNER/DEVELOPER: c GFI—Meridian Investments, LLC By: 3 i li fe E CITY OF MERIDIAN PORArF ATTEST: o� oq GN o By: Mayor T nr de Weerd ins— S�q °�H Col City Clerk L she TREASUVgk'-- DEVELOI'I rNT AGREEMENT—VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE 7 OF 8 1 STATE OF :kph ) : ss: J County of /� ) On this-L day of eccw�be< 20 I ,before me,the undersigned,a Notary Public in and for said State,personally appeared `�EV�2 Co�4S5F_2 ,known or identified to me to be the l"1 ANA6- E R, of GI+I-Meridian Investments,LLC,and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ���rrtu4lrrlrl�<o f �,>>�'poll (SEAL) w �'° e �pTARY •e ®_ Notary Public • ° m Residing at: ° rID PUBLIC ' My Commission Expires: �f>lllfilfl1i11��1 Z I STATE OF IDAHO ) ss County of Ada ) On thin-/'"( day of nPro nlbLE 20a before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .02, Notary Public for Idaho Residing at:�DJI YI • Commission expires: • ;9 IC •. � IITA�•�• '••Volvo•$ DEVELOPMENT AGREEMENT—VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE OF 8 I EXHIBIT A. Legal Description and Exhibit Map for Proposed Annexation July 28,2015 Legal A parcel of land located in the SW1/4 of the NW1/4 of Section 4,T.3 N., R. 1 E., S.M., City of Meridian,Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 0135'47"West,coincident with the west line of the NW1/4 of said Section 4,a distance of 1517.50 feet to the POINT OF BEGINNING; Thence South 89019'30"East, 185.00 feet; Thence South 01135'47"West,parallel with said west line of the NW1/4 of Section 4, a distance of 90.00 feet; Thence North 89*19'30"West, 186.00 feet to said west line of the NW1/4 of Section 4 a distance 185.00 feet; Thence North 0°35'47"East, coincident with said west line of the NW1/4 of Seet(On 4,a distance of 90.00 feet to the POINT or BEGINNING. The above described parcel contains 0.38 acres more or less. �Rt�NQ earl Porter, PLS Bate End Description a z � o 4F P cc) 4 I I EXHIBIT A 32 33 E. USTICKROAD T.4 N. 5 �4 _.,. . . T.3 N. sw O tx LU M M ri Q N � n N I� 1 t S 89°19'30"E 185.00' LU 0.38 Aa.�E w 9 to OkN!L LA 0 0 N Gay N 89049'30"W 185,00, 14 $Y '' oLU � z 5 4 I W 114 F'ND BRAGS CAP E. RIVER VALLEY ST. �4Ts Prsn��cr: oWr4worvFcop�>3: owca 2i00 N. EAGLE ROAC, BART L.BRYS014 2D$d S.WASf�( ID 83617 ,F�a.. �.., EM11?ETT,117838i7 15665 VILL AGE COMPLEX P:(205 398-8104 PRat cry APN S1 i N-2336`2 F.'(208)398-8105 t5ens ANNEXATION MAP nn7e: WWIN.SAWTOOTHMCOM t oFt i I Village Apartments MDA-1 5-01 1;AZ-15-012;CUP-15-019 PAGE 41 I i i s f r E c s I 142 1 a OF ��RL PO4j�Q EXHIBIT Fj LEGEND ",t--- �R��'-" K; SVU11GAmov1 ...—.1rN WsaA.pMo'+- O mwtrxMl.vmraal Vna III lJ4VS'IKK[iW w f Ayr"cr':,c �pg' •• ....�`A''I ?^`"" 2 ,,..Q...,.w.n.,..r �rrescaaruwrm.taw.rlur aii i ; M1.zrrw�nr.w..A.w>QrAea u 9 1 pp ryg �� i� 1 RlPPJ7PNGEB >lI of � 1 �� j tgA;a rw�taA+CrArmslrrat[EYIlGtYSiA0Y.6f z�k 1 P])50VMCAPmr.C'1�utalRAteAaoreoNM.rkAt. .rn I saxfa orrula.urfs+¢AwocwnMcaVJ 1 CERnnciTEOF0vnyr= B � tClm RYnCRCOWidC YCL17E1'Ml1�ANAlRtYC6A0W1 W0%MtriA i ,`4�f I i �uv�iYrGirfM��i�YiWIGtYx�rt�Ot��� `�-�T"'�. n�r,+l o�iiAr<'uanwar�rxarois�iK/iii�txw�wt � N\��o I �tn�rmrmm�en aer.r,»am�. i 1 "Ira SURVEY1hVEN PdP.3ffd-/J-O-0PN EI+sn,us r 2030 S.WASHIhUTP'1A EAAfErr.to 63617 <?!t EfMRvrecevsr. 12M),IM-0104 FAI((Z09)303-0105 tnwrsatrroo»1cs.cwe rs. `irw•-1 �� a rtu Village Apatiments MDA-15-011;AZ-15-012;CUP-ls-mo EXHIBIT C CITY OF MERIDIAN RIDIAM� FINDINGS OF FACT,CONCLUSIONS OF LAW C>WE AND DECISION&ORDER 1 O In the Matter of the Request for a Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses;Annexation and Zoning of 0.38 of an Acre with a C-G ZoningDistrict; and Conditional Use Permit for a Multi-Family Development Consisting of � Y P g 336 Dwelling Units on 16.68 Acres of Land in a C-G Zoning District,by DevCo. Case No(s).MDA-15-011;AZ-15-012; CUP-15-019 For the City Council Hearing Date of-December 1,2015(Findings on December 15,2015) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 1,2015,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 1,2015,incorporated G by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 1, 2015,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 1,2015,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof.The City of Meridian has,by ordinance,established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).NIDA 15-011;AZ-15-012;CUP-15-019 -I- 5 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 1,2015,incorporated by reference.The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code§ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of December 1,2015,attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1,2015,attached as Exhibit A. 3. The applicant's request for conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1,2015,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted,shall be valid for a maximum period of two(2)years unless otherwise approved by the City.During this time,the applicant shall commence the use as permitted in accord with the conditions of approval,satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Two(2)Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two(2)years of the City Council granting annexation and/or rezone(UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two(2)year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).MDA-15-011;AZ-15-012;CUP-15-019 .2- 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 conceiving 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 December 1,2015 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).MDA-15-011;AZ-15-012;CUP-15-019 -3- i r I By action of the City Council at its regular meeting held on the day of 2015. 2016 COUNCIL PRESIDENT KEITH BIRD VOTED _P— COUNCIL VICE PRESIDENT JOE BORTON VOTED r COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDV G� COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LU,'E CAVENER VOTED P — COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) a eerd Attest: l0Rc��,,rl� f Cary of E ICIAAN& iDAtiO Jayceedlolman SPA c City Clerk 'tie 76E A5�0 Copy served upon Applicant,The Planning Division,Public Works Department and City Attorney. By: Dated: City Cf, CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).MDA-15-011;AZ-15-012;CUP-15-019 -4- STAFF REPORT HEARING DATE: December 1, 2015 E IDIAN-�' TO: Mayor& City Council FROM: Sonya Watters,Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: MDA-15-011; AZ-15-012; CUP-15-019—Village Apartments I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, has submitted an application for a modification to the existing development agreement (MDA), annexation and zoning(AZ), and conditional use permit(CUP). A modification to the existing development agreement(Instrument No. 104129529) is proposed to include a conceptual development plan for the property and to remove the requirement for detailed conditional use permit approval of fixture uses. The applicant proposes to annex and zone 0.38 of an acre of land from the RUT zoning district in Ada County to the C-G zoning district in the City. The conditional use permit is for a multi-family development consisting of 336 dwelling units on 16.68 acres of land in a C-G zoning district,as required by UDC Table 11-2B-2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA,AZ and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning& Zoning Commission heard these items on November 5,2015.At the public hearing,the Commission moved to recommend approval of the subiect AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Applicant's Representative ii. In opposition: None W. Commenting: Martin McWilliams; Brenda Ross; Dick Ross; Mark Rogers; Ann Sorensen iv. Written testimony: Jim Conger,Applicant's Representative v. Staff presenting application: vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. Concern in regard to the proiect's compliance with open space standards. c. Key Commission Changes)to Staff Recommendation: i. Modify condition #1.1.5 as follows: "A 35-foot wide buffer and l0-foot wide pathway is required to be constructed along N. Eagle Road,an entryway corridor,with the second phase(commercial portion) of the development; and a 20-foot wide buffer is required along N. Records Avenue, a collector street,with the first phase(residential portion) of the development and prior to issuance of the first Certificate of Occupancy for each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC l 1-3B-7C." Village Apartments 1\4DA-15-011;A7--15-012;CUP-15-019 PAGE 1 ii. Include a new condition requiring the existing structures on the site to be removed prior to issuance of the first Certificate of Occupancy for the site(see condition #1.1.9). d. Outstanding Issue(s) for City Council: i. None The Meridian City-Council heard these items on December 1.,2015,At the public hearing,the Co-uu-ci:LagDrQYecL>16-.sulj-ec-L 'LDA,.AZ_andCU1P r u >t. a. Summary of City Council Public Hearing: L Li-favor_,Iim. r_ ii. In onnosition: None iii. Commenting: Steve Smylie iv. Written testimony: None v. Staff$resenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: L The timing for construction of the street buffer and sidewalk along N. Eagle Road. c� Key Council Changes to Staff/Commission Recommendation L Nome III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA-15- 011, AZ-15-012 and CUP-15-019, as presented in the staff report for the hearing date of December 1, 2015,with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers MDA-15- 011, AZ-15-012 and CUP-15-019, as presented during the hearing on December 1, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers MDA-15-011, AZ-15-012 and CUP-15-019 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: MDA & CUP: The site is located at 2600 N. Eagle Road, in the NW '/4 of Section 4, Township 3 North, Range 1 East. (Parcel No. S 1104233710) AZ: The site is located at 2700 N. Eagle Road, in the NW '/4 of Section 4, Township 3N., Range IE. (Parcel No. S1104233642) B. Applicant: DevCo 4824 W. Fairview Ave. Boise, ID 83706 C. Owner: Bart Bryson 2600 N. Eagle Road Village Apartments 1\4DA-15-011;AZ-15-012;CUP-15-019 PAGE 2 Meridian, ID 83646 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning, and conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on the AZ and CUP requests; and before the City Council on the MDA request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 19 and November 2, 2015 (Commission); November 9 and 23, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: October 15, 2015 (Commission); November 6, 2015 (City Council) D. Applicant posted notice on site(s) on: October 27, 2015 (Commission); November 20, 2015 (City Council VI. LAND USE A. Existing Land Use(s): The annexation area consists of a residential parcel,zoned RUT in Ada County; and another related undeveloped parcel, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Various retail/restaurant/commercial uses and land approved for a multi-family residential development(Verraso), zoned C-G South: A restaurant(Great Wall), zoned C-G; and land approved for multi-family residential apartments(Regency at River Valley Phase 2), zoned R-40 East: Rural residential properties, zoned RUT in Ada County West: N. Eagle Road; undeveloped property, zoned C-G; and single-family residential property, zoned R-2 C. History of Previous Actions: The 16.44 acre portion of this site that makes up the MDA and CUP applications was annexed in 2003 (AZ-03-021,Redfeather Estates No. 2)with a development agreement (Instrument No. 104129529) as a pathway of annexation for the Redfeather Estates development to the east. This site has remained a residential/agricultural property since that time. A property boundary adjustment(PBA-14-005)was approved in 2014 which reconfigured the southern boundary of this site. The record of survey was recorded as #9983. D. Utilities: 1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject site currently exists at the southwestern corner of the project along the White Drain. 2. Location of water: A Water main intended to provide service to the subject site currently exist at the southwestern corner of the project along the White Drain. Additional mains are either planned or are currently being installed adjacent to the north boundary, south boundary, and east boundary. 3. Issues or concerns: None Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 3 E. Physical Features: 1. Canals/Ditches Irrigation: The Milk Lateral crosses the northeast corner of this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as Mixed Use - Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. The subject property is located adjacent to N. Eagle Road,between E. Fairview Avenue and E. Ustick Road,both major arterial intersections. The proposed multi-family development will integrate with the existing and future multi-family housing,retail,restaurant and commercial uses in the area and support these uses. The site is located within a '/4 mile of The Village and Kleiner Park which provide a regional draw. This site is proposed to develop with high-density residential uses at a gross density of 29.5 dwelling units per acre(d.u./acre). The proposed development consists of 336 dwelling units on 16.68 acres of land.The proposed use should contribute to the mix of housing opportunities in this area adjacent to retail, employment and restaurant uses near major intersections(N.Eagle Road&E. Ustick Road and N. Eagle Road&E. Fairview Avenue), consistent with the plan for MU-R designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use(staff analysis in italics): "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements)and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development."(3.07.03B) The proposed high density multi-family residential development will contribute to the variety of housing types available within this part of the City and offer rental options for 1 and 2 bedroom units. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0IF) City sewer and water services are available to be extended to the subject property with development of the site. "Require appropriate landscaping and buffers along transportation corridor(setback, vegetation, low walls, berms, etc.) A 35 foot wide landscaped street buffer is required along N. Eagle Road, an entryway corridor; and a 20-foot wide buffer is required along the future extension of N. Records Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 4 Avenue, a collector street. Commercial pads are proposed along the frontage of the site on Eagle Road;therefore, berms or walls aren't necessary as a buffer from the state highway. "Protect existing residential properties from incompatible land use development on adjacent parcels."(3.06.0IF) The proposed multi-ramily residential development should be compatible with existing and future multi family residential uses to the north and south. There are three rural residential properties to the east across from this site but the homes are located approximately 600 feet from the east property line of the site; therefore, the proposed development should not directly impact these residences. "Encourage infill development."(3.01.02B) The 0.24 of an acre parcel proposed to be annexed is an enclave surrounded by City annexed land; the remainder of the site is undeveloped. Development of the subject property will allow city services to be extended to this site as planned. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The applicant proposes one access for the site via N. Records Avenue, a collector street, along the east boundary of the site; no direct access via N. Eagle Road/SH 55, an arterial street and state highway is proposed. The other accesses proposed are via cross-access easements from adjacent properties to the north and south. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(3.07.02C) Internal pedestrian pathways and sidewalks are proposed within the multi family portion of the development. Pedestrian connections should also be provided between the residential and future commercial development to the west and the residential developments to the north and south. "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02, pg. 55) The proposed high-density development is located near a major access thoroughfare [N. Eagle Road (State Highway 55), E. Ustick Road and E. Fairview Avenue] and is within walking distance of Kleiner Park, a 60 acre City Park, and The Village at Meridian shopping center to the south. "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 I and 2 bedroom apartments will contribute to the variety of residential housing options and rental prices available within the City. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. "Provide housing options close to employment and shopping centers."(3.07.02D) This site is located along a major retail/commercial corridor(Eagle Road) within the City. High density residential development is desired in this area to support the employment and Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 5 retail/restaurant/commercial uses. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be an integral part of the MU-R designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 1 1-213-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Properties within the C-G district are typically in close proximity and/or have access to interstate or arterial intersections. Allowed uses are the largest scale and broadest mix of retail, office, service, and light industrial uses. B. Schedule of Use: Unified Development Code(UDC)Table 11-2B-2 lists the permitted, accessory,conditional, and prohibited uses in the C-G zoning district. The proposed multi-family development is listed as a conditional use. The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply to development of this property. Retail and restaurant uses are listed as principal permitted uses in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping Standards(UDC 11-313): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in1 1-4-3-27C and 1- 4-3-27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the property is not in a residential district. IX.ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION(MDA):The existing development agreement (DA)(Instrument No. 104129529) for the subject property requires, "Any future uses of the property to be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either of the subject parcels." The applicant requests a modification to the DA to remove the requirement for CUP approval of all uses and to include a conceptual development plan for the property.A CUP would still be required for uses that are listed as a conditional use in the C-G district per UDC Table 11-2B-2. The applicant also requests to include the 0.24 of an acre parcel included in the concurrent annexation and zoning request in the DA as part of the modification. The proposed conceptual development plan depicts (3)retail/commercial building pads along the frontage of N. Eagle Road; (1) retail building east of the building pads; and a multi-family development on the eastern portion of the site with associated garage and carport structures, a Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 6 clubhouse, storage units and other site amenities (see Exhibit A.2). All of the proposed uses are consistent with those desired in MU-R designated areas. As required by the DA,the proposed concept plan depicts a private backage driveway parallel with Eagle Road/SH 55 at the rear of the commercial building pads that connects into the property to the north (an access via Eagle Road is located at the southwest corner of the property to the north); interconnectivity and transition in uses between parcels to the north and south; and access points. Staff recommends pedestrian interconnectivity is also provided where feasible. Note:A driveway connection is not proposed to the south at the southwest boundary of the site to the Great Wall property because when the Great Wall developed it was not deemed feasible or necessary to require the construction of a bridge across the South Slough because the subject property would have access via Records Avenue and Eagle Road(via the property to the north) and the Great Wall property would ultimately have access via E. River Valley Street to the south. Staff believes the future retail/commercial uses along the frontage of the site on N. Eagle Road/SH 55 will provide a buffer to the residential uses from the state highway and the proposed multi-family development on the eastern portion of the property will be compatible with the multi-family developments approved but not yet constructed to the north and south. In summary, Staff believes the proposed concept plan demonstrates interconnectivity, access, transition in uses,and the provision of a backage road as required by the DA. Therefore, staff recommends approval of the proposed modifications. Because the property governed by the subject DA also includes the Great Wall property to the south at 2590 N. Eagle Road (formerly the Schrammeck property), Staff recommends a new DA is required that is applicable only to the property that is the subject of the AZ and CUP applications per the provisions listed in Exhibit A.6. ANNEXATION(AZ): The applicant proposes to annex and zone the 0.38 of an acre parcel of land on this site that fronts on N. Eagle Road with a C-G zoning district. As discussed above in Section VII, staff believes the proposed zoning and development is consistent with the goals and policies in the Comprehensive Plan and with the MU-R FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2,which depicts how the site is proposed to develop with a retail/commercial building pad. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The City may require a development agreement(DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-651IA. The applicant requests the subject property is included in the existing DA (Instrument No. 104129529)that governs development of the remainder of the site and also the Great Wall (flea Schrammeck) property to the south. Instead, Staff recommends a new DA is required for the subject parcel to include the land that is the subject of the concurrent CUP request, in accord with the provisions listed in Exhibit A.6. Staff has included provisions in the new DA that are still applicable to this site from the existing DA. CONDITIONAL USE PERMIT(CUP): A CUP is requested for the development of retail/commercial and multi-family residential uses on the subject 16.62 acre property in the C-G zoning district. The current DA requires any future uses on the property to obtain CUP approval. The UDC(Table 11-2B-2) also requires CUP approval for a multi-family development in the C-G zoning district. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 7 The retail/commercial portion of the development is proposed to consist of(3)retail/commercial building pads consisting of 3,500,4,000 and 7,000 square feet(s.f.) along the frontage of N. Eagle Road and(1) 14,000 s.f. retail building east of the building pads on a total of 5.23 acres of land. The commercial portion of the site is not proposed to develop at this time. The multi-family residential development is proposed to consist of 336 dwelling units within (11) 4-story structures [(10) 32-plexes and(1) 16-plex] on 11.39 acres of land on the eastern portion of the site fronting on N. Records Avenue. The units will consist of 1- and 2-bedrooms containing 500-800 s.f. and 800-1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, great room, a pool room and bike storage with a covered patio. Associated garage and carport structures, and(2) 18-bay storage unit structures are also proposed(see site plan in Exhibit A.2). All of the proposed uses are consistent with those desired in MU-R designated areas and are allowed in the C-G district; the multi-family residential use is allowed as a conditional use. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staffs comments in italics) A minimum of 80 square feet (s.£) of private useable open space is required to be provided f'or each unit. Private useable open space in accord with UDC standards is proposed for each unit in the form of private patios and balconies. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The property management office is proposed within the clubhouse; a central mailbox location is proposed within the common area by the clubhouse; and a maintenance storage area is located within the garage structure on the west side of the common area where the swimming pool is proposed. A directory map of the development should be provided at the main entrances to the development. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units contain between 500 and 1,200 square feet of living area. Therefore, a minimum of 84,000 s.f (or 1.92 acres) of common open space is required to be provided for the development. 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 84,097 s.f. of common open space proposed. However, it appears area has been included in this calculation that does not meet the minimum requirements for qualified open space. Prior to the Commission meeting, the applicant should submit a detailed plan with calculations demonstrating compliance with this standard. For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 336 units are proposed, more than 4 amenities should be provided for the site with at least one from each category (i.e. quality of life, open space, recreation). The Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 8 applicant proposes to provide the following amenities: 1) clubhouse, 2)fitness facility (in the clubhouse), 3) a swimming pool, 4) a children's play structure, 5) a bicycle repair area, and 6) enclosed bicycle storage (within the clubhouse)with the capability of storing approximately 60 bicycles, which fall under the quality of life and recreation categories. In addition to the aforementioned amenities, Staff recommends two additional amenities from the open space category are provided (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant should provide details to Staff prior to the Commission hearing on what the amenities will be. The architectural character of the structures shall comply with UDC 11-4-3-27E. The conceptual elevations included in Exhibit A.4 incorporate architectural features designed to provide articulation and variety such as windows, and offsetting walls. The main entrances should be designed as focal points of the buildings through architectural treatments and lighting and should provide weather protection. Roof forms should be distinctive and include variety and detail when viewed from the street— sloped roofs shall have a significant pitch and flat roofs should include distinctive cornice treatments. Building materials are proposed to consist of stucco and fiber cement horizontal lapped siding which conveys an impression of permanence and durability, with steel decks and rails and asphalt roofshingles. Windows are proposed on elevations that face common area. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls,fences, enclosures or by other suitable means. Administrative design review is required with the Certificate of Zoning Compliance application(s) to ensure final design of structures comply with this requirement and the design review standards and guidelines in effect at the time of development. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan does not comply with this requirement; the plan(s) submitted with the Certificate of Zoning Compliance for the structures that face N. Records Avenue should comply with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the first Certificate of Zoning Compliance application. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit— 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For commercial development, one space is required for every 500 s.f. of gross floor area. Village Apartments MDA-15-011; AZ-15-012;CUP-15-019 PAGE 9 The final count of the 1- and 2-bedroom units is not yet finalized although the mix will be approximately 40% 1-bedroom and 60% 2-bedroom units. A total of 343 covered spaces and 302 open spaces are proposed. The number of covered parking stalls proposed complies with UDC standards; until final bedroom counts are submitted, staff is unable to determine if the number of open parking spaces proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 645 vehicle spaces proposed to be provided on the site, a minimum of 26 bicycle spaces are required. The applicant proposes a total of 90 bicycle parking spaces in 39 bicycle racks dispersed throughout the site in compliance with this requirement. Cross-Access: Where access to a local street is not available, the property owner is required to grant cross-access/ingress-egress easements to adjoining properties in accord with UDC 11-3A- 3A. A curb cut to the subject property from the property to the north (Southeast Corner Marketplace No. 1, fka Gateway Marketplace) exists near the northwest corner of the site for cross-access; the backage driveway proposed on this site should align with that curb cut and a cross- access/ingress-egress easement is required to be granted to that property (Parcel #R8048310100). The recently approved multi-family development (Verraso) to the north of the eastern portion of the site is required to provide a cross-access easement to this site (easement is currently in process); a cross-access/ingress-egress easement is required to be granted to that property (Parcel #R8803510210). A cross-access easement was required to be granted to this property with development of the property to the south (Regency at River Valley Phase 2) at the northwest corner of their site; the subject property is required to grant a cross-access/ingress- egress easement to that property (Parcel #51104233940) at the southwest corner of this site and staff recommends a cross-access easement is provided in alignment with the driveway shown on their approved site plan (the proposed driveway does not align). Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Note: The property owner to the south may request a minor modification to CUP-14-001 to change the location of the cross-access requirement to the subject property from the northwest corner of the site to near the center of the site where a driveway is proposed between two garage structures. If approved, the cross-access easement to the south would not need to be provided at the southwest corner of this site but near the current location of the stub driveway to the south instead. Traffic Calming: Traffic calming should be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACHD). Landscaping: Street buffer landscaping along N. Eagle Road and N. Records Avenue is required as set forth in UDC Table 11-2B-3. A 35-foot wide buffer is required along N. Eagle Road, an entryway corridor, and a 20-foot wide buffer is required along N. Records Avenue, a collector street. Landscaping is required to be installed within both of the street buffers in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B-8C. The landscaping appears to comply with these standards. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 10 Upon development of the retail/commercial portion of the property, a 25-foot wide buffer to residential uses is provided in accord with the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council. Sidewalks: A 5-foot wide detached sidewalk is required to be constructed along N. Records Avenue, a collector street,per UDC 11-3A-17. Pathways: A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11-3H-4C.These improvements are required to be constructed with the first phase of development and prior to issuance of the.first Certificate of Occupancy for this site Waterways: The Milk Lateral crosses the northeast corner of this site and is required to be piped in accord with UDC 11-3A-6A. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Trash Enclosures: Trash enclosures(and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11-3A- 12B. Five trash enclosures are depicted on the site. The enclosures and locations should be approved by Bob Olsen,Republic Services. The overall site exhibit(sheet A1.0)does not depict the trash enclosure for Buildings G and H in the same location as the architectural site plan and landscape plan; revise plan(s) accordingly.A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi-family structures, clubhouse, garages,carports, storage buildings, and garage/maintenance building(see Exhibit A.4).No building elevations were submitted for the future commercial structures. Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City's design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 11 Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning&Aerial Maps 2. Site Plan(dated: 7/24/15 & 7/30/15) 3. Landscape Plan(dated: August 2015) 4. Conceptual Building Elevations(dated: 6/23/15) 5. Existing Development Agreement Provisions 6. Proposed Development Agreement Provisions 7. Legal Description of Property Subject to Development Agreement B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Annexation D. Required Findings from Unified Development Code Village Apartments MDA-15-01 1;AZ-15-012;CUP-15-019 PAGE 12 Exhibit A.1: Zoning&Aerial Maps .. ........ C-C ,.e mmm ma m , . F L nss "X Rul c-c RA MIN ML X- Village Apartments MDA-15-01 1;AZ-15-012;CUP-15-019 PAGE 13 Exhibit A.2: Site Plan (dated: 7/24/15 & 7/30/15) TA,j; tH¢�ecx�easo�� _ T P�11 nrr' -- L VILLAGE I' APARTMENTS 1111 = T =F- - TIr _ ' EAGLE I.YPU _ i` may° 1 11WIDNN.16AN1: �mu — 14 OQOsf Retail _, r W r fffff I milli �Tr. `1. L�L.L.L_L.L.L�� ..... i ,1 ____ ______• . r.r4i i�y�l� � i Q� �� 417 �I � 4o f Ala L J r I .tee 5 `-- #- :. ; ,,,• 3� i icrno 1 OVERALL SITE PLAN EXHIBIT ICI A1.0 OVEFALL SITE DOO&IT Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 14 THE VILLAGE APARTMENTS 0-"- EAGLE ROAD MERIDIAN.IDAHO OVERALL GENERAL SITE NOTES SCALE;........................1'=40'-O'�u r ----- -' 'I—_ - ZONING:..........................C-G ZuI:f Q`;tl:$:1; TO7AL AREA......... ...11.33 ACRES L DENSITY PROPOSED:.........29.5 IWACRE c• - SITE NOTES: NUMBER OF APARTMENT BUILDINGS:............11 NUMBER OF GARAGE BUILDINGS:... ...........14 _T11Z?Li[P1;II1 [ [C?R 7 r�� rr 3 7 _y NUMBER OF DWELLING UNITS:...............336 TOTAL PARKING REQUIREC/PROPOSED:.....6301645 OPEN SPACES/2%HC .... ... ..29" COVERED SPACES REQUIREDIPROPOSED:....380l330 " - �- I � GARAGE SPACEW2%HC .._ ...12W3 - 3 J - -- i. _-_ -v_ �. CARPORT SPACEW2%HC.. ...........2OW4 I7,41 r F BICYCLE PARKING SPACES PROPOSED(1:25):.....90 +?een c �ti VILLAGE COMMON OPEN SPACE REQUIRED:......84.0O0 S.F. 1_EI 335D.U.x250S.F.N.U.-64.000SF. APARTMENTS ll 1„�, •o+i- COMMON OPEN SPACE PROPOSED:.....84,097 S.F. � i � � I -�N � L�.G •� �, MEIIINU,NAnnNo f " p� ymw 771�t r.��r MAX.BLD.H7 PROPOSED..................45'-6' (MID POINT OF SLOPED ROOF) 1 r .7r oj SITE DEVELOPMENT AMENITIES PROPOSED: A. CLUBHOUSE ,00oSfC. CHILDREN'S PLAY STRUCTURE D.�i B. FITNESS CENTER(WITHIN CLUBHOUSE) — SWIMMING POOL Retail ii E. ENCLOSED BIKE STORAGE(WITHIN CLUBHOUSE) F. BIKE REPAIR STA710H _ ;mays H G. ON SITE STORAGE DEVELOPER: DerCo,LLC _� 4824 W.FAINVIEW @� BOISE.MAN $3706 Q ,_.7„�.➢tr} - ,,._x 'e 7 (208)336-5356 r � y LANDSCAPE: TO ENGINEERS `r^^�+•�^+ -'t 1„1ii U,f� yy 1 1a! Li 8777 CHINDEN BLVD. - -C, BOISE.IDAHO$3714 ai,saae 1208)323-2288 \��� �.r t- -�.� -T-•-il-.� _ - -,rr CIVIL CIVIL INNOVATIONS,LLD. ENGINEER/ PO BOX 170811 BOISE,IDAH0 83717 •\ a .'--- `�nAl+% -ram-- -. ecMrr! __ -' - .. 1 SITE PLAN PLANNER: TAD-'r, ". 0 � `•",, " PLANNER: 4i®rw:,a�: '��•�° CZC1.0 M ARCHQECTURAL S11E PLAN 716EAMMIMMAN, Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 15 Exhibit A.3: Landscape Plan (dated: August 2015) _LANDSCAPE NOTES' -PLMA: i "wmwm.aaimu'c MiiBeO ... 2 ciMWY.arIGONa..a�.•a me am<mem. Mi�aw WYrtm ..Mtlnv.M...i. - . - Mmlm,q••. q.•r.e re � RRRRxmrr �mP� 1Ye u e.nnnimmr g �m�.Ybam�gi..NM uMe.mund ueNw a,M grynisxu eeu.ea•na nmaaes.,. O �®. rr�� xya, a . n ® a Pm'-aw GR tle W+•L9.R'=•'tr.. rfuwro•e • • n 7 •Yrn-....e.�.a r.e�.a ,m..a.a:�nmP am ll � T wtl#•.w.1WRw.kvnaye `.`i w•os ure.E xrvea a z 6 ni.aY..a.D nP•nnP•+.nP4Pme. 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R °?- jji . ma O I��YY^^0��44kk e Om ©ROM ®���a ®��0o EIIIIIIII iAR1�'l r" E 9enr� onrp � ��i �■��, onnnt E oI'll Mv 1 -------------------- ■. s All s i IN age 0 } a ar men s rnm['a ���rop n .wn�`'i� ^xiL 46 it iF. �o�wurz.m �• 8 1 c .Qom r i a SIEEf L6 or G Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE IS Exhibit Conceptual Building 1 (dated: (dated: 1 ►. PAr Building Elevation E ` A z: y wr n-aa:.�".y�,os A-c; A= s ;.w w,siti.l`"tn.�.r�?L` .,.,..'"-�:.,r ✓ s,'"> ®; yR i^.ea yy'"a"���"i4wo�a f� +A i na"aaw�y°�wa M Rendering ApartmentsVillage D' 1 KEYNOTES O TA D— TH[AACHMOMCER m —_— Lill --_ m rn wsR•rc mm �YiwN N.wM w[nY MdM Rws. •e —`'� , �`� � awn,an un FRONT ELEVATION-BUILDING TYPE 2 VILLAGE •r;�".tea— �. APARTMENTS LF REAR ELEVATION-BUILDING TYPE 2 O s O a FF TF 4 P O �.� LEFT ELEVATION-BUILDING TYPE 2 iaRsr RIGHT ELEVATION-BUILDING TYPE 2 A5.0 _ SULDINGQTERION ` ELEVATIONS Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 20 & & _ TAB A� _ ;'""� ,o.�-„� iXE1lORIFgSDIFI�A - ----- 4 BAY GARAGE -� --_ 4 BAY GARAGE�� -�-�--- TYPICAL=�-� LEGEND 'FRONT ELEVATION .1 REM ELEVATION 3310E-ELEVATION 7 BAY GARAGE 7 RAT GARAGE FRONT ELEVATION5 REAR ELEVATION VILLAGE „� APARTMENTS 0 5 BAY GARAGE A MAING-BLDG- 5 BAY GARAGE A MAING.BLDG. C EEA,R ELEVATION RAT POOL AREA) C/E FRONT ELEVATION(AT POOL AREA) Ns 11N 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 o 0 0 0 o — o do d d d d do do do d 0 1 B BAT GARAGE STORAGE BLDG. _—__- _-_----------------_-_-_--_-_----__—_--- FRONT ELEVATION Cl- .a 18 BAT GARAGE STORAGE BLDG. 8 REAR ELEVATION AG5.0 ='LT"OK EMOTES O 10 BAY GARAGE FRDNT ELEVATION LEGEND T`ac� ASP- 1 B BAY GARAGE-- - — - REAR FL.ATI0.(ALONG RECORDS AVE I rj. VILLAGE � APARTMENTS 10 BAY GARAGE NEAR ELEVATION b. 0&+, 111 1r 10 BAY GARAGE NT ENTRY REAR Oi Y 10 BAY GAAAGE0.T ENTRY m.�����•F®'��w,e�-�1s�'m-��sy-a'vCS,=="¢�_, 10 BAY GAMGE 0.T ENTRY 5FRONf ELEVATION SSIOE ELEVATION AG5.1 gi axmG BMW Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 21 �.rt�.. T ----- ----- 1HEAURIZINFIKER L----' L --------- --- ------------- ----------------------- ------ 5 R GARAGE[MAINTENANCE BLOC.PLAN A TYPICAL GARAGE SECTION VILLAGE L L-� c t APARTMENTS El TYPICAL GARAGE SECTION .GARAGE DOOR JAMB DETAIL L L—J ,—AL L--j 310 CAR GARAGE PLAN D 22MIAL ff OR'N""EcTION ----- ----- ---- J— L L AG2.0 CAR GARAGE W E MIR Y FEATU RE —EE)- 518 BAY STORAGE UNIT PLAN —AD sEcnws D T T T -------- ---- T-0 DA - - - --- 1 4-DAY CARPORT PLAN 2"Ay CARPORTPLAW 38-DAY CARPORT PLAN --r7 44-!#Y CARPORT IILFWATI�N— 5 6--BAY CARPORT ELFYA71ON rjG-8AY CARPORT ELEVATION VILLAGE APARTMENTS ----------- -------------------------- 7 ID-SAY CARPORT PLAN 8 12-SAY CARPORT PLAN 019 91O-BAYCkRPOffr ELEVATION I MAY CARPORT ELEVATION KEYNOTES GEMEFZI;;; TYPICAL CARPORT SECTION 'M�� AG2.1 AT—yp-.r—'ARPO"ENO ELEVAT!DN B EMW FUMANDSECF011% Village Apartments MDA-15-011;A.Z-15-012; CUP-15-019 PAGE22 �,LUF31-kaUS� wN e LEST R161,1 - f 3 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 23 NETIBlE7 p.,�....a.� TAB TIEM0111EC6OFFKFA ���..... VILLAGE APARTMENTS 1EAST FEEYANBN-CLUBHOUSE .v..,. t o�o� 2 NORTH ELEVATION•CLL'BMOUSE AC5.0 EIM1NOM1BMt.xS BEEIIBIES 0. _e TAB HLAWOMOFRC:t .M O 1111d K,1 VILLAGE APARTMENTS WEST ELEVATION-CLUBHOUSE ti p ye ONTO SOUTH ELEVATION-CLUBHOUSE AC5.1 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 24 TAB '14 1101MMIFREER L-j II II II II II F I VILLAGE + APARTMENTS %law A I I 1 01 i L i I lul CLUBHOUSE FLOOR PLAN IT AC2.0 Village Apartments M DA-15-011;A.Z-15-012;CUP-15-019 PAGE25 Exhibit A.5: Existing Development Agreement Provisions Page 3-4 of 16 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's"Zoning Ordinance codified as Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Any future uses of the property shall be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schramm eck properties for the C-G zone. 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.A "Owner" shall develop the "Property" in accordance with the following special conditions: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the "Owners" change the current use of"Property" or otherwise develop the "Property" in accordance with the terms hereof. 2. Any future uses of the property shall be approved only through the conditional use permit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The following Comprehensive Plan policies (from Chapter VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the Bryson/Schrammeck Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. New development should not rely on cul-de-sacs since they provide poor fire access,walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 26 In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's qualify of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation: "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersection, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 27 Exhibit A.6: Proposed Development Agreement Provisions 4. USES PERMITTED BY THIS AGREEMENT: 4.1 This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 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. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval included in Exhibit B. c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11-3A-6A. d. A 35-foot wide street buffer is required to be constructed along N. Eagle Road, an entryway corridor,with the second phase(commercial portion) of development; and a 20-foot wide street buffer is required to be constructed along N. Records Avenue, a collector street, with the first phase(residential portion) of development and prior to issuance of the first Certificate of Occupancy for the-siiW each phase.Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11-3H-4C. These improvements are required to be constructed with the fl-sif second phase(commercial portion) of development and prior to issuance of the first Certificate of Occupancy for the that portion of the site. f. Upon development of the retail/commercial portion of the property, a 25-foot wide buffer is required to be installed adjacent to the residential uses in accord with the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and the future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N.Records Avenue(as allowed by ACHD). Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 28 Exhibit A.7: Legal Description & Exhibit Map of Property Subject to Development Agreement 5awtooth Land Surveying, LLC P (2(15)3-)A-8r04 F.f20AY 398-8rns --- 2030 5-wa5honokon Ave EnlmCtt,ID 8361 7 August 19,2015 Boundary Legal A parcel of land located in the SW114 of the NWV4 of Section 4,T.3 N„ R.1 E.,B.M.,City of Meridian,Ada County, Idaho,and as shown on ROS 9983,Ada County Records,more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 003E'00"West,coincident with the west line of the NW 1 f4 of Bald Section 4,a distance of 1390.17 feet; Thence South 89050'46"East,70.00 feet to the east right of way of N.Eagle Road,and the PAINT OF BEGINNING; Thence continuing South 89950'46"East,coincident with the north line of said ROS 9983,a distance of 700.15 feet; Thence North V36'00"East,coincident with said north line of RCS 9983,a distance Qf 99.00 feet; Thence South 89152'28"East,Coincident with the south line of Southeast Comer Market Place Sub.No.1,as shown on file in Book 101 of Plats at Page 13253,Ada County Records,the south line of Government Lot 4,of said Section 4,and the south line of Una Mas Sub,as shown on file in Book 103 of Plats,at Page 13894,Ada County Records,504.91 feet to the west right of way line of N.Allys Way as shown on file in Instrument No.114020090,Ada County Records; Thence South 0°40'39"West,coincident with said west right of way line of N.Allys Way, 717.01 feet; Thence North 89.22'08"West,680-75 feet; Thence North W48'52"West,57.1 D feet; Thence North 66018'52"West,264.00 feet; Thence South 8026'08"West,132.13E feet; Thence North 53104'OD"West,144-06 feet to Bald east right of way of N.Eagle Road; Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 29 Thence North 0136'00"East,386.71 feet to the POINT OF BEGINNING. The abuve described parcel contains 15,62 acres more ar less. E4� Carl Porter PLS 142 1 2 Date End Description gOF R LEGEND •�.A,� wmar.ur. 1 rm�arwa.wc �� EouTle..src■A uwx wss,smvaav ■ .owr.r.rae...n„rr�m ewaxEra.+tesve wnr rnr.nv ?'gip �. 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WWWSAwroorms.COM f ff f a TY p I'A'9 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 30 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features,per UDC 11-4-3-27G. A copy of the document(s) shall be submitted with the first Certification of Zoning Compliance application. b. Floor plans shall be submitted with the Certificate of Zoning Compliance application(s)that demonstrate compliance with the minimum private useable open space standard of 80 square feet for each unit. 1.1.2 The landscape plan included in Exhibit A.3, dated August 2015, shall be revised as follows: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. b. Include a 35-foot wide street buffer along N. Eagle Road/SH 55 in accord with the standards listed in UDC 11-3B-7C; and a 10-foot wide multi-use pathway and pedestrian lighting in accord with the standards listed in UDC 1 1-31-14C. c. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and the future residential developments to the north and south. d. Prior to the Commission meeting, the applicant shall submit a detailed plan with calculations demonstrating compliance with the common open space requirements listed in UDC 11-4-3-27C. A minimum of 1.92 acres of qualified common open space shall be provided. e. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. 1.1.3 The site plans included in Exhibit A.4, dated July 24 and 30, 2015, shall be revised as follows: a. Depict the locations for directory maps of the development at the main entrances for those entering the development, in accord with UDC 1 1-4-3-27B. b. Update the parking calculations to reflect the number of 1-and 2-bedroom units proposed and correct the total number of parking spaces required based on those numbers; and correct the number of covered spaces listed. Include parking calculations for the clubhouse building. Parking shall comply with the standards listed in UDC 11-3C-6 for multi-family dwellings and for the clubhouse listed in UDC 11-3C-6B. c. Correct the amount of common open space proposed in the notes; only the amount that qualifies as open space per the standard listed in UDC 11-4-3-27C.2 should be included. d. Label the structure where the maintenance storage area is located. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 31 e. Depict a cross-access easement and driveway at the southwest corner of the site to the Regency at River Valley Phase 2 property to the south (Parcel #51104233940) in addition to the cross-access driveway currently proposed to the south. If the location of the cross-access at the southwest corner of the site is changed through approval of a conditional use permit minor modification application to CUP-14-001, cross-access to the south may only be provided in the general location shown on the site plan (the driveway location shown on the proposed site plan does not align with that on the approved plan for Regency at River Valley Phase 2. f. The trash enclosure for Buildings G and H is not depicted in the same location on the overall site exhibit (sheet A1.0) as it is on the architectural site plan (sheet CZC1.0) and landscape plan; revise accordingly. Include a detail of the trash enclosure. g. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and the residential developments to the north and south. h. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. i. Depict a 10-foot wide multi-use pathway within a 35-foot wide street buffer along N. Eagle Road along with pedestrian lighting as set forth in UDC 11-3H-4C. The pathway is required to be placed in a public use easement. 1.1.4 The developer shall provide a 4,389+/-s.f. clubhouse, fitness facility (in the clubhouse), swimming pool, children's play structure,enclosed bicycle storage (in the clubhouse) capable of holding approximately 60 bicycles, and a bicycle repair area as site amenities in accord with UDC I 1-4-3-27D as proposed. Two additional site amenities from the open space category shall be provided as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden,ponds or water features, a plaza, or other comparable amenity).The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. 1.1.5 A 35-foot wide buffer and 10-foot wide pathway with associated pedestrian lighting is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase (commercial portion) of development; and a 20-foot wide buffer is required along N. Records Avenue, a collector street, with the first phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for th,-s4e each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11-3B-7C. 1.1.6 The applicant shall grant cross-access/ingress-egress easements to the properties to the north (Parcel #R8048310100, Southeast Corner Marketplace No. 1; and Parcel #R8803510200, Verraso) and to the property to the south (Parcel #S 1104233940, Regency at River Valley Phase 2)at the southwest corner of the site and in alignment with the driveway location approved on the Regency property. Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Note: The property owner to the south may request a minor modification to CUP-14-001 to change the location of the cross- access requirement to the subject property from the location at the northwest corner of the site to near the center of the site where a driveway was approved between two garage structures. If approved, the cross-access easement to the south would not need to be provided at the southwest corner of this site, only near the current location of the stub driveway to the south in alignment with the driveway approved on the Regency property. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 32 1.1.7 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 11-513-1. 1.1.8 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.9 The existing structures on the site shall be removed prior to issuance of the first Certificate of Occupancy for the site 1.2 General Conditions of Approval 1.2.1 Comply with all bulk,use,and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3 A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15,UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5.1. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3 B-5I, 11-3B-8C,and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C(streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards asset forth in UDC I I-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC I 1-3B-I 1C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3 A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 33 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-513-6171 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will not be required for this phase of the development as street lighting will be installed with the Records Road Extension project. Street lighting will be required along Eagle Road when the commercial section of the property develops. At that time, a street light plan will need to be included as part of the development application. 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=2 7 2 2.1.2 Applicant shall be required to install water mains through the development, including the provision of a water main stub to the south boundary of the development for connection through the future second phase of the Regency at River Valley project. A stub shall also be required as shown near the northwest corner of the development for future extension to Eagle Road as part of the development of the commercial area. The applicant shall also install a water main connection, at the cross access driveway location near the northeast corner of the development,to the existing main adjacent to the north boundary as part of the Verraso project. Applicant shall also be required to connect to the main currently being planned in Records Avenue. 2.1.3 Applicant shall be required to install sewer mains through the development. 2.1.4 Sanitary sewer and water assessments will be calculated as 1 Equivalent Residential Unit(ERU) per apartment unit. 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 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 34 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 I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 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, fencing installed,drainage lots constructed,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths,pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 35 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 engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt,high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. 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 on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 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. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 36 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section(IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ``/2"outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18"above finished grade to the center of the 4'/z"outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW,per International Fire Code Section 503.2. 3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4&D103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property,as set forth in International Fire Code Section 505.1. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.15 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 37 3.17 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.18 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.19 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60") wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 Traffic calming should be provided within the site between the residential and commercial development and in N. Records Avenue(as allowed by ACHD). 4.2 Pedestrian connections should be provided between commercial and multi-family development. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a detail of the proposed trash enclosures with a site plan showing proposed locations to Bob Olson,Republic Services (208-345-1265 or rolson(&republicservices.com)for approval. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road/SH-55 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Extend Records Avenue from the north property line, at its current terminus, to the south property line,as one-half of a 46-foot street section,plus 12-feet of additional pavement; with vertical curb and gutter on the west side of the road. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the east side if the roadway. OR Plan approval shall be contingent on CenterCal constructing the remainder of Records Avenue abutting the site. No additional right-of-way is required. 7.1.3 Provide an 8-foot wide landscape buffer and construct a 5-foot wide detached concrete sidewalk located outside of the right-of-way within a 14-foot wide easement along Records Avenue abutting the site. 7.1.4 Construct one 30-foot wide driveway onto Records Avenue located 350-feet south of the north property line,as proposed.Pave the driveway it's full width at least 30-feet into the site beyond the edge of pavement of Allys/Records. 7.1.5 Other than access specifically approved with this application direct lot access to Records is prohibited. Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 38 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3,the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act(ADA)requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits(spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual,ISPWC Standards and approved supplements,Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction,use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future,ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 39 C. Legal Description and Exhibit Map for Proposed Annexation 5awtocth Land 5urveying, LLC (208) 396-5104 P:(208)396 8105 2030 5. G'bay ,hogtcn Avc.. Zm;net. 0 83i�:7 July 28, 2015 Annexation Legal A parcel of land located in the SW1/4 of the NW114 of Section 4,T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 0°35'47" West, coincident with the west line of the NW114 of said Section 4, a distance of 1517.50 feet to the POINT OF BEGINNING; Thence South 89119'30" East, 185.00 feet; Thence South 0135'47" West, parallel with said west line of the NW114 of Section 4, a distance of 90.00 feet; Thence North 89019'30"West, 185.00 feet to said west line of the NW1/4 of Section 4, a distance 185.00 feet; Thence North 0°35'47"East, coincident with said west line of the NW1/4 of Section 4, a distance of 90.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.38 acres more or less. �tzA�ENO N S `9 Carl Porter. PLS vu Date End Description F�A � L P096 31 511 5065-CMG-VI LLAGE COMPLEX1DrawlrgslDescriptionsl15065-ANNEX LEGAL.docx II Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 40 i 32 33 E. USTICK ROAD T.4 N. 5 4 T.3 N. O W C9 tt M ti a N � et. tt r= s-T POB f S 89°19'30"1= 185.00' w o ^ 4 0.38 Ac.± p O O O NL LA Z to N 89019'30"W 185A0' 0 014 � � Y L P 0 ;� a o a � z 5 4 W 114 FND BRASS CAP E. RIVER VALLEY ST. NTs PROJECT. OWNERIDEVELOPER 2030S. WASHINGTON AVE. DWG# 2709 N. EAGLE ROAD BART L.BRYSON EMME7 0.93617 15065 VILLAGE COMPLEX P:(206)398-8104 PROJECV APN S1 104233G42 F:(206)398-8105 15095 ANNEXATION MAP r- •, _3. = SHEET f7ATE: Wf°VW,SAWTOOTHLS.COW 1OF1 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 41 D. Required Findings from Unified Development Code 1. ANNEXATION: 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 and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed annexation of 0.38 of acre of land with a C-G zoning district is consistent with the MU-R future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed C-G zoning district and proposed retail/commercial use of the property is consistent with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds annexing this property with C-G zoning district is in the best interest of the City as the property will be able to develop with retail/commercial uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B,the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 42 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use in the C-G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing and future residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection,drainage structures, refuse disposal,water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department,Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise,smoke,fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however,whenever undeveloped property is developed,the amount of traffic generation does increase. The ACHD report states that traffic on Eagle Road and River Valley Street generated from the proposed development will function at an acceptable level of service for arterial and collector streets. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Village Apartments MDA-15-01];AZ-15-012;CUP-15-019 PAGE 28 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6R PROJECT NUMBER: ITEM TITLE: Second Amendment To Subrecipienf Agreement Between City Of Meridian And Meridian Development Corporation For Py2016 Community Development Block Grant Funds 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 SECOND AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This SECOND AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS is entered into this , c _ day of December, 2017 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Development Corporation, an urban renewal agency established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on April 26th, 2017, City and Subrecipient entered into a "Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for PY2016 Community Development Block Grant Funds " ("April 26, 2017 Agreement"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds from Program Year 2016 (PY16); and WHEREAS, Subrecipient needs more time, to complete the activities funded by CDBG funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties contained herein and in the April 26, 2017 Agreement, the Parties agree as follows: I. Provision modified — Title. Title of the April 27, 2017 Agreement shall be amended to read as follows: SubrecipientAgreement Between City of Meridian and Meridian Development Corporation for PY 2016 Community Development Block Grant Funds. II. Provision modified — Time of performance. Section LF of the April 27, 2017 Agreement shall be amended to read as follows: F. Time of Performance. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on March 31, 2018, unless earlier terminated or mutually extended by separate written agreement. III.Provision modified — Draw Requests. Section II.C.5 of the April 27, 2017 Agreement shall be amended to read as follows: C. Draw Requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed sixty thousand dollars ($60,000). Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than March 15, 2018 unless otherwise agreed in writing. SECOND AMENDMENT TO PY 16 SUBRECIPIENT AGREEMENT- MERIDIAN DEVELOPMENT CORPORATION PAGE 1 OF 2 IV. All other provisions in effect. Except as expressly modified by this Second Amendment or other duly executed addenda, all provisions of the April 27, 2017 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the April 27, 2017 Agreement or this Second Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this Second Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Development Corporation t k "-, it2A.,JI AL_�� B : Dan Basalone, hairman CITY: City of Meridian By: Tammy/dq�Weerd, Mayor ED AUGUS Attest: T ('ity of s "N1Ho y Co1�City Cleric SEAL SECOND AMENDMENT TO PY 16 SUBRECIPIENT AGREEMENT—MERIDIAN DEVELOPMENT CORPORATION PAGE 2 OP 2 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6S PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10701.b for Professional Services for "SCADA TECHNICAL SUPPORT SERVICES for FY2018" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $50,529.00 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 Page 1 Memo To: C.Jay Coles, City Clerk, From: Sandra Ramirez, Purchasing Specialist CC: Dennis Teller, Keith Watts Date: 12/11/2017 Re: December 19 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 19 th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10701.b for Professional Services for “SCADA TECHNICAL SUPPORT SERVICES for FY2018” to CH2M Hill Engineers, Inc. for the Not-To- Exceed amount of $50,529.00. This Task Order is issued in conjunction with the Master Agreement with CH2M Hill dated October 1, 2017, which is the result of the formal RFQ #CW-1750-10772. Recommended Council Action: Approval of Task Order 10701.b to CH2M Hill Engineers for the Not-To-Exceed amount of $50,529.00 and authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount $50,529.00. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding N/A N/A I. PROJECT INFORMATION 5/4/2017 5/1/2018 N/A 390,000 11/27/2017 Public Works SCADA General Support WRRF FY18 / CH2M V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION 9/22/2015 -Purchasing Manager VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Dennis Teller 11/27/2017 VII. TASK ORDER SELECTION (Project Manager to Complete) See attached Task Order Draft N/A Award based on Low Bid Highest Ranked Vendor Selected $50,529 Dennis Teller If yes, has policy been purchased? CH2MHill III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3510 53101 10701.b TASK ORDER 7A RFP / RFQ BID OW IDIAN CITY OF MERIDIAN Purch.lln9 O.O.rlmart 3'} E BFOADWAY AVE, STE 1 06 MERIDIAN. ID 83642 TEL: (208) 489{417 FAX: (208) 987-4813 @ CITY OF MERIDIAN Public Wo*s / Wastawalar 111212017 IS BTJOGET AMENOIIENT BEOUIFEO? No E MANAGEMENT TICKET NO. DATE OF BEOUEST AVAILABLE BUDGET A OUT'IT $390,m0.00 Purchase Requisition PHOJ eFuanacEF-- elLrDcnnls PAYMENT TEHMS NET 30 DESTINATION .o.8.FREIGIIT TFFUS PHEPAID Dennis Teller R SERVICES / WRRF FY18PROJECTNAIIE: CH2MH|[ / SCADA General S DA Services WRRF 18 s 50 529.00 U $ $ $ $ $ $50 529.00 Council Approval Date:NOTES: OTY UNIT -IIIIIIIIrI -I , FUND DEPT . CODEgrt{r,rIIrIIIITII ACCOUNTING COOES IOTAL AI.IIOUNT Ou antily and Pritg X o F LG T -ilirr - - -- D escriplion of Purchase Tc E IIITII UNIT PFICE f,l:I{ifBllitil IIITIIr - P N C S o E 1, E c n ot PABT NUMBER / DESCBtpTtON / COMMIIl\iTENT NAME / TASK ORDER / CONTRACT i PROJECT OESCRIPTION - -- - - - SUGGESTEO VENDON CH2MH|II 322 E Front Street, Suite 2OO Boise, lD 83702 treaPis:- ciiDa., Jr.Jr,:g!n t,ius; ,,F;1:r,il oil ,il L iir:/orcES riarli:5 :,-trs cnnrcits r\:.o ccFtltsacita;,taE ;i:Lii:D:o iqE oEoir ?,t TASK ORDER NO. 10701,b Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERS, INC (ENGINEER) This Task Order is made this L' day of December 2017 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CH2M HILL ENGINEERS, INC, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 7A) between the above mentioned parties dated October 1, 2017. The Project Name for this Task Order 10701.b is as follows: CITY OF MERIDIAN SCADA TECHNICAL SUPPORT FY 2418 SCOPE OF WORK Our scope is to provide on-going support, as needed, to the City for routine maintenance support of the Meridian Supervisory Control and Data Acquisition (SCADA) system including the Human Machine Interface (HMI), network communications, and programmable logic controllers (PLCs) during City fiscal year 2018. Project Management Manage, coordinate and lead ENGINEER Team's activities and perform administration of the project execution and quality reviews. Activities include contract administration, project accounting, Health &Safety Plan preparation, project documentation, monitoring progress, change management, periodic invoicing, and closeout and archiving. Routine Maintenance Support Although currently undefined, routine maintenance will be provided to improve operation and identify potential software risks. The actual maintenance program will be developed in coordination with the operations staff. Routine Maintenance Support and ongoing Systems Integration are a primary mechanism for creating staff familiarity with Task order 10701.b SCADA Technical Support FY18 Page 1 of 4 CH2M Hill Engineers Meridian's SCADA and will be defined in subsequent SCADA Support Services Work Authorization Form (Attachment A). Planned Improvements Planned improvements include developed activities to improve reliability or programmer access of SCADA or associated networks. Operations staff continuously compiles a list of planned improvements that will be prioritized and coordinated with ENGINEER for completion throughout the period of performance of this task order. Work Authorization forms (Attachment A) will be used to document the work to be performed and estimated level of effort for each planned improvement. Urgent Calls Urgent Calls will be initiated by the operations staff or the information technology staff to address immediate needs with SCADA, PLC programming, or network operation. It is assumed that the programmer will remotely work to resolve the issue. It is assumed that the first call to resolve an urgent issue will be to the City Information Technology staff. Deliverables To be defined in subsequent SCADA Support Services Work Authorization Form (Attachment A) REIMBURSABLE EXPENSES Estimated reimbursable expenses will be identified in individual Work Authorization forms as needed to perform the work activity. Anticipated reimbursable expense types are airline tickets, rental cars, lodging, and meals. ASSUMPTIONS While preparing our scope of services and fee estimate, we have made the following assumptions: Requests made by City staff after 5:00 p.m. and before 8:00 a.m. (Mountain Time) or on weekends and City holidays will be considered an "After-hours call". After-hours calls will be given highest priority for response on the first business day that follows. Task Order 10701.b SCADA Technical Support FY18 Page 2 of 3 CH21V Hill Engineers TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by December 2017 and resulting in support services being available through the end of September 2018. A NTP issued on a different date will change the schedule accordingly. The Not -To -Exceed amount 10 complete all services listed above for this Task Order No. 10701.b is fifty thousand five hundred twenty-nine dollars ($50,520.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City In the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To - Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERADIAN KEl , A S, Purchas' :anagen Dated:_ City Project Manager; D • aLl Teller Task Oran 10701 11 SCAas\ Ta,:P�nlcal Support FY18 CH2M Ni11 Engineer, CHZM HILI_ EN , INC Dated:f- De ppro Cit NNIS Tl=t_t ER, Wateru_p ntendent Dated:. ! — yr Pam 3 ora CITY OF MERIDIAN TAMMY de W D, MAYOR Dated: Id-/ l � / 6—;1r` 7 Approved by Council: o-/ ` /,,1)0/7 (IsStAl- Task 0RAT — Attest: `;.vor PIC. Jay oIes, CLERKA Order 10701.b SCADA Technical Support FY18 Page 4 of 4 CH2M Hill Engineers CITY OF NiFRUAN SCADA TECHNICAL SUP PORI FY 2618 SCADA Support Services Work Authorization Request Form _ This Work Authorization Request is associated the Agreement between the City of Meridian, Idaho (CITY) and Engineer for SCADA Related Software Support. Request for Work Requested By (City): Date / Time: Type: ❑ Routine Maintenance ❑ Planned Improvements ❑ On -Call Request Reason and Scope of Work Provide brief explanation regarding why work is needed. Provide brief list of planned activities, timeframe, and deliveral expected. Estimated Budaet T Based on Scope of Work herein, Engineer estimates the following level of effort will be required to perform the requested work. Staff Required Hours I Cost Total Estimated Hours and Cost j Estimated Schedule Based on the current understanding of the work to be performed, Engineer anticipates that the work will be completed within (days/weeks) from City Authorization and Notice to Proceed. Engineer will notify the City via email when the work is complete. Authorization & Notice to Proceed CITY Authorization to Proceed, acknowledged by: Title: Date: PAGE 1 OF 1 City Of r'teridian Statemenl of Revenues and Expenditures - Rev and Exp Report - Sancb:a - Unposted Transactions Included In Report 60 - Bnteq)rise F'und 351.0 - Wll tteatn€nt Plant Fxor].t l0/l/2011 Through 9/30/2018 Budget wi!h Amendments Current Year Actual Budget Remaining 39.0, 000.00 39!, 000.00 40,02a .24 4A ,424 -24 349, 9'15 .16 349,915.'16 89J4\ 89.749 5 3101 DEPT EXPENDITURES TOTAL EXPENDITURES 3lqr q9.0.q0 44,424 -24 3le,e1t.'16_ 40, 024 ,24 3 49 , 9't: 89.749 89.74t00ss.390,0 16 Date. ll/29/t'1 t1:03:4, AM OPERATING COSTS P.IaDt Maintenance TOtAl OPERATING COSTS Percent of Budget Remaining IDSOS Viewing Business Entity Page 1of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summarv ] I Get a certificate of existence for CH2M H]LL ENGINEERS. INC. l I Monitor CH2l"l HILL ENGINEERS. INC. business filinos ] CH2M HILL ENGINEERS, INC. 9191 S. JAMA]CA ST. ATTN: TAX ENGLEWOOD, CO 80112 Type of Business: CORPORATION, GENERAL BUSINESS StAtUS: GOODSTANDING State of Origin: DELAWARE Date of 12 Jul 2005 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing Cf6t426 N um ber: Number of Authorized Stock shares: Date of Last Annual Report: 12 )un 2OL7 Annual Report Due: Jul 2018 Original Filing: I Help Me Print/View TIFF ] Filed 12 Jul 2OO5 CERTIFICATE View Imaoe (PDF format) OF AUTHORITY View Imaoe (TIFF format) Amendments: I Help l"le Print/View TIFF ] View Imaoe ( PDF format) View Imaoe (TIFF format) Annual Reports; I Helo Me Print/View T]FF l View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online Amendment Filed 27 Aug NAME CHANGED 2OO7 TO CH2M H]LL ENGINEERS, INC. Report for year 2017 ANNUAL REPORT Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 201l ANNUAL REPORT https://www. accessidaho.org/public/sosicorp/C 1 61 426 html 1211112017 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6T PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid WTR-1806-10889 and Purchase Order # 18-0166 to E.H. Wachs Company for the WACHS Valve Turning Truck/Equipment for a Not -To -Exceed amount of $66,325 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Brian Kerr, Chief Water Operator; Keith Watts, Purchasing Manager Date: 12/13/2017 Re: December 19 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 19 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid WTR-1806-10889 and Purchase Order #18-0166 to E.H. Wachs Company for the WACHS Valve Turning Truck/Equipment for a Not-To- Exceed amount of $66,325. Recommended Council Action: Award of Bid and authorize Purchasing Manager to sign Purchase Order #18-0166 to E.H. WACHS COMPANY for the Not-To-Exceed amount of $66,325.00. Thank you for your consideration. City of Meridian Purchasing Dept. E IDIAN IDAHO WAC uipmentBINDEAMHsalTernUnI 2:30UDDAE&TE IT EM N ovem eb 2r 8 02 71 R:B ND MU EB RWT 1 80 086-1 89 VENDOR .9 BID AMOUNT Opened by Attest: :CLrt/^^ Z*"L fec'HNOLDil ba, G1E- E AC 25t"b3 I -72, 96IIIIII I City Of lreridiarl Statement of Revenues and Expendituies - Rev and Exp Report - Sandra - Unposted Transactions lncluded In Report 60 - Ente4)rise Fund 3{20 - water - Distri-bution Etan l0/l/2011 Through 9/30/2 018 Perceot of Budget Remaining Budget with Current Year Actual Budget RemaiDing 94100 DEPT EXPF]NDITIIRES TOTAL EXPENDITURES Capital Outfay Capital - Vehlcles Tota] Capital Outlay u8.000=0! 178,000.08 106, 776. q1 106,1't6-0-l 59.991 s9.99r 178,000.08 11,224=0L 11,224.07 1I 224.01 145,1 t 6. O1 59.99t 59. 999 Da]..t l?/ll/l-1 10:55:54 xx 178,000.08 LA6,'7',76.0',7 oArE (MWOOIYYY) 12112t2017 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 AMENO, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER, IiTPORTANT: lf the certificate holder is an ADoITIONAL INSUREo, tho pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lI SUBROGATION lS WAIVED, subject to the terms and conditions of th6 policy, codain policies may require an ohdorsemont. A stat€ment on this certiflcate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER MARSH USA INC 540 W. MAD|SoN cHtc,AGo, tr 60661 Ann: Ilw.C€rlRequost@Ma6h.com or Fax: 21 2-948'0300 3CO04tolher-GAWl7-18 INSURED ILLINOIS TOOL WORKS INC, ATTNi CECILIA oSTLING, RISK MANAGER 155 HARLEM AVENUE GLENVIEW, L 60025 INSURER(S) AFFORDING COVERAGE |NSURERA: ZLrnch Amencan Insurance ComDany 16535 rNsuRER B: American Zurch lnsurance Cornpany 44142 iQo"CERTIFICATE OF LIABILITY INSURANCE COVERA.GES CERTIFICATE NI.JMBER:cHr,008850064 01 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE AEEN ISSUED TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREI\,4ENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE I\,IAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POLiCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES, LII\,4ITS SHOWN [/AY HAVE BEEN REDUCED BY PAID CLAIIVS, EACH OCCURRENCE 2,000.000Sx 500 000s 10,000 SX PERSONAL&AOV NJURY 2,000,000S GEN ERAL AG GREGAIE 4,000,000s 4,m0 000XPROOUCTS - COMP/OP AGG COMMERCIAL GEN ERAL LIABILITY GFNI AGGRFGAIF LIM]T APPI IFS PFR X SIR:$1,000,000 f -l pno FlI iJECr I I CLAIMS-MAOE LOC OTHER: GLO 9373453-14 11n1n4181110112017 PRODUCTS. OCCUR 4 000,000s s 3,000 000 BOOILY INJURY (P6.p66q)S BOoILY INJURY (Per accident)5 s AUTOMOB]L' LIAAIL Y "148AP 11 17 11n1D018 COMP,/COLL, DED 5m,000S EACHOCCURRENCE 5 EXCESS LIAB OCCUR CLAIMS.MAOE AGGREGATE S RETENTION s X E.L. EACH ACCIOENT 1,000 000 E,L OISEASE . EA EMPLOYE 1,000,000S B WORXER9COMPENSATION AND EMP LOYERS' LIABILITY }}IYPROPRIETOR/PARTNER/EXECUIIVE OFFICER/MEMBEREXCLIJOEO? OESCRIPTION OF OPERATI s 11n112017 11/01/2018 11n1n018 E,L OISEASE - POLICY LIMIT 1 m0 000S / I-OCAIIONS / VEHIC|ES {ACORO 101, Additionat R.m.rt. Schedut., may bo ahached ltnor..r.ce t. roqutred} 0lS T00L WoRKS lNC. company DESCRIPTION OF OPERATIONS E H WACHS CoMPANY an ILLIN INSURANCE COVERAGE IS SUBJECT TO POLICY EXCLUSIONS, POL]CY TERi,IS AND CONDITIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLEO AEFORETHE EXPIRATION OATE THEREOF, NOTICE WILL gE OELIVENEO INACCOROANCE wlTH IHE POLICY PROVISIONS, CITY OF MERIDIAN 33 E. BROADWAY AVENUE MERID]AN, ID 83642 AUTHORIZED REPRESENTANVE Manash Mukheri€e $a4r4^r^+<r @ 1988-2016 ACORD COR The ACORD name and logo are registered marks ofACORD ACORD 25 (2016/03)PORATION. A rlghts reserved. [ ] aNY Auro I IOWNED I I SCHEDIIfEDI I auros oNLY alrrosT---l HrREo --l NoN-owNEo l ] aLrros oNLY l__-.1 Auros oNLY E *,^i lwc srinsz.rs tner,o. wr) I rtr Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to DAHLE CONSTRUCTION, LLC for the WATERMAIN EXTENSION AMITY - LINDER project for a Not -To -Exceed amount of $899,380.00 MEETING NOTES k Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Dean Stacey, Engineering Project Manager; Keith Watts, Purchasing Manager Date: 12/14/17 Re: December 19 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 19 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to DAHLE CONSTRUCTION, LLC for the WATERMAIN EXTENSION AMITY – LINDER project for a Not-To-Exceed amount of $899,380.00. Recommended Council Action: Award of Bid and Approval of Agreement to DAHLE CONSTRUCTION, LLC for the Not-To-Exceed amount of $899,380.00 and authorize Purchasing Manager to sign Purchase Order for the Not-to- Exceed amount of $899,380.00. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $899,380 Dean Stacey If yes, has policy been purchased? Contractor - Dahle Construction, LLC / Consultant - Murraysmith III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96140 10624.b TASK ORDER N/A RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 12/14/2017 December 14, 2017 I. PROJECT INFORMATION 12/13/2017 4/1/2018 N/A N/A FY18 12/14/2017 PW Water Main Extension Amity - Linder V. BASIS OF AWARD 12/8/2017 December 15, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A N/A N/A Existing C-11353 6/30/2018 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WATERMAIN EXTENSION AMITY - LINDER PROJECT # 10624.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 1,1h day of December, 2017, and entered into by and between the City of Meridian, a municipal corporation organized under the laws, of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83542, and DAHLE CONSTRUCTION LLC. , hereinafter referred to as "CONTRACTOR",whose business address is 4351 Garrity Blvd Nampa, ID 83587 and whose Public Works Contractor License # is C -11353 -AAA -1-2. INTRODUCTION Whereas, the City has a need for services involving WATERMAIN EXTENSION AMITY - LINDER; and WHEREAS, the Contractor is specially trained, experienced and Competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows, TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement; including without limitation electronic data files, are the property ofthe Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work; or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so, If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WATERMAIN EXTENSION AMITY Y LINDER page 1 of 14 Project 10624.1 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under thls Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractorshall be compensated on a NolTo-Exceed basisas provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $899,380.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. WATERMAIN EXTENSION AiiIITY - LINDER Project 10624.8 page 2 ot 14 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation setforth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 150 (one hundred fifty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 180 (one hundred eighty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) percalendarday. Such payment shail beconstruedtobe liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.'1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulflll in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to ClTy. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WATERMAIN EXTENSION AMITY - LINDER Project 10624.B page 3 of 14 5,2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-'1901 8. Removal of Unsatisfactory Employees: The contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the city, an employee of the contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on cityproperty, or is otherwise unsatisfactory, that employee shall be iemoved from ailwork under this contract. 9. Indemnification and lnsurance: WATERMAIN EXTENSION AMIry . LINDER Project 10624.8 page 4 of '14 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees.NTRACTOR shall maintain and s ifical aqrees that it will maintain, throuqhout th ete rm of this Aoreement. liabilrtv insurance. in which the CITY shall be named an addition a I in sured in the minimum amounts as follow: General Liabil ity One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($ 1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the city. At the option of the city, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the contractor shall provide a bond, cash or tetter of creditguaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, contractor,s rnsurancecoverage shall be primary insurance regardlng the city,s elected officers, officials,employees and vorunteers. Any insurance or ielf-insurance maintain;J;y th; cityor the city's erected officers, officiars, emproyees and vorunteers shal oe dxcess ot WATERMAIN EXTENSION AMITY - LINDER Project 10624.8 Page 5 of 14 the Contractois insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs forthe re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Merrdian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 't3. All items found to be defective during a warranty inspection and subsequenfly corrected will require an additional two (2) year warranty from the date of City,s acceptance of the corrected work. Changes: The CITY may, from time to time, request changes in the Scope of Work to beperformed hereunder. such changes, including iny increase or decrease in theamount of coNTRACToR's compensation, which are mutuafly agreed upon ny ano WATERMAIN EXTENSION AMITY - LINDER Project 10624.8 page 6 of 14 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibiiity of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian StormwaterSpecifications: Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the pro.ject. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-otway Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and lnformation: 17.1 At such times and in such forms as the ClTy may require, there shall be furnished to the clrY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. WATERMAIN EXTENSION AMIry - LINDER Project'10624.8 page 7 of 14 All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancitv.orq/environmental.aspx?id=1 361 8. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2'176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: contractor must compry with rdaho state statute 44-loo2which states that thecontractor emproy ninety-five percent (95%) bona fide rdaho residents, 22. Advice of Attorney: WATERMAIN EXTENSION AMIry . LINDERPtoject 10624.8 page I of 14 19. Publication, Reproduction and Use of Material: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Aftorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determtned by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. ConstructionandSeverability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewrth. 27 . Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of ClTy. 28.Payment Request: Payment requests shall be submitted to City of Meridian through the City,s project management software. The Project Manager will compare the invoice against'the Payment schedule in the Agreement for compliance. Upon approval thaithe work has been done and is in compliance with the Agreement, the project Manager will approve the pay request for processing. city of Meridian paymenfterms are Net 30from the date city receives a correct invoiie. Final payment will not be releaseduntil the City has received a tax release from the Tax Commission. WATERMAIN EXTENSION At\iltTy - LTNDER Project 10624.B page 9 of 14 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR WATERMAIN EXTENSION AMIry - LINDER Project 10624.8 DAHLE CONSTRUCTION, LLC Attn: Chris Fox 4301 Garrity Blvd. Ste. 201 Nampa, lD 83687 Phone: 208-921-1793 Email: cfox@dahleconstructionllc.com ldaho Public Works License #C-1 1 353-AAA- 1-2 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 208-489-0417 34 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Approval Required: This Agreement shall not become effective or binding until approved by the city of Meridian. page 10 of 14 BY: TATVI\,1Y dE WEERD, IVAYOR Dated: Approved by Council: Attest: C.JAY COLES, CITY CLERK Purchasing Approval BY: KEITH WATTS, Purchasing tulanager Dated:: Project Manager Dean Stacev DAHLE CONSTRUCTION, LLC BY: Charles LaMoure, CFO Daled. 12/13/2017 Depa nt BY: REN STEW , City Engineer WATERMAIN EXTENSION AMITY . LINDER Project 10624.B page 1'l of 14 CITY OF MERIDIAN out o,, tz/rq/tz CITY OF MERIDIAN BY: _ TAMMY de W D, MAYOR Dated: w l � / dol / Approved by Council: o l Z 15; Attest: /_ +-,/, C.JAY OLE ITY CLERK Purchasin BY: KEITH S, PurchX sin anager Dated:: l Z/ / (//7 Project Manager Dean Stacey WATERMAIN EXTENSION AMITY- LINDER Project 10624.8 DAHLE CONSTRUCTION, LLC BY:--( Charles LaMoure, CFO Dated: 1211312017 \�po�QpFtATEO q(,cGs i o1yuf o I,4 V S 2_ EAL Depa BY:_ L'. WAAETE N SW RT, City Engineer Dated., /Z 1Y117 Page 11 of 14 CITY OF MERIDIAN B . �:- TAMMY de W D, MAYOR Dated: Ia-/ Approved by Council: o/ 1 Attest: C.JAYLES C TY CLERK Purchasing Ap rova) BY: KEITH urchasi Ma er Dated:: 21�� 1 y Project Manager Dean Stacey WATERMAIN EXTENSION AMITY - LINDER Project 10624.8 l DAHLE CONSTRUCTION, LLC BY: Charles LaMoure, CFO Dated: 12/13/2017 ( 'L (gLOf IDI W Depaq int BY: WARREN STEWA T, City Engineer Dated:: /Z �_ 1/ 7 page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW.1811-10624.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-181 1-10624.b, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans - Watermain Extension Amity - Linder by Murraysmith dated September 2017 (23 pases) Special Provisions and/or Technical Specifications by Murraysmith daled 9124117 (87 pases) WATERI.4AIN EXTENSION AIVIIry - LINDER Pto)ec|10624.8 page 12 of 14 Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $899,380.00. Milestone 1 lrrigation (Water) Crossings March 15,2018 '150 Days from Notice to ProceedMilestone 2 Substantial Completion Milestone 3 Final Completion 180 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATERMAIN EXTENSION AMITY-LINDER per IFB PW-181 1-10624.8 .$899,380.00 !899,380.00 Total Bid Schedule A NOT TO EXCEED CONTRACT TOTAL Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No.Description Quantity Un it Unit Price 303.4.1.C.1 EXPLORATORY EXCAVATION (lrrigation crossing)6 HR 5s0o 307.4.7.G.2 TYPE P SURFACE RESTORATION 8600 SY 5220,760 308.4.1.A.1 STEEL CASING PIPE BORING AND JACKING, 5TA 29+00 TO STA 29+20, 22" DIA .375 STEEL CASING (lrrigation Crossing) 30 LF s18,000 308.4.1.A.1 STEEL CASING PIPE JACKING, STA 74+60 TO STA 74+80,22" DIA .375 STEEL CASING (lrritation Crossing) 30 LF s18,ooo 401.4.1.A.1 WATER MAIN PIPE - 12" PVC C900llrrigation Crossing)1.2400 LF s446,400 401.4.1.8.1 WAIER MAIN FITTING - 16"X12' DI- RED 1 EA 5800 401.4.1.8.1 WATER MAIN FITTING - 12" DI . CROSS 2 EA 51,s20 401.4.1.8.1 WATER MAIN FITTING - 12" DI - 45 DEGREE ELBOW 77 EA s7,480 401.4.1.8.1 WATER MAIN FITTING . 12' DI - MJ CAP 2 EA S7 40 401.4.7.8.1 WATER MAIN FITTING - 12" DI FLGXMJ ADAPTER 74 EA s2,800 402.4.7.A.7 VALVE - 12" GATE VALVE 23 EA ss0,140 WATERMAIN EXTENSION AMIry . LINDER Project'10624.B page 13 of 14 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule 403.4.1.A.1 HYDRANT 77 EA S64,6oo 1001.4.1.A.1 SEDIM ENT CONTROL 1 LS s19,040 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL 1 LS s10,400 2010.4.1.A.1 MOBILIZATION 1 LS s3s,400 5P-1 TEMPORARY ASPHALT PAVING (only if approved by City of Meridian and ACHD in writing) {lrrigation Crossint) 150 SY S3,ooo WATERMAIN EXTENSION AMIry - LINDER Project'10624.8 Page 14 of 14 CITY OF MERIDIAN WATERMAIN EXTENSION AMITY-LINDER BID ABSTRACT BID OPENING 12/1/2017 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total Unit Price Bid Item Total Unit Price Bid Item Total Unit Price Bid Item Total 303.4.1.C.1 EXPLORATORY EXCAVATION (Irrigation Crossing)6 HR 175.00$ 1,050.00$ 150.00$ 900.00$ 300.00$ 1,800.00$ 500.00$ 3,000.00$ 350.00$ 2,100.00$ 307.4.1.G.2 TYPE P SURFACE RESTORATION 8600 SY 21.00$ 180,600.00$ 25.60$ 220,160.00$ 26.50$ 227,900.00$ 70.00$ 602,000.00$ 28.00$ 240,800.00$ 308.4.1.A.1 STEEL CASING PIPE BORING AND JACKING, STA 29+00 TO STA 29+20, 22" DIA .375 STEEL CASING (Irrigation Crossing)30 LF 640.00$ 19,200.00$ 600.00$ 18,000.00$ 525.00$ 15,750.00$ 500.00$ 15,000.00$ 750.00$ 22,500.00$ 308.4.1.A.1 STEEL CASING PIPE JACKING, STA 74+60 TO STA 74+80, 22" DIA .375 STEEL CASING (Irrigation Crossing)30 LF 640.00$ 19,200.00$ 600.00$ 18,000.00$ 525.00$ 15,750.00$ 500.00$ 15,000.00$ 750.00$ 22,500.00$ 401.4.1.A.1 WATER MAIN PIPE - 12" PVC C900 (Irrigation Crossing)12400 LF 48.00$ 595,200.00$ 36.00$ 446,400.00$ 42.60$ 528,240.00$ 45.00$ 558,000.00$ 35.50$ 440,200.00$ 401.4.1.B.1 WATER MAIN FITTING - 16"X12" DI - RED 1 EA 1,050.00$ 1,050.00$ 800.00$ 800.00$ 500.00$ 500.00$ 912.00$ 912.00$ 700.00$ 700.00$ 401.4.1.B.1 WATER MAIN FITTING - 12" DI - CROSS 2 EA 1,200.00$ 2,400.00$ 760.00$ 1,520.00$ 1,025.00$ 2,050.00$ 1,708.00$ 3,416.00$ 1,000.00$ 2,000.00$ 401.4.1.B.1 WATER MAIN FITTING - 12" DI - 45 DEGREE ELBOW 17 EA 580.00$ 9,860.00$ 440.00$ 7,480.00$ 750.00$ 12,750.00$ 814.00$ 13,838.00$ 1,100.00$ 18,700.00$ 401.4.1.B.1 WATER MAIN FITTING - 12" DI - MJ CAP 2 EA 400.00$ 800.00$ 370.00$ 740.00$ 350.00$ 700.00$ 712.00$ 1,424.00$ 250.00$ 500.00$ 401.4.1.B.1 WATER MAIN FITTING - 12" DI FLGXMJ ADAPTER 14 EA 400.00$ 5,600.00$ 200.00$ 2,800.00$ 350.00$ 4,900.00$ 616.00$ 8,624.00$ 300.00$ 4,200.00$ 402.4.1.A.1 VALVE - 12" GATE VALVE 23 EA 2,450.00$ 56,350.00$ 2,180.00$ 50,140.00$ 2,000.00$ 46,000.00$ 2,620.00$ 60,260.00$ 2,500.00$ 57,500.00$ 403.4.1.A.1 HYDRANT 17 EA 4,400.00$ 74,800.00$ 3,800.00$ 64,600.00$ 3,500.00$ 59,500.00$ 4,369.00$ 74,273.00$ 4,300.00$ 73,100.00$ 1001.4.1.A.1 SEDIMENT CONTROL 1 LS 18,000.00$ 18,000.00$ 19,040.00$ 19,040.00$ 20,000.00$ 20,000.00$ 19,700.00$ 19,700.00$ 6,000.00$ 6,000.00$ 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL 1 LS 9,000.00$ 9,000.00$ 10,400.00$ 10,400.00$ 21,500.00$ 21,500.00$ 21,530.00$ 21,530.00$ 15,000.00$ 15,000.00$ 2010.4.1.A.1 MOBILIZATION 1 LS 40,000.00$ 40,000.00$ -$ 35,400.00$ 36,500.00$ 36,500.00$ 65,000.00$ 65,000.00$ 70,000.00$ 70,000.00$ SP-1 TEMPORARY ASPHALT PAVING (only if approved by City of Meridian and ACHD in writing) (Irrigation Crossing)150 SY 15.00$ 2,250.00$ -$ 3,000.00$ 42.50$ 6,375.00$ 50.00$ 7,500.00$ 42.00$ 6,300.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL BASE BID 1,035,360.00$ 899,380.00$ 1,000,215.00$ 1,469,477.00$ 982,100.00$ KNIFE RIVERTITAN TECHNOLOGIES, INC DAHLE CONSTRUCTION SCHMIDT CONSTRUCTION BLUE SKY CONSTRUCTION E IDIAN IDAHO BID RESULTS atermain ExtensionBIDNAME: Am nder W 2:30DUE DATE & TIME: December 1 2017 IDB UN M B RE PW 1 1I 1 1 b0624. VENDOR t .9 E E E d) ! TD ! BID AMOUNT Atl.l,JafE tOpened by Attest: gd\-) L,O 5 Z Z zG2JZDa2aGa I I IIII anzaa GAGGa2IIIII II IIII Ftv) t'E Zt v.=Z ----1-7 cgBZ /oo i 1/;q 427 172- z-, l'zt5'. oa i>5lg- t <a kqg z-p- City Of uelidian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Incfuded In Report 60 - Enteq)lise l\:ad 3490 - (ater Construction Proiects Fron. 7A/1/207'l Through 9/30 /2018 Percent of Budget Remaining Budget uith Current Year Actuaf Budget Remaining 95140 DEPT EXPENDITURES TOTAL EXPENDITURES Caprtal Outlay WATERLINE EXTENS]ONS TotaL Capi tal Outlay 4,200,139=8 L 1,240 , 333-3L 4,200,339.84 4,204,339 .84 100-00r 100.00t 0. 00 0=0 0 0-00 0.00 4,204 ,339 -84 4,200,339.84 1,200,3:9.84 4,2O0,339 -84 100.001 100.00? ( I Dat.. Il/6/11 10:00:22 Al.l PublicWorks Search Page I of 1 rl print ComDanv L iccnsc U or k I iccnsc L icense ., -,.,. A olliczLnr O$ ncr Com oanv Companv ( ornDanv Com pan\ o"^.. Exniration Name Number Catccon Troc ekj! * N4!19 Name Atldress Q11 Slale Zipcude:Date Parent License Number fuil,:.,- 1g;00001 00002 LLC 90 Hwy 93 N SALMON D 33467 (208) 756- x241 6/30r018 https://web.dbs.idaho.gov/etrakit3/Custom,{daho publicWorksprint.aspx 12114/2017 DAHLCON.O3 F M CERTIFICATE OF LIABILITY INSURANCE 12t1312017 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 AlrlEND, EXTENO OR ALTER THE COVERAGE AFFORDED ByTHEpOLtCtESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER. TIONAL INSURED provisions or be endorsed. may require an endo6ement. A statement on o RT N T th tirti hhocatederaDADotTtNLSNREDU s haust DDpocv( UStf ROGA ONTI E D su ct to te nd itid thbj ol ct spop isth tecertifica does ot fer hts to h rrifi ate olh de su h do s (208) 269.3900 10677 38733 INSURERlSI AFFqR OING COVERAGE Pocalello Office Paynewest lnsurance, lnc, 275 S. sth Avenue, Suile #140 Pocatello.lD 8320'l Dahle Construction LLC 90 Hwy 93 N Salmon,lD 83467 PHONE ADoSqSS: - IrylllEaare in c in nati lnsurancq eelnpqdCl rNsuRER 8:Alaska National lns. co. INSURER C LlllguRER D rNslEE&E : COVERAGE CERTIF BER REV I\4BER NAMED ABOVE FOR THE POLICY PERIOD CUMENTWTH RESPECTTO WHICH THIS HEREIN IS SUBJECTTO ALL THE TERMS. UMlls CATED TAI NSRI STN S cTO ERT T T TH E POL ESC o N US C E ST ED B ELO VEHA EB EN SUS DE THTO E UNS ED N DI THNOTWI ST DN N ANG U REMEEO NT ET RM OR DITCON ON OF CONTNY CT o OTHE DO Ec RT CATE B E SS EU ORD ER N ETH N RANCESU RDE D B TH E OL ESct ESD C B DE USEXCL o sN DAN DTCON oNs o UCS POL c E Ls.M TS HOWNS HA BE EE REN UCD L)E BY D LAC SM UB OLEoNSNCENBE OAMAGE TO RENTED P-BEMISEI(E. occu enc6l !{ED ExP (Any one pe6oi) IERSONAL & ADV INJURY qENERALAGGREGATE 1,000,000 5oo,o00 10,000 1,OOO,OO0 2,OOO,O00 COM MERCIAL GEN ERAL LIABILIry EACH OCCURRENCE cLAIMs-MADE fil o""u"PP0134646 o4101t2017 041011201a 2,000,000 x PRODUCTS. C x x $ $ $ JECTtr IES lLrc co $ t,1L AUTOMOBI!E LIABILITY 1,000,000 04t01t2017 04101t2018 NON-OWNED AUTOS ONLY BODILY IiUURY (Per o€rson) r AOO,,",*r"" (o", """,0g!Ll c s s X X EPP0134646x x HIRED AUTOS ONLY (Ea.@ident) OWNED AUTOS ONLY COMBINED SINGLE LIMIT SCHEDULED AUTOS A 5,000,000 5,000,000CLAIMS MADE PP0134646 04t01t201a RETENTION$ x DED EXCESS LIAB EACH OCCI]RRENCE AGGREGATE x 17DWS10523 B OTHx $ DESCRIPT TIONS 500,000 E L EACHACCIDENT 500,000 500,000 EL DS I]N WORKERS COMPENSATION AND EMP LOYE RS' LIA AILITY ANY PROPRIEIOFI/PARTNE&EXECUTIVE OFFICERTI,IEMBER FTCL L)OFN'(rra.d.lory in NH) E L DISEASE. EA EM DE SC RTPTION OF OPERATTONS / rOCAloNs / VFHTCLES (ACORD I Ol, Ar'dhto.at R.m.rr(3 sch.dure, may be .tach.d t, more sp.c6 is requt,6d)R€forence Proi€cl: 10624.8 torman Extension Amity-Linder CE TEH CELLA RD CORPORATION. A rights reserved SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE. EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED INACCOROANCE wlTH T}IE POLICY PROVISIONS, City of Meridian Purchasing Department 33 E Broadway Ave Ste 106 Meridian, lD 83642 ("*l*^AUTHORIZEO REPRESENTATIVE acoRD 2s (2016/03) @ 1988-2015 ACO The ACORD name and logo are registered marks ofACORD Ar ,ACORD' I Ftht. N "), (87 7 | 5 1 2'27 5 1 o4to1t2o17 5 OCCUR 04!01t2017 04t01120,18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUIIY. COI.ITHACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsemant modifias insurance provided undsr he following: COMMERCIAL GENERAL UABIUTY COVERAGE PART A. Endoreement - Table ot Contents: Coveraoa: Beoine on Paoe:L 2. 3. 4, 5. 6, 7. 8. 9, 2 7I 9 ..................... 9Contol State or Politicat Subdivisio ns - Permits Relatin g to P(emisss;State or Political Subdivi sions - Parmits; andContraclors'Op€rations 10, Broaden ed Contactu al Liability - Work Wfr in 50' ot Railroad Property11.Prop€rty Damago Employ€o5 as lns ureds - Specifi ed ipment Health Care Servicas12. lo Bonowed Equ Nurses; Emergency Medical Technlclans; and Paramsdics 13. Broadened Notice of Oocurenc€ 9 10 .........,..'.,,.,.,,'....., 10 10 14 14 B, Umils ol lnsurance: nXr?f.ffffifffliljj:, Liabilitv Limits of lnsurance appry to he insurance provided by his endorse- 1. Employeo Benelit Liability Coverage Each Employee Limit: g 1,OOO,OOO . Aggragato Umir: $ 3,ooo:oooDeducribte: $ 1 ;o0O3, Damage lo prembes Rentod to you The Iesser of: a. The Each Occunence Limit shown in lhe Declaralions; orb. $8O0,000 unless othenrise slated g {. Supplemontarypaymonl3 a. Bailbonds: $ i,OOO b, Loss ofearnings: $ gSO 5. Medioal paymenrs Medioat Expense Limit: g . .IO,0OO cA 233 02 07 'tt#.B$#ig:l;"l.TiHT,:,;jll.:",lilIT pase 1 o, 15 Vendors; os€ mac 6,v^olunlary Property Damage (coverage a.) and care, cusrody o, conrrot Liability coverage(Covsrage b,) Umits of lnsuranc€ (Each Occunence) Coverage a. $1,000 Coverage b. $5,000 unle6s otherwiss stated $ .-- Deductibles (Each Occurrsllce) Coverage a. 9250 Coverage b.9250 unless othsrwis€ stated $ --COVEHAGE RATE (For Llmits in Excsss of s5,oo0) AOVANCE PREMIUM (For Llmils in Excess ol $s,o00) b Care, Custody or Conbol $ $ 11, Property Damage lo Bo[owod Equipmonl Each Occunence Limit: $ 1O,O0ODeductble: $ 250 C. Coveragee: 1 Employe€ Ben€fi1 Liebility @verage a. The following is added to SECflON I- GOVERAGES: Employoe Benefil Uability Covorage. - (1) lneuring Agreement (a) We will pay those sums that he insured becomss leoallv obligated to pay as d-am'- agos csused by any act, er- ror or omission ol the in- sursd, or of any oher per- son lor whose acts the in- sured ;s l€gally liable, towhich this insurancs ao-plies. We will have the right and duty to defend $e -in- sured against any "suit. se6king thoss damages. Howgver, we will have no duty to delend agalnst any"suit" seeking damages towhlch his insurance does not apply. W€ may, at our otscrettoni tnvestgate aDyreport of an act, srror oromisslon and sotte any cl .aim-or "suit' that may re-sull. But: 1) The amount wo wlll Dav tor damages ls limitoAas describad in SEGTtoNil-UMnsoF INSURANCE; and 2) Ou_r right and duty to defend ends whan we have used uo th€ ao- plicable limit' of insdr- ance in ftB paymsnt o[judgments or sett6- ments, No olher obligaton or liabil- ity to pay sums or psrform acts or set.ic€s is covered unless explicidy provided for under Supplomentary Pay- ments. (b) This lnsurance applios to damages only if th'e act, er-ror or omission. is neoli-gently committed in rs"administration' ol vour"€mploy€e benefit iro-gram";and 1) Occurs during the pol. tcy Psnod; or 2) Occuned prior to the effectivs dat6 o, this endorssment providsd: a) You did not have knowledge of a claim or "suit' onor b€Iore lho sf- ,ectivs date ol hls endors€msnt. You vrill be desmad to have knowledge of aclaim or "sult'when anv 'authorized rsore- s€ntative': GA 233 02 07 lncludes copyrighted material of lnsuranca Services Oflic€, lnc., wilh its permission.Page 2 ol 15 PBEMIUM BASIS (a) Area(b) Payroll(c) Gross Sal6s(Q Units(e) Olhsr D Fleports all, or any part, of theacl, snor or omission lo usor any oher tnsurer, ii) Beceives a written or ver- bal demand or claim for dam- sgss becausg ol lhe act, or_ror or omis_ sion; and b) There is no otherapplicable insur- anc6, (2) Exclusions This insurance does not apply to: (a) Eodily tniury, properry Oamage or Personai aniAdvortising lniury "Bodily injury','proDerty damage" or 'persohal anS advsrtising injdry'. (b) Diehonest, __ Fraudulent, Criminal or Malicious Act Damages arising oul ol anyintsntlonal, -dishonesl, kaudulsnt, criminal or malij cious act,.€nor or omission, committed by any lnsured, including lhe'willful or reck. less violatjon of any statuts. (c) Failure lo Porform a Con-lracl Damages arising out of hll_ ure of performanc€ of con- tract by any insuror. (d) lnsufliciency of Funds Pan'!qS.." arising out of anhsufttciency of funds lo meet any obligations underqny ptan included ln the'employee bansfit pro- gram . (e) lnadoquacy ol pertorm- ance ot lnvoalmenl / Ad- vic_e Given Wilh HesD€ctlo Participation Any claim based upon: 1) Failure of any invost- mont to psrform; 2) Enors. in providing In_ tormauon on pas! p€r_ formance of lnvsstrnent vohiclos;or 3) Advlce glven to anv person witr resp€ct t6that person's d'ecision to particlpat€ ot not trcparticipate in anv nlanincluded in the' rem- ployee benefjl Dro-gram'. (0 Workere' ComDensation and Similar Lawi Any claim arising out ofyour fallure to cornDlv with lhe mandatory provisibns ot any wofkers' compensation, un6mploym€nt comDensa- tion insurance, soclal secu- rity or disability banefits law or any similar law. (s) ERISA Damages for which any jn- sured ls liabls becausL of liability impos€d on a fiduci-ary by lhe Employee R€-tirom€nt lncome SecuritvAct ol 1974, as now oi hereattar amended. or bv any similar federal, ltate o'r local laws. {h) Available Benelits Any clalm lor benefits to thesxtont that such bensfitsare availabla, wih reason_ able elfort and cooDsration o, ttte insursd. trom the ao-plicable funds accrued br other collectible insuranca. (D Taxes, Fines or PEnaltios Taxes, fines or penaltiss including trose'imposed under the Intemal Reienue Code or any similar $tals or Iocal law. fl Employment-Rclated Practiccs Any liability arising out ofany: (1) Refusal to employ; (2) Termination of ploymBnt; 6m. (3) Cosrclon, demotjon.evaluaton, rsassion- menl, disciplins, d€-ra-maton, harassment- humiliation, discriminajtion or other employ_ GA 233 02 07 lnclud€s cqqyrighted malerial of lnsurancor€rvtces Omce, lnc., with its p€rmission.Page 3 o, 15 b, m6nfrelat€d practic€s, acts or omissions; or (4) Gonsequentiat liabilitu as a raiult of (1), (Z) or (3) abov€. This exclusion aDDlies wh€th€r the insured miv be h6ld liable as an empl6yer or tn any othsr capaclty andto any obligation to share damages with or repay som€ono gls€ who mustpay damages because of the inlury. (3) SupplemenlaryPaymonts gF.gltoJ{ I - covERAGEs,SUPPLEMENTABY PAY: MENTS"COVERAGESAAND B also apply to this Coverage. Who is an lnsured As respects Employee Ben6fit Liabil- ity Coverage, SECTTON ll - WHO lSAN INSURED is deleted in its en- tirety and rsplaced by the following: (1) lf you are designated in the Declarations as: - (a) An individual, you and your spous€ are Insur€ds. but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or loint ven- fure, you aro an insurod. Your members, your part. ners, and their spouses are also insureds but only with respoct to ths conduct of your business. (e) A trust, you ar6 an insured. Your tustees are also in- sureds, but only with re-spect to thelr duties as trostoss. (2) Each ol he following is atso an lnsu rsd: (a) Each. of your 'employees" who is or was auhorized lo administer your "employee benefit progiam'. (b) Any persons, otganizationsor 'employees' havingpropsr temporary authori- zalion to adminlstsr vour'employee benefit progiam' il you die, but only until your isgal representative is ap- pointed. (c) Your legal representative ifyou die, but only wlh rs- specl to dutj€s as such.That represenhtive will have all your rights and du- ties under this Coverage Part. (3) Any organlzation you nawly ac- quire o, torm, other han a part- nership, ioint venture or liriritedliability company, and over which you maintain ownershiDor ma.iority intsrsst, will qualifu as a Named lnsured if no'olhe'r similar insurance applies to thatorgantzaton. However, covor- age und€r lhis provision: (a) ls aflorded onty until the l8oth day atter you acquire or fom the organization or the end of trs policy period, whichever Is erirlier; dnd (c) A limlted liability company, (b) Does not apDlv to anv act.you are an insured. your eror or omiision tha[ waimembars are also insureds, commined t;i# ;;; ';: our onty wtth respect to ths quked or lormed 'the or-c,onOuct ol your businsss. gjaniZation.fouf manaoels are in. sureds, but -only wisr re- c' Limite ol lneurance spect to heir duties as yourmanasers. l: l"-:P-"-:E Emgloyee-Be.nefit Llabil- t.y coverago, SECTIOiI lll - LlMtfS(d) An organization other than gF INSUBANCE is deleted in its en-a parfiership, joint vsntur6 tirety and replaced by the following:'or limited liablllty company,you ar€ an rnsur6d. Your (1) Ihe- Umits of ln-surance shown,.x""rwd" oiiiliJi.a-lnj ljl ln Section B. . Umirs of tnsui_ rsotors a[e insuieOs-_t_uf ance, 1. E nproyee genetil U_ only with respact to theli aDlllty -coverage and the rules dudes as your'oficeii oi oi- bslow fix lhe .most we will pay rectors. vour "fo"]itioia"i! regardlass of the number ol: . . are also insureds. but onlvwirh r;sp;;i Ei;iiiiilu"riiii (a) lnsureds; as stockholders. Includ€s copyrighted material ol lnsurance Servtc€s OFlice, lnc., with its permisslon. pago 4 o, 15 GA 23s 02 07 (b) Claims made or "suits. brought; (c) Persons or organizations making claims or bringing 'suits"a (d) Acts, enors or omissions; or (e) penefits included in your'omployee bensfit pro-gfam". (2) The Aggregate Limit shown in S€ction B. Limils ol lnsurance,1. Employee Benetit Liability Coverage ol his endorsemedtls hs most we will pay for alldamagBs because of acts, er-rors or omissions negliginty committed in tho "aditiiistra'. lion" of your "gmployes bensfitproglam'. (3) Subject to the limit described in(p .qbg-ve, the. Each Emptoyee Limit shown in Section B, Liniitsof lnsutance, 1. Employee Benefir. Uabllity Coverige of thls endolsemsnt is th6 most w€wili pay for all damages sus- lsined- by .any one 'eriployee., including damages- susdineid bfsuch "employeet' dependenti and bensliciarles, as a iesult ol: (a) An act, enor or omission; or (b) A series of related acts, er-rors or omtssions, reqard. less of the amount ol-time that lapses bglwean such acts, anors or omissions, negligendy committed in he'adminlsbation" ol your 'em- ployee benefil program". However, he amount paid un-der this endorsemont ahall notexceed, and will be subiect tohe limits and resHctions *rat apply to the payment of bonefits in any plan included in tha .em- ployee benefit program". (4) D€duclible Amount (a) Our obligation to pay dam-ages on behalf of tre ln_surod appli€s only to lheamount of damag6s in ex_csss ot the deductible amount stated ln the Decla-rations as appllcable toEach Employeo. Th€ llmitsot tnsurance shall not bereduced by ths amount ofthis deductible. 2 (b) The deductible srhount staled in he Declarations applies to all damages sustainsd by any one "em-ployee", including such"employse's" dependants and beneficlaries, becauss of all acts, enors or omls.sions to which trls insur- anc€ appliss. (c) Ths lsrms of lhis lnsurance, including those with respeci to: 1) Our right and duty todelend the insuredagainst any 'sults, seeking lhose dam- ages; and 2) Your duties, and the duties of any othsr in- volved insurbd, in the evsnt ol an act, onor or omission, or claim, apply inespective of the application of the dsductible amount. (d) We may pay any part or all ol the dsductiblo amount toetfecl settlement ot anv claim or 'suit' and, upoi notification of tre action tak€n, you shall prompUy rslmburce us for such part ol the deductible amouni as we have paid. d. AdditionalConditions As rospects Employee Benefif Li-ability Cov€.ase, SECIION lV - coMtlrERC|AL -c'E}rrnaL iastt-lW CONDITIONS Is amendad as follows: (1) ltem 2, Dutisa in the Event ol Occurrence, Off€nse. Claim orSuit is deleted in its entirety and replaced by the following: qulies in the Event ol an Act, Enor oromission, ot Clairn or Sult a, You must sss to it hal we are noti_ tr6d as soon as praclicable of an act"enor.or omission which mqy result iria clalm. To the €xt6nt possible, no-tics should includa: (1) l{hat tre act, error or omission lyas and whsn it occuned; and (2) The names and addr€sses o,anyone who may suffer dam_sgss as a result o, ths act, enoror omission. G4233 02 07 'tl'J,::.?#g:;T,T?fi i[,;:*i"Tffi:"Pag€ 5 ot'ts b.If a claim is mad6 or "suit' is brought against any insured, you musl: (1) lmmediately record the specificsof $e clalm or'suit" and ths date recelved; and (2) Notify us as soon as practicabl6. You must se€ lo it hat we recsive writlen notica of tho claim or 'suit' as soon as praclicable. You and any oher lnvolved insured must: (1) lmmediately send us coples ofany dsmands, notices, sum- mons6s. or legal papers re-ceved tn connoction with the claim or 'suit"; (2) Authorize us to obtain records and ot!er information; (3) Cooperate with us in th€ investi- gation or sstUsment of the claimor defense against lhe 'suit'; and (4) Assist us, upon our requesl, inthe €niorcoment ot any right against any person or orfanlia- tion which may be liable to he insured becau6e of an acl, €nor or omlssion to which this lnsur- ance may also apply. No lnstrred will, except at that in. sured's own cost, voluntarily make a paym€nt, assums any obligation, or Incur any expenso without our con- s6nt. (2) ltem 5, Olhor lneurance is de- leted ln its entiroty and replac€d by the following: 5, Olher lnsurance lf other valid and collectible insurance is available to the lnsured for a loss we cover under. this Cov€rags part, our obligations are limited as follows: a. Primary lnsurance Thls insuranco is pri- mary except when c.below applies. ll trhis insurance .ls primary, our obligations are n6t atfecled unloss anv ofthe other lnsuranc6 is also primary. Then. wewill share irith all tratofrer insurance bv the metrod described'in b. below b. Method ol Sharing lf all of tha othsr insur- ancs permits conhibu- tion by equal shares,we wili follow this melhod also. Under thls approach each in- surer contibutes gqual amounts unul it haspaid its applicable limit of insuranbo or none olthe loss remains, vrhichever comes firsl lf any ot the other in- suranc€ does not per-mit conkibution ' bv equal shares, we w tconbibute by limits.Under this method, each insurer's share is based on the ratio of its applicable llmit of in. surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall notcover any loss for which lho insured is €ntiUed to recovery un-dsr any other insur" ance in force previous to lhe effective dale of this Coverage ParL Additional Detinitions As respecls Employee Benefil U-ability - Coveras6, SECTION V - DEFINIflONS is imended as fol- Iows: (1) The following dsfinitions ars add€d: 1,'Administration' means: a. Providing inlormatjon to''omployses", includinq thelr dependents and beneficiaries, with re- spect to eligibility ,or orscope of .emplovss benefit programsr; ' b. lnlorpreting the Ployee benefit grams'; c d. Handling records inconneclion with lhe'employse bonefil pro, grams'; or Eflecting, conlinulno orterminating any ,'-em. ployee's" participation e. 'em- pro- c GA 233 02 07 lncludes copyrlghted mqterial of lnsurance Sarvices Offico, lnc., wilh its permission. d Page 6 ot 15 2. b. Tho ,ailure to ef{ect or maintain any lnsuranceor adsquata llmits of coverage ol insurance. including but not limitedto unemployment in- suranc€, social securitv benefits, workers' com'- p€nsation and dlsabilitv benefits. "Cafetsria plans' meansplan authorized bv aoolica-ble law to atlow ' "ein'olov- ees' lo elscl lo pav for ce'r-lain bsnefits uiitfi ore-tax dollars 'Employee ben€fit oro.grams" means a prog;am provtdmg some or all qf the following benefits to "em- ployees", whether provided through a 'cafeteria plan' or oherwise: a. Group life insurance:group accident or hsallh insuranc€; den- tal, vision and hearinoplans; and flexiblEspending accounts:provided hat no ondoher than an "em- ployee" may subscrib€to such bsnefits and such bsnefits are madegenerally avallable to hose 'employees' who satisty he plan's elioi- bility requirehents; - b. Profit sharing plans,emptoyee savingsptans, €mployoo stock ownership plans, pen-son ptan6 snd stocksubscription olansprovided that nd ondoher than an "em.ployee' may subscribeto such bBnelits and such ben6nts are madegenerally avallabls toa "smployeos" whoare eligible under heplan lor such benefits; c. Unemployment insur_ance, social security in any b€nelit included in the "emplovee bene- fitprograni".' However,'administration' does not include: a. Handling payroll de- oucDons; or benefits, workers, com- pensation and disability benefits; and d. Vacatjon plans, includ- ing buy and sell pro- glams; l6aye of ab_sence programs, in- cluding military, mater- nity, family, and oivilleave: tuition assis- tanc€ plans; banspor- tation and healh btub subsidies. (2) The following delinitions are d€lelsd ln their entirety and re- placed by the following: 21. "Suil. means a civil oro- c€€ding in which mohey damagas because of anact 6nor or omission to which lhis insurance aoolies are allsged. 'Sult" incluies: a. An arbitration Dro- ceedlng in which such damagos are claimsdand to which the in- sured must submit or does submit with our consent; b, Any otfrer altemative dispute resolution oro_ ceeding in which s'uch damages are claimed and to which the in- sured submits wilh our @nsgnt; or c, An appeal of a oivil proceeding. 8, "Employee' means a Der- son. actively employed, for_meity gmploysd, on leavsol absence or disabled, orretired. 'Employee' in-cludes a .leasbd ' worker","Employee' doos not in_ clude a "temporary worker". Uninlenlional Failure lo Dieclose Haz_ards ii"rll'fl,''"bfrBHl5"f":'?:3S*: [:llTr',h:,Sfilillnamended bv t]ie addi- Based on our dependance uDon vourr€pJeEsrtations as &o axistinq h'azards. ifuntnren[ona y you should taii to discloieaI s_uch.tEzards at the lncaption datJ oi fili'ifiii:c'v"dl F:l t"i::! ::,;'iffi 3 2. G4233 02 07 ' t"i#::."8#:g:,FS,T?if ffi , #,Ifli.Iil:"Page 7 of 15 3 Oamage to Premisos Renled lo you a. The last Subparagraph o, paraoraDh2. SECTION I . COVERATES.@VERAGE A" . BODILY TNJURY 4!P.EEo_PEFTY DAMAGE; 2. a_ABILITY Exclusions is herdUy de- lstod and replac€d by the lollowrng: Excluslons c.. hrough q. do not applylo damags by fire, explosion, Iight'_ntng, smol(e or soot to premisss wntte rented to you or temoorarilv occupied by you with permislion dflne owner. b, The insurance provided under SEG T]ON I . COVERAGES, COVERAGEA BODILY INJURY 'AND PFOP.ERTY DAMAGE LIAB|UTy appiiesto 'propsrty damage'arising 6ut ofwater damags to premises that are both r€nted to and occupisd by you. (1) As. respects Water Damag€ Le-gal Liability, as providid in Paragraph 3.b, above: The exclusions under SECTIONI - COVERAGES. COVERAGEA BODILY INJURY AND PROPEBTY DAUAGE UABIL- lTY, 2. Exclugione, other than i.War and lhe Nuclear EnerovLiability Exclusion, are deletSS and the lollowing are added: This insurance does not apply lo: (a) -Property damage": 1) Assumed ir any con- lract;or 2)Loss caused by suitr'ng lrom any following: a) Wear and tear; b) Rust, conosion.fungus, decay, deterioration, hid- den or latent de. f6ct or any qualityrn propsrty that causas lt to dam-ags or deslroy it- self; M€chanicalbreakdown in- cluding rupturs orbursting caused PY cenEllugal lorc0: e) Seflling, cracking, snnnKng or sx- panston; or f) Nestlng or lnlesta- tion, or dischargoor rsl€ase ol waste products or secretions, by in- socts, blrds, ro_dgnts or other animals. (b) Loss caused dirac!,y or indj-recuy by any ol h; follow- Ing: 1) Earhquake, volcanicsruption, landslide or any ohor earth move_ meDl; 2) Water that backs uo orovsrflows from a sewer, draln or sump; 3) Wator under lheground surlace Dress-ing on, or flowiho or seeping through: - o) Foundations, walls, flools or paved surfaces; b) Basements, whsther paved or not; or c) Ooors, windows or oher openings. (c) Loss caused bv or resultinofrom water th'at leaks o-r flows lrom plumbing, heat. ing, air conditioning, or fireprolection systoms caused by or resulting from frsez. ing, unlsss: 1) You did your bssl tomaintain heat in th€ building or structure; or 2) You drained the equipment and shut ofl the water supply il th€heat was not main- tainad. (O Loss to or dsmag€ to: 1) Plumbing, heating, aircondttonjng, firs pro. toction systems, orother equipm€nt or ap_pttanoas;or 2) The intenbr ol anv buildlng or stsucture. o'rto personal proosrh; in the building or siructure or re- ol he c) d) Smog; GA 233 02 07 ' Bj',',*""tsi:g :,f:,HHi;? Jj$::jill:"Page 8 ol i5 4 causod.by or resultlng lrom rain, snow, slsetor ics, whether driven by wind or nol. c. Limil ol lnsutanee The Damage to Premises R€nted toYou Limit as shown in he Declara- tions is amended as follows; (2) Paragraph 6. of SECTTON llt -llMlTS oF TNSURANCE is hereby deleted and replaced byho following: 6, Subject to 5, above, heDamage to premisss Renteal to You Limit is the ['9i!_-!ry9 will pay under COVEFAGE A. 'EODILY INJURY AND PFOPERTY DAMAGE LlABtllTy, lordamages because ot'prop€rty damage" topremlsss while rented to you or temporarily occupi€d by you vvith psmission otths owner, arising out ofany ono "occunence' to which his insurance ap- plies. (3) The amount ws will pay is lim- ited as described in Settion B. Limil,s ol lnsuranco, 3. Dam-ag6 to Promia6s Bgnled to You of this endorsemont. Supplemenlary Paymonts !1{91_-s!cltoN I - covERAGE, sup- PLETiIENTARY PAYi,ENTS . cbvEn- AGES A AND B: a. Paragraph 2. is replaced by the lol- towtng: Up to tha limit shown in Section B.Umils ol lnsurance, {.a, Bail Bondiot this gndors€msnt tor cost of biilbonds raquired because ol accidentsor baflic law violations arisino out ofths.uso of any vehicle to wiich theuodtty hjury Liabilitv coveraoe ao_pli€s. . W6 do not have to 'tr:mijh mess bonds. b. Paragraph 4. is replaced by lhe fol_towtng: fllr?-qglqOE €xpenses incuned bythe,lnsured at our request to assijtus tn.the investigalion or defenso o,lns claim or "suit., including aofualtoss ot.eamhgs up to h6 l;mit shownln. sscton B- Limits ol lnsurance.{.D. Lo6s ot Eamings ol this enj ;o;ffiHi,ljfl", day because of rime 5. Medical Paymente The Medical Exponss Limit of Anv One Person as stated in tre Dsclaratiilns is amended to ha llmlt shown in S€ction B.Limils ol.lnsuranco, 5. Modical pay- menls of his endorsement. 6. Volunlary Property Damage and Care.cuslody or Cont;ol Liabilifi Coverage a. Volunlary Properly Damago Cov. erago We will pay tor "proporty damage,, topropsrty ol othars arising out of op. srations lncidontal to the insured's business when: (1) Damage is caussd by the in- sured; or (2) Damage occurs whlle in the in- sured's possession. With your conssnt, we will make theso paym€nts rsgardless of lault, b, Gare, Custody or Control Liability Coverago 9EQnqN t- covEBAGES, cov- ERAGE A" BODILY INJURY AND PROPERTY DAMAGE UABIUW, 2. ExcluBions, i. Damage lo prop€rly, subparagraphs (3), (a) and (5) donol apply to "property damagti, totne prop8rty of others described therein. Wth respect to the insurance Drovidsd bv this. section of the endorsem6nt, lhe fof- Iowing additional provisions apply: a. The Limlts of lnsuranco shown in the Dsclarations are replaced bv tre lim- its designated ln Section B. Limits oltnsurance, 6. Volunlary property Damage and Care. Custodi, o'IControl Uability Coverage oi trisenoorsomenl with rgspsct lo covor-ag€ provided by this 'endorsement. Thssa llmits ars-inclusivo of and noiin addition to the limits beino re-placed. The Limits ot lnsuiance shown in Section B. Umils of lngur-ance, 6. Volunlary property Dam_age .a_-!d care, Cuslody or ControtLiability Coverage ol this endorse-ment-ttx th6 most we will pay in anvone. occurrence. regardlesi of thirnumDsr ot: (1) lnsur€ds; (2) Claims made or .suits. brought;or (3) Persons or organizations mak_tng ctaims or bringing "suits,. QA 233 02 07 't1',H'"8,{g:,f 1,ff HTg;ilXiJ;fl l:Page 9 of ,s b. Deductible Clause (1) Our obligation to pay damageson your behalf applies only to the amount o, damagos lor each''occurrence, whlch - are in ex- cess of he deductible arnountstated in Section B, Umits otlnsurance, 6, Volunlarv proo- srty Damage and Cadr. CuL-tody or Control Liability Cov- orqge ol this endorssmerit. Th€ limits of insuranc€ will not be re. duced by he application ol such deductible amount. (2) Condition Z. Duties in the Event ol Occurrence, Otfens€. Claim or Suit, applies lo each Claim or'suit" Inespeotive of the amount. (3) We may pay any part or all o, th6 deductible amount lo effect ssttlgment of any claim or ,'suit" and, upon notification ol th6 ac- tion .taken, you shall prompUy relmburso us for such part of fre deductible amount as has been paid by us. 7. 180 D-ay Goverage tor Newly Formed orAcqulred Organizalions sEcTloN ll - WHo lS AN TNSUBED is amanded as lollows: Subparagraph a, ot Paragraph 4. Is hereby doletsd and replaced by tfre fol- towtng: a. Insurance under this provision is af- fordad only until tho i80th day afteryou acquire or ,orm h€ organlzationor the 6nd of he policy period, whichevar is earlier; 8. Waiver ot Subrogatlon SECTION IV. COi,IMEBCIAL GENERAL UABIUTY CONDffiONS, 9. Transtor olHighls o, Becovory Agiinst Otherc ro Us ls horeby amended by lhe additjon of tfie followinj: We waivs any right ol recovery we mayhave bscause ol payments wa make for rnJUry or damags arising out of your on-gotng opgratons or -your work- done un-der a written cohkact requlring suchwaiyer with that persoo or brgaiizationand includBd in the .products jomoleted operations hazard'. However, our'riohtimay only .be wafued prior to ihe ;ociui- ronoa-,gtying ,se to the iniury or damagetor which we make paynierit under th"lsuoverage. parl. The insured must donothtng after a loss to impalr our riohts.AI our request, ths lnsured will brino rsuit" or.transfsr lhos€.rights to us and h-elp uientorc€ those rights. AuloDalic Additional lnsured - Speci-tied Relalionships a. The following is h€rebv added (o SECTION II . WHO IS AN INSUBED: (1) Any person or organization ds-scnbed in Paragraph 9.a.(2) below (hereinafter refened to hi addltional insured) whom vou are required to adtJ as an aldi- tional insured under this Covsr- age Part by reason of: (a) A wdtten contraol or agrsemsnt; or (b) An oral agreament or con- tract whers a certificate of insurance showing that p6r- son or organization as an additional insured has besn issued, is an lnsured, provided: (a) The wdtten or oral contract or agroem8nt is: 1) Cunently in sff€ct orbecomes eflective -during the policy pe- riod;and 2) Executed prior to an 'occunencd' or offens€ to which his insurance would apply; and (b) They are not soocifically namod as an adciitional in'- sured under sny othsr pro- vision ot, or ehdorssmentadd€d lo, his Coverage Part. (2) Only the lollowing persons ororganizations are additional in- sureds under thls endorssment,and insuranc€ coveraoo oro-vided to such additio-nal ' in- sureds is Iimlted as provided herein: (a) The manager or lessor of apremises lsasad to you with whom you have agieed per Paragraph 9.a.(1) -above toprovide lnsuranc€. bul onlv with resp€ct to liabillty ari8'_ lng. out ot the ownership, maint€nanc€ or use of hhipan of a premises leased toyou, subjsct to tre following addilional exclusions: This insurance doss not epply to: f) Any "occunsnce" which lakes placa afler 9 GA 233 02 07 lnclud€s copyrighted material ol lnsuranceti€rvlces Oflic€, lnc., with its permission.Page 10 ot 15 you c6ase to be a ten- ant in that premisss. 2) Structural alterations,new construction ordsmolition operations perlofmed bv or on be- half ol such additionat insured. (b) Any psrson or orqanlzationfrom which vo-u lease €quipment with'whom vou have agreed per paraoraDh 9.a.(r) abovo to provids in- suranc6. Such person(s) or organization(s) are insureds solely wlh rbipect to treir liability arising out of the maintonance, operation oruss by you of €quiDment leased to you by sirch per- son(s) or organizationi(s). Howev6r, this insuraricb does nol apply to any ''oc- cunence' which takes olace affer 0re equipmant lease axplros. (c) Any person or organlzation (refsngd to bolow as ven- dor) wih whom you haveagreed Der Paraoraoh 9,a.(1) ab<ive to proviiie in- surance, but only wllh 16- spect to 'bodily injury' or''propglty damage' arising out ot'your products" which ar6 disEibutsd or sold in the regular coursE ol tho ven-dot's business. subl6ct to the following aiditioial ex- cluslons: 1) The insurance affordedth€ vendor does not apply to: a) "Bodity injury. or"property damage,, for whlch the v6n- dor is obligated topay damages by reason of tte as- sumption of liabil. ity in a contracl oragreemsnt. This exclusion does not apply to liabillty for damagas that h€vendor would have in ttre ab- senc€ of lhe con_ c) Any physical or chemlcal chanoein the produ-ct made intantional,y by lhe vendor; d) Repackaging, un-less unoacked solely for tre pur- pos€ of inspection, d€monstration, l€sting, or hesubstitution olparts undel in" suuclions lrom hs manulactu16r, andthen repackagedin th6 odginal conlatngr; e) Any failure tomaks such in- spections, adjust- meftts, t€sts or servicing as thevendor has agreed to make ornornally under- takos to maks inhe usuql courssof business, inconnection witr the distribution or sale of the prod- ucts; 0 DemonsEation, in- stallalion. servic- ing .or repah op-sraEons, oxceptsuch operations perlormed at h6 vendor's premises in conneition withthe sals of bs product; g) Products which. after distribution oi sale by you, havebeen labeled or relabeled or ueedas a container, part or ingredisnt ot any other thlng or substanc€ bv or lot the vendor - 2) This insurance doesnot apply to any ln-surso person or or_ganization: a) From whom younaya acouired such producG, orany ingredient,part or contalner. entering into, ac- fact ol ment; agrss- Any express war- ranty unauthorized by you; GA 233 02 07 b) ' Ti$= ""ts#g:,f:,ff fi il,:, ;j#gil:"Page 11 ol 15 "products- completed opera- tions hazard,' hasbeen excluded under this Cover- age Part wih re-sp€ct to such products. (d) Any state or politicat subdF vision with which vou haveagre€d per PiraOraph 9.a,(1) above to provide in- surance, sub.lect to h6 fol- lowing addltional provision : This insurance appliss only with t€spect lo tha followino hazards for which he stat6or political subdivjsion has issu6d a pormit in connec- tion with premises you own, r€nt or conbol and to which this lnsurance applies: 1) The existenoe, mainte-nancs, repair, con. struction, erection, or removal of. advertising srgns, awntngs, cano_pies, cellar entrances. coal holes, driveways, manhol€s, marquoos. hoisl away opahings, sidewalk vaults, stre€t bann€rs, or dscora- lions and similar sxpo- sures;or 2) The construction. erec- tion, or removal bl ele. vators;or 3) Th6 ownership, main- tenance, or use of anv e,evalors covered bi this insurance. (o) Any state or political subdl- vlsion wlh whlch vou havaagreed p€r paraqraoh 9.a,(1) abcive to provide in- surance, sublect to the fol- lowing provlsibns: 1) This lnsurance aoolies onty with respect td oo- erations performed 6yyou or on your behall for vyhich the state or political subdivision has issued a pstmit. 2) This lnsurancs does not -apply to "bodily in-jury', 'property <iam- age' or "personal andqdvertising injury' aris-ing out o, operations p€rlormed lor the stat€ or political subdivislon. (f) Any person or organization vrith which you have aoreedpgr Paragraph 9.a,(1) above to provide insurance, but only with resDsct to li- ability arislng oui of 'your work' per{ormed for -lhat additional insured bv vou or on your behalf. A p6rlon or organizalion's statirs as an insured under thls provision of his endorsemerit contin- ues for only the period of lime requir€d by tlie written contact or agr€ement, but tn no event beyond lh€ sx_ piralion date of this Cover- age Part. lf there is no wrlttsn contract or aor€e- m€nt, or if no period ol-timeis required by the writtenconbacl or agresmant, aperson or organization,s status as an insurBd und€rthis endorsgmsnl ends when your operations lorhat insured arb completed. (3) Any insurance provided lo anadditional insurbd desionated under Paragraph 9.a.(2): - (a) Subparagraphs (e) and (0 does not aDDlv to "bodilv injury' or 'prbf eirty damage'" included wirtiin [he "pr6d- ucts{ompl6ted operdtions hazard"; 'o' tioJ,T?f':B:: [* li] Ji]'bodity _ injury", ,'pioperty damage" or -persohal andadvertislng iijury" arisingout ol the sola neolioence or willful misconduc't 6f thsadditional insursd or thok agents, 'employees, or any othar repredeniative of th6 additional insured; or (c) Subparagraph (0 doss not 9PPIY to "bodily injury','property damagd. or '.p6r. sonat and adyertising injiJry' anstng out or: 1) Defects in desiqn fur_nishod by or on-behalf companying containing products; or or such b) \{hen liabil cludsd with ln- thaItY IN GA 233 02 07 'Tjf,:#8,il:.::,fj.,Ti'il,:, ;j j*:iltl.:" Page 12 ot 15 of the additional in- suredi or 2) The rendering of, or lailure to reniler. anvprofesslonal architec'- h.rral, engineering or surveying servlc€s, in- cludlng: a) The preparing, approvlng or faiF ing to prepare orapprove maps,shgp drawings, op,ntons, reports, survays, field or_ ders, change or- ders or drawinos and specification's; and b) Sup€rvlsory, in.spsction, archi- techJral or snoi- neering activitiesi 3) "Your work" tor which a consolidat€d (wrap-up) msurance program has been providsd by ths pnmecontractor_projecl managsr or owner of ths constructrbn pro,ectin which you dre -in- vofued b. Only with regard to insurance Dro-vided to an additional insured ddsiq. nated undsr Paragraph g.a.(Z) SuE- paragraph (t) above. SECTION lll - UMITS OF iNSUBANCE is smended to include: The limits applicable to ths additional insured are hose specified in hewritten conkact or adreement or inhe Declaralions of -ihis Coveraos Part, whichever are less. lf no limliar6 specifisd in the wrinen contractot agre€ment, or if hers is no writtsn conuact or agr€emBnl, he limits aD_plicable to the additjonal insured aiethos6 specifiBd in the Declarations ofthis Cov€rags part. The limits of in_surancs are inclusive ol and nol inaldt0on to the limits of insurance shown in the Declarations. c. gEqIqN tv - coMMEBcIAL GEN.ERAT. UABILITY CONDfiON''iS hereby amendod as follows: (1) Condition 5. Olher lnaurance isamondsd to includ6: (a) Where required by a wriflen contract or agreemsnt, thlsinsuranc€ is primary and /or nonconkibutory as re_ spscts any other insurance policy lssued to he addi.tional insured, and suchoher insurance policy shall bs €xcess and / or noncon- tributing, whichever applies, wi0r $is lnsurance. ' (b) Any insurance provided bv thls endorsemant shall b6primary to other insurance available to he additional insured excspt: 1) As othanrise providedin SECTION IV GOMMERCIAL GEN-EBAL UABILIry CONDITIONS, s. Oher lnsuranco, b. Excoss lnsurance;or 2) For any other vatid andcollectible insurance available to the addi-tional insured as an additional insured by attachment of an 6n- dorsement to another insuranco policy that is written on an sxcsssbasis. ln suoh case,h6 covBrage providsd under this endorse- m€nt shall also be ex- ce6s. (2) Condition 11. Conlormance toSpecilic Written Contracl or Agre€menl is horeby added: 11. Conlormanco lo SDocWrillen Conlraci Agrecmenl ific OT \Mth respect to additional insureds described in para- graph 9.a.(2)(f) above onty: ll a written contract oragrsoment between vouand the additional insrired specifies that covsraos for the additional insured:- a. Be providod by tre ln-surance Seryices Ot-fice additional insuredlom numbsr CG 20 10or CG 20 37 (where edition specified)j or b. lnclude coverage forcompletsd operatjons: or c. lncludg coverao€ for'your work"; and where h6 limits or cov-erage provid€d to he addi- GA233 02 07 lncludes co_p-yrighted materlal of lnsurance)€rylc6s oflice, lnc., with ils permission.Page 13 ol 15 tional insured is more re- strictive than was specifi- cally requlred in that \irrittsn conlract or agroomont, thet6rms of paraoraohs e.a.(3xa), g.a.(sxb) ;r i).b. abovei or any combination thareof, shall be intomrotedas providing ths tiniits orcovsrage r8qulred by the terms ol he written coiuactor agreement, but onlv to the extent thal such limiis orcoverago is included withinthe terms of lhe Coveraos Part to which this endorsL_ ment is attachod. lt, how- ever, the written contract or agr€sment specifies the ln-surance S€rvicos Officeadditional insursd form number CG 20 10 but does not speoify which edltion, orspecifies an €dition that does not exist. paraqraohs 9.1(s)(a) and e.a.(3ftbj otIhis endorsBment ahall'not apply and paragraph 9.b. ofthis ondorsement shall ap- Plv. 10, .Broadened Conlractual Uability - WorkWlhin 50' of Railroad Proporty- It is hereby agreed that ParaqraDh l.{1} of Definition 12. "lnsured con-traif (SEc- TION V - DEFINITIONS) is deteted. ' 11. Properly Damage lo Bonowed Equip ment a. The following is hereby added to Ex- clusion j. Damage lo Properlv ol Paragraph 2,, Exclusions bf SEG NON I. COVERAGES, COVERAGEA BODILY INJURY AND PROP. EBTY OAIIIAGE LIABIUW: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or eouiD- ment loaned to you, provided ihriv are not being used lo derform opera: tions at the time of losi b. With respect to the insuranc€ oro-vided by this soction of h€ '6n_ dors€msnt, the followlng additional provrstons apply: (r) The Limits ot insurance shownin th€ D€claralions are reolaceJby the limits desjsnated ii Ssc.tion B, Limils ol fnsuranc€ 1.t- of this endorsement with reibecito coveraga provided bv 'this €ndorsemsnl. These llmits arainclusive of and not ln addition iJths .limits being replaced.- ThJLtmns of lnsuranc€ shown inSection B. Umib o, tneurance, 1 1. ol his €ndorssment fix th6 most we will pay in any one .oc_ cunence. regardless ol the numb€r ofi (a) lnsureds; (b) Clalms made or ,suits, broughq or (c) Persons or organizationsmaking claims - or bring "suits'. (2) Deduclible Ctause (a) Our obligation to pay dam_ ages on your behalf aoplies only to ths amotrnt of dam_ ages for each ,occunence. which are in sxcsss ol lhe Deductible amount statsd in Section B. Limits of lnsur- ance, 11, of his endorse_rnent. The limits of insur_ ancg wlli not be reducsd bv ths application of such De-_ ductible amount. (b) Condition Z. Duties in thoEvenl ol Occurlence, O[.lonse, Claim or Suil. ao_ plies to each claim or ,suil. lrr€spsclive of lha amount. (c) We may pay any part or all of the deductible amount tooffect settlsmsnt of anvclaim or ,suit', and- uooi notiticaton of the ac'tiontakan, you shall prompfly retmDurs6 us for such part of lhe deductible amouni as has been paid by us. 12. Employ_ees _as lnsureda - Specilied Heallh Care Services It is h€reby agreed hat paraoraoh ?..e.(!Id) or sEcTtoN [ - wHo tS ANINSUREO,.does qoJ appty to youi-'em-ployees' who provide !rbfessio-nal healfrcare serytc€s on your behall as duly li_cens€d: a, Nurses; b. EmergencyMedicalTechnicians; or c. Paramedics, in t:.e jurisdiction whgre an.occunence.or offense to which lhis insuranca ipptiestakes placo. 13, Broadened Nolice of Occurrence P.aragjaph a. ol Condition 2. Duties inthe. Evgnl of Occurrenco, Oflgnse,Claim or Suit (sECTtoN lv - CofiiiEi:CIAL GENERAL UABIUTY. .ci,-ilDi. GA 233 02 07 lnclud€s col_yrighted material ol lnsurancensrvtc€s Ottic€, lnc., with its pemission.Page 1{ ol15 I|9!VS) !l hereby deteted and reptaced by the following: - a. Yoq must seo to it that ws are noti-fied as soon as practicable of an'occunence" or an otlense whichmay result in a claim- To hs extent Possibls, notice should include: (1) How, when and where tle'oc- cunence' or otfsnse took place; (2) The nam€s and addressss olany injured persons and wlt. nEssss:and (3) The nature and location of any iniury or damaqs arisino out o'f the 'occunence- or otfen-se. This requkement applies only whsnths 'occu116nce' or'dffense ii known to an'authorized rspresantative,. GA 233 02 07 lnclud€s co?_yrighted mat€rlal of lnsuranco 5€rvloes umc€, lnc., Mh its permission.Pag€ 15 o, 15 TH]S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAR.EFULLY, CinciPluso BUSINESS AUTO XC+@ (EXPANDED COVERAGE PLUS) ENDORSEMENT, WITH POLLUTION LIABILITY FOR COVERED AUTOS This endorsement modifies insurance provided by the following BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modlfied by this endorsement. .z A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI. TlOt'lS, A" Loss Conditions, 5. Transfer of Rights of Recovery Against Othe6 to Us is amended by the addition of the icllowing: We walve any rlght of recovery we may have against any person or organization because of paln'nents we make tor "bodily injury" or "property damage" arising out of the operation of a covered "auto' lvhen you have assumed liability for such 'bodily injury" or "property damage" under an "insured contract". provid- ed the "bodily injury' or 'property damage" oc- curs subsequent to the execution or the 'in- sured contract". B. oncontributorylnsurance SECTION IV . BUSINESS AUTO COiIDI. TlOt{S, B. General Conditions, 5. Other ln- surlnce c. is replaced by the following: c Regardless of the provisions of par- ?graph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lla-bility assumed under an .insured contract- that requlres liability to be assumed on a primary noncontributo- ry basis. This provision is llmited to the scope of the valid written contract. This provision does not apply unless the valid Mitten contract has been: 1. Executed prior to the accident causing 'bodily injury' or 'property damage"; and 2. ls stlll ln force at the tlme of the 'accident" causing "bodily injury" or 'property dam- age'. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Scction ll - Liatility Coverage, A Coverage, 1. Who is an lnsured: An "employee- of yours is an 'insured,, while operating an "auto. hired or rented under a contrad or agreement in that 'employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes ln General Corditions SECTPN IV. BUSINESS AUTO CON. DITIONS, B. Generat Conditions, 5. Oth€r lnsurance is amended by replac- ing Paragraph S,b. with the follo$iing:' b. For Hired Auto Physical Damage Coverage the following are deemed to be covered 'autos'you own: (1) Any covered 'auto" you lease, hire, rent or borrow! and (2) Any covered 'auto. hired or rented by your ,,employee under a contract in that individual ,em- D. Additional lnsured by Contract SECTION II . LIABILITY COVERAGE, A" Coverage, l. Who is an lnsured is amended to include as an insured any person or organi- zation with which you have agreed in a -valid Mitten contract to provide insurance as is af- forded by this policy. AA 292 01 16 lncludes copyrighted material of ISO Properties, lnc., with its permissjon.Page 1 of 5 ployee's" name, with your per- mission, while performing duties related to the conduct of your business. However, any "auto' that is leased, hired. rented or borrowed with a driv- ef is not a covered "auto,. E. Audio, Visual and Data Electronlc Equlp- ment SECTION III . PHYSICAL DATIAGE COV. ERAGE C. Limit of lnsurance is amended by adding the following: 4. The most we will pay for all "loss' to audlo, visual or data electronic equipment and any accessories used with this equipment as a result of any one 'accident" is the lesser of: a. The aclual cash value of the damaged or stolen property as of the time of the 'accident': b. The cost of repairing or replac- ing the damaged or stolen prop- erty with other property of like kind and quatity; or c. $2.500. Provided the equipment. at the time of the'loss" is; a. Permanently installed in or upon the covered *auto. in a housing, opening or other location that is not normally used by the ,'auto,, manufacturer for the in stallation of such equipment; b. Removable from a permanen y installed housing unit as de_ scribed in Paragraph 2.a. above; or c. An integral part of such equip_ ment. F. Pollution liability Broadened Coverage for Cover€d Auto6 1. Coverage a. Section ll - Liability Coverage is changed as follows: (1) Paragraph a. of the .pollutant. Exctusion (Section ll - Liability Coverage, B. Exclusions) ap-pties only to tiabitity assumed under a contract or agreement. (2) With respect to the coverage af-forded !y paragraph -a.(1) above, Exclusion 8.6. Care, Cu$ody, or Control does not appty. 2. Limit of lnsurance a. The Per'Accident" Limit is $25,000. The Per "Accident" Limit is the most we will pay for the total of alt damag- es and 'covered pollution cost or ex- pense'resulting from any one "acci- dent" cover€d by ths endorsement. subject to the limit for pollution Lia- bility Broadened Coverage. the most we will pay for all 'bodily injury,, 'property damage' and "covered pol- lution co$ or expense" combined, resulting from any one .accident,,, is the Limit of lnsurance for Liabitity Coverage shown in the Declarations. b. The Aggregate Limit is $25,000. The Aggregate Limit is the most we will pay for the sum of all damages and 'covered pollution cost or expense* involving insurance provided by this endorsement. The Aggregate Limit applies separately to each consecu- live annual period and to any remain- ing period of less than '12 months, starting with the b€ginning of the pol- lcy Period shown in the Declarations, unless the Policy Period is extended afier lssuance for an additional peri- od of less than 12 months. ln that case. the additional period wi be deemed part of the last preceding pe- riod for purposes of determlning the Aggregate Limit. 3, Prop€rty Damage Liability Deductible The 'Property Damage' and .Covered Pollution Cost or Expense. Liability Cov- erage Deductible is $500. The damages that rrculd othenvise be payable under Section ll - Liabiligr Coverage for 'prop- erty damage" and "covered pollution cost or expense" caused by any one "acci_ dent" will be reduced by the .property Damage" and 'Covered pollution Cost or Expense' Liability Coverage Deductible prior to the application of the Limit of ln_ surance provision. 4. Our Right to Reimbursement To settle any claim or .suit,, we will pay altor any part of any deductible shown in this endorsement. you must reimburse us for the deductible or the part ot any de_ ductible we paid. AA 292 01 16 lncludes copyrighted materiat of ISO Properties. Inc.. wlth its permissjon.Page 2 of 5 5. Definitions Sectlon V - Detinitions, D. "covered pol lution cost or expense' is deleted in its entirety and replaced by the following: D. 'Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory require- ment that any 'insured' or others tesl for, monltor. clean up. re- move, contain, treat, detoxity or neutralize, or in any way re- spond to, or assess the effects of 'pollutants"; or 2. Any claim or 'suif by or on be- half of a governmental authority for damages because of testing for. monitoring. cleaning up, re- moving, containing, treating, de- toxi9ing or neutralizing, or ln any way responding to or as- sessing the effects of 'pollu- ta nts". "Covered pollution cost or expense' does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, mlgration, release. escape or emission of 'pollu- tants': a, Before the 'pollutants'or any proper- ty in which the 'pollutants' are con- lalned are moved from the covered 'auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the 'insured'. b, After the 'pollutants" or any property in which the 'pollutants" are con- tained are moved from the covered 'auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the 'insured'. Paragraphs a, and b. above do not apply to .accidents'that occur away from premises owned by or rented t6an 'insured' Wth respect to ,,pollu- tants" not in or upon a covered ,au- to", if: (1) The "pollutants' or any property in which the 'pollutants,' are con- tained are upset, overturned or damaged as a result of the maintenance or use of a covered 'auto"; and (2) The discharge, dtspersat, seep_ age, migration, release, escape or emission of the ,,pollutants,' is caused directly by such upset, overturn or damage. G. Who is an lnsured - Amended SECTION II - LIABILIry COVERAGE, A" Coveragg 1. Who is an lnsured is amended by adding the following: The following are 'insureds": 1. Any subsidiary which is a legalty incorpo- rated entity of which you own a financial interest of more than 500/0 of the voting stock on the effective date of this cover, age form. However, the insurance afforded by this provision does not apply to any subsidiary that ls an 'insured- under any other au- tomobile liability policy, or rrould be an 'insured' under such policy but for termi- nation of such policy or the exhaustion of such poljcys limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority omership. The insurance provided by this provision: a. ls effective on the date of acquisltion or formation. and is afforded for 180 days afrer such date: b. Does not apply to 'bodily injury' or 'property damage' resulting from an 'accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership: and d. Does not apply to an insured under any other automobile tiability poticy, or uould be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cys limits of insurance. 3. Any of your 'employees' white using a covered 'auto' in your business or your personal atfairs, provided you do not own, hire or borrow that "auto,. H. Uabilig Coverage Extensions - Supple- mer ary Paynr€nts - Hlgher Limits SECTION II . LIABIL]rY COVERAGE, A. Coveragg 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Lim[ of lnsurance for bail bonds with $4,000 in (2): and 2. Replacing the $250 Limit of lnsurance for reasonabte expenses with gS00 in (4). AA 292 01 16 lncludes copyrighted material of tSO Properties. lnc., with its permission.Page 3 of 5 t.Amended Fellow Employee Exclusion SECTION ll - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modrfied as tollows. Exclusion 5. Fellow Employee is deleted. Hired Auto - Ph)6ical Damage a. The number of days reasonabty re- quired to repair the covered ',auto". lf 'loss. is caused by theft. this number of days is added to the number of days it takes to locate the covered 'auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- cured: or b. $50 per day. 4. This coverage does not apply while there are spare or reserye .autos" available to you for your operations. 5. We will pay under this coverage only that amount of your rental reimburs€ment ex- penses which ls not already provided for under SECTION - pHyStCAL DAM-AGE COVERAGE, A" Coverage, 4. Coverage Extensions. Transportation Expense - Higher Limits SECTION III . PHYSICAL DAMAGE COV. ERAGE, A" Coverage, 4. Coverage Exten- sions, is amended by replacing S20 per daywith $50 per day. and $600 maximum with $1.500 maximum in Extension a. Transpor-tatbn Expens€s. Alrbag Coverage SECTION III . PHYSICAL DAHAGE COV-EBIGEI B: Exclusions, 3.a. is amended by adding the ,ollowing: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This cov€rage for airbags is e-xcess over any other collectible insurance or warranty. Loan or Lease Gap Coverage 1. SECTIOI{ III - PHYSICAL DAMAGE COVERAGE, C. Limit of lnsurance is deleted in its entirety and reptaced by the following, b-ut only for private passenger type "autos'with an original loan or leale. and only in the event of a ,total loss,, to such a private passenger type.auto,: a. The most we will pay for ',loss,, in any one "accident. is the greater of: (1) The amount due under the termsof the lease or loan to which your.covered private passenger type 'auto" is subject. but wiltiot include: J. lf hired "autos" are covered 'autos. for Liability Coverage. then Comprehensive and Collision Physical Damage Coverages as provided un-der SECTION III . PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos' you hire. subject to the fol- Iowing: 1. The mosl we Wll pay for .loss. to any hired 'auto" is $50.000 or the actuat cash value or cost to repair or replace, which_ ever is the least. minus a deductible. 2. The deductibte wi be equat to the largest deductible applicable to iny owned ,,a-uto', lor that coverage. or $1,000. whichever is less. 3. Hired Auto - Ph)6ical Damage coverage rs excess over any other collectible insur_ ance. 4. Subject to the above limit, deductible. and excess provisions we will provide cover- age equal to the broadest coverage appli_ cable to any covered "auto,, you own un- der this policy. Coverage includes loss of use of that hired au-to, provided it results from an "accident. for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most wb willpay for any one ',accident,, is $3.000. lf a limit for Hired Auto - physicat Damage is shown in the Schedule, then that timit re"ptac- es, and is not added to, the $50,000 limit ind! cated above. Rental Reimbursement SECTION III . PHYSICAL DAHAGE iSamended by adding the following: 1. We will pay for rental reimbursement ex-penses incurred by you for the rental of an 'auto' because of a .loss' to a covered"auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductjble applies to thls coverage. 2. We will pay only for lhose expenses in-cun€d during the policy period beginning 24 hours after the .loss- and ending. relgardless of the poticys expiration,'withtne tesser of the following number ofoays: L. M. N K. AA 292 01 16 lncludes copyrighted material of ISOProperties, lnc.. with its permission.Page 4 of 5 (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage. excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life ln surance. Health. Accident or Disabll-ity lnsurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreclation and physical condition will be made in de- termining actual cash value at the time of "loss'. 2. SECTION V - DEFll,llTlONS is amended by adding the following, but onty tor the purposes of this Loan or Le6e Gap Coverage: 'Total loss' means a 'loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. O. Glass Repair - Waiver of Huctible SECTION III - PHYSICAL DA AGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to gtass damage if the glass is repaired in a manner acceptable to us rather than replaced. P. Duties in the Event of an Accident, Claim, Suit or Loss - Am€nded sEcTtoN tv - BusttitEss AUTO CONDT- TlOt{S, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the 'acci- dent'or'loss" is known to: 1. You, if you are an individual; 2. A partner. if youarea partnership: 3. An executive officer or insurance manag- er. if you are a corporation; or 4. A member or manager, lf you are a lim- ited liability company. Q. Unintentional Failure to Disclose Hazards SECTON IV - BUSINESS AUTO CONDI. flONS, B. General Conditions, 2. Conceal-ment, Uisr€presentation or Fraud is amended by adding the followng: However, lf you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form becaus€ of such failure. R. Mental Anguish Resulting from Bodily lnju- ry SECT|ON V - DEFINITIOI{S, C. "Bodtty inju-r!/' is deleted in its entirety and replaaed'by the following: -Bodily iniury" means bodily injury. slckness or disease su$ained by a person. including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodity in1ury' does not include mental anguish or Oeatti iat does not result tom bodily injury. sickness or disease. S. Coverage for Certain Opemtions in Con- n€ction yvith Railroads With respect to the use of a covered ,,auto,, in operations for or affecting a railroad: 1. Section V - Definitions, H. 'lnsured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. 'lnsured con- tract", 2.a. is deleted. AA 292 01 16 lncludes copyrighted material of ISO Properties, lnc., with ils permission.Page 5 of 5 AD AlaskaNational INSURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirec y to benefit any one not named in the Schedule. SCHEDULE Any person or organization for whom the Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the dateissued at 12:0'l A.M. standard time at your mailing address shown in the policy. The information below is requiredonly when this endorsement is issued subsequent to commencement ofthe policy. Endorsement Effective 4-1 -20.1 7 lnsured Dahle Construction lnc. Countersigned By Policy No. 'l6D WS 't0523 Endorsement No wc 00 03 13 (04 84) Bernie Raven Paynewest lnsurance lnc Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6V PROJECT NUMBER: ITEM TITLE: Sole Source Agreement Approval of a Sole Source Purchase for Fire Station Exercise Equipment from Rogue Fitness for the estimated amount of $12,925.00 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 fIENDIAN�-- CITY OF MERIDIAN SOLE SOURCE FORM Date: Dec 14, 2017 Item or Service: 1. Rogue Ohio Bar, Olympic barbell (qty 11) 2. Rogue Vertical barbell hanger (qty 20) 3. Rogue RML -3W Fold back wall mount rack (qty 8) 4. Rogue Dogsled 1.2 (qty 5) 5. Rogue Ohio lifting belt (qty 15) PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 X Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. JUSTIFICATION: (Attach additional pages if needed) The superior quality of the above referenced Rogue fitness equipment meets the high demands of daily use required by numerous firefighter personnel. This superior quality ensures the safety of our employees. We have found with past inferior products that breaks can occur during workouts resulting in injury. The vertical barbell hanger is compatible with the barbells. Total Estimated cost for above equipment: $12,925.00. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval j�� .wKe�t r Date: Requestor{Print Name) P_ : Purchasing a ), t �. =) Approval: Department Manag& Signa ure PurchaXg anager SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this definition, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations:(i) Where property is required to respond to a lifethreatening situation or a situation which is immediately detrimental to the public welfare or property; (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing; (iv) The purchase of mass-produced movies, videos, books or other copyrighted materials; (v) The purchase of property for which it is determined there is no functional equivalent; (vi) The purchase of public utility services; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. THE FOLLOWING ARE NOT REASONS FOR SOLE SOURCE a) b) c) Personal preference for a product or vendor. Cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. Specifications that exceed requested performance. Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6W PROJECT NUMBER: ITEM TITLE: October FY2018 Financial Report 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 REPORT NAME PAGE # Investment and Cash Position Graphs 2 Water - Budget to Actual Comparison 3 Wastewater - Budget to Actual Comparison 4 Public Works/Billing Budget to Actual Comparison 5 Enterprise Fund - Budget to Actual Comparison 6 Enterprise Fund - Graphs 7 Utility Sales Revenue Comparison 8 General Fund Expenditures - Budget to Actual Comparison 9 General Fund - Graphs 10 General Fund Revenue - Budget to Actual Comparison 11 Community Development - Forecast 12 Community Development - Budget to Actual Comparison 13 Community Development - Graphs 14 Overtime Graphs 15 Volunteer Hours 16 Vacant Positions 17 Internal Transfers 18 Impact Fund - Summary 19 Detailed Revenue & Expenditure Reports 20-60 Table of Contents FINANCE REPORT October 2017 CITY of MERIDIAN Month 1 of FY2018 (Oct 1 - Sep 30) Page 1 of 60 City of Meridian Investments and Cash Position FY2018 for Month Ending 10/31/2017 $25,470,249 $1,128,274 $0 $704,586 $2,045,727 $4,249,948 $20,528,991 $52,616,494 City of Meridian Investment Portfolio Govern Bonds Muncipal Bonds Certif of Deposit Investor Cash FIB MM Cash Idaho Bond Fund Idaho State Pool -0.50% 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% Govern Bonds Muncipal Bonds Certif of Deposit Investor Cash FIB MM Cash Idaho Bond Fund Idaho State Pool Yield by Investment Type $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 General Enterprise City of Meridian Interest Income by Fund (GF includes restricted and designated funds) Total Budget Budget YTD Actual YTD Prior YTD $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 General Enterprise Fund City of Meridian Investment/Cash Balance by Major Fund (GF includes restricted and designated funds) FY2018 FY2017 Page 2 of 60 NOTE: 1/2 Billing/Public Works = Administrative costs allocated 50% / 50% to Water and Wastewater departments. City of Meridian Water Department Incuding PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 10/31/2017 Total Budget Total Budget YTD Actual YTD YTD Variance $YTD Variance %PYTD Actual PYTD Variance % WATER OPERATIONS AND MAINTENANCE Revenue Water Sales 9,143,151$ 761,929$ 761,014$ (916)$ 0%788,888$ -4% Miscellaneous 270,000$ 22,500$ 39,928$ 17,428$ 77%24,157$ 65% 1/2 Billing/Public Works 473,185$ 39,432$ 13,906$ (25,526)$ -65%20,601$ -33% Total Revenue 9,886,336$ 823,861$ 814,848$ (9,014)$ -1%833,646$ -2% Personnel Costs Administration 259,683$ 21,640$ 20,573$ 1,067$ 5%19,921$ 3% Operations 560,958$ 46,746$ 44,666$ 2,080$ 4%39,253$ 14% Distribution 622,270$ 51,856$ 52,611$ (755)$ -1%46,539$ 13% Production 371,812$ 30,984$ 16,685$ 14,299$ 46%17,360$ -4% Backflow Prevention 132,759$ 11,063$ 11,049$ 14$ 0%5,489$ 101% 1/2 Billing/Public Works 2,208,755$ 184,063$ 140,641$ 43,422$ 24%146,010$ -4% Total Personnel Costs 4,156,236$ 346,353$ 286,226$ 60,128$ 17%274,572$ 4% Operating Costs Administration 568,900$ 47,408$ 146,987$ (99,579)$ -210%123,428$ 19% Operations 484,325$ 40,360$ 46,021$ (5,661)$ -14%2,117$ 2073% Distribution 283,480$ 23,623$ 15,166$ 8,458$ 36%4,621$ 228% Production 940,460$ 78,372$ 60,372$ 18,000$ 23%43,600$ 38% Backflow Prevention 87,440$ 7,287$ 1,082$ 6,205$ 85%3,102$ -65% General Fund Transfer 1,258,915$ 104,910$ 91,395$ 13,514$ 13%81,324$ 12% 1/2 Billing/Public Works 1,338,293$ 111,524$ 64,865$ 46,659$ 42%52,579$ 23% Total Operating Costs 4,961,814$ 413,484$ 425,889$ (12,404)$ -3%310,772$ 37% Operating Income (Loss)768,286$ 64,024$ 102,734$ 38,710$ 60%248,302$ -59% Capital Outlay Operations Administration 156,949$ 13,079$ 8,051$ 5,028$ 38%1,150$ 600% Operations 30,000$ 2,500$ -$ 2,500$ 100%-$ Distribution 178,000$ 14,833$ -$ 14,833$ 100%-$ 1/2 Billing/Public Works 40,786$ 3,399$ -$ 3,399$ 100%138$ -100% Total Capital Outlay 405,735$ 33,811$ 8,051$ 25,760$ 76%1,288$ 525% Net Income (Loss) from Operations 362,550$ 30,213$ 94,683$ 64,470$ 213%247,014$ -62% WATER CONSTRUCTION Revenue Residential Assessments 3,263,505$ 271,959$ 607,684$ 335,725$ 123%348,600$ 74% Commercial Assessments 294,000$ 24,500$ 85,080$ 60,580$ 247%105,536$ -19% Interest 150,000$ 12,500$ 23,367$ 10,867$ 87%15,838$ 48% Total Revenue 3,707,505$ 308,959$ 716,130$ 407,172$ 132%469,974$ 52% Operating Costs 18,000$ 1,500$ 838$ 662$ 44%-$ Capital Construction Projects 12,511,620$ 1,042,635$ 633,193$ 409,442$ 39%158,750$ 299% Net Income (Loss) from Construction (8,822,115)$ (735,176)$ 82,099$ 817,276$ -111%311,224$ -74% Water Department Net Income (Loss)(8,459,565)$ (704,964)$ 176,782$ 881,746$ -125%558,239$ 41% Budget to Actual Prior Year to Date Page 3 of 60 NOTE: 1/2 Billing/Public Works = Administrative costs allocated 50% / 50% to Water and Wastewater departments. City of Meridian Waste Water Including PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 10/31/2017 Total Budget Total Budget YTD Actual YTD YTD Variance $YTD Variance %PYTD Actual PYTD Variance % WASTE WATER OPERATIONS AND MAINTENANCE Revenue Utility Sales 15,214,390$ 1,267,866$ 1,196,493$ (71,373)$ -6%1,188,935$ 1% Miscellaneous -$ -$ 1,875$ 1,875$ 1,050$ 79% 1/2 Billing/Public Works 473,185$ 39,432$ 13,906$ (25,526)$ -65%20,601$ -33% Total Revenue 15,687,575$ 1,307,298$ 1,212,273$ (95,025)$ -7%1,210,587$ 0% Personnel Costs Administration 289,022$ 24,085$ 21,990$ 2,096$ 9%20,675$ 6% Treatment Plant 1,476,793$ 123,066$ 103,755$ 19,311$ 16%107,675$ -4% Collection Lines 558,456$ 46,538$ 36,549$ 9,989$ 21%27,118$ 35% Pretreatment Division 159,417$ 13,285$ 11,715$ 1,570$ 12%12,458$ -6% Lab 439,241$ 36,603$ 33,234$ 3,370$ 9%32,322$ 3% 1/2 Billing/Public Works 2,208,755$ 184,063$ 140,641$ 43,422$ 24%146,010$ -4% Total Personnel Costs 5,131,684$ 427,640$ 347,883$ 79,757$ 19%346,257$ 0% Operating Costs Administration 404,259$ 33,688$ 36,387$ (2,699)$ -8%34,396$ 6% Treatment Plant 1,998,540$ 166,545$ 125,592$ 40,953$ 25%100,521$ 25% Collection Lines 590,698$ 49,225$ 18,622$ 30,602$ 62%21,550$ -14% Pretreatment Division 21,380$ 1,782$ 828$ 953$ 54%737$ 12% Lab 232,580$ 19,382$ 25,266$ (5,884)$ -30%23,474$ 8% General Fund Transfer 1,258,916$ 104,911$ 92,703$ 12,208$ 12%82,594$ 12% 1/2 Billing/Public Works 1,338,293$ 111,524$ 64,865$ 46,659$ 42%52,579$ 23% Total Operating Costs 5,844,666$ 487,056$ 364,264$ 122,792$ 25%315,851$ 15% Operating Income (Loss)4,711,224$ 392,601$ 500,126$ 107,525$ 27%548,479$ -9% Capital Outlay Operations Administration 46,779$ 3,898$ -$ 3,898$ 100%100$ -100% Treatment Plant 55,000$ 4,583$ -$ 4,583$ 100%-$ Collection Lines 30,000$ 2,500$ -$ 2,500$ 100%-$ 1/2 Billing/Public Works 40,786$ 3,399$ -$ 3,399$ 100%138$ -100% Total Capital Outlay 172,565$ 14,380$ -$ 14,380$ 100%238$ -100% Net Income (Loss) from Operations 4,538,659$ 378,221$ 500,126$ 121,905$ 32%548,241$ -9% WASTE WATER CONSTRUCTION Revenue Residential Assessments 7,158,816$ 596,568$ 1,196,272$ 599,704$ 101%667,292$ 79% Commercial Assessments 441,000$ 36,750$ 190,893$ 154,143$ 419%201,116$ -5% EPA Compliance Revenue 1,480,337$ 123,361$ 124,230$ 868$ 1%119,016$ 4% Interest 100,000$ 8,333$ 45,659$ 37,325$ 448%31,177$ 46% Total Revenue 9,180,153$ 765,013$ 1,557,054$ 792,041$ 104%1,018,600$ 53% Operating Costs 35,000$ 2,917$ 1,676$ 1,241$ 43%-$ Capital Construction Projects 56,524,214$ 4,710,351$ 2,448,463$ 2,261,889$ 48%373,144$ 556% Net Income (Loss) from Construction (47,379,061)$ (3,948,255)$ (893,085)$ (3,055,171)$ 77%645,456$ -238% Waste Water Department Net Income (Loss)(42,840,402)$ (3,570,034)$ (392,959)$ 3,177,076$ -89%1,193,697$ 0% Budget to Actual Prior Year to Date Page 4 of 60 NOTE: Administrative Costs are allocated to Water and Wastewater departments 50%/50% City of Meridian Enterprise Overhead - Public Works/Utility Billing/Environmental Divisions Budget to Actual Year to Date Comparisons FY2018 for Month Ending 10/31/2017 Prior Year to Date Total Budget Total Budget YTD Actual YTD YTD Variance $YTD Variance %PYTD Actual Revenue PW Review Fees 200,000$ 16,667$ 27,531$ 10,865$ 65%40,129$ Utility Billing Fees 746,369$ 62,197$ 280$ (61,917)$ -100%1,074$ Total Revenue 946,369$ 78,864$ 27,811$ (51,053)$ -65%41,203$ Personnel Costs 4,417,510$ 368,126$ 281,283$ 86,843$ 24%292,019$ Operating Expense 2,676,587$ 223,050$ 129,730$ 93,320$ 42%105,158$ Transfers 321,252$ 26,771$ 14,598$ 12,173$ 45%14,193$ Total OE 2,997,839$ 249,821$ 144,328$ 105,493$ 42%119,350$ Total PC & OE 7,415,348$ 617,947$ 425,611$ 192,336$ 31%411,370$ Operating Income (Loss) (6,468,979)$ (539,082)$ (397,799)$ 141,283$ -26%(370,167)$ Capital Outlay 81,573$ 6,798$ -$ 6,798$ 100%276$ Net Income (Loss) (6,550,552)$ (545,880)$ (397,799)$ 148,081$ -27%(370,443)$ Budget to Actual Page 5 of 60 City of Meridian Total Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 10/31/17 Unrestricted Net Position at 9/30/2016 50,340,000$ PRELIMINARY Total Budget Total Budget YTD Actual YTD YTD Variance $PYTD Actual PYTD Variance $ TOTAL UTILITY OPERATIONS Operating Revenue Water Sales 9,143,151$ 761,929$ 761,014$ (916)$ 788,888$ (27,874)$ Wastewater Sales 15,214,390$ 1,267,866$ 1,196,493$ (71,373)$ 1,188,935$ 7,557$ Public Works/Utility Billing 946,369$ 78,864$ 27,811$ (51,053)$ 41,203$ (13,391)$ Miscellaneous 270,000$ 22,500$ 41,803$ 19,303$ 25,207$ 16,596$ Total Revenue 25,573,910$ 2,131,159$ 2,027,121$ (104,038)$ 2,044,233$ (17,112)$ Personnel Costs Water Division 1,947,481$ 162,290$ 145,584$ 16,706$ 128,562$ 17,022$ Wastewater Division 2,922,930$ 243,577$ 207,242$ 36,336$ 200,247$ 6,994$ Public Works/Utility Billing 4,417,510$ 368,126$ 281,283$ 86,843$ 292,019$ (10,737)$ Total Personnel Costs 9,287,921$ 773,993$ 634,109$ 139,885$ 620,829$ 13,280$ Operating Costs Water Division 2,364,605$ 197,050$ 269,628$ (72,578)$ 176,868$ 92,760$ Wastewater Division 3,247,456$ 270,621$ 206,696$ 63,925$ 180,678$ 26,019$ Public Works/Utility Billing 2,676,587$ 223,049$ 129,730$ 93,319$ 105,158$ 24,572$ Total Operating Costs 8,288,648$ 690,721$ 606,055$ 84,666$ 462,704$ 143,351$ Total PC & OE 17,576,568$ 1,464,714$ 1,240,163$ 224,551$ 1,083,533$ 156,630$ Capital Operations 578,301$ 48,192$ 8,051$ 40,141$ 1,526$ 6,525$ General Fund Transfer 2,839,084$ 236,591$ 198,696$ 178,111$ Operations Income (Loss)4,579,957$ 381,662$ 580,211$ 198,549$ 781,063$ (200,852)$ CONSTRUCTION Construction Revenue Residential Assessments 10,187,618$ 848,968$ 960,548$ 111,580$ 671,751$ 288,797$ Commercial Assessments 735,000$ 61,250$ 275,973$ 214,723$ 306,652$ (30,679)$ Multi-Family Assessments 234,703$ 19,559$ 843,408$ 823,849$ 344,141$ 499,267$ EPA Compliance Revenue 1,480,337$ 123,361$ 124,230$ 868$ 119,016$ 5,214$ Interest 250,000$ 20,833$ 69,026$ 48,192$ 47,015$ 22,011$ Total Construction Revenue 12,887,658$ 1,073,972$ 2,273,184$ 1,199,213$ 1,488,575$ 784,609$ Operating Costs Construction 53,000$ 4,417$ 2,514$ 1,903$ -$ 2,514$ Capital Construction Projects 69,035,835$ 5,752,986$ 3,081,656$ 2,671,330$ 531,895$ 2,549,761$ Construction Income (Loss)(56,201,177)$ (4,683,431)$ (810,985)$ 3,872,446$ 956,680$ (1,767,666)$ Enterprise Fund Net Income (Loss) (51,621,220)$ (4,301,769)$ (230,775)$ Fund Balance (1,281,220)$ 46,038,231$ 50,109,225$ NOTE: BUDGET includes full carry-forward as estimated in July - expenses will be adjusted down in January 2018. Page 6 of 60 City of Meridian Enterprise Fund Graphs FY2018 for Month Ending 10/31/2017 Notes: * The revenues and costs for Public Works Administration and for General Fund Support services are split evenly between Water and Wastewater * Depreciation expense is not included in these graphs. $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Total Budget YTD Actual YTD PYTD Actual Water Operating Income Budget to Actual Revenue Expense $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 Total Budget YTD Actual YTD PYTD Actual WWTP Operating Income Budget to Actual Revenue Expense $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Total Budget YTD Actual YTD PYTD Actual Total Enterprise Fund YTD Operating Income and Expense Revenue Expense $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 YTD Utility Connection / Assessment Revenue Water Connection Revenue Sewer Connection Revenue $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 Water Construction WWTP Construction Capital Construction Total Budget to Actual Total Budget Actual YTD Page 7 of 60 City of Meridian Utility Sales Revenue Comparison FY2018 for Period Ending 10/31/2017 what does this tell us? You can see when the high water bills occur due to hot weather $- $10 $20 $30 $40 $50 $60 $70 $80 $90 19.75 22.12 22.12 22.12 22.12 22.12 22.59 22.59 22.59 22.59 28.28 35.63 35.63 35.63 35.63 35.63 36.35 36.35 36.35 36.35 $3.75 $3.75 $3.75 $3.75 $13.45 $16.32 $16.62 $16.62 $16.84 $17.00 $17.25 $17.67 $17.85 18.14 Meridian Monthly Utility Bill Trash Sewer EPA Sewer Water water @ 9000gal sewer @ 5000gal - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 An n a l R e v e n u e Water / Sewer Revenues # of Accounts Water Revenue Sewer Revenue - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 FY 1 9 8 0 FY 1 9 9 0 FY 2 0 0 0 FY 2 0 0 1 FY 2 0 0 2 FY 2 0 0 3 FY 2 0 0 4 FY 2 0 0 5 FY 2 0 0 6 FY 2 0 0 7 FY 2 0 0 8 FY 2 0 0 9 FY 2 0 1 0 FY 2 0 1 1 FY 2 0 1 2 FY 2 0 1 3 FY 2 0 1 4 FY 2 0 1 5 FY 2 0 1 6 FY 2 0 1 7 FY 2 0 1 8 N u m b e r o f A c c o u n t s History of Meridian Utility Accounts Sewer rate increased in FY09 by 35% and FY10 by 26% 8 of 60 Utility City of Meridian General Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 10/31/2017 Total Budget Total Budget YTD Actual YTD YTD Variance $YTD Variance %PYTD Actual PYTD Variance $ POLICE PC 14,925,958$ 1,243,829$ 1,192,920$ 50,909$ 4%1,087,834$ 105,085$ OE 2,879,270$ 239,939$ 243,426$ (3,487)$ -1%244,367$ (940)$ Total PC and OE 17,805,229$ 1,483,768$ 1,436,346$ 47,422$ 3%1,332,201$ 104,145$ CO 604,056$ 50,338$ 34,174$ 16,164$ 32%77,049$ (42,875)$ FIRE PC 10,731,373$ 894,281$ 787,741$ 106,540$ 12%747,123$ 40,618$ OE 1,554,362$ 129,530$ 123,192$ 6,338$ 5%91,417$ 31,775$ Total PC and OE 12,285,735$ 1,023,811$ 910,933$ 112,878$ 11%838,540$ 72,394$ CO 4,881,725$ 406,810$ -$ 406,810$ 100%-$ -$ Interfund Transfers 87,013$ 7,251$ 5,477$ 1,774$ 24%5,412$ 65$ PARKS PC 3,076,191$ 256,349$ 207,788$ 48,562$ 19%185,733$ 22,055$ OE 2,481,790$ 206,816$ 211,622$ (4,806)$ -2%175,970$ 35,651$ Total PC & OE 5,557,981$ 463,165$ 419,409$ 43,756$ 9%361,703$ 57,706$ CO 13,482,448$ 1,123,537$ 599,653$ 523,884$ 47%97,052$ 502,601$ Interfund Transfers 56,357$ 4,696$ 3,548$ 1,149$ 24%3,505$ 42$ ADMINISTRATION PC 5,271,147$ 439,262$ 374,447$ 64,815$ 15%369,053$ 5,395$ OE 2,864,006$ 238,667$ 210,096$ 28,571$ 12%192,112$ 17,985$ Total PC & OE 8,135,154$ 677,929$ 584,543$ 93,386$ 14%561,164$ 23,379$ CO 1,004,188$ 83,682$ -$ 83,682$ 100%-$ -$ Interfund Transfers (3,036,969)$ (253,081)$ (210,561)$ (42,520)$ 17%(190,232)$ (20,329)$ TOTAL GENERAL FUND PC 34,004,669$ 2,833,722$ 2,562,895$ 270,826$ 10%2,389,743$ 173,153$ OE 9,779,430$ 814,952$ 788,337$ 26,616$ 3%703,866$ 84,471$ Total PC and OE 43,784,098$ 3,648,674$ 3,351,232$ 297,442$ 8%3,093,608$ 257,624$ CO 19,972,417$ 1,664,368$ 633,827$ 1,030,541$ 62%174,101$ 459,726$ Interfund Transfers (2,893,599)$ (241,133)$ (201,536)$ (39,598)$ 16%(181,314)$ (20,222)$ PC = Personnel Costs OE = Operating Expenses CO = Capital Outlay NOTE: ~ (01 thru 55 funds) General Fund, Impact Fund, Grant Fund, and Capital Projects Fund ~ Parks trending to underspend Personnel Cost due to seasonal hire in summer months Budget to Actual Prior Year to Date Page 9 of 60 City of Meridian General Fund Graphs Before Interfund Transfers FY2018 for Month Ending 10/31/2017 Police Fire Parks Admin Total PC/OE/CO Graph Police Fire Parks Admin $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 Police Fire Parks Admin General Fund Personnel Expense Current YTD compared to YTD Budget & Prior Year Actual YTD Budget YTD PYTD Actual $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 Police Fire Parks Admin General Fund Operating Expense Current YTD compared to YTD Budget & Prior Year Actual YTD Budget YTD PYTD Actual $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Police Fire Parks Admin General Fund Capital Expense Total Budget to Actual Actual YTD Budget YTD PYTD Actual Page 10 of 60 Total Revenue does not include Community Development Permit Revenues City of Meridian General Fund Revenue FY2018 Budget to Actual Comparison As of 10/31/2017 Budget with Amendments Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Taxes General Property Tax Revenue 30,808,064.04 44,679.24 44,679.24 30,763,384.80 99.85%38,666.37 Total Taxes 30,808,064.04 44,679.24 44,679.24 30,763,384.80 99.85%38,666.37 Licenses & Permits Liquor License Revenues 75,258.00 600.00 600.00 74,658.00 99.20%200.00 Misc Licenses/Permits Revenues 9,999.96 1,450.00 1,450.00 8,549.96 85.49%442.50 Fire Inspection & Permit Fees 0.00 347.00 347.00 (347.00)0.00%230.00 Dog License Revenues 45,000.00 1,212.50 1,212.50 43,787.50 97.30%2,249.30 Total Licenses & Permits 130,257.96 3,609.50 3,609.50 126,648.46 97.23%3,121.80 Intergovernmental Grant Revenues 473,492.04 0.00 0.00 473,492.04 100.00%(15,287.00) State Revenue Sharing Revenue 5,982,741.00 0.00 0.00 5,982,741.00 100.00%0.00 State Liquor Apportionment Revenue 834,960.00 0.00 0.00 834,960.00 100.00%0.00 Rural Fire & Misc Revenue 2,465,653.08 0.00 0.00 2,465,653.08 100.00%145,486.12 Meridian Downtown Development 415,755.00 0.00 0.00 415,755.00 100.00%0.00 Total Intergovernmental 10,172,601.12 0.00 0.00 10,172,601.12 100.00%130,199.12 Franchise Fees Gas Franchise Revenue 600,000.00 0.00 0.00 600,000.00 100.00%0.00 Cable TV Franchise Revenue 200,000.04 0.00 0.00 200,000.04 100.00%0.00 Electricity Franchise Revenue 510,000.00 0.00 0.00 510,000.00 100.00%0.00 Total Franchise Fees 1,310,000.04 0.00 0.00 1,310,000.04 100.00%0.00 Fines & Forfeitures False Alarm Fees 2,000.04 2,430.00 2,430.00 (429.96)(21.49)%3,320.00 Court Revenue 350,000.04 0.00 0.00 350,000.04 100.00%0.00 Restitution 0.00 341.64 341.64 (341.64)0.00%292.83 State Drug Seizure Revenue 0.00 2,100.00 2,100.00 (2,100.00)0.00%422.00 Fines, Forfeit Revenues 5,000.04 720.00 720.00 4,280.04 85.60%1,020.00 Total Fines & Forfeitures 357,000.12 5,591.64 5,591.64 351,408.48 98.43%5,054.83 Charges for services Dept Svc Fees 48,000.00 0.00 0.00 48,000.00 100.00%0.00 Passport Revenues 0.00 5,850.00 5,850.00 (5,850.00)0.00%4,950.00 Reimbursement Revenues 30,000.00 1,533.19 1,533.19 28,466.81 94.88%(476.00) School Resource Revenue 423,516.00 1,973.78 1,973.78 421,542.22 99.53%0.00 Rental Income 21,999.96 9,583.85 9,583.85 12,416.11 56.43%7,907.00 Cherry Lane Golf Lease Revenue 0.00 6,000.00 6,000.00 (6,000.00)0.00%0.00 Park Reservations Fee Revenue 112,200.00 11,270.56 11,270.56 100,929.44 89.95%3,012.87 Recreation Class Revenues 237,500.04 8,761.38 8,761.38 228,738.66 96.31%9,646.32 Community Event Rev/Sponsorship 57,500.04 5,025.00 5,025.00 52,475.04 91.26%3,343.79 Sports Revenue 244,500.00 4,301.31 4,301.31 240,198.69 98.24%10,386.73 Contract Service Revenues 6,999.96 110.00 110.00 6,889.96 98.42%50.00 Total Charges for services 1,182,216.00 54,409.07 54,409.07 1,127,806.93 95.40%38,820.71 Impact revenues Impact Rev - Multifamily 0.00 209,420.64 209,420.64 (209,420.64)0.00%200,694.78 Impact Rev - Commercial 80,000.04 7,651.08 7,651.08 72,348.96 90.43%19,170.00 Impact Rev - Residential 1,714,436.04 289,871.64 289,871.64 1,424,564.40 83.09%213,843.71 Total Impact revenues 1,794,436.08 506,943.36 506,943.36 1,287,492.72 71.75%433,708.49 Donations Donations (plus project code)5,000.04 29,086.00 29,086.00 (24,085.96)(481.71)%9,111.91 MAC Arts Commission Revenues 9,999.96 0.00 0.00 9,999.96 100.00%0.00 Total Donations 15,000.00 29,086.00 29,086.00 (14,086.00)(93.91)%9,111.91 Interest Revenues Interest Earnings 142,000.08 61,394.18 61,394.18 80,605.90 56.76%33,002.97 Total Interest Revenues 142,000.08 61,394.18 61,394.18 80,605.90 56.76%33,002.97 Miscellaneous revenues Miscellaneous Revenues 27,000.00 0.00 0.00 27,000.00 100.00%0.00 Total Miscellaneous revenues 27,000.00 0.00 0.00 27,000.00 100.00%0.00 TOTAL REVENUES 45,938,575.44 705,712.99 705,712.99 45,232,862.45 98.46%691,686.20 Sale of capital assets GAIN Sale of Assets - Gain(Loss)0.00 593.00 593.00 (593.00)0.00%0.00 Total Sale of capital assets GAIN 0.00 593.00 593.00 (593.00)0.00%0.00 TOTAL REVENUE plus Sale of Assets 45,938,575.44 706,305.99 706,305.99 45,232,269.45 98.46%691,686.20 11 of 60 Revenue City of Meridian Community Development Services Year End Change to Fund Balance Forecast FY2018 for Month Ending 10/31/2017 Total Original Budget Total Budget YTD Actual YTD Projected TOTAL DEV. SVCS. REVENUE Commercial Permits 833,000$ 69,417$ 56,587$ 679,042$ All other Permits 3,949,560$ 329,130$ 551,758$ 6,621,091$ Planning Revenue 200,000$ 16,667$ 16,916$ 202,992$ Total Revenues 4,982,560$ 415,213$ 625,260$ 7,503,125$ TOTAL DEVELOPMENT SERVICE FUND Revenue 4,982,560$ 415,213$ 625,260$ 7,503,125$ PC 1,538,413$ 128,201$ 97,515$ 1,170,182$ OE 2,254,753$ 187,896$ 258,118$ 3,097,419$ Net Operating to Fund Balance 1,189,394$ 99,116$ 269,627$ 3,235,524$ CO & Interfund Transfers 54,515$ 4,543$ 2,840$ 34,077$ Total Change to Fund Balance 1,134,879$ 94,573$ 266,787$ 3,201,447$ FY2003 Transfer to Capital Improvement Fund $585,467 FY2004 Transfer to Capital Improvement Fund $799,548 FY2005 Transfer to Capital Improvement Fund $1,897,123 FY2006 Transfer to Capital Improvement Fund $2,815,539 FY2007 Transfer to Capital Improvement Fund $2,172,405 FY2008 Transfer to Capital Improvement Fund $0 FY2009 Transfer to Capital Improvement Fund $0 FY2010 Transfer to Capital Improvement Fund $0 FY2011 Transfer to Capital Improvement Fund $600,722 FY2012 Transfer to Capital Improvement Fund $2,044,914 FY2013 Transfer to Capital Improvement Fund $1,592,539 FY2014 Transfer to Capital Improvement Fund $1,391,676 FY2015 Transfer to Capital Improvement Fund $1,652,245 FY2016 Transfer to Capital Improvement Fund $2,275,054 TOTAL $17,827,232 Projected Transfer Page 12 of 60 City of Meridian Community Development Services Budget to Actual Year to Date Comparisons FY2018 for Month Ending 10/31/2017 Total Budget Total Budget YTD Actual YTD YTD Variance $YTD Variance %PYTD Actual PYTD Variance $ ADMINISTRATION Personnel Costs 228,418$ 19,035$ 4,844$ 14,190$ 75%16,250$ (11,405)$ Operating Expenses 85,788$ 7,149$ 5,771$ 1,378$ 19%2,842$ 2,929$ Total PC & OE 314,206$ 26,184$ 10,615$ 15,569$ 59%19,091$ (8,476)$ Interfund Transfers 86,477$ 7,206$ 5,444$ 1,763$ 24%5,379$ 65$ PLANNING Personnel Costs 697,635$ 58,136$ 43,797$ 14,339$ 25%40,708$ 3,089$ Operating Expenses 41,019$ 3,418$ 4,827$ (1,409)$ -41%3,674$ 1,153$ Total PC and OE 738,654$ 61,555$ 48,624$ 12,930$ 21%44,382$ 4,242$ BUILDING Personnel Costs 484,249$ 40,354$ 39,219$ 1,135$ 3%36,650$ 2,569$ Operating Expenses 2,005,656$ 167,138$ 245,900$ (78,762)$ -47%220,260$ 25,640$ Total PC & OE 2,489,905$ 207,492$ 285,119$ (77,627)$ -37%256,910$ 28,209$ Interfund Transfers (59,451)$ (4,954)$ (4,873)$ (81)$ 2%(4,584)$ (289)$ ECONOMIC DEVLP Personnel Costs 128,111$ 10,676$ 9,655$ 1,021$ 10%9,417$ 238$ Operating Expenses 122,290$ 10,191$ 1,621$ 8,570$ 84%371$ 1,249$ Total PC & OE 250,401$ 20,867$ 11,275$ 9,592$ 46%9,788$ 1,487$ Interfund Transfers 27,489$ 2,291$ 2,269$ 22$ 1%2,409$ (139)$ TOTAL DEVELOPMENT SERVICE FUND Personnel Costs 1,538,413$ 128,201$ 97,515$ 30,686$ 24%103,025$ (5,509)$ Operating Expenses 2,254,753$ 187,896$ 258,118$ (70,222)$ -37%227,148$ 30,971$ Total PC and OE 3,793,166$ 316,097$ 355,633$ (39,536)$ -13%330,172$ 25,461$ Capital Outlay -$ -$ -$ -$ -$ -$ Interfund Transfers 54,515$ 4,543$ 2,840$ 1,703$ 37%3,203$ (364)$ NOTE: Interfund Transfers = 25.42% of city hall costs transfer to Community Development Services Budget to Actual Prior Year to Date City of Meridian Building Department Permit Revenue compared to Building Inspectors Expense FY2018 for Month Ending 10/31/2017 % of Permit Fee Inspectors Gross Revenue Inspector Expense Rev. vs. Exp.that Goes to City Building Inspections 411,577$ 100,678$ 310,899$ 76% Mechanical Inspections 56,198$ 33,719$ 22,479$ 40% Electrical Inspections 41,592$ 29,114$ 12,477$ 30% Plumbing Inspections 51,082$ 30,649$ 20,433$ 40% Fire Inspections 48,193$ 35,025$ 13,168$ 27% Total 608,641$ 229,185$ 379,456$ 62% Page 13 of 60 City of Meridian Community Development Services FY2018 for Month Ending 10/31/2017 $1,118,733 $1,316,153 $659,439 $372,654 $782,182 $1,136,207 $1,371,078$1,299,887$1,351,310$1,354,607$1,333,039 $56,587 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 YTD Dollar Sales Commercial Building Permits Sold 849 606 562 562 483 768 913 765 990 1,368 1,428 164 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 YTD Annual # Residential Building Permits Sold 43 210 0 0 48 196 390 604 450 188 754 172 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 YTD Annual # Multi-Family Units Building Permits Sold Page 14 of 60 City of Meridian Overtime Graphs FY2018 for Month Ending 10/31/2017 Projected for FY2018 TOTAL BUDGET ACTUAL YTD The Fire Chief breaks out OT (overtime) budget into 3 components 1. Overtime budget for Training 2. Overtime budget for Admin meetings or projects, and 3. Overtime budget for mandatory Extra Shift staffing January February March April May June July August September TOTAL Projected Actual Budget Police October November December January February March April May June July August September TOTAL Projected Actual Budget Fire October November December January February March April May June July August September TOTAL Projected Actual Budget PW&MUBS NOTE: SNOW-MAGEDDON caused excessive OT in January 2017 FY2015 FY2016 FY2017 FY2018 456,448 551,287 639,985 74,485 427,465 456,000 575,241 664,727 893,821 Police Department Overtime Projected Actual Budget Actual FY2015 FY2016 FY2017 FY2018 737,218 587,267 597,393 58,715 634,804 634,804 411,232 614,793704,576 Fire Department Overtime Projected Actual Budget Actual FY2015 FY2016 FY2017 FY2018 30,065 38,188 40,887 2,272 10,991 26,658 31,278 32,89327,263 Water Department Overtime Projected Actual Budget Actual FY2015 FY2016 FY2017 FY2018 50,504 50,302 54,072 3,299 42,911 47,521 47,749 49,99839,593 WWTP Overtime Projected Actual Budget Actual FY2015 FY2016 FY2017 FY2018 25,361 30,001 58,703 2,287 19,396 19,699 20,245 22,79827,439 Parks Department Overtime Projected Actual Budget Actual $0 $200,000 $400,000 $600,000 $800,000 Project ed Actual Budget Fire Projection vs OT Budget Training OT Admin OT ExShift Staffing Page 15 of 60 City of Meridian Volunteer Hours FY2018 for Month Ending 10/31/2017 Prior MONTH Parks General Police Fire Mayor Comm Dev Clerk Total Year October 956 70 156 333 396 62 42 2,015 2,970 November 0 December 0 January 0 February 0 March 0 April 0 May 0 June 0 July 0 August 0 September 0 TOTAL 956 70 156 333 396 62 42 2,015 2,970 GRAND TOTAL YTD 2,015 Page 16 of 60 City of Meridian Vacancy Report November 2017 Position FTE Fund Department HR Status Position Vacant Date Position Posted Date Position Start Date Development Analyst I 1 Enterprise Building No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Public Works Inspector I - Reclassed to Public Works Inspector II 1 Enterprise PW Interviews in Progress New position as of 10/01/2017 11/6/2017 Not yet filled Staff Engineer II 1 Enterprise PW Accepting Applications 10/21/2017 11/13/2017 Not yet filled Cross Connection Control Inspector II 1 Enterprise PW-Water Selection in Progress 10/22/2017 10/6/2017 Not yet filled Water Operator I 1 Enterprise PW-Water Offer Accepted 9/27/2017 10/6/2017 12/11/2017 Tentative Collection System Technician II 1 Enterprise PW-WW On Hold by Department will review in January 8/21/2017 10/9/2017 Not yet filled Wastewater Superintendent 1 Enterprise PW-WW Interviews in Progress 6/21/2017 6/27/2017 Not yet filled WW Work Person-Title changed to Plant Utility Technician 1 Enterprise PW-WW Offer Accepted 8/30/2017 9/13/2017 12/11/2017 Deputy City Clerk 1 General City Clerk Accepting Applications 11/2/2017 11/29/2017 Not yet filled Building Maintenance Worker 1 General City Hall Offer Accepted New position as of 10/01/2017 9/1/2017 12/11/2017 Tentative Community Development Director 1 General Community Development Interviews in Progress 8/20/2017 8/18/2017 Not yet filled Administrative Assistant 1 General Finance Interviews in Progress New position as of 10/01/2017 8/23/2017 Not yet filled Financial Analyst 1 General Finance Accepting Applications New position as of 10/01/2017 8/23/2017 Not yet filled Firefighter 1 General Fire Offer Accepted 9/21/2017 9/30/2017 1/22/2018 Fire Education & Prevention Assistant P/t 0.5 General Fire Accepting Applications 11/16/2017 11/13/2017 Not yet filled Fire Fighter 1 General Fire Offer Accepted 9/21/2017 9/30/2017 1/22/2018 Fire Fighter 1 General Fire Offer Accepted 10/26/2017 9/30/2017 1/22/2018 Support Technician 1 General IT Offer Accepted 10/21/2017 10/23/2017 TBD Groundskeeper III 1 General Parks No request to fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Home Court Facility Specialist 0.5 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Home Court Facility Specialist 0.5 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Recreation Camp Coordinator 0.5 General Parks No Request to Fill at this time New position as of 10/01/2017 Not yet requested Not yet filled Code Enforcement Officer 1 General Police Background in Progress New position as of 10/01/2017 5/17/2017 Not yet filled Police Officer 1 General Police Background in Progress 9/15/2017 4/4/2017 Not yet filled Police Officer 1 General Police Offer Accepted 3/27/2017 4/4/2017 2/26/2018 Police Officer 1 General Police Background in Progress 6/20/2017 4/4/2017 Not yet filled Police Officer 1 General Police Background in Progress 10/21/2017 11/16/2017 Not yet filled Police Officer 1 General Police Background in Progress 3/29/2017 4/4/2017 Not yet filled Police Officer 1 General Police Background in Progress 8/22/2017 4/4/2017 Not yet filled Police Officer 1 General Police Background in Progress 10/21/2017 11/16/2017 Not yet filled Police Officer 1 General Police Background in Progress New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Background in Progress New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Accepting Applications Interviews Scheduled New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Accepting Applications Interviews Scheduled New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Accepting Applications Interviews Scheduled New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Accepting Applications Interviews Scheduled New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Accepting Applications Interviews Scheduled New position as of 10/01/2017 4/4/2017 Not yet filled Police Officer 1 General Police Accepting Applications Interviews Scheduled 11/2/2017 11/16/2017 Not yet filled Building Maintenance Technician 1 General PW No Request to Fill at this time 8/25/2017 Not yet requested Not yet filled TOTAL FTE 37 17 of 60 VacantPositions City of Meridian Interfund Transfers FY2017 Effective Date General Fund Enterprise Fund transfer expense to ENTERPRISE FUND (water & sewer fund) 15% of Mayor's Office personnel costs (except Mayor wage & benefits) transfer to Enterprise Fund FY2010 (reduces expense)increases expense 50% of Finance expenses transfer to Enterprise Fund FY2000 (reduces expense)increases expense 50% of HR expenses transfer to Enterprise Fund FY2002 (reduces expense)increases expense 50% of IT expenses transfer to Enterprise Fund FY2004 (reduces expense)increases expense 50% of Legal expenses transfer to Enterprise Fund FY2012 (reduces expense)increases expense 50% of IT Capital expense transfer to Enterprise Fud FY2016 (reduces expense)increases expense transfer City Hall costs to the following: 13% Fire Department in the General Fund FY2009 transfers all in this fund 8.42% Parks & Recreation in the General Fund FY2009 transfers all in this fund 12.92% Community Development in the General Fund FY2009 transfers all in this fund 23.08% Public Works in the Enterprise Fund FY2009 (reduces expense)increases expense Personnel Transfers: Bldg Dept Mgr 50% from Building Department to Public Works FY2009 (reduces expense)increases expense Capital Projects Mgr 50% from Other Govt to Public Works FY2009 (reduces expense)increases expense Communications Mgr 50% from Other Govt to Public Works FY2003 (reduces expense)increases expense 18 of 60 Transfers City of Meridian IMPACT FUND BALANCE as of 10/31/2017 Account #Account Description Total Budget - Original Total Budget - Revised Current Year Actual Budget Remaining 2110 - Police Department REVENUES 34777 Impact Rev - Multifamily 0.00 0.00 19,543.68 (19,543.68) 34780 Commercial Impact Revenue 20,000.00 0.00 1,487.71 18,512.29 34781 Residential Impact Revenue 176,436.00 0.00 22,258.08 154,177.92 Total REVENUES 196,436.00 0.00 43,289.47 153,146.53 TOTAL EXPENDITURES 0.00 0.00 0.00 0.00 2210 - Fire Department REVENUES 34777 Impact Rev - Multifamily 0.00 0.00 79,354.08 (79,354.08) 34780 Commercial Impact Revenue 60,000.00 0.00 6,163.37 53,836.63 34781 Residential Impact Revenue 500,000.00 0.00 90,375.48 409,624.52 Total REVENUES 560,000.00 0.00 175,892.93 384,107.07 54000 Equipment & Supplies 20,000.00 0.00 0.00 20,000.00 92000 Cap Outlay - Bldg & Struct 3,971,500.00 0.00 3,971,500.00 94120 Capital - Fire Trucks 0.00 744,500.00 0.00 744,500.00 TOTAL EXPENDITURES 20,000.00 4,716,000.00 0.00 4,736,000.00 5200 - Parks & Recreation REVENUES 34777 Impact Rev - Multifamily 0.00 0.00 110,522.88 (110,522.88) 34781 Residential Impact Revenue 1,038,000.00 0.00 177,238.08 860,761.92 34920 Cash Donation for Capital Outlay 425,000.00 425,000.00 36100 Interest Earnings 15,000.00 0.00 15,429.95 (429.95) Total REVENUES 1,053,000.00 425,000.00 303,190.91 1,174,809.09 55102 Investment Services 0.00 0.00 189.67 (189.67) 92000 Cap Outlay - Bldgs & Struct 638,000.04 (638,000.04)0.00 0.00 93405 Improvements @ Storey Park 0.00 0.00 0.00 0.00 93415 Borup Property construction 71,859.24 0.01 0.00 71,859.25 96903 Settlers Park construction 0.00 0.00 0.00 0.00 96925 Keith Bird Legacy Park construction 637,294.92 963,498.04 172,948.64 1,427,844.32 96927 77 acre South Park 735,221.76 (38,592.30)68,568.18 628,061.28 96928 Reta Huskey Park Construction 1,461,010.20 88,439.43 34,438.15 1,515,011.48 96929 Hillsdale Park Construction 1,459,923.72 270,336.84 228,560.21 1,501,700.35 TOTAL EXPENDITURES 5,003,309.88 645,681.98 504,704.85 5,144,287.01 TOTAL BUDGETED EXPENDITURES for FY2017 5,023,309.88 Dept FY2018 beginning fund balance FY2018 net change YTD Fund Balance YTD Police Department $ 1,172,284.45 43,289.47 1,215,573.92$ Fire Department $ 5,108,042.38 175,892.93 5,283,935.31$ Parks & Recreation $ 6,263,470.36 (201,513.94)6,061,956.42$ TOTAL IMPACT FUND BALANCE 12,543,797.19 17,668.46 12,561,465.65 Page 19 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Council 1120 - Council Council PERSONNEL COSTS Council Administrative Wages 61,000 0 5,083 5,083 55,917 91.66%5,083 Council FICA (7.65%)4,667 0 315 315 4,351 93.24%298 Council PERSI 7,283 0 575 575 6,708 92.09%575 Council Workers' Comp 134 0 0 0 134 100.00%0 Council Employee Insurance 90,174 0 6,190 6,190 83,984 93.13%6,189 Council Total PERSONNEL COSTS 163,258 0 12,164 12,164 151,094 92.55%12,145 Council Council OPERATING COSTS Council Office Expense 500 0 0 0 500 100.00%0 Council Employee Coffee & Misc 360 0 0 0 360 100.00%103 Council Professional Services 250 0 0 0 250 100.00%0 Council Pagers/Radios/Communications 240 0 19 19 221 92.16%42 Council Business Meals 3,250 0 188 188 3,062 94.21%146 Council Mileage & Parking Reimbursement 100 0 0 0 100 100.00%0 Council Employee Seminars/Training 4,545 0 0 0 4,545 100.00%0 Council Travel - Transportation 1,860 0 0 0 1,860 100.00%0 Council Travel - Lodging 3,764 0 0 0 3,764 100.00%0 Council Travel - Per Diem 1,296 0 0 0 1,296 100.00%0 Council Holiday Expense 90 0 0 0 90 100.00%0 Council Total OPERATING COSTS 16,255 0 207 207 16,048 98.73%291 Council Council DEPT EXPENDITURES 179,513 0 12,371 12,371 167,142 93.10%12,436 Council Council Council TOTAL EXPENDITURES 179,513 0 12,371 12,371 167,142 93.10%12,436 Council Page 20 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Clerk 1140 - City Clerk Clerk REVENUES Clerk Liquor License Revenues 75,258 0 600 600 74,658 99.20%200 Clerk Misc Licenses/Permits Revenues 10,000 0 1,450 1,450 8,550 85.49%443 Clerk Dept Svc Fees 48,000 0 0 0 48,000 100.00%0 Clerk Passport Revenues 0 0 5,850 5,850 (5,850)0.00%4,950 Clerk Total REVENUES 133,258 0 7,900 7,900 125,358 94.07%5,593 Clerk Clerk PERSONNEL COSTS Clerk Wages 395,216 0 29,002 29,002 366,215 92.66%28,451 Clerk Overtime Wages 1,099 0 126 126 973 88.51%29 Clerk FICA (7.65%)30,318 0 2,136 2,136 28,182 92.95%2,066 Clerk PERSI 47,320 0 3,297 3,297 44,023 93.03%3,224 Clerk Workers' Comp 1,266 0 0 0 1,266 100.00%0 Clerk Employee Insurance 121,672 0 7,738 7,738 113,934 93.64%7,121 Clerk Total PERSONNEL COSTS 596,892 0 42,299 42,299 554,593 92.91%40,891 Clerk Clerk OPERATING COSTS Clerk Office Expense 3,700 0 193 193 3,507 94.77%541 Clerk Copier Expense 7,081 0 0 0 7,081 100.00%526 Clerk Employee Coffee & Misc 480 0 (9)(9)489 101.83%0 Clerk Codification Expenses 6,000 0 1,049 1,049 4,951 82.51%0 Clerk Software Maintenance 23,473 0 2,519 2,519 20,954 89.27%2,346 Clerk Electronics Expense (under $5000)1,000 0 0 0 1,000 100.00%0 Clerk Furniture & Furnishings 500 0 0 0 500 100.00%0 Clerk Computers & Printers (IT use only)1,050 0 0 0 1,050 100.00%0 Clerk Contracted Labor 20,000 (20,000)0 0 0 0.00%1,088 Clerk Background/Employment Testing 6,000 0 0 0 6,000 100.00%0 Clerk Contracted Services 0 20,000 2,100 2,100 17,900 89.50%0 Clerk Postage & Mailings 6,300 0 631 631 5,669 89.97%454 Clerk Cellphone Expense 600 0 0 0 600 100.00%43 Clerk Business Meals 100 0 0 0 100 100.00%25 Clerk Employee Seminars/Training 5,290 0 20 20 5,270 99.62%60 Clerk Travel - Transportation 1,000 0 0 0 1,000 100.00%0 Clerk Travel - Lodging 350 0 0 0 350 100.00%0 Clerk Travel - Per Diem 354 0 0 0 354 100.00%0 Clerk Legal Notices 2,000 0 91 91 1,909 95.44%0 Clerk Dues,Licenses,Publications 90 0 0 0 90 100.00%0 Clerk Holiday Expense 120 0 0 0 120 100.00%0 Clerk Elections 100 0 0 0 100 100.00%0 Clerk Total OPERATING COSTS 85,588 0 6,595 6,595 78,993 92.30%5,082 Clerk Page 21 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Clerk DEPT EXPENDITURES 682,479 0 48,893 48,893 633,586 92.83%45,973 Clerk Clerk Clerk TOTAL EXPENDITURES 682,479 0 48,893 48,893 633,586 92.83%45,973 Clerk Page 22 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Mayor 1310 - Mayor's Office Mayor REVENUES Mayor Community Event Rev/Sponsorship 20,000 0 0 0 20,000 100.00%0 Mayor Donations (plus project code)5,000 0 17,500 17,500 (12,500)(249.99)%916 Mayor Total REVENUES 25,000 0 17,500 17,500 7,500 30.00%916 Mayor Mayor PERSONNEL COSTS Mayor Administrative Wages 90,958 0 7,580 7,580 83,379 91.66%7,219 Mayor Wages 218,203 0 18,156 18,156 200,047 91.67%18,851 Mayor FICA (7.65%)23,651 0 1,883 1,883 21,768 92.03%1,865 Mayor PERSI 36,914 0 2,913 2,913 34,001 92.10%2,951 Mayor Workers' Comp 1,248 0 0 0 1,248 100.00%0 Mayor Employee Insurance 75,145 0 6,036 6,036 69,109 91.96%6,544 Mayor Total PERSONNEL COSTS 446,119 0 36,568 36,568 409,552 91.80%37,431 Mayor Mayor OPERATING COSTS Mayor Office Expense 2,650 0 225 225 2,425 91.49%0 Mayor Copier Expense 2,400 0 164 164 2,236 93.18%0 Mayor Employee Coffee & Misc 600 0 0 0 600 100.00%0 Mayor Fuels - Gas 1,100 0 0 0 1,100 100.00%0 Mayor Clothing Expense 1,000 0 0 0 1,000 100.00%0 Mayor Community Events Expenses 8,300 0 0 0 8,300 100.00%0 Mayor Vehicle Repair 500 0 18 18 482 96.41%0 Mayor Vehicle Maintenance 500 0 23 23 477 95.35%0 Mayor Software Maintenance 295 0 299 299 (4)(1.34)%560 Mayor Electronics Expense (under $5000)500 0 0 0 500 100.00%0 Mayor Software Acquisition & Licenses (under $25,000)0 0 263 263 (263)0.00%0 Mayor Furniture & Furnishings 500 0 0 0 500 100.00%0 Mayor Computers & Printers (IT use only)6,500 0 0 0 6,500 100.00%0 Mayor Professional Services 5,000 0 0 0 5,000 100.00%0 Mayor Contracted Labor 100 0 0 0 100 100.00%0 Mayor Postage & Mailings 1,250 0 8 8 1,242 99.36%10 Mayor Pagers/Radios/Communications 240 0 33 33 207 86.25%21 Mayor Cellphone Expense 1,980 0 52 52 1,928 97.36%178 Mayor Business Meals 3,350 0 62 62 3,288 98.14%62 Mayor Mileage & Parking Reimbursement 250 0 0 0 250 100.00%5 Mayor Employee Seminars/Training 9,175 0 0 0 9,175 100.00%35 Mayor Travel - Transportation 7,715 0 0 0 7,715 100.00%0 Mayor Travel - Lodging 8,878 0 0 0 8,878 100.00%0 Mayor Travel - Per Diem 1,824 0 0 0 1,824 100.00%0 Mayor Advertising/Promotional 250 0 0 0 250 100.00%0 Mayor Printing/Binding 600 0 0 0 600 100.00%0 Page 23 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Mayor Bldg & Structures Rental & Lease 350 0 0 0 350 100.00%0 Mayor Dues,Licenses,Publications 572 0 122 122 450 78.72%0 Mayor Holiday Expense 75 0 0 0 75 100.00%0 Mayor Volunteer Appreciation expense 550 0 0 0 550 100.00%0 Mayor Total OPERATING COSTS 67,004 0 1,269 1,269 65,735 98.11%870 Mayor Mayor DEPT EXPENDITURES 513,123 0 37,836 37,836 475,287 92.62%38,301 Mayor Mayor Mayor Transfers Mayor Personnel transfer interfund (75,806)0 (6,191)(6,191)(69,615)91.83%(6,217) Mayor Total Transfers (75,806)0 (6,191)(6,191)(69,615)91.83%(6,217) Mayor Mayor TOTAL EXPENDITURES 437,317 0 31,645 31,645 405,672 92.76%32,083 Mayor Page 24 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Finance 1500 - Finance Department Finance PERSONNEL COSTS Finance Wages 676,437 (41)48,955 48,955 627,441 92.76%46,712 Finance Overtime Wages 0 0 87 87 (87)0.00%42 Finance FICA (7.65%)51,744 0 3,590 3,590 48,154 93.06%3,428 Finance PERSI 80,354 0 5,552 5,552 74,802 93.09%5,293 Finance Workers' Comp 4,692 0 0 0 4,692 100.00%0 Finance Employee Insurance 165,319 0 9,348 9,348 155,971 94.34%8,578 Finance Total PERSONNEL COSTS 978,546 (41)67,531 67,531 910,974 93.10%64,053 Finance Finance OPERATING COSTS Finance Office Expense 5,400 0 226 226 5,174 95.81%357 Finance Employee Coffee & Misc 660 0 172 172 488 73.89%0 Finance Software Maintenance 31,775 0 25,610 25,610 6,165 19.40%10,158 Finance Electronics Expense (under $5000)450 0 0 0 450 100.00%0 Finance Furniture & Furnishings 11,500 0 330 330 11,170 97.13%0 Finance Computers & Printers (IT use only)10,650 0 0 0 10,650 100.00%0 Finance Audit & Accounting Services 48,000 0 0 0 48,000 100.00%0 Finance Investment Services 18,000 0 1,359 1,359 16,641 92.44%0 Finance Telephone/Internet 900 0 0 0 900 100.00%0 Finance Postage & Mailings 2,800 0 207 207 2,593 92.61%189 Finance Cellphone Expense 0 0 37 37 (37)0.00%43 Finance Business Meals 640 0 0 0 640 100.00%25 Finance Mileage & Parking Reimbursement 100 0 0 0 100 100.00%48 Finance Employee Seminars/Training 14,719 0 2,337 2,337 12,382 84.12%2,079 Finance Travel - Transportation 3,100 0 0 0 3,100 100.00%0 Finance Travel - Lodging 4,750 0 0 0 4,750 100.00%0 Finance Travel - Per Diem 1,865 0 0 0 1,865 100.00%0 Finance Legal Notices 2,000 0 0 0 2,000 100.00%0 Finance Printing/Binding 5,000 0 135 135 4,865 97.30%776 Finance Dues,Licenses,Publications 2,751 0 640 640 2,111 76.73%640 Finance Holiday Expense 165 0 0 0 165 100.00%0 Finance Miscellaneous Expense 20 (20)0 0 0 0.00%0 Finance Bank & Merchant Charges 0 0 58 58 (58)0.00%0 Finance Total OPERATING COSTS 165,245 (20)31,111 31,111 134,114 81.17%14,314 Finance Finance Capital Outlay Finance CIP - Municipal Center 33,000 (33,000)0 0 0 0.00%0 Finance Total Capital Outlay 33,000 (33,000)0 0 0 0.00%0 Finance Finance DEPT EXPENDITURES 1,176,791 (33,061)98,642 98,642 1,045,088 91.37%78,368 Finance Page 25 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Finance Transfers Finance Personnel transfer interfund (417,191)0 (33,766)(33,766)(383,425)91.90%(32,027) Finance Operating transfer interfund (154,704)0 (14,876)(14,876)(139,828)90.38%(6,706) Finance Total Transfers (571,895)0 (48,641)(48,641)(523,254)91.49%(38,733) Finance Finance TOTAL EXPENDITURES 604,896 (33,061)50,001 50,001 521,834 91.25%39,635 Finance Page 26 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual IT 1510 - Information Technology IT PERSONNEL COSTS IT Wages 990,383 (11,779)77,467 77,467 901,137 92.08%68,118 IT Wages - Seasonal/Parttime 19,200 0 794 794 18,406 95.86%1,276 IT Overtime Wages 14,012 9,929 835 835 23,105 96.51%0 IT FICA (7.65%)78,163 0 5,694 5,694 72,469 92.71%5,023 IT PERSI 119,157 0 8,693 8,693 110,464 92.70%7,379 IT Workers' Comp 6,258 0 0 0 6,258 100.00%0 IT Employee Insurance 240,464 0 17,203 17,203 223,261 92.84%15,500 IT Total PERSONNEL COSTS 1,467,636 (1,850)110,686 110,686 1,355,100 92.45%97,295 IT IT OPERATING COSTS IT Office Expense 1,000 0 38 38 962 96.17%49 IT Copier Expense 2,000 0 0 0 2,000 100.00%0 IT Employee Coffee & Misc 1,140 0 89 89 1,051 92.17%125 IT Safety Expense 100 0 0 0 100 100.00%0 IT Fuels - Gas 700 0 0 0 700 100.00%0 IT Vehicle Repair 500 0 0 0 500 100.00%422 IT Vehicle Maintenance 500 0 0 0 500 100.00%284 IT Software Maintenance 195,622 0 20,534 20,534 175,088 89.50%7,387 IT Equipment & Supplies 100 0 0 0 100 100.00%0 IT Electronics Expense (under $5000)20,000 0 605 605 19,395 96.97%738 IT Software Acquisition & Licenses (under $25,000)134,861 0 837 837 134,024 99.37%900 IT Furniture & Furnishings 6,150 0 0 0 6,150 100.00%7,834 IT Computers & Printers (IT use only)8,800 0 0 0 8,800 100.00%0 IT Professional Services 25,000 (5,000)0 0 20,000 100.00%0 IT Telephone/Internet 17,300 0 1,271 1,271 16,029 92.65%1,262 IT Postage & Mailings 100 0 0 0 100 100.00%0 IT Pagers/Radios/Communications 1,680 0 163 163 1,517 90.30%190 IT Cellphone Expense 4,400 0 258 258 4,142 94.13%258 IT Business Meals 100 0 0 0 100 100.00%0 IT Mileage & Parking Reimbursement 75 0 32 32 44 58.00%0 IT Employee Seminars/Training 44,500 0 650 650 43,850 98.53%600 IT Travel - Transportation 8,000 0 0 0 8,000 100.00%0 IT Travel - Lodging 5,600 0 0 0 5,600 100.00%0 IT Travel - Per Diem 2,400 0 0 0 2,400 100.00%0 IT Printing/Binding 100 0 0 0 100 100.00%0 IT Dues,Licenses,Publications 500 0 0 0 500 100.00%0 IT Holiday Expense 285 0 0 0 285 100.00%0 IT Miscellaneous Expense 10 (10)0 0 0 0.00%0 IT Total OPERATING COSTS 481,523 (5,010)24,476 24,476 452,037 94.86%20,048 IT Page 27 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual IT Capital Outlay IT Capital - Computers & Printers 400,000 0 0 0 400,000 100.00%0 IT Total Capital Outlay 400,000 0 0 0 400,000 100.00%0 IT IT DEPT EXPENDITURES 2,349,159 (6,860)135,163 135,163 2,207,136 94.22%117,343 IT IT Transfers IT Personnel transfer interfund (733,819)0 (55,343)(55,343)(678,476)92.45%(48,647) IT Operating transfer interfund (417,562)0 (12,238)(12,238)(405,324)97.06%(6,903) IT Total Transfers (1,151,381)0 (67,581)(67,581)(1,083,799)94.13%(55,551) IT IT TOTAL EXPENDITURES 1,197,778 (6,860)67,581 67,581 1,123,337 94.32%61,793 IT Page 28 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Legal 1520 - Legal Dept Legal PERSONNEL COSTS Legal Wages 514,334 0 41,208 41,208 473,126 91.98%40,209 Legal FICA (7.65%)39,347 0 3,007 3,007 36,339 92.35%2,925 Legal PERSI 61,380 0 4,665 4,665 56,716 92.40%4,552 Legal Workers' Comp 1,019 0 0 0 1,019 100.00%0 Legal Employee Insurance 75,145 0 5,190 5,190 69,955 93.09%5,846 Legal Total PERSONNEL COSTS 691,225 0 54,070 54,070 637,155 92.18%53,532 Legal Legal OPERATING COSTS Legal Office Expense 2,500 0 0 0 2,500 100.00%50 Legal Employee Coffee & Misc 300 0 0 0 300 100.00%0 Legal Software Maintenance 1,180 0 1,196 1,196 (16)(1.33)%840 Legal Electronics Expense (under $5000)500 0 0 0 500 100.00%0 Legal Furniture & Furnishings 500 0 0 0 500 100.00%0 Legal Computers & Printers (IT use only)2,950 0 0 0 2,950 100.00%0 Legal Professional Services 35,500 0 0 0 35,500 100.00%0 Legal Legal Services 80,000 0 0 0 80,000 100.00%0 Legal Postage & Mailings 150 0 5 5 146 97.00%0 Legal Pagers/Radios/Communications 480 0 19 19 461 96.08%21 Legal Cellphone Expense 1,008 0 84 84 924 91.66%84 Legal Business Meals 100 0 0 0 100 100.00%0 Legal Mileage & Parking Reimbursement 100 0 8 8 92 92.49%30 Legal Employee Seminars/Training 4,000 0 830 830 3,170 79.24%599 Legal Travel - Transportation 1,000 0 959 959 41 4.09%0 Legal Travel - Lodging 1,000 0 838 838 162 16.16%0 Legal Travel - Per Diem 500 0 567 567 (66)(13.29)%0 Legal Printing/Binding 150 0 0 0 150 100.00%0 Legal Dues,Licenses,Publications 10,162 0 0 0 10,162 100.00%385 Legal Holiday Expense 75 0 0 0 75 100.00%0 Legal Total OPERATING COSTS 142,155 0 4,504 4,504 137,651 96.83%2,010 Legal Legal Capital Outlay Legal CIP - Municipal Center 100,000 0 0 0 100,000 100.00%0 Legal Total Capital Outlay 100,000 0 0 0 100,000 100.00%0 Legal Legal DEPT EXPENDITURES 933,380 0 58,574 58,574 874,805 93.72%55,541 Legal Legal Legal Transfers Legal Personnel transfer interfund (345,612)0 (27,035)(27,035)(318,577)92.17%(26,766) Legal Operating transfer interfund (71,078)0 (2,252)(2,252)(68,825)96.83%(460) Page 29 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Legal Legal Total Transfers (416,690)0 (29,287)(29,287)(387,403)92.97%(27,226) Legal Legal TOTAL EXPENDITURES 516,690 0 29,287 29,287 487,402 94.33%28,316 Legal Page 30 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual HR 1540 - Human Resources HR PERSONNEL COSTS HR Wages 270,454 0 20,579 20,579 249,875 92.39%21,150 HR Wages - Seasonal/Parttime 20,000 0 0 0 20,000 100.00%0 HR FICA (7.65%)22,219 0 1,463 1,463 20,756 93.41%1,532 HR PERSI 31,962 0 2,330 2,330 29,633 92.71%2,394 HR Workers' Comp 812 0 0 0 812 100.00%0 HR Employee Insurance 140,145 0 6,696 6,696 133,449 95.22%10,174 HR Total PERSONNEL COSTS 485,593 0 31,067 31,067 454,525 93.60%35,251 HR HR OPERATING COSTS HR Office Expense 4,500 0 690 690 3,810 84.66%211 HR Copier Expense 7,926 0 433 433 7,494 94.53%597 HR Employee Coffee & Misc 300 0 0 0 300 100.00%0 HR Software Maintenance 19,860 0 13,983 13,983 5,877 29.59%13,457 HR Electronics Expense (under $5000)500 0 0 0 500 100.00%0 HR Furniture & Furnishings 500 0 0 0 500 100.00%0 HR Computers & Printers (IT use only)2,350 0 0 0 2,350 100.00%0 HR Professional Services 74,650 0 0 0 74,650 100.00%2,000 HR Background/Employment Testing 11,500 0 375 375 11,125 96.74%30 HR Postage & Mailings 400 0 24 24 376 94.09%14 HR Cellphone Expense 1,800 0 110 110 1,690 93.88%110 HR Business Meals 100 0 0 0 100 100.00%10 HR Mileage & Parking Reimbursement 100 0 0 0 100 100.00%12 HR Employee Seminars/Training 10,210 0 375 375 9,835 96.32%819 HR City Training Classes 65,621 5,000 4,520 4,520 66,101 93.59%0 HR Wellness Program 17,000 0 851 851 16,150 94.99%599 HR Advertising/Promotional 14,000 0 0 0 14,000 100.00%7,659 HR Printing/Binding 1,000 0 0 0 1,000 100.00%0 HR Dues,Licenses,Publications 8,613 0 2,598 2,598 6,015 69.83%380 HR Holiday Expense 75 0 0 0 75 100.00%0 HR Suspense (no receipts)0 0 0 0 0 0.00%307 HR Employee Education Reimbursement 12,000 0 0 0 12,000 100.00%0 HR Employee Longevity awards 5,500 0 0 0 5,500 100.00%0 HR Total OPERATING COSTS 258,505 5,000 23,958 23,958 239,547 90.91%26,204 HR HR DEPT EXPENDITURES 744,098 5,000 55,025 55,025 694,073 92.65%61,455 HR HR Transfers HR Personnel transfer interfund (208,778)0 (15,534)(15,534)(193,245)92.55%(17,625) HR Operating transfer interfund (120,771)0 (11,979)(11,979)(108,792)90.08%(12,977) HR Page 31 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual HR Total Transfers (329,550)0 (27,513)(27,513)(302,037)91.65%(30,603) HR HR TOTAL EXPENDITURES 414,549 5,000 27,513 27,513 392,036 93.44%30,853 HR Page 32 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Oth Gov 1840 - Other Govt/St Lighting Oth Gov REVENUES Oth Gov General Property Tax Revenue 30,808,064 0 44,679 44,679 30,763,385 99.85%38,666 Oth Gov Gas Franchise Revenue 600,000 0 0 0 600,000 100.00%0 Oth Gov Cable TV Franchise Revenue 200,000 0 0 0 200,000 100.00%0 Oth Gov Electricity Franchise Revenue 510,000 0 0 0 510,000 100.00%0 Oth Gov State Revenue Sharing Revenue 5,982,741 0 (440,227)(440,227)6,422,968 107.35%0 Oth Gov State Liquor Apportionment Revenue 834,960 0 0 0 834,960 100.00%0 Oth Gov Restitution 0 0 0 0 0 0.00%44 Oth Gov MAC Arts Commission Revenues 10,000 0 0 0 10,000 100.00%0 Oth Gov Interest Earnings 127,000 0 45,964 45,964 81,036 63.80%23,771 Oth Gov Total REVENUES 39,072,765 0 (349,584)(349,584)39,422,349 100.89%62,481 Oth Gov Oth Gov PERSONNEL COSTS Oth Gov Wages 146,304 0 9,723 9,723 136,581 93.35%11,500 Oth Gov Wages - Seasonal/Parttime 6,000 0 386 386 5,614 93.56%368 Oth Gov FICA (7.65%)11,651 0 746 746 10,905 93.59%877 Oth Gov PERSI 17,469 0 1,101 1,101 16,368 93.69%1,302 Oth Gov Workers' Comp 3,159 0 0 0 3,159 100.00%0 Oth Gov Employee Insurance 30,058 0 2,350 2,350 27,708 92.18%2,347 Oth Gov Total PERSONNEL COSTS 214,641 0 14,306 14,306 200,335 93.33%16,394 Oth Gov Oth Gov OPERATING COSTS Oth Gov Office Expense 1,500 0 0 0 1,500 100.00%0 Oth Gov Copier Expense 7,000 0 1,470 1,470 5,530 78.99%0 Oth Gov Employee Coffee & Misc 180 0 0 0 180 100.00%0 Oth Gov Building Maintenance 19,450 0 0 0 19,450 100.00%162 Oth Gov Parking/Asphalt Maintenance 2,800 0 0 0 2,800 100.00%0 Oth Gov Street Light/Signs Repairs/Maintenance 30,000 0 2,537 2,537 27,463 91.54%4,991 Oth Gov Grounds Maintenance 300 0 0 0 300 100.00%0 Oth Gov Software Maintenance 415 900 374 374 941 71.56%344 Oth Gov Alarm Service/Sprinkler System 1,200 0 60 60 1,140 94.99%0 Oth Gov Historical Preservation 16,025 0 17 17 16,008 99.89%67 Oth Gov Misc Contributions 25,500 0 0 0 25,500 100.00%0 Oth Gov Transportation Services 194,938 0 0 0 194,938 100.00%0 Oth Gov Senior Transportation 16,000 0 0 0 16,000 100.00%(4,896) Oth Gov Allumbaugh House 62,419 0 0 0 62,419 100.00%14,365 Oth Gov Equipment & Supplies 264,639 0 578 578 264,061 99.78%3,938 Oth Gov Electronics Expense (under $5000)250 0 0 0 250 100.00%0 Oth Gov Professional Services 37,730 0 0 0 37,730 100.00%0 Oth Gov Arts Commission Expenses 22,450 0 2,338 2,338 20,112 89.58%26 Oth Gov Telephone/Internet 0 0 69 69 (69)0.00%61 Page 33 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Oth Gov Postage & Mailings 6,000 0 348 348 5,652 94.20%0 Oth Gov Pagers/Radios/Communications 240 0 0 0 240 100.00%0 Oth Gov Cellphone Expense 600 0 58 58 542 90.33%86 Oth Gov Business Meals 100 0 0 0 100 100.00%0 Oth Gov Mileage & Parking Reimbursement 70 0 0 0 70 100.00%0 Oth Gov Employee Seminars/Training 2,125 0 0 0 2,125 100.00%0 Oth Gov Travel - Transportation 650 0 0 0 650 100.00%0 Oth Gov Travel - Lodging 850 0 0 0 850 100.00%0 Oth Gov Travel - Per Diem 400 0 0 0 400 100.00%0 Oth Gov Advertising/Promotional 12,000 0 122 122 11,878 98.98%6,444 Oth Gov Printing/Binding 250 0 0 0 250 100.00%0 Oth Gov Insurance Premium/Claims 0 0 3,688 3,688 (3,688)0.00%(572) Oth Gov Electricity - Idaho Power 325,600 0 26,774 26,774 298,826 91.77%25,174 Oth Gov Dues,Licenses,Publications 70,097 (900)42,799 42,799 26,399 38.14%42,280 Oth Gov Irrigation Taxes 400 0 367 367 33 8.18%163 Oth Gov ADA Compliance 10,000 0 0 0 10,000 100.00%0 Oth Gov Holiday Expense 45 0 0 0 45 100.00%0 Oth Gov Miscellaneous Expense 4,360 229 0 0 4,589 100.00%43 Oth Gov Volunteer Appreciation expense 2,500 0 0 0 2,500 100.00%0 Oth Gov Grant Expenditures 0 0 0 0 0 0.00%850 Oth Gov Total OPERATING COSTS 1,139,083 229 81,598 81,598 1,057,715 92.84%93,525 Oth Gov Oth Gov Capital Outlay Oth Gov Capital - Signs/Art 143,438 0 0 0 143,438 100.00%0 Oth Gov Total Capital Outlay 143,438 0 0 0 143,438 100.00%0 Oth Gov Oth Gov DEPT EXPENDITURES 1,497,163 229 95,904 95,904 1,401,488 93.59%109,919 Oth Gov Oth Gov Transfers Oth Gov Personnel transfer interfund (107,321)0 (7,153)(7,153)(100,167)93.33%(7,998) Oth Gov Total Transfers (107,321)0 (7,153)(7,153)(100,167)93.33%(7,998) Oth Gov Oth Gov Interfund Cash Transfers Oth Gov Operating Transfer In (406,469)280,970 0 0 (125,499)100.00%0 Oth Gov Transfer of Equity 406,469 0 0 0 406,469 100.00%0 Oth Gov Total Interfund Cash Transfers 0 280,970 0 0 280,970 100.00%0 Oth Gov Oth Gov TOTAL EXPENDITURES 1,389,842 281,199 88,751 88,751 1,582,291 94.68%101,922 Oth Gov Page 34 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual City Hall 1850 - City Hall City Hall REVENUES City Hall Rental Income 19,000 0 1,681 1,681 17,319 91.15%1,661 City Hall Total REVENUES 19,000 0 1,681 1,681 17,319 91.15%1,661 City Hall City Hall PERSONNEL COSTS City Hall Wages 148,995 0 3,875 3,875 145,119 97.39%8,508 City Hall Overtime Wages 452 0 437 437 15 3.42%0 City Hall FICA (7.65%)11,433 0 330 330 11,103 97.11%620 City Hall PERSI 17,844 0 488 488 17,356 97.26%963 City Hall Workers' Comp 4,957 0 0 0 4,957 100.00%0 City Hall Employee Insurance 45,447 0 625 625 44,822 98.62%1,970 City Hall Total PERSONNEL COSTS 229,128 0 5,755 5,755 223,373 97.49%12,061 City Hall City Hall OPERATING COSTS City Hall Office Expense 1,200 0 26 26 1,174 97.81%0 City Hall Employee Coffee & Misc 180 0 0 0 180 100.00%0 City Hall Janitorial 129,703 0 11,223 11,223 118,480 91.34%191 City Hall Safety Expense 350 0 0 0 350 100.00%15 City Hall Shop Supplies 2,500 0 0 0 2,500 100.00%118 City Hall Fuels - Gas 1,000 0 36 36 964 96.39%0 City Hall Clothing Expense 500 0 0 0 500 100.00%0 City Hall Medical Supplies 0 0 0 0 0 0.00%109 City Hall Building Maintenance 156,757 0 3,886 3,886 152,870 97.52%3,332 City Hall Parking/Asphalt Maintenance 10,960 0 0 0 10,960 100.00%5,845 City Hall Vehicle Repair 2,000 0 0 0 2,000 100.00%0 City Hall Vehicle Maintenance 2,000 0 0 0 2,000 100.00%12 City Hall Equipment Maintenance & Repair 200 0 0 0 200 100.00%0 City Hall Alarm Service/Sprinkler System 17,177 0 590 590 16,587 96.56%0 City Hall Equipment & Supplies 4,000 0 0 0 4,000 100.00%215 City Hall Electronics Expense (under $5000)1,500 0 0 0 1,500 100.00%0 City Hall Software Acquisition & Licenses (under $25,000)0 0 263 263 (263)0.00%0 City Hall Furniture & Furnishings 1,600 0 0 0 1,600 100.00%0 City Hall Computers & Printers (IT use only)3,000 0 0 0 3,000 100.00%0 City Hall Arts Commission Expenses 5,066 0 0 0 5,066 100.00%0 City Hall Telephone/Internet 1,935 0 174 174 1,761 91.00%158 City Hall Postage & Mailings 3,869 0 0 0 3,869 100.00%0 City Hall Pagers/Radios/Communications 720 0 0 0 720 100.00%0 City Hall Cellphone Expense 2,050 0 53 53 1,997 97.42%76 City Hall Employee Seminars/Training 2,400 0 0 0 2,400 100.00%0 City Hall Printing/Binding 2,000 0 0 0 2,000 100.00%0 City Hall Insurance Premium/Claims 22,398 0 9,899 9,899 12,499 55.80%9,523 Page 35 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual City Hall Electricity - Idaho Power 96,663 0 7,831 7,831 88,832 91.89%7,481 City Hall Intermountain Gas 15,000 0 552 552 14,448 96.31%702 City Hall Bldg & Structures Rental & Lease 20,921 0 1,693 1,693 19,228 91.90%1,643 City Hall Dues,Licenses,Publications 355 0 0 0 355 100.00%0 City Hall Irrigation Taxes 400 0 153 153 247 61.84%346 City Hall Holiday Expense 45 0 0 0 45 100.00%0 City Hall Miscellaneous Expense 10 (10)0 0 0 0.00%0 City Hall Total OPERATING COSTS 508,459 (10)36,379 36,379 472,070 92.85%29,766 City Hall City Hall Capital Outlay City Hall Improvement - pavement sidewalks 27,208 0 0 0 27,208 100.00%0 City Hall CIP - Municipal Center 300,542 33,000 0 0 333,542 100.00%0 City Hall Total Capital Outlay 327,750 33,000 0 0 360,750 100.00%0 City Hall City Hall DEPT EXPENDITURES 1,065,337 32,990 42,135 42,135 1,056,192 96.16%41,828 City Hall City Hall City Hall Transfers City Hall Personnel transfer interfund (93,210)0 (3,305)(3,305)(89,906)96.45%(6,926) City Hall Operating transfer interfund (291,117)0 (20,889)(20,889)(270,228)92.82%(16,979) City Hall Total Transfers (384,327)0 (24,194)(24,194)(360,134)93.70%(23,905) City Hall City Hall TOTAL EXPENDITURES 681,010 32,990 17,941 17,941 696,059 97.48%17,923 City Hall Page 36 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Com Dev 1910 - Community Development Depts Com Dev REVENUES Com Dev Bldg Permits - Residential Revenue 2,566,147 0 236,075 236,075 2,330,072 90.80%174,591 Com Dev Plumbing Permit Revenues 318,500 0 51,082 51,082 267,418 83.96%43,926 Com Dev Mechanical Permit Revenues 441,000 0 56,198 56,198 384,802 87.25%48,922 Com Dev Electrical Permit Revenues 245,000 0 41,592 41,592 203,408 83.02%36,160 Com Dev Fire Inspection & Permit Fees 294,000 0 47,846 47,846 246,154 83.72%45,176 Com Dev Bldg Permits - Multifamily Revenue 84,913 0 118,915 118,915 (34,002)(40.04)%106,780 Com Dev Bldg Permits - Commercial Revenue 833,000 0 56,587 56,587 776,413 93.20%99,925 Com Dev Flood Plain Permit Revenue 0 0 50 50 (50)0.00%25 Com Dev Filing Fees - Revenues 200,000 0 16,916 16,916 183,084 91.54%12,388 Com Dev Miscellaneous Revenues 0 0 0 0 0 0.00%60 Com Dev Total REVENUES 4,982,560 0 625,260 625,260 4,357,300 87.45%567,953 Com Dev Com Dev PERSONNEL COSTS Com Dev Wages 1,080,468 0 67,608 67,608 1,012,860 93.74%73,289 Com Dev Wages - Seasonal/Parttime 0 0 2,962 2,962 (2,962)0.00%1,832 Com Dev Overtime Wages 332 0 0 0 332 100.00%0 Com Dev FICA (7.65%)82,681 0 5,170 5,170 77,511 93.74%5,526 Com Dev PERSI 128,151 0 7,988 7,988 120,163 93.76%8,504 Com Dev Workers' Comp 6,136 0 0 0 6,136 100.00%0 Com Dev Employee Insurance 240,644 0 13,787 13,787 226,857 94.27%13,873 Com Dev Total PERSONNEL COSTS 1,538,413 0 97,515 97,515 1,440,898 93.66%103,025 Com Dev Com Dev OPERATING COSTS Com Dev Office Expense 3,500 0 352 352 3,148 89.94%17 Com Dev Copier Expense 8,056 0 558 558 7,498 93.07%621 Com Dev Employee Coffee & Misc 1,980 0 0 0 1,980 100.00%0 Com Dev Fuels - Gas 500 0 0 0 500 100.00%0 Com Dev Vehicle Repair 500 0 0 0 500 100.00%0 Com Dev Vehicle Maintenance 500 0 20 20 480 96.02%0 Com Dev Software Maintenance 23,805 0 18,381 18,381 5,424 22.78%16,608 Com Dev Electronics Expense (under $5000)2,000 0 22 22 1,978 98.88%0 Com Dev Software Acquisition & Licenses (under $25,000)330 0 526 526 (196)(59.46)%0 Com Dev Furniture & Furnishings 1,850 0 0 0 1,850 100.00%0 Com Dev Computers & Printers (IT use only)9,100 0 0 0 9,100 100.00%0 Com Dev Professional Services 15,000 0 1,500 1,500 13,500 90.00%0 Com Dev Contracted Labor 43,500 0 3,683 3,683 39,817 91.53%262 Com Dev Building Inspections 915,637 0 100,678 100,678 814,959 89.00%92,519 Com Dev Mechanical Inspections 286,650 0 33,719 33,719 252,931 88.23%29,353 Com Dev Electrical Inspections 159,250 0 29,114 29,114 130,136 81.71%25,396 Com Dev Plumbing Inspections 191,100 0 30,649 30,649 160,451 83.96%26,415 Page 37 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Com Dev Fire Inspections 415,643 0 35,025 35,025 380,618 91.57%32,979 Com Dev Postage & Mailings 600 0 38 38 562 93.61%9 Com Dev Pagers/Radios/Communications 5,400 0 407 407 4,993 92.45%446 Com Dev Cellphone Expense 3,240 0 161 161 3,079 95.02%248 Com Dev Business Meals 1,220 0 53 53 1,167 95.62%671 Com Dev Mileage & Parking Reimbursement 100 0 5 5 95 94.99%28 Com Dev Employee Seminars/Training 13,395 0 239 239 13,156 98.21%445 Com Dev Travel - Transportation 7,935 0 0 0 7,935 100.00%0 Com Dev Travel - Lodging 10,850 0 0 0 10,850 100.00%0 Com Dev Travel - Per Diem 3,830 0 0 0 3,830 100.00%0 Com Dev Advertising/Promotional 14,000 0 0 0 14,000 100.00%0 Com Dev Legal Notices 12,000 0 766 766 11,234 93.61%0 Com Dev Printing/Binding 7,000 0 212 212 6,788 96.96%0 Com Dev Dues,Licenses,Publications 20,617 0 2,009 2,009 18,608 90.25%1,022 Com Dev Commission Expense 200 0 0 0 200 100.00%0 Com Dev Holiday Expense 465 0 0 0 465 100.00%0 Com Dev Meridian Development 75,000 0 0 0 75,000 100.00%0 Com Dev Miscellaneous Expense 10 (10)0 0 0 0.00%0 Com Dev Bank & Merchant Charges 0 0 0 0 0 0.00%(10) Com Dev Grant Expenditures 0 0 0 0 0 0.00%119 Com Dev Total OPERATING COSTS 2,254,763 (10)258,118 258,118 1,996,635 88.55%227,148 Com Dev Com Dev DEPT EXPENDITURES 3,793,176 (10)355,633 355,633 3,437,533 90.62%330,172 Com Dev Com Dev Com Dev Transfers Com Dev Personnel transfer interfund (59,451)0 (4,873)(4,873)(54,578)91.80%(4,584) Com Dev Personnel Transfer of Expense 48,462 0 3,013 3,013 45,449 93.78%3,967 Com Dev Operating Transfer of Expense 65,504 0 4,700 4,700 60,804 92.82%3,820 Com Dev Total Transfers 54,515 0 2,840 2,840 51,675 94.79%3,203 Com Dev Com Dev TOTAL EXPENDITURES 3,847,691 (10)358,473 358,473 3,489,208 90.68%333,375 Com Dev Police 2110 - Police Department Police REVENUES Police Dog License Revenues 45,000 0 1,213 1,213 43,788 97.30%2,249 Police False Alarm Fees 2,000 0 2,430 2,430 (430)(21.49)%3,320 Police Grant Revenues 0 0 0 0 0 0.00%(15,287) Police Reimbursement Revenues 0 0 173 173 (173)0.00%(476) Police Court Revenue 350,000 0 0 0 350,000 100.00%0 Police Restitution 0 0 316 316 (316)0.00%229 Police State Drug Seizure Revenue 0 0 2,100 2,100 (2,100)0.00%422 Page 38 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Police School Resource Revenue 423,516 0 1,974 1,974 421,542 99.53%0 Police Rental Income 3,000 0 850 850 2,150 71.66%2,525 Police Impact Rev - Multifamily 0 0 19,544 19,544 (19,544)0.00%18,729 Police Impact Rev - Commercial 20,000 0 1,488 1,488 18,512 92.56%3,728 Police Impact Rev - Residential 176,436 0 22,258 22,258 154,178 87.38%16,397 Police Fines, Forfeit Revenues 5,000 0 720 720 4,280 85.60%1,020 Police Sale of Assets - Gain(Loss)0 0 593 593 (593)0.00%0 Police Total REVENUES 1,024,952 0 53,657 53,657 971,295 94.76%32,857 Police Police PERSONNEL COSTS Police Wages 9,530,805 0 703,777 703,777 8,827,028 92.61%657,025 Police K-9 Wages 36,179 0 3,609 3,609 32,569 90.02%2,956 Police Wages - Seasonal/Parttime 18,585 0 1,726 1,726 16,859 90.71%1,648 Police Overtime Wages 664,727 0 74,485 74,485 590,242 88.79%53,513 Police Uniform Allowance 134,120 0 111,850 111,850 22,270 16.60%103,450 Police FICA (7.65%)794,408 0 66,031 66,031 728,377 91.68%60,464 Police PERSI 1,270,293 0 90,848 90,848 1,179,445 92.84%82,911 Police Workers' Comp 342,723 0 0 0 342,723 100.00%0 Police Employee Insurance 2,134,118 0 140,593 140,593 1,993,525 93.41%125,868 Police Total PERSONNEL COSTS 14,925,958 0 1,192,920 1,192,920 13,733,039 92.01%1,087,834 Police Police OPERATING COSTS Police Office Expense 32,421 105 1,022 1,022 31,504 96.85%3,199 Police Copier Expense 22,408 0 1,815 1,815 20,593 91.90%534 Police Employee Coffee & Misc 9,245 0 419 419 8,826 95.46%396 Police Janitorial 60,803 0 4,658 4,658 56,145 92.33%0 Police Safety Expense 3,500 184 0 0 3,684 100.00%275 Police Shop Supplies 4,000 0 39 39 3,961 99.01%0 Police Fuels - Gas 280,000 0 15,507 15,507 264,493 94.46%12,209 Police Clothing Expense 100,830 0 3,029 3,029 97,801 96.99%2,491 Police Medical Supplies 15,267 0 0 0 15,267 100.00%331 Police Data Access Expense 1,800 0 0 0 1,800 100.00%0 Police Investigation Expenses 11,000 0 120 120 10,880 98.90%592 Police K-9 Expenses 6,000 0 1,219 1,219 4,781 79.67%1,168 Police Community Events Expenses 9,900 0 600 600 9,300 93.93%3,090 Police Building Maintenance 117,346 0 6,103 6,103 111,243 94.79%6,154 Police Parking/Asphalt Maintenance 9,085 0 5,945 5,945 3,140 34.56%0 Police Vehicle Repair 78,000 0 6,439 6,439 71,561 91.74%1,156 Police Vehicle Maintenance 115,800 0 3,017 3,017 112,783 97.39%2,450 Police Equipment Maintenance & Repair 500 0 55 55 445 89.00%55 Police Software Maintenance 182,167 0 10,760 10,760 171,407 94.09%9,354 Police Alarm Service/Sprinkler System 4,315 0 225 225 4,090 94.79%0 Page 39 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Police Misc Contributions 2,500 0 95 95 2,405 96.20%0 Police Equipment & Supplies 62,379 2,200 10,153 10,153 54,426 84.27%7,757 Police Ammunition & Firearms 103,896 2,600 5,971 5,971 100,525 94.39%3,987 Police SWAT Equipment 40,828 0 390 390 40,438 99.04%950 Police Electronics Expense (under $5000)15,887 0 1,967 1,967 13,920 87.61%87 Police Software Acquisition & Licenses (under $25,000)5,500 0 2,105 2,105 3,395 61.72%0 Police Furniture & Furnishings 12,950 0 3,346 3,346 9,604 74.16%765 Police Computers & Printers (IT use only)99,920 (520)0 0 99,400 100.00%0 Police Professional Services 119,502 (70,000)11,796 11,796 37,706 76.17%12,207 Police Contracted Labor 0 0 0 0 0 0.00%666 Police Legal Services - Prosecution 373,161 0 29,975 29,975 343,186 91.96%28,255 Police Background/Employment Testing 9,600 0 0 0 9,600 100.00%0 Police Contracted Services 370,132 0 31,761 31,761 338,371 91.41%30,844 Police Telephone/Internet 15,658 (105)722 722 14,831 95.36%707 Police Postage & Mailings 10,600 0 1,254 1,254 9,346 88.16%676 Police Pagers/Radios/Communications 38,862 520 2,565 2,565 36,817 93.48%3,622 Police ILETS Network 20,000 0 3,125 3,125 16,875 84.37%3,125 Police Cellphone Expense 84,152 0 5,498 5,498 78,654 93.46%4,904 Police Business Meals 4,000 0 70 70 3,931 98.26%80 Police Mileage & Parking Reimbursement 1,950 0 74 74 1,876 96.20%0 Police Employee Seminars/Training 95,438 0 1,900 1,900 93,538 98.00%9,425 Police Travel - Transportation 22,225 0 0 0 22,225 100.00%2,108 Police Travel - Lodging 42,863 0 0 0 42,863 100.00%4,217 Police Travel - Per Diem 22,225 0 0 0 22,225 100.00%1,808 Police Advertising/Promotional 0 0 3,275 3,275 (3,275)0.00%16,751 Police Printing/Binding 9,500 0 0 0 9,500 100.00%1,560 Police Insurance Premium/Claims 127,499 0 58,620 58,620 68,879 54.02%57,585 Police Electricity - Idaho Power 59,102 0 3,214 3,214 55,888 94.56%3,143 Police Intermountain Gas 21,333 0 197 197 21,136 99.07%193 Police Sanitary Services 300 0 0 0 300 100.00%0 Police Equipment Rental & Lease 625 0 0 0 625 100.00%0 Police Dues,Licenses,Publications 68,668 0 1,374 1,374 67,294 97.99%1,516 Police Irrigation Taxes 3,000 0 2,607 2,607 393 13.11%2,608 Police Holiday Expense 2,145 0 0 0 2,145 100.00%0 Police Property Abatement 5,000 0 0 0 5,000 100.00%235 Police Miscellaneous Expense 100 (100)0 0 0 0.00%0 Police Drug Seizure Enforcemnt Exp 8,500 0 399 399 8,101 95.30%1,134 Police Total OPERATING COSTS 2,944,386 (65,116)243,426 243,426 2,635,844 91.55%244,367 Police Police Capital Outlay Police Capital - Vehicles 432,440 (4,984)14,174 14,174 413,282 96.68%77,049 Police Capital - Equipment 90,600 0 20,000 20,000 70,600 77.92%0 Page 40 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Police Capital - K-9 & Equipment 16,000 0 0 0 16,000 100.00%0 Police Public Safety Training Ctr 0 70,000 0 0 70,000 100.00%0 Police Total Capital Outlay 539,040 65,016 34,174 34,174 569,882 94.34%77,049 Police Police DEPT EXPENDITURES 18,409,385 (100)1,470,520 1,470,520 16,938,765 92.01%1,409,250 Police Police Police Interfund Cash Transfers Police Operating Transfer In 0 (140,485)0 0 (140,485)100.00%0 Police Total Interfund Cash Transfers 0 (140,485)0 0 (140,485)100.00%0 Police Police TOTAL EXPENDITURES 18,409,385 (140,585)1,470,520 1,470,520 16,798,280 91.95%1,409,250 Police Page 41 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Fire 2210 - Fire Department Fire REVENUES Fire Fire Inspection & Permit Fees 0 0 347 347 (347)0.00%230 Fire Reimbursement Revenues 0 0 1,310 1,310 (1,310)0.00%0 Fire Restitution 0 0 26 26 (26)0.00%0 Fire Rural Fire & Misc Revenue 2,482,142 (16,489)0 0 2,465,653 100.00%145,486 Fire Impact Rev - Multifamily 0 0 79,354 79,354 (79,354)0.00%76,048 Fire Impact Rev - Commercial 60,000 0 6,163 6,163 53,837 89.72%15,443 Fire Impact Rev - Residential 500,000 0 90,375 90,375 409,625 81.92%66,679 Fire Donations (plus project code)0 0 11,486 11,486 (11,486)0.00%8,196 Fire Total REVENUES 3,042,142 (16,489)189,062 189,062 2,836,591 93.75%312,082 Fire Fire PERSONNEL COSTS Fire Wages 6,940,308 0 521,099 521,099 6,419,210 92.49%463,003 Fire Wages - Seasonal/Parttime 15,961 0 1,259 1,259 14,702 92.11%1,630 Fire Overtime Wages 614,793 0 58,715 58,715 556,078 90.44%88,270 Fire FICA (7.65%)579,186 0 42,583 42,583 536,603 92.64%40,780 Fire PERSI 926,635 0 67,976 67,976 858,658 92.66%64,230 Fire Workers' Comp 331,938 0 0 0 331,938 100.00%0 Fire Employee Insurance 1,322,552 0 96,109 96,109 1,226,443 92.73%89,210 Fire Total PERSONNEL COSTS 10,731,373 0 787,741 787,741 9,943,632 92.66%747,123 Fire Fire OPERATING COSTS Fire Office Expense 7,950 0 284 284 7,666 96.42%250 Fire Copier Expense 8,671 0 0 0 8,671 100.00%0 Fire Employee Coffee & Misc 5,640 0 9 9 5,631 99.83%0 Fire Janitorial 15,298 0 589 589 14,709 96.15%785 Fire Safety Expense 200 0 0 0 200 100.00%0 Fire Shop Supplies 5,200 0 86 86 5,114 98.34%324 Fire Dispatch Service 96,000 0 21,781 21,781 74,219 77.31%0 Fire Fuels - Gas 95,650 0 0 0 95,650 100.00%0 Fire Fuels - Diesel/Propane 2,250 0 0 0 2,250 100.00%0 Fire Clothing Expense 85,000 0 14,296 14,296 70,704 83.18%6,076 Fire SCBA/Bottles/Co Tester 34,425 0 546 546 33,879 98.41%1,410 Fire Medical Supplies 15,000 0 250 250 14,750 98.33%1,194 Fire JPA Medical Svc & Supplies 33,500 0 0 0 33,500 100.00%0 Fire Community Events Expenses 1,500 0 0 0 1,500 100.00%31 Fire Building Maintenance 74,825 0 5,096 5,096 69,729 93.18%1,784 Fire Parking/Asphalt Maintenance 1,600 0 0 0 1,600 100.00%0 Fire Vehicle Repair 59,800 0 3,974 3,974 55,826 93.35%12,222 Fire Vehicle Maintenance 53,500 0 3,306 3,306 50,194 93.82%7,662 Fire Equipment Maintenance & Repair 24,815 0 3,040 3,040 21,775 87.74%212 Page 42 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Fire Grounds Maintenance 625 0 0 0 625 100.00%0 Fire Software Maintenance 112,864 0 1,627 1,627 111,237 98.55%5,421 Fire Alarm Service/Sprinkler System 7,882 0 515 515 7,367 93.46%0 Fire Flag/Banner Expense 1,050 0 0 0 1,050 100.00%0 Fire Equipment & Supplies 182,317 0 1,660 1,660 180,657 99.08%3,520 Fire Turnout Equipment 138,526 0 4,649 4,649 133,877 96.64%339 Fire Electronics Expense (under $5000)7,150 0 98 98 7,052 98.62%60 Fire Furniture & Furnishings 11,709 0 15 15 11,694 99.87%179 Fire Computers & Printers (IT use only)16,950 0 0 0 16,950 100.00%0 Fire Professional Services 60,000 0 0 0 60,000 100.00%0 Fire Preventative Health Exp 45,705 0 0 0 45,705 100.00%1,870 Fire Background/Employment Testing 14,300 0 0 0 14,300 100.00%935 Fire Telephone/Internet 4,928 0 447 447 4,482 90.93%395 Fire Postage & Mailings 2,282 0 102 102 2,180 95.52%179 Fire Pagers/Radios/Communications 6,305 0 19 19 6,286 99.70%125 Fire Cellphone Expense 15,620 0 1,702 1,702 13,918 89.10%631 Fire Business Meals 2,400 0 0 0 2,400 100.00%0 Fire Mileage & Parking Reimbursement 100 0 0 0 100 100.00%0 Fire Employee Seminars/Training 50,267 0 3,915 3,915 46,352 92.21%1,550 Fire Travel - Transportation 15,586 0 821 821 14,765 94.73%0 Fire Travel - Lodging 27,870 0 1,253 1,253 26,617 95.50%0 Fire Travel - Per Diem 14,781 0 448 448 14,333 96.96%0 Fire City Training Classes 6,969 0 0 0 6,969 100.00%545 Fire Advertising/Promotional 7,000 0 0 0 7,000 100.00%0 Fire Legal Notices 0 0 0 0 0 0.00%74 Fire Printing/Binding 2,200 0 0 0 2,200 100.00%213 Fire Insurance Premium/Claims 89,594 0 39,597 39,597 49,997 55.80%38,092 Fire Electricity - Idaho Power 33,500 0 2,214 2,214 31,286 93.39%2,051 Fire Intermountain Gas 22,700 0 342 342 22,358 98.49%203 Fire Equipment Rental & Lease 400 0 5,169 5,169 (4,769)(1,192.37)%0 Fire Dues,Licenses,Publications 29,079 0 4,551 4,551 24,528 84.34%2,227 Fire Irrigation Taxes 1,500 0 793 793 707 47.15%856 Fire Holiday Expense 1,380 0 0 0 1,380 100.00%0 Fire Total OPERATING COSTS 1,554,362 0 123,192 123,192 1,431,170 92.07%91,417 Fire Fire Capital Outlay Fire Cap Outlay - Bldgs & Struct 3,548,000 0 0 0 3,548,000 100.00%0 Fire Capital - Vehicles 32,225 0 0 0 32,225 100.00%0 Fire Capital - Fire Trucks 1,268,500 0 0 0 1,268,500 100.00%0 Fire Fire Capital - Equipment 33,000 0 0 0 33,000 100.00%0 Fire Total Capital Outlay 4,881,725 0 0 0 4,881,725 100.00%0 Page 43 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Fire Fire DEPT EXPENDITURES 17,167,460 0 910,933 910,933 16,256,527 94.69%838,540 Fire Fire Transfers Fire Personnel Transfer of Expense 21,103 0 748 748 20,355 96.45%1,568 Fire Operating Transfer of Expense 65,910 0 4,729 4,729 61,181 92.82%3,844 Fire Total Transfers 87,013 0 5,477 5,477 81,535 93.70%5,412 Fire Fire Interfund Cash Transfers Fire Operating Transfer In 0 (140,485)0 0 (140,485)100.00%0 Fire Total Interfund Cash Transfers 0 (140,485)0 0 (140,485)100.00%0 Fire Fire TOTAL EXPENDITURES 17,254,473 (140,485)916,411 916,411 16,197,577 94.64%843,952 Fire Page 44 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Parks 2250 - Parks & Recreation Parks REVENUES Parks Grant Revenues 473,492 0 0 0 473,492 100.00%0 Parks Reimbursement Revenues 30,000 0 50 50 29,950 99.83%0 Parks Restitution 0 0 0 0 0 0.00%20 Parks Meridian Downtown Development 415,755 0 0 0 415,755 100.00%0 Parks Rental Income 0 0 7,053 7,053 (7,053)0.00%3,721 Parks Cherry Lane Golf Lease Revenue 0 0 6,000 6,000 (6,000)0.00%0 Parks Park Reservations Fee Revenue 112,200 0 11,271 11,271 100,929 89.95%3,013 Parks Recreation Class Revenues 237,500 0 8,761 8,761 228,739 96.31%9,646 Parks Community Event Rev/Sponsorship 37,500 0 5,025 5,025 32,475 86.60%3,344 Parks Sports Revenue 251,500 (7,000)4,301 4,301 240,199 98.24%10,387 Parks Impact Rev - Multifamily 0 0 110,523 110,523 (110,523)0.00%105,918 Parks Impact Rev - Residential 1,038,000 0 177,238 177,238 860,762 82.92%130,767 Parks Contract Service Revenues 7,000 0 110 110 6,890 98.42%50 Parks Donations (plus project code)0 0 100 100 (100)0.00%0 Parks Miscellaneous Revenues 54,000 (27,000)0 0 27,000 100.00%0 Parks Interest Earnings 15,000 0 15,430 15,430 (430)(2.86)%9,232 Parks Total REVENUES 2,671,947 (34,000)345,862 345,862 2,292,085 86.89%276,098 Parks Parks PERSONNEL COSTS Parks Wages 1,398,139 0 110,188 110,188 1,287,951 92.11%96,820 Parks Wages - Seasonal/Parttime 565,899 0 37,259 37,259 528,640 93.41%30,234 Parks Overtime Wages 22,798 0 2,287 2,287 20,512 89.97%3,468 Parks FICA (7.65%)152,303 0 11,015 11,015 141,288 92.76%9,528 Parks PERSI 173,463 0 12,776 12,776 160,687 92.63%11,152 Parks Workers' Comp 57,225 0 0 0 57,225 100.00%0 Parks Employee Insurance 706,363 0 34,263 34,263 672,100 95.14%34,531 Parks Total PERSONNEL COSTS 3,076,191 0 207,788 207,788 2,868,403 93.25%185,733 Parks Parks OPERATING COSTS Parks Office Expense 6,632 0 1,194 1,194 5,438 81.99%318 Parks Copier Expense 5,931 0 0 0 5,931 100.00%0 Parks Spraying/Fertilizer 81,094 0 0 0 81,094 100.00%0 Parks Employee Coffee & Misc 3,480 0 6 6 3,474 99.82%115 Parks Janitorial 49,208 0 3,816 3,816 45,392 92.24%338 Parks Restroom Supplies 28,228 0 12,172 12,172 16,056 56.87%13,798 Parks Safety Expense 3,271 0 456 456 2,815 86.04%0 Parks Shop Supplies 9,835 0 1,782 1,782 8,053 81.88%78 Parks Fuels - Gas 67,125 0 3,443 3,443 63,682 94.87%2,276 Parks Clothing Expense 6,736 0 0 0 6,736 100.00%433 Parks Medical Supplies 1,639 0 30 30 1,609 98.15%0 Page 45 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Parks Recreation Class Expense 29,450 0 0 0 29,450 100.00%0 Parks Recreation Sports Expenses 140,000 0 12,936 12,936 127,065 90.76%11,525 Parks Community Events Expenses 54,000 0 1,664 1,664 52,336 96.91%245 Parks Building Maintenance 128,179 0 4,980 4,980 123,199 96.11%10,754 Parks Parking/Asphalt Maintenance 40,696 0 639 639 40,057 98.42%0 Parks Vehicle Repair 16,500 0 395 395 16,105 97.60%190 Parks Vehicle Maintenance 16,500 0 1,019 1,019 15,481 93.82%180 Parks Equipment Maintenance & Repair 43,605 0 5,632 5,632 37,973 87.08%1,888 Parks Forestry Expense 54,383 0 7,396 7,396 46,987 86.40%1,665 Parks Downtown Tree Maintenance 75,000 0 0 0 75,000 100.00%(65) Parks Grounds Maintenance 272,743 0 26,568 26,568 246,176 90.25%21,884 Parks Vandalism Cleanup Exp 4,158 0 0 0 4,158 100.00%0 Parks Turf Rehab 0 0 0 0 0 0.00%546 Parks Surface Well Maint 22,403 0 0 0 22,403 100.00%0 Parks Software Maintenance 11,819 0 738 738 11,081 93.75%689 Parks Alarm Service/Sprinkler System 1,000 0 0 0 1,000 100.00%0 Parks Misc Contributions 3,000 0 0 0 3,000 100.00%0 Parks Transportation Services 9,000 0 0 0 9,000 100.00%0 Parks Flag/Banner Expense 9,257 0 0 0 9,257 100.00%0 Parks Equipment & Supplies 43,034 0 5,878 5,878 37,156 86.34%10,700 Parks Electronics Expense (under $5000)17,429 0 77 77 17,352 99.55%22 Parks Software Acquisition & Licenses (under $25,000)12,461 0 13,815 13,815 (1,354)(10.86)%0 Parks Furniture & Furnishings 13,082 0 452 452 12,630 96.54%0 Parks Computers & Printers (IT use only)6,100 0 0 0 6,100 100.00%0 Parks Professional Services 52,749 0 0 0 52,749 100.00%(1,516) Parks Investment Services 0 0 190 190 (190)0.00%0 Parks Contracted Labor 306,321 (190,321)10,578 10,578 105,422 90.88%33,295 Parks Background/Employment Testing 2,100 0 37 37 2,063 98.23%93 Parks Contracted Services 0 190,321 23,571 23,571 166,750 87.61%0 Parks Telephone/Internet 1,010 0 97 97 913 90.39%471 Parks Postage & Mailings 1,000 0 58 58 942 94.18%298 Parks Pagers/Radios/Communications 4,584 0 185 185 4,399 95.96%61 Parks Cellphone Expense 25,911 0 1,265 1,265 24,646 95.11%1,248 Parks Business Meals 400 0 0 0 400 100.00%0 Parks Mileage & Parking Reimbursement 550 0 0 0 550 100.00%0 Parks Employee Seminars/Training 16,526 0 75 75 16,451 99.54%1,158 Parks Travel - Transportation 4,799 0 0 0 4,799 100.00%855 Parks Travel - Lodging 6,582 0 0 0 6,582 100.00%967 Parks Travel - Per Diem 3,128 0 0 0 3,128 100.00%378 Parks Advertising/Promotional 11,000 0 49 49 10,951 99.55%0 Parks Legal Notices 600 0 0 0 600 100.00%0 Parks Printing/Binding 28,100 0 164 164 27,936 99.41%0 Page 46 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Parks Insurance Premium/Claims 18,953 0 8,376 8,376 10,576 55.80%8,058 Parks Electricity - Idaho Power 181,117 7,000 11,480 11,480 176,637 93.89%8,466 Parks Intermountain Gas 23,787 0 209 209 23,578 99.12%79 Parks Equipment Rental & Lease 53,138 0 2,862 2,862 50,276 94.61%4,439 Parks Dues,Licenses,Publications 9,646 0 4,182 4,182 5,464 56.64%3,758 Parks Commission Expense 1,000 0 179 179 821 82.08%112 Parks Irrigation Taxes 54,288 0 38,437 38,437 15,851 29.19%33,432 Parks ADA Compliance 300,000 0 0 0 300,000 100.00%0 Parks Holiday Expense 53,025 0 3,621 3,621 49,404 93.17%1,973 Parks Miscellaneous Expense 20 (20)0 0 0 0.00%0 Parks Volunteer Appreciation expense 2,500 0 33 33 2,467 98.69%7 Parks Bank & Merchant Charges 25,000 0 887 887 24,113 96.45%764 Parks Total OPERATING COSTS 2,474,810 6,980 211,622 211,622 2,270,169 91.47%175,970 Parks Parks Capital Outlay Parks Cap Outlay - Bldgs & Struct 634,181 0 0 0 634,181 100.00%0 Parks Building Improvements 155,000 0 0 0 155,000 100.00%12,162 Parks Pathway development 1,116,650 0 5,179 5,179 1,111,471 99.53%0 Parks Improvements @ Tully Park 0 0 0 0 0 0.00%34,000 Parks Improvements @ Storey Park 128,475 0 59,440 59,440 69,035 53.73%0 Parks Streetscape irrigation landscaping 491,377 0 0 0 491,377 100.00%0 Parks Borup Property construction 156,699 0 0 0 156,699 100.00%0 Parks Capital - Vehicles 64,000 0 0 0 64,000 100.00%22,187 Parks Capital - Equipment 308,000 0 30,519 30,519 277,481 90.09%0 Parks Capital - Communication Equipment 75,000 0 0 0 75,000 100.00%0 Parks Bear Creek Development 32,000 0 0 0 32,000 100.00%0 Parks Keith Bird Legacy Park construction 1,268,970 0 172,949 172,949 1,096,021 86.37%6,331 Parks Kleiner Memorial Park 51,111 0 0 0 51,111 100.00%15,429 Parks 77 acre South Park 6,585,115 0 68,568 68,568 6,516,547 98.95%3,500 Parks Reta Huskey Park 1,104,773 0 34,438 34,438 1,070,335 96.88%1,659 Parks Hillsdale Park Construction 1,311,096 0 228,560 228,560 1,082,536 82.56%1,785 Parks Total Capital Outlay 13,482,448 0 599,653 599,653 12,882,795 95.55%97,052 Parks Parks DEPT EXPENDITURES 19,033,449 6,980 1,019,062 1,019,062 18,021,367 94.64%458,756 Parks Parks Transfers Parks Personnel Transfer of Expense 13,668 0 485 485 13,184 96.45%1,016 Parks Parks Operating Transfer of Expense 42,689 0 3,063 3,063 39,626 92.82%2,490 Parks Total Transfers 56,357 0 3,548 3,548 52,809 93.70%3,505 Parks Parks TOTAL EXPENDITURES 19,089,806 6,980 1,022,610 1,022,610 18,074,176 94.64%462,261 Page 47 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Parks Page 48 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual PW 3200 - Public Works PW REVENUES PW Review Fees 100,000 0 18,763 18,763 81,237 81.23%30,093 PW QLPE Review Revenue 50,000 0 8,580 8,580 41,420 82.84%2,600 PW Filing Fees - Revenues 50,000 0 0 0 50,000 100.00%6,946 PW Dept Svc Fees 0 0 188 188 (188)0.00%490 PW Total REVENUES 200,000 0 27,531 27,531 172,469 86.23%40,129 PW PW PERSONNEL COSTS PW Wages 2,624,009 0 177,830 177,830 2,446,179 93.22%183,221 PW Wages - Seasonal/Parttime 0 0 0 0 0 0.00%3,626 PW Overtime Wages 15,526 0 840 840 14,686 94.58%364 PW FICA (7.65%)200,608 0 13,147 13,147 187,461 93.44%13,776 PW PERSI 312,182 0 20,225 20,225 291,956 93.52%21,192 PW Workers' Comp 83,684 0 0 0 83,684 100.00%0 PW Employee Insurance 661,276 0 34,729 34,729 626,547 94.74%35,584 PW Total PERSONNEL COSTS 3,897,284 0 246,772 246,772 3,650,512 93.67%257,762 PW PW OPERATING COSTS PW Office Expense 13,479 0 409 409 13,070 96.96%682 PW Copier Expense 9,447 0 701 701 8,747 92.58%824 PW Employee Coffee & Misc 2,640 0 0 0 2,640 100.00%45 PW Safety Expense 4,844 0 545 545 4,299 88.75%67 PW Fuels - Gas 12,620 0 (89)(89)12,710 100.70%0 PW Clothing Expense 4,150 0 246 246 3,904 94.07%0 PW Community Events Expenses 5,000 0 0 0 5,000 100.00%0 PW Vehicle Repair 4,000 0 413 413 3,587 89.66%0 PW Vehicle Maintenance 4,000 0 216 216 3,784 94.60%849 PW Software Maintenance 40,873 0 8,650 8,650 32,223 78.83%8,677 PW Equipment & Supplies 2,250 0 0 0 2,250 100.00%0 PW Electronics Expense (under $5000)5,500 0 77 77 5,423 98.60%0 PW Software Acquisition & Licenses (under $25,000)660 0 570 570 90 13.70%0 PW Furniture & Furnishings 1,700 0 0 0 1,700 100.00%10,006 PW Computers & Printers (IT use only)11,630 0 0 0 11,630 100.00%0 PW Professional Services 331,000 0 4,000 4,000 327,000 98.79%4,000 PW Professional Svc - PW Wastewater 851,563 0 0 0 851,563 100.00%6,126 PW Professional Svc - PW Water 364,566 0 1,481 1,481 363,085 99.59%182 PW PROFESSIONAL SVC for QLPE Reviews 50,000 0 0 0 50,000 100.00%0 PW Contracted Labor 5,000 0 0 0 5,000 100.00%0 PW Legal Services 15,000 0 0 0 15,000 100.00%1,640 PW Telephone/Internet 450 0 0 0 450 100.00%0 PW Postage & Mailings 1,500 0 33 33 1,468 97.83%42 Page 49 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual PW Pagers/Radios/Communications 4,540 0 312 312 4,228 93.12%186 PW Cellphone Expense 14,300 0 1,125 1,125 13,175 92.13%784 PW Business Meals 100 0 10 10 90 90.49%199 PW Mileage & Parking Reimbursement 180 0 3 3 178 98.61%0 PW Employee Seminars/Training 87,158 0 4,311 4,311 82,847 95.05%6,262 PW Travel - Transportation 15,122 0 262 262 14,860 98.26%0 PW Travel - Lodging 17,085 0 2,919 2,919 14,166 82.91%0 PW Travel - Per Diem 7,360 0 1,050 1,050 6,310 85.73%0 PW Advertising/Promotional 47,200 0 80 80 47,120 99.83%0 PW Legal Notices 423 0 0 0 423 100.00%0 PW Printing/Binding 4,520 0 0 0 4,520 100.00%13 PW Insurance Premium/Claims 4,772 0 0 0 4,772 100.00%0 PW Dues,Licenses,Publications 85,714 0 24,087 24,087 61,627 71.89%23,499 PW Holiday Expense 660 0 0 0 660 100.00%0 PW Miscellaneous Expense 30 (30)0 0 0 0.00%0 PW Employee Education Reimbursement 0 0 0 0 0 0.00%1,785 PW Total OPERATING COSTS 2,031,037 (30)51,408 51,408 1,979,599 97.47%65,866 PW PW Capital Outlay PW Capital - Vehicles 35,000 0 0 0 35,000 100.00%276 PW Total Capital Outlay 35,000 0 0 0 35,000 100.00%276 PW PW DEPT EXPENDITURES 5,963,321 (30)298,180 298,180 5,665,111 94.99%323,904 PW PW PW Transfers PW Personnel Transfer of Expense 204,237 0 6,202 6,202 198,036 96.96%7,368 PW Operating Transfer of Expense 117,015 0 8,396 8,396 108,618 92.82%6,825 PW Total Transfers 321,252 0 14,598 14,598 306,654 95.46%14,193 PW PW TOTAL EXPENDITURES 6,284,573 (30)312,778 312,778 5,971,765 95.02%338,097 PW Page 50 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual MUBS 3300 - Meridian Utility Billing MUBS REVENUES MUBS Dept Svc Fees 30,000 0 280 280 29,720 99.06%1,074 MUBS Garbage - Admin Fee Revenue 716,369 0 0 0 716,369 100.00%0 MUBS Total REVENUES 746,369 0 280 280 746,089 99.96%1,074 MUBS MUBS PERSONNEL COSTS MUBS Wages 338,657 0 24,055 24,055 314,602 92.89%23,253 MUBS Overtime Wages 2,804 0 83 83 2,721 97.03%749 MUBS FICA (7.65%)26,121 0 1,734 1,734 24,388 93.36%1,728 MUBS PERSI 40,770 0 2,732 2,732 38,038 93.29%2,717 MUBS Workers' Comp 1,852 0 0 0 1,852 100.00%0 MUBS Employee Insurance 110,021 0 5,906 5,906 104,115 94.63%5,811 MUBS Total PERSONNEL COSTS 520,225 0 34,510 34,510 485,715 93.37%34,257 MUBS MUBS OPERATING COSTS MUBS Office Expense 6,500 0 363 363 6,137 94.41%536 MUBS Copier Expense 5,710 0 0 0 5,710 100.00%487 MUBS Employee Coffee & Misc 480 0 0 0 480 100.00%0 MUBS Data Access Expense 1,800 0 0 0 1,800 100.00%0 MUBS Software Maintenance 30,590 0 30,598 30,598 (8)(0.02)%30,560 MUBS Misc Contributions 16,050 0 100 100 15,950 99.37%600 MUBS Equipment & Supplies 1,250 0 0 0 1,250 100.00%0 MUBS Electronics Expense (under $5000)2,700 0 0 0 2,700 100.00%0 MUBS Furniture & Furnishings 6,000 0 0 0 6,000 100.00%0 MUBS Computers & Printers (IT use only)2,550 0 0 0 2,550 100.00%0 MUBS Lockbox Services 22,600 0 1,773 1,773 20,827 92.15%0 MUBS IVR Phone Services 20,000 0 950 950 19,051 95.25%0 MUBS Telephone/Internet 450 0 0 0 450 100.00%0 MUBS Postage & Mailings 260,000 0 20,677 20,677 239,323 92.04%160 MUBS Business Meals 100 0 0 0 100 100.00%0 MUBS Employee Seminars/Training 4,650 0 0 0 4,650 100.00%0 MUBS Travel - Transportation 1,325 0 0 0 1,325 100.00%0 MUBS Travel - Lodging 1,325 0 0 0 1,325 100.00%0 MUBS Travel - Per Diem 950 0 0 0 950 100.00%0 MUBS Printing/Binding 10,000 0 4,305 4,305 5,695 56.94%0 MUBS Insurance Premium/Claims 180 0 0 0 180 100.00%0 MUBS Dues,Licenses,Publications 250 0 0 0 250 100.00%0 MUBS Holiday Expense 120 0 0 0 120 100.00%0 MUBS Miscellaneous Expense 10 (10)0 0 0 0.00%0 MUBS Bank & Merchant Charges 230,000 0 15,517 15,517 214,483 93.25%6,934 MUBS A/R Writeoffs & Loss 20,000 0 4,040 4,040 15,960 79.79%14 Page 51 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual MUBS Total OPERATING COSTS 645,590 (10)78,323 78,323 567,257 87.87%39,292 MUBS MUBS Capital Outlay MUBS Capital - Software 46,573 0 0 0 46,573 100.00%0 MUBS Total Capital Outlay 46,573 0 0 0 46,573 100.00%0 MUBS MUBS DEPT EXPENDITURES 1,212,388 (10)112,833 112,833 1,099,545 90.69%73,549 MUBS MUBS MUBS TOTAL EXPENDITURES 1,212,388 (10)112,833 112,833 1,099,545 90.69%73,549 MUBS Page 52 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Water 3400 - Water Department Water REVENUES Water Dept Svc Fees 250,000 0 28,825 28,825 221,175 88.46%13,174 Water Recycled Revenue 0 0 2,520 2,520 (2,520)0.00%0 Water Rental Income 20,000 0 8,584 8,584 11,416 57.08%10,983 Water Water/Sewer Sales Revenue 8,943,151 0 701,581 701,581 8,241,570 92.15%749,857 Water Meter/Equip Sales Revenues 200,000 0 59,433 59,433 140,567 70.28%39,031 Water Total REVENUES 9,413,151 0 800,942 800,942 8,612,209 91.49%813,045 Water Water PERSONNEL COSTS Water Wages 1,231,532 0 96,154 96,154 1,135,378 92.19%82,766 Water Overtime Wages 32,893 0 2,272 2,272 30,621 93.09%4,098 Water FICA (7.65%)96,728 0 7,062 7,062 89,666 92.69%6,219 Water PERSI 150,659 0 11,011 11,011 139,648 92.69%9,833 Water Workers' Comp 44,915 0 0 0 44,915 100.00%0 Water Employee Insurance 390,754 0 29,085 29,085 361,669 92.55%25,646 Water Total PERSONNEL COSTS 1,947,481 0 145,584 145,584 1,801,897 92.52%128,562 Water Water OPERATING COSTS Water Office Expense 8,000 0 576 576 7,424 92.79%705 Water Copier Expense 6,814 0 0 0 6,814 100.00%0 Water Employee Coffee & Misc 1,560 0 0 0 1,560 100.00%54 Water Chemicals 90,000 0 6,773 6,773 83,227 92.47%4,433 Water Janitorial 8,700 0 358 358 8,342 95.88%99 Water Safety Expense 10,603 0 983 983 9,619 90.72%1,712 Water Shop Supplies 7,000 0 186 186 6,814 97.34%917 Water Fuels - Gas 47,620 0 0 0 47,620 100.00%0 Water Fuels - Diesel/Propane 3,300 0 0 0 3,300 100.00%0 Water Clothing Expense 4,850 0 1,788 1,788 3,062 63.14%240 Water Medical Supplies 300 0 314 314 (14)(4.57)%0 Water Water Meters 450,000 0 44,083 44,083 405,917 90.20%315 Water Building Maintenance 26,945 0 121 121 26,824 99.55%3,389 Water Vehicle Repair 12,775 0 2,851 2,851 9,924 77.68%963 Water Vehicle Maintenance 13,275 0 254 254 13,021 98.08%3,194 Water Equipment Maintenance & Repair 8,435 0 0 0 8,435 100.00%0 Water Rolling Stock Repair 3,500 0 0 0 3,500 100.00%0 Water Rolling Stock Maintenance 3,500 0 1,146 1,146 2,354 67.25%0 Water Grounds Maintenance 3,500 0 0 0 3,500 100.00%0 Water Line Wat/Sew Maintenance 20,000 0 1,488 1,488 18,512 92.56%527 Water Line Wat/Sew Repair 183,500 0 5,046 5,046 178,454 97.25%2,182 Water Software Maintenance 53,377 0 16,585 16,585 36,792 68.92%1,184 Water Alarm Service/Sprinkler System 4,900 0 120 120 4,780 97.54%0 Page 53 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Water Flag/Banner Expense 100 0 0 0 100 100.00%0 Water Equipment & Supplies 81,000 0 9,456 9,456 71,544 88.32%2,270 Water Well Maintenance & Repair 159,500 0 14,354 14,354 145,146 91.00%3,669 Water Electronics Expense (under $5000)5,000 0 156 156 4,844 96.88%363 Water Software Acquisition & Licenses (under $25,000)0 0 263 263 (263)0.00%0 Water Furniture & Furnishings 1,300 0 416 416 884 68.00%0 Water Computers & Printers (IT use only)19,850 0 0 0 19,850 100.00%0 Water Professional Services 235,640 0 0 0 235,640 100.00%(5,440) Water Contracted Labor 17,300 0 0 0 17,300 100.00%2,563 Water Water Testing 143,655 0 1,440 1,440 142,215 98.99%3,016 Water DEQ Water Assessment 101,855 0 101,214 101,214 641 0.62%97,134 Water Contracted Services 0 0 2,706 2,706 (2,706)0.00%0 Water Well Assessment / Abandonment 50,000 0 0 0 50,000 100.00%0 Water Telephone/Internet 3,744 0 343 343 3,401 90.82%304 Water Postage & Mailings 12,879 0 0 0 12,879 100.00%338 Water Pagers/Radios/Communications 13,920 0 1,346 1,346 12,574 90.33%204 Water Cellphone Expense 15,432 0 947 947 14,485 93.86%814 Water Business Meals 300 0 20 20 280 93.32%20 Water Mileage & Parking Reimbursement 100 0 0 0 100 100.00%0 Water Employee Seminars/Training 13,695 0 440 440 13,255 96.78%1,333 Water Travel - Transportation 4,820 0 0 0 4,820 100.00%0 Water Travel - Lodging 5,590 0 0 0 5,590 100.00%0 Water Travel - Per Diem 3,100 0 0 0 3,100 100.00%0 Water Advertising/Promotional 9,800 0 0 0 9,800 100.00%240 Water Printing/Binding 8,874 0 139 139 8,735 98.43%301 Water Insurance Premium/Claims 37,905 0 16,972 16,972 20,933 55.22%16,116 Water Electricity - Idaho Power 413,228 0 33,695 33,695 379,533 91.84%30,467 Water Intermountain Gas 12,000 0 147 147 11,853 98.77%92 Water Sanitary Services 1,500 0 0 0 1,500 100.00%96 Water Equipment Rental & Lease 5,000 0 0 0 5,000 100.00%0 Water Dues,Licenses,Publications 10,674 0 80 80 10,594 99.25%166 Water Irrigation Taxes 4,000 0 2,825 2,825 1,175 29.38%2,891 Water Holiday Expense 390 0 0 0 390 100.00%0 Water Miscellaneous Expense 10 (10)0 0 0 0.00%0 Water Total OPERATING COSTS 2,364,615 (10)269,628 269,628 2,094,977 88.60%176,868 Water Water Capital Outlay Water Capital - Vehicles 208,000 0 0 0 208,000 100.00%0 Water Capital - Electronics 53,379 0 8,051 8,051 45,328 84.91%1,150 Water Water Capital - Software 93,570 0 0 0 93,570 100.00%0 Water Capital - Computers & Printers 10,000 0 0 0 10,000 100.00%0 Page 54 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Water Total Capital Outlay 364,949 0 8,051 8,051 356,898 97.79%1,150 Water Water DEPT EXPENDITURES 4,677,045 (10)423,263 423,263 4,253,772 90.95%306,581 Water Water Transfers Water Personnel Transfer of Expense 913,659 0 70,723 70,723 842,936 92.25%67,801 Water Operating Transfer of Expense 345,257 0 20,673 20,673 324,584 94.01%13,523 Water Total Transfers 1,258,915 0 91,395 91,395 1,167,520 92.74%81,324 Water Water TOTAL EXPENDITURES 5,935,961 (10)514,659 514,659 5,421,292 91.32%387,905 Water Page 55 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual Water 3490 - Water Construction Water REVENUES Water Assessments - Residential Revenue 3,126,802 0 323,572 323,572 2,803,230 89.65%230,304 Water Assessments - Commercial Revenue 294,000 0 85,080 85,080 208,920 71.06%105,536 Water Assessments - Multifamily Revenue 136,703 0 284,112 284,112 (147,409)(107.83)%118,296 Water Interest Earnings 150,000 0 23,367 23,367 126,633 84.42%15,838 Water Total REVENUES 3,707,505 0 716,130 716,130 2,991,375 80.68%469,974 Water Water OPERATING COSTS Water Investment Services 18,000 0 838 838 17,162 95.34%0 Water Total OPERATING COSTS 18,000 0 838 838 17,162 95.35%0 Water Water Capital Outlay Water Capital Outlay - Land 0 0 0 0 0 0.00%3,077 Water Cap Outlay - Bldgs & Struct 100,000 0 0 0 100,000 100.00%0 Water Building Improvements 22,408 0 0 0 22,408 100.00%0 Water Capital - Electronics 574,219 0 0 0 574,219 100.00%0 Water Capital - Communication Equipment 83,641 0 0 0 83,641 100.00%0 Water Service Line/Main Replacement 1,653,824 0 2,701 2,701 1,651,124 99.83%78,297 Water Well #15 312,200 0 0 0 312,200 100.00%0 Water Well 29 construction 854,642 0 220,806 220,806 633,835 74.16%9,804 Water Well #22 Construction 1,654,608 0 0 0 1,654,608 100.00%0 Water Well#30 777,368 0 169,618 169,618 607,751 78.18%0 Water WATERLINE EXTENSIONS 4,200,340 0 240,069 240,069 3,960,271 94.28%11,722 Water Well #27 construction 0 0 0 0 0 0.00%55,851 Water Well #28 construction 800,000 0 0 0 800,000 100.00%0 Water Well #32 capital 1,028,371 0 0 0 1,028,371 100.00%0 Water Well #33 Capital 450,000 0 0 0 450,000 100.00%0 Water Total Capital Outlay 12,511,620 0 633,193 633,193 11,878,427 94.94%158,750 Water Water DEPT EXPENDITURES 12,529,620 0 634,031 634,031 11,895,589 94.93%158,750 Water Water Water TOTAL EXPENDITURES 12,529,620 0 634,031 634,031 11,895,589 94.93%158,750 Water Page 56 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual WWTP 3500 - WasteWater Facility WWTP REVENUES WWTP Review Fees 0 0 1,875 1,875 (1,875)0.00%1,050 WWTP Water/Sewer Sales Revenue 15,214,390 0 1,196,493 1,196,493 14,017,897 92.13%1,188,935 WWTP Total REVENUES 15,214,390 0 1,198,368 1,198,368 14,016,022 92.12%1,189,985 WWTP WWTP PERSONNEL COSTS WWTP Wages 1,856,569 0 140,034 140,034 1,716,535 92.45%134,187 WWTP Overtime Wages 49,998 0 3,299 3,299 46,698 93.40%5,664 WWTP FICA (7.65%)145,852 0 10,402 10,402 135,450 92.86%10,219 WWTP PERSI 227,387 0 16,214 16,214 211,173 92.86%15,831 WWTP Workers' Comp 56,993 0 0 0 56,993 100.00%0 WWTP Employee Insurance 586,131 0 37,292 37,292 548,839 93.63%34,346 WWTP Total PERSONNEL COSTS 2,922,930 0 207,242 207,242 2,715,688 92.91%200,247 WWTP WWTP OPERATING COSTS WWTP Office Expense 6,650 0 148 148 6,502 97.77%1,469 WWTP Copier Expense 23,014 0 431 431 22,583 98.12%666 WWTP Employee Coffee & Misc 2,340 0 14 14 2,326 99.40%143 WWTP Chemicals 450,000 0 36,126 36,126 413,874 91.97%0 WWTP Janitorial 25,100 0 1,395 1,395 23,705 94.44%0 WWTP Safety Expense 31,650 0 300 300 31,350 99.05%3,403 WWTP Shop Supplies 69,150 0 2,942 2,942 66,208 95.74%6,552 WWTP Fuels - Gas 15,350 0 0 0 15,350 100.00%0 WWTP Fuels - Diesel/Propane 24,000 0 66 66 23,934 99.72%73 WWTP Clothing Expense 7,350 0 234 234 7,116 96.81%842 WWTP Medical Supplies 1,000 0 261 261 739 73.85%203 WWTP Community Events Expenses 1,500 0 0 0 1,500 100.00%0 WWTP Building Maintenance 63,000 0 10,643 10,643 52,357 83.10%4,358 WWTP Plant Maintenance 390,000 0 8,888 8,888 381,113 97.72%28,543 WWTP Plant Repairs 150,000 0 6,418 6,418 143,582 95.72%257 WWTP Parking/Asphalt Maintenance 6,000 0 0 0 6,000 100.00%0 WWTP Vehicle Repair 24,600 0 4,784 4,784 19,816 80.55%5,544 WWTP Vehicle Maintenance 24,400 0 585 585 23,815 97.60%7,990 WWTP Equipment Maintenance & Repair 71,000 0 15,020 15,020 55,980 78.84%14,080 WWTP Rolling Stock Repair 10,000 0 251 251 9,749 97.49%200 WWTP Rolling Stock Maintenance 8,500 0 764 764 7,736 91.01%0 WWTP Grounds Maintenance 15,000 0 752 752 14,248 94.98%89 WWTP Lift Station Maint 55,000 0 2,960 2,960 52,040 94.61%2,930 WWTP Lift Station Repair 35,000 0 0 0 35,000 100.00%577 WWTP Line Wat/Sew Maintenance 27,320 0 637 637 26,683 97.66%0 WWTP Line Wat/Sew Repair 175,000 0 3,860 3,860 171,140 97.79%0 Page 57 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual WWTP Software Maintenance 56,369 0 4,858 4,858 51,511 91.38%4,929 WWTP Alarm Service/Sprinkler System 3,150 0 92 92 3,058 97.09%0 WWTP Flag/Banner Expense 250 0 0 0 250 100.00%0 WWTP Equipment & Supplies 151,500 10,000 6,716 6,716 154,784 95.84%9,253 WWTP Electronics Expense (under $5000)11,230 0 0 0 11,230 100.00%0 WWTP Furniture & Furnishings 1,000 0 0 0 1,000 100.00%0 WWTP Computers & Printers (IT use only)22,580 0 0 0 22,580 100.00%0 WWTP Professional Services 229,362 0 0 0 229,362 100.00%0 WWTP Contracted Labor 5,000 0 0 0 5,000 100.00%0 WWTP Preventative Health Exp 1,200 0 0 0 1,200 100.00%0 WWTP Contracted Services 84,000 0 0 0 84,000 100.00%1,600 WWTP Telephone/Internet 7,050 0 309 309 6,741 95.61%316 WWTP Postage & Mailings 14,300 0 610 610 13,690 95.73%158 WWTP Pagers/Radios/Communications 2,520 0 48 48 2,472 98.08%36 WWTP Cellphone Expense 14,780 0 909 909 13,871 93.85%766 WWTP Business Meals 100 0 57 57 43 43.13%0 WWTP Employee Seminars/Training 34,700 0 3,853 3,853 30,847 88.89%6,519 WWTP Travel - Transportation 11,500 0 733 733 10,767 93.62%119 WWTP Travel - Lodging 14,250 0 2,205 2,205 12,045 84.52%794 WWTP Travel - Per Diem 4,625 0 649 649 3,976 85.96%413 WWTP Advertising/Promotional 5,500 0 0 0 5,500 100.00%0 WWTP Printing/Binding 1,280 0 0 0 1,280 100.00%0 WWTP Insurance Premium/Claims 48,243 0 21,540 21,540 26,702 55.35%20,511 WWTP Electricity - Idaho Power 554,538 0 47,826 47,826 506,712 91.37%37,099 WWTP Intermountain Gas 79,500 0 1,335 1,335 78,165 98.32%1,382 WWTP Sanitary Services 145,750 0 13,769 13,769 131,981 90.55%14,873 WWTP Equipment Rental & Lease 10,746 0 61 61 10,685 99.42%59 WWTP Dues,Licenses,Publications 5,924 0 90 90 5,834 98.48%343 WWTP Irrigation Taxes 4,000 0 3,560 3,560 440 10.99%3,591 WWTP Holiday Expense 585 0 0 0 585 100.00%0 WWTP Miscellaneous Expense 10 (10)0 0 0 0.00%0 WWTP Total OPERATING COSTS 3,237,466 9,990 206,696 206,696 3,040,760 93.64%180,678 WWTP WWTP Capital Outlay WWTP Capital - Electronics 46,779 0 0 0 46,779 100.00%100 WWTP Capital - Equipment 95,000 (10,000)0 0 85,000 100.00%0 WWTP Total Capital Outlay 141,779 (10,000)0 0 131,779 100.00%100 WWTP WWTP DEPT EXPENDITURES 6,302,175 (10)413,938 413,938 5,888,226 93.43%381,025 WWTP WWTP Transfers WWTP Personnel Transfer of Expense 913,660 0 72,030 72,030 841,629 92.11%69,071 Page 58 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual WWTP Operating Transfer of Expense 345,257 0 20,673 20,673 324,584 94.01%13,523 WWTP Total Transfers 1,258,916 0 92,703 92,703 1,166,214 92.64%82,594 WWTP WWTP TOTAL EXPENDITURES 7,561,091 (10)506,641 506,641 7,054,440 93.29%463,619 WWTP Page 59 of 60 City of Meridian Statement of Revenue Expenses From Oct 1 - Oct 31, 2017 Dept Description Total Budget - Original Total Budget - Revised Current Period Actual Current Year Actual Budget Remaining Percent of Budget Remaining Prior Year Actual WWTP 3590 - WasteWater Construction WWTP REVENUES WWTP Assessments - Residential Revenue 7,060,816 0 636,976 636,976 6,423,840 90.97%441,447 WWTP EPA WW Compliance Fee 1,480,337 0 124,230 124,230 1,356,107 91.60%119,016 WWTP Assessments - Commercial Revenue 441,000 0 190,893 190,893 250,107 56.71%201,116 WWTP Assessments - Multifamily Revenue 98,000 0 559,296 559,296 (461,296)(470.70)%225,845 WWTP Interest Earnings 100,000 0 45,659 45,659 54,341 54.34%31,177 WWTP Total REVENUES 9,180,153 0 1,557,054 1,557,054 7,623,099 83.04%1,018,600 WWTP WWTP OPERATING COSTS WWTP Investment Services 35,000 0 1,676 1,676 33,324 95.21%0 WWTP Total OPERATING COSTS 35,000 0 1,676 1,676 33,324 95.21%0 WWTP WWTP Capital Outlay WWTP WWTP - Bldg improvements 2,756,969 0 420 420 2,756,549 99.98%0 WWTP Sewer Line Extensions 5,789,464 0 7,421 7,421 5,782,044 99.87%0 WWTP Capital - Electronics 56,621 0 0 0 56,621 100.00%39,328 WWTP Capital - Software 36,250 0 0 0 36,250 100.00%0 WWTP Capital - Equipment 113,733 0 0 0 113,733 100.00%0 WWTP Service Line/Main Replacement 3,093,735 0 (751)(751)3,094,487 100.02%18,336 WWTP Lift Station construction 81,588 0 0 0 81,588 100.00%50 WWTP PreDesign of Capital Projects 30,262,614 0 2,030,065 2,030,065 28,232,549 93.29%0 WWTP BoiseRiverOutfall 901,727 0 166,835 166,835 734,892 81.49%0 WWTP Centrate Basin Construction 194,326 0 150 150 194,176 99.92%193,707 WWTP Headworks Improvements 13,076,559 0 244,323 244,323 12,832,236 98.13%0 WWTP Ultraviolet Disinfection 160,626 0 0 0 160,626 100.00%121,723 WWTP Total Capital Outlay 56,524,214 0 2,448,463 2,448,463 54,075,752 95.67%373,144 WWTP WWTP DEPT EXPENDITURES 56,559,214 0 2,450,138 2,450,138 54,109,076 95.66%373,144 WWTP WWTP WWTP TOTAL EXPENDITURES 56,559,214 0 2,450,138 2,450,138 54,109,076 95.66%373,144 WWTP Page 60 of 60 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 6X PROJECT NUMBER: AP Invoices for Payment - $3,041,853.59 MEETING NOTES MH 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 Name Plates 20.00 01 General Fund ABOUT THE KIDS, INC.instructor fee - Lacrosse 11/24/17 - qty 15 324.00 01 General Fund ADA COUNTY PROSECUTOR DR16-5149, 15% of $1025.00 Cash Awarded, CR# 30428 12/5/17 153.75 01 General Fund ADA COUNTY PROSECUTOR DR16-8547, 15% of $373.00 Cash Awarded, CR# 30450 12/13/17 55.95 01 General Fund ADA COUNTY SHERIFF'S OFFICE Inmate Housing for MPD Oct/Nov 2017, Corrections 1,208.32 01 General Fund ADVANTAGE GEAR 220/19 pr wildland station pants 2,860.19 01 General Fund ADVANTAGE GEAR 220/Wildland station pants, 8 pr 1,176.88 01 General Fund ARROW INTERNATIONAL INC 220/Medical, 2 EZIO Power Drivers & 2 EZIO Access pks 676.20 01 General Fund ASPHALT DRIVEWAYS & PATCHING, INC 17-0356, 17-0391, Five Mile Pathway Segment H2 - Final Invoi 143,636.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced 2-Hole Polaris Taps on Pole 40052C, 11/24/ 220.46 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & 2 Fuses on Pole 29752B, 12/6/17 186.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & Fuse on Pole 30056, 11/24/17 144.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & Fuse on Pole 30204B, 12/6/17 144.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast & Lamp on Pole 29129C, 12/6/17 156.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Ballast on Pole 29861B, 12/6/17 142.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Fuse on Pole 2282B, 11/24/17 42.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Fuse on Pole 40721C 42.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Fuse on Pole 7D, 11/24/17 42.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced J-Box & Added Concrete for Pole 30399B, 266.10 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Ballast on Pole 29461C, 11/24/17 156.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Ballast on Pole 40905, 12/6/17 156.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Ballast on Pole 41223C, 12/6/17 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Ballast on Pole 51546C, 11/24/17 156.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp on Pole 40896C, 11/24/17 54.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp on Pole 40897C, 11/25/17 54.00 Date: 12/14/17 10:46:22 AM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole 29476C 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole 29488C 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole 30690C 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole 40701C, 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, PhotoCell, Fuse- Pole40903C 238.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Parts on Pole 29481C, 11/24/17 374.90 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Photo Cell on Pole 40501C, 11/24/17 40.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Rplaced Lamp & Photo Cell on Pole 28911, 11/24/17 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Tightened Loose Connection in Pole 40400C, 12/6/17 90.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Traced Underground Circuit on Pole 31C, 11/24/17 97.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.Replaced Antique Pole with LED Head on Corner Main/Central 6,695.00 01 General Fund BIG SPRINGS CONSTRUCTION LLC Refund, R-NEW-2017-1318, Overpayment on Water Assessments & 2,213.23 01 General Fund BLUE PLANET PHOTOGRAPHY LLC final payment-pictures for marketing and website 1,500.00 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/5 Class B Shirts 486.30 01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/8 pair uniform pants 973.06 01 General Fund BOISE REFRIGERATION SVC CO 220/stove repair, St. 4 150.00 01 General Fund BONNEVILLE BLUE PRINT SUPPLY full size plan set for Larkwood Pathway 11.88 01 General Fund BONNEVILLE BLUE PRINT SUPPLY full size plan set for Linder Pathways 11.88 01 General Fund BOUNDTREE MEDICAL 220/EMS Carrying Case 22.49 01 General Fund BOUNDTREE MEDICAL 220/Medical, 2 suction kits, 12 tournaquets 343.06 01 General Fund BRADY INDUSTRIES, LLC.220/Laundry Detergent, St. 1 - Qty 2 248.77 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/snow tire change over, MF017 61.11 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Battery and Motor Mount for Unit # 122 (647.70) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck #5 oil change & air filter - license C18592 82.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front & Rear Brakes & Rotors, Oil Change for Unit # 130 874.19 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Left Motor Mount and Battery for Unit # 122 290.03 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 131 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 157 55.00 Date: 12/14/17 10:46:22 AM 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 BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 159 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 163 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 165 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 33 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 524 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires, Wipers for Unit # 155 695.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Passenger Front Window Regulator for Unit # 99 238.31 01 General Fund CDW GOVERNMENT 18-0002 HP 5YR NBD DISK RETENTION DT ONLY (1, HP 5UR NBD ONS 7,900.00 01 General Fund CDW GOVERNMENT CradlePoint 350 M2M Gateway Vzw NoWifi 450.00 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226373, Pay City Fuel - November 2017 12,231.40 01 General Fund CHEVRON AND TEXACO BUSINESS CARD SERVICES #7898226399, Fuel for PD - November 2017 14,091.26 01 General Fund CITY OF BOISE IT COMMUNICATIONS ETS Monitoring for Stratford, Cherry, Charter - Nov 2017 146.08 01 General Fund CROP PRODUCTION SERVICES INC 19.6-0-0 fertilizer & zinc - qty 8,246.25 lbs 1,720.82 01 General Fund CROP PRODUCTION SERVICES INC ammonium sulfate fertilizer - qty 6000 lbs 1,410.00 01 General Fund DENNIS DILLON POWER SPORTS Kleiner mule #1 general service & oil change 174.00 01 General Fund DILLABAUGH'S FLOORING AMERICA 220/Final invoice for mold remediation for stations 1,278.90 01 General Fund DILLABAUGH'S FLOORING AMERICA 220/Mold remediation, cove base install, St. 2&3 125.00 01 General Fund DILLABAUGH'S FLOORING AMERICA 220/Mold remediation, cove base install, St. 4 &5 125.00 01 General Fund DILLABAUGH'S FLOORING AMERICA 220/Mold remediation, cove install St. 3&4 125.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO flood lamps for downtown banner lights - qty 30 374.01 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO floodlight lamps for downtown banners - qty 1 pkg 12.47 01 General Fund ENVIRONMENTAL CARE ASSN OF ID registration-ECA Idaho Pest Expo 12/5-6/17, Boise x 14 1,120.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Check Siren Controller for Unit # 128 74.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install Tomar Opticom and Stobe Light Unit #525 247.95 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Maplight Replacement & Switch Cover for Unit #525 144.04 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. PA Mic Replacement for Unit # 161 69.00 01 General Fund ESP PRINTING & MAILING Postage for Winter/Spring 2018 Activity Guide - Qty 9,050 2,364.00 01 General Fund FIREFIGHTERS BOOKSTORE 220/10 Building Const. 5th Ed Books 1,041.05 01 General Fund FIREFIGHTERS BOOKSTORE 220/one Building Const book 102.19 01 General Fund G & R AG PRODUCTS INC ice melt tank pump parts - qty 21 115.54 Date: 12/14/17 10:46:22 AM 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 GOODYEAR COMMERCIAL TIRE & SERVICE CENTER 220/8 tires, T-31, MF021 5,234.65 01 General Fund HOBSON FABRICATION CORP HVAC Repair at PSTC 375.50 01 General Fund HOBSON FABRICATION CORP Repair to HVAC in Lt. Brown's Office 85.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/Poly Sheetng & Lighting Fluid to train on live fire burn 132.85 01 General Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, November 2017 1,576.21 01 General Fund IDAHO CHILD SUPPORT RECEIPTING A. Rudan, Case# 340303, Child Support December 2017 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Caldwell, Case# 251042, Child Support December 2017 245.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Day, Case# 175578, Child Support December 2017 325.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING G. Stark, Case# 352890, Child Support December 2017 1,070.95 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Gould, Case# 321962, Child Support December 2017 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Payne, Case# 311213, Child Support December 2017 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING T. Bryner, Case# 262519, Child Support December 2017 1,174.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards-Brian McClure & Ryan Beecroft 46.25 01 General Fund IDAHO POWER 2200136188, Parks Power November 2017 11,842.75 01 General Fund IDAHO POWER 2203586629, Street Lights Power - November 2017 28,117.89 01 General Fund IDAHO POWER Street Light Power - December 2017 80.65 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 11/28/17 on Parks & Rec Activity Fees 244.15 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 12/5/17 on Rapid Creek & Swindell Subs 54.02 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for PH 12/7/17 on Summertown Sub, 11/17/17 42.18 01 General Fund IDAHO STATE TAX COMMISSION Sales Tax November 2017 816.95 01 General Fund INTERMOUNTAIN COMMUNICATIONS Portable Radiio Repair 71.67 01 General Fund INTERMOUNTAIN COMMUNICATIONS Portable Radio Repair 701.48 01 General Fund JODI ST-MARTIN Expense Report, J. St. Martin, National League of Cities Sum 673.06 01 General Fund KENDALL FORD OF MERIDIAN 220/Repair cupholder/console in MF030 24.70 01 General Fund KENDALL FORD OF MERIDIAN keys for fleet truck 5 - qty 2 41.66 01 General Fund KQXR, SJOT, KRVB, KTHI KHITS radio ads for 2017 Christmas 11/20-12/1/17 310.00 01 General Fund KQXR, SJOT, KRVB, KTHI The River radio ads for 2017 Christmas 11/20-12/1/17 310.00 01 General Fund L.N. CURTIS AND SONS 220/3 winter coats, new recruits 325.29 01 General Fund L.N. CURTIS AND SONS 220/300 uniform patches 510.00 Date: 12/14/17 10:46:22 AM 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 L.N. CURTIS AND SONS 220/Belt for K. Fedrizzi - Qty 1 29.00 01 General Fund L.N. CURTIS AND SONS 220/Boots, D.Jones - Qty 1 Pair 330.00 01 General Fund L.N. CURTIS AND SONS 220/Boots, D.Jones, returned, credit to follow 330.00 01 General Fund L.N. CURTIS AND SONS 220/Boots, Dan Cole - Qty 1 Pair 255.00 01 General Fund L.N. CURTIS AND SONS 220/Credit for returned boots, INV139191, less restock fee (280.50) 01 General Fund L.N. CURTIS AND SONS 220/Shoes for K. Fedrizzi - Qty 1 Pair 50.00 01 General Fund L.N. CURTIS AND SONS 220/Station Boots for G. Stark - Qty 1 Pair 329.00 01 General Fund M.D. WILLIS, INC.18-0044, Court Reporting for P&Z & Council, Nov 2017 1,934.00 01 General Fund MASTERCARD MC City#9, #0794, 11/30/17 Statement -3,601.88 01 General Fund MASTERCARD MC Fire#1, #0737, 10/31/17 Statement -(145.16) 01 General Fund MASTERCARD MC Mayor#1, #0703, 11/30/17 Statement -2.50 01 General Fund MASTERCARD MC Mayor#3, #0729, 11/30/17 Statement -71.38 01 General Fund MASTERCARD MC Parks #1, #0844, 11/30/17 Statement -1,175.67 01 General Fund MASTERCARD MC Parks #2, #0828, 11/30/17 Statement -932.86 01 General Fund MASTERCARD MC Pay City#8, #0786, 11/30/17 Statement 44.01 01 General Fund MASTERCARD MC Pay Fire#1, #0737, 11/30/17 Statement 165.02 01 General Fund MASTERCARD MC Pay Fire#2, #0745, 11/30/17 Statement 3,876.59 01 General Fund MASTERCARD MC Pay Fire#3, #0752, 11/30/17 Statement 112.05 01 General Fund MASTERCARD MC Pay Fire#4, #0760, 11/30/17 Statement 58.39 01 General Fund MASTERCARD MC Pay Fire#5, #0869, 11/30/17 Statement 1,996.33 01 General Fund MASTERCARD MC Pay HR, #0539, 11/30/17 Statement 214.07 01 General Fund MASTERCARD MC Pay IT, #0570, 11/30/17 Statement 2,391.51 01 General Fund MASTERCARD MC PD#10, #7071, 11/30/17 Statement -200.00 01 General Fund MASTERCARD MC PD#11, #7088, 11/30/17 Statement -25.00 01 General Fund MASTERCARD MC PD#2, #0612, 11/30/17 Statement -2,606.16 01 General Fund MASTERCARD MC PD#3, #0620, 11/30/17 Statement -35.90 01 General Fund MASTERCARD MC PD#4, #0638, 11/30/17 Statement -553.06 01 General Fund MASTERCARD MC PD#5, #0646, 11/30/17 Statement -574.76 01 General Fund MASTERCARD MC PD#6, #0653, 11/30/17 Statement -460.59 01 General Fund MASTERCARD MC PD#7, #0661, 11/30/17 Statement -2,958.85 01 General Fund MR APPLIANCE OF SW IDAHO Finish repair of dishwasher in Council conference room 125.69 01 General Fund NAPA AUTO PARTS Fuse & Fuse Holder for Pole Camera Repair - Qty 2 6.42 01 General Fund NATIONAL HONOR GUARD ACADEMY Reimb Rental Car for Instructor For Course 11/11/17-11/18/17 299.59 01 General Fund NORCO 220/Repair to 4-gas meter, equip repair 260.00 01 General Fund OFFICE DEPOT, INC.220/Wastebasket,index labels,surge prot.,lam pouches - Qty 6 52.91 01 General Fund OFFICE DEPOT, INC.Laminated Yearly Planner - Qty 1 19.68 01 General Fund OFFICE DEPOT, INC.Pencil/Pen Holders - Qty 2 14.18 Date: 12/14/17 10:46:22 AM 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 OFFICE DEPOT, INC.Pens & 2 Wireless Keybd/Mouse -CD12 & Ryan Beecroft 28.88 01 General Fund OFFICE DEPOT, INC.Pens - Qty 1 Pk 6.75 01 General Fund OFFICE DEPOT, INC.Stapler, Punch, Binders, Ink, Utensils, Toner, Pens, Post-It 429.86 01 General Fund OFFICE TEAM Temp Labor, J. Hale, W/E 11/24/17, 22 Hrs -Records Retention 402.82 01 General Fund OXARC, INC.220/Medical Oxygen - Qty 3 20.20 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for compressor 3.17 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for Skidsteer 20.19 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Gray Fusion Pool Car, C19608 26.01 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for equipment 91.21 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 5 83.70 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 14 38.86 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 18 70.52 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 31 62.25 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 64.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 6 80.18 01 General Fund PEPPERSHOCK MEDIA PRODUCTS 50% project deposit Marketing layout/booklet 977.50 01 General Fund PIERCE MANUFACTURING INC 18-0141, 2018 Pierce Pumpers Fire Engines - Qty 2 549,741.50 01 General Fund PITNEY BOWES Ink, Adhesive, E-Z Seal for Postage Machine - Qty 7 1,427.93 01 General Fund PITNEY BOWES GLOBAL FINANCIAL SERVICES, LLC. #0017268783, Postage Lease @ City Hall 9/30/17-12/29/17 892.23 01 General Fund PRIMEPAY, LLC.City of Meridian Dec 2017 Payroll FSA Deductions 20,035.82 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 11/5-11/26/17 - qty 34 544.00 01 General Fund RESERVE ACCOUNT POSTAGE USE, November 2017 1,444.05 01 General Fund REVVED UP MOTORSPORTS Rear Tire and Brakes for Unit # 526 296.99 01 General Fund RICOH USA, INC C86111894, Copier Lease 12/17 & Additional Copies 11/17 505.55 01 General Fund RICOH USA, INC C86121202, Copier Lease 12/17 & Additional Images 11/17-PSTC 319.97 01 General Fund RICOH USA, INC C86172112, Copier Lease 12/17 & Copies 11/17 - Records 187.39 01 General Fund RICOH USA, INC C86172150, Copier Lease 12/17 & Copies 11/17 for Patrol 511.60 01 General Fund RICOH USA, INC C86172157, Copier Lease 12/17 & Additional Images 11/17 -CID 538.96 01 General Fund RICOH USA, INC C86172509, Copier Lease 12/17 & Additional Images 11/17-Code 121.10 01 General Fund RICOH USA, INC C86173707, Copier Lease 12/17 & Additional Copies 11/17 562.51 Date: 12/14/17 10:46:22 AM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund RICOH USA, INC C86197400, Additional Copies - Comm Service-11/1/17-11/30/17 41.57 01 General Fund ROBERT SIMISON Expense Report, R. Simison, AARP Livable Communities Confere 64.82 01 General Fund RODDA PAINT COMPANY materials for Kleiner restroom floors painting - qty 5 77.59 01 General Fund RODDA PAINT COMPANY paint & supplies for Kleiner restroom floors - qty 13 240.62 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 11/1-11/29/17 x 5 112.00 01 General Fund SHRED-IT USA, LLC.Document Shredding for PD - Nov 2017 & Retention Purge 1,285.69 01 General Fund SILVER OAKS APARTMENTS LLC Refund, C-MULTI-2016-0028, Water Meters @ Silver Oaks Apts 143.00 01 General Fund SILVER OAKS APARTMENTS LLC Refund, C-MULTI-2016-0029, Overpayment on Water Meters on 2 143.00 01 General Fund SIMPLEX GRINNELL 220/Troubleshoot panel problems, St. 1 333.00 01 General Fund SLHS SERVICE AREA 220/Part of Pre-employment physical, Jermaine Smith 3,227.00 01 General Fund SLHS SERVICE AREA FBI Academy Requirement for T.Basterrechea - immunizations/V 681.84 01 General Fund SPECIALTY CONSTRUCTION SUPPLY caution tape for parade - qty 5 60.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY flagging for downtown light banners 390.50 01 General Fund STEVENS & SONS WELL DRILLING 17-0389, Drill Well @ Storey Park - Final Invoice 56,734.00 01 General Fund SYNCB/AMAZON 220/10 flags for stations 221.60 01 General Fund SYNCB/AMAZON 220/BBQ Grills for St. 1 & 2 - Qty 2 1,398.00 01 General Fund SYNCB/AMAZON 220/Dry erase board, eraser, envelopes, markers - qty 5 96.30 01 General Fund SYNCB/AMAZON 220/Lens cap for office camera, dishwasher cleaner,stations 44.57 01 General Fund SYNCB/AMAZON Mount-It! Dual LCD Monitor Desk Mount Stand 36.99 01 General Fund SYNCB/AMAZON Surface Pro 4 Screen Protector [Tempered Glass] Supthin Ultr 167.88 01 General Fund SYNCB/AMAZON Tabs, File Folders for Office & Printer Toner for B. Freckle 41.66 01 General Fund SYNCB/AMAZON Toner for B. Freckleton office printer - qty 1 14.95 01 General Fund T-ZERS SHIRT SHOP 220/embroider 10 furnished uniforms 110.50 01 General Fund T-ZERS SHIRT SHOP 220/embroider furnished clothing for recruits/stock, 34 pcs 353.75 01 General Fund T-ZERS SHIRT SHOP 220/printing on 30 wildland jackets 138.10 01 General Fund T-ZERS SHIRT SHOP Jacket, Shirts, Hat for A. Nunes & K. Mercado - Qty 8 197.50 01 General Fund T-ZERS SHIRT SHOP Shirts for A. Nunes & K. Mercado - Qty 4 102.00 01 General Fund THE CAR PARK Nov 2017 Courthouse Parking 109.00 Date: 12/14/17 10:46:22 AM Page: 7 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 THE UPS STORE Postage to Send Camera for Repair 11.17 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 43.11 01 General Fund ULTRA TOUCH CAR WASH 220/Small engine fuel 18.31 01 General Fund UNIFORMS 2 GEAR Caygle Name Plate Replacement 12.50 01 General Fund UNIFORMS 2 GEAR Flashlight and Vehicle Charger for Unit # 28 133.00 01 General Fund UNIFORMS 2 GEAR Flashlight for Unit # 99 125.99 01 General Fund UNIFORMS 2 GEAR Pants for J. Pele to Replace Pair Damaged On Duty - Qty 1 77.50 01 General Fund UNIFORMS 2 GEAR Protecting Bags for Patrol Shields - Qty 3 440.16 01 General Fund UNIFORMS 2 GEAR Replacemnt Body Armor - Qty 12 8,321.36 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 742047228-00001 Parks HPN Modems FY18, 11/2/17-12/1/17 162.12 01 General Fund WEIDNER & ASSOCIATES 220/4 pair structure gloves 248.00 01 General Fund WEIDNER & ASSOCIATES 220/Firefighting foam, all stations - Qty 20 1,718.24 01 General Fund WESTERN STATES EQUIPMENT CO Maintenance on Power system at City Hall 516.24 01 General Fund WHITE, PETERSON, GLGRAY & NICHOLS P.A. Union Arbitration Matter 10/5/17-10/27/17 457.50 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST December 2017 MERP Contributions 3,800.00 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copier, November 663.25 01 General Fund XEROX CORPORATION - PASADENA MX4-506016; Xerox 7845 base 11/2017; click 10/20-11/20/17 557.55 Total 01 General Fund 959,204.61 07 Impact Fund IDAHO PRESS-TRIBUNE Legal Notice for South Meridian Regional Park Bid 170.56 07 Impact Fund KREIZENBECK, LLC 17-0416 pre-con CM svcs S Meridian Reg Park thru 11/27/17 35,000.00 07 Impact Fund PIERCE MANUFACTURING INC 18-0141, 2018 Pierce Pumpers Fire Engines - Qty 2 549,741.50 07 Impact Fund SOUTHERN IDAHO ELECTRIC magnetic restroom door locks for Hillsdale Park 1,000.00 07 Impact Fund SOUTHERN IDAHO ELECTRIC magnetic restroom door locks for Keith Bird Legacy Park 1,000.00 07 Impact Fund SOUTHERN IDAHO ELECTRIC magnetic restroom door locks for Reta Huskey Park 1,000.00 Total 07 Impact Fund 587,912.06 20 Grant Fund governmental FORWARD MOVEMENT TRAINING, LLC MADC Reality Party Facility Rental, 11/11/17 750.00 20 Grant Fund governmental IDAHO PRESS-TRIBUNE Legal Notice for PH 12/19/17 on CAPER PY16, 11/24/17 65.12 Date: 12/14/17 10:46:22 AM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 20 Grant Fund governmental MASTERCARD MC PD#3, #0620, 11/30/17 Statement -967.71 Total 20 Grant Fund governmental 1,782.83 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Name plaque for Kristina Keith 10.00 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Stamp, Stamp Pads, & Name Plates for Staff - Qty 5 83.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 16-0260,SCADA System Upgrades PRV,10/25/17-11/24/17 1,649.00 60 Enterprise Fund BHS SPECIALTY CHEMICALS 18-0038 Ferric Chloride (47,080#)8,050.68 60 Enterprise Fund BHS SPECIALTY CHEMICALS 18-0055 Defoam it 2,640.00 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0031, IVR Processing - November 2017 780.50 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0032, Lockbox Processing - November 2017 1,783.76 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Delinquent Notices, 11/27/17 1,294.67 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan Update, Service 10/27/17-11/23/17 14,221.00 60 Enterprise Fund BROWN & CALDWELL 17-0335,WRRF Headworks Upgrades,Service 10/1/17-10/26/17 25,975.94 60 Enterprise Fund BRYAN AND LISA BARTON Refund, 2302274204, Wat/Sew/Trash, 475 W Maple Ave, Renter M 30.71 60 Enterprise Fund BURKE & ANNJEAN SCHOLER Refund, 0909912205, Wat/Sew/Trash, 1461 W White Sands Dr, Cu 33.07 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.X-out Disposal 150.00 60 Enterprise Fund CAREER UNIFORMS 2 Dri-Mesh polo shirts for Alex Erickson 48.90 60 Enterprise Fund CAREER UNIFORMS Clothing for 11 Employees - Qty 62 893.20 60 Enterprise Fund CHRISTOPHER & CLARA PURDY Refund, 2404154803, Wat/Sew/Trash, 2897 W Santa Clara Dr, Cu 151.65 60 Enterprise Fund CODY NEBEKER Refund, 0808030403, Wat/Sew/Trash, 3757 N Quenzer Way, Custo 91.28 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 3ft Rt to Lft UNI, 240V INPT PWR SPLY Qty 2 645.54 60 Enterprise Fund CONDOC 3 Projects, WRRF headworks/Expansion/Outfall, Thru 10/31/17 149.97 60 Enterprise Fund CONDOC 3 Projects,WRRF Headworks/Expansion/Outfall, Thru 11/30/17 149.97 60 Enterprise Fund CORE & MAIN LP Parts to install scum piping at secondary #5 610.08 60 Enterprise Fund D & B SUPPLY 20V Drive Impact Wrench, Drive Sckt, Drive Univer Joint Qt3 319.87 60 Enterprise Fund DAVID D BASSIRI Refund, 1420136203, Wat/Sew/Trash, 2113 N Aronmink Way, Cust 33.35 Date: 12/14/17 10:46:22 AM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund DONALD AND MONISHA OCONNOR Refund, 2301093008, Wat/Sew/Trash, 223 W Broadway Ave, After 45.63 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance @ Winnipeg 208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Victory Resv.208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Water Tower 208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 15 208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 16 221.84 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 20 221.84 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 20B 208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 23 208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 24 659.69 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 25 208.00 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 26 695.77 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maintenance Well 27 208.00 60 Enterprise Fund E C POWER SYSTEMS Annual Generator Maintenance Well 21 208.00 60 Enterprise Fund ENVIRO-CARE COMPANY 17-0303,WRRF Headworks Upgrades, 10/27/17 52,240.00 60 Enterprise Fund FASTENAL COMPANY Bolts for eyewash stations 10.47 60 Enterprise Fund FASTENAL COMPANY Pigskin lined winter gloves-sizes L, XL & 2XL 92.82 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0017 2OMC2 M/T M520M Qty 122 37,680.77 60 Enterprise Fund FERGUSON ENTERPRISES INC.Galv Coupling, Galv Nipple, Adapter Qty 8 124.09 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Setter, MTR Pit, Ring, Water Cover Qty 8 4,413.62 60 Enterprise Fund FERGUSON ENTERPRISES INC.RR Ring, Wedge Rest, Gate Valve Qty 10 1,394.61 60 Enterprise Fund FRANCES NUTTING Refund, 1733160208, Wat/Sew/Trash, 85 E Waterbury Ln, Custom 21.20 60 Enterprise Fund HAZEL ASPHALT, LLC Sub Grade & Asphalt 1822 Fairwood Ct, Qty 1 750.00 60 Enterprise Fund HONSINGER LAW 18-0152,Water Rights Housekeeping, 9/14/17-11/14/17 8,380.00 60 Enterprise Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, November 2017 150.35 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Arte, Case# 352719, Child Support December 2017 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Kerr, Case# 344238, Child Support December 2017 405.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING N. Howell, Case# 326566, Child Support December 2017 299.00 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for Kristina Keith 46.25 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards-Brian McClure & Ryan Beecroft 46.25 60 Enterprise Fund IDAHO POWER #2223534898, Water Power - November 2017 65.08 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - November 2017 46,174.20 60 Enterprise Fund IDAHO POWER 2204228288, Water Power November 2017 28,113.60 60 Enterprise Fund IDAHO POWER 2205167097 WWTP Power - Liftstations - November 2017 3,054.70 60 Enterprise Fund IDAHO STATE TAX COMMISSION Sales Tax November 2017 5,087.42 Date: 12/14/17 10:46:22 AM Page: 10 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund JAMES L. & JACQUELYN J. CASE Refund, 9901097701, Dumpster, 276 Anton, Services Complete, 221.09 60 Enterprise Fund JOHNSTONE SUPPLY Fan to repair heater in mechanical room, Reuse booster 274.52 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0289,Well 32, 10/1-10/31/17 8,852.50 60 Enterprise Fund LA CRETA WHARTON Refund, 7700950001, Wat/Sew/Trash, LaCreta Wharton, Unclaime 57.00 60 Enterprise Fund LEVEL 5 RETAIL Refund, 9901094801, Dumpster, 3505 E Monarch Sky Ln, Service 292.23 60 Enterprise Fund LITHIA FORD LINCOLN OF BOISE Labor & parts to repair a fuel leak on CCTV Van 1 C16415 577.11 60 Enterprise Fund MASTERCARD MC Pay Water, #0547, 11/30/17 Statement 1,839.58 60 Enterprise Fund MASTERCARD MC WW, #0596, 11/30/17 Statement -940.31 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp FY15, 11/13-11/26/17 7,426.40 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp FY15. 10/30-11/12/17 4,178.00 60 Enterprise Fund McCALL INDUSTRIAL SS hex reducer bushing, ss nipple, ss threaded tee, threaded 75.08 60 Enterprise Fund METROQUIP, INC.Hose guide assy 209.00 60 Enterprise Fund METROQUIP, INC.Overhaul kit to rebuild wart hog nozzle seals on camel 166.20 60 Enterprise Fund MICHAEL TORRES Refund, 0550040404, Wat/Sew/Trash, 896 E Yucca Canyon St, Cu 500.00 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Parker MNPT, Pipe Thread Reducer Qty 9 39.07 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Steel MJ, Parker 37 MNPT Qty 12 15.87 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Hydraulic oil filter for UV hydraulic control center 26.26 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Synthetic suede winter plus gloves-size L & cotton blend 481.32 60 Enterprise Fund MURRAYSMITH INC 17-0173, 18-0154, Wtr Main Rep & Sewer Ext, Service To 10/31 1,645.50 60 Enterprise Fund NAPA AUTO PARTS Motor assy grease 38.76 60 Enterprise Fund NENA: THE 9-1-1 ASSOCIATION Membership Renewal, T. Ricks, FY18 137.00 60 Enterprise Fund NORCO Argon 173.26 60 Enterprise Fund NORCO Cylinder rental, Qty 8 - Nov 2017 59.46 60 Enterprise Fund NORCO Hi-vis long sleeve shirts for Tony Parks, Ryan Power, & Ryan 195.30 60 Enterprise Fund NORCO Portable eyewash station 947.91 60 Enterprise Fund NORCO Terra renew 26.64 60 Enterprise Fund O'REILLY AUTO PARTS Clear coat for trophies 11.98 60 Enterprise Fund OFFICE DEPOT, INC.Highlighters, Toner, Wastebasket - Qty 3 122.95 60 Enterprise Fund OFFICE DEPOT, INC.Pens & 2 Wireless Keybd/Mouse -CD12 & Ryan Beecroft 19.04 60 Enterprise Fund OFFICE DEPOT, INC.Post it notes & pens - qty 8 62.70 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 1395gl 2,315.85 Date: 12/14/17 10:46:22 AM Page: 11 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund POLLARDWATER.COM Large Meter Barrel Locks Qty 79 1,022.75 60 Enterprise Fund POLLARDWATER.COM Large Meter Locks Qty 53 913.30 60 Enterprise Fund POSTNET Backflow Reminder Ltrs Qty 33 50.21 60 Enterprise Fund PRIMEPAY, LLC.City of Meridian Dec 2017 Payroll FSA Deductions 5,619.32 60 Enterprise Fund RAIN FOR RENT Bypass pump hoses 9,346.46 60 Enterprise Fund RAIN FOR RENT Well 28 Water Treatment, Equipment Rentals 11/3/17-11/22/17 6,794.25 60 Enterprise Fund RALPH PARTNERS II LLC.Refund, 0808519004, Wat/Sew/Trash, 1182 E Grand Canyon, Cust 33.35 60 Enterprise Fund RALPH PARTNERS II LLC.Refund, 2950020604, Wat/Sew/Trash, 1705 W Bayeux Dr, Custome 43.18 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolid disposal 7,374.96 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract - November 2017 1,052,971.36 60 Enterprise Fund RESERVE ACCOUNT POSTAGE USE, November 2017 248.39 60 Enterprise Fund RICOH USA, INC C86101407, PW copier lease December, Copies November 2017 423.72 60 Enterprise Fund RICOH USA, INC C86101421, Envir copier lease December, copies November 2017 347.84 60 Enterprise Fund RICOH USA, INC C86108123, E205M560104, Copier Lease 12/17 & Copies 11/17 103.79 60 Enterprise Fund SHYAM RAMALINGAM Refund, 0704112804, Wat/Sew/Trash, 4559 N Schubert Pl, Custo 56.88 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Handy Concrete Pre Mix Qty 42 230.80 60 Enterprise Fund STAR CONSTRUCTION, LLC 17-0323,Well 29,Construction as of 11/27/17 108,876.70 60 Enterprise Fund SULLIVAN REBERGER 17-0409, Lobbying fees for November 2017 4,000.00 60 Enterprise Fund T-ZERS SHIRT SHOP Caps plus embroidery on FR sweatshirt for Jackson Allen 29.00 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidery for FR long sleeve shirts for Jackson Allen 24.00 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidery on Collections hi-vis shirts for Tony Parks,90.00 60 Enterprise Fund T-ZERS SHIRT SHOP Polo Shirt & Sweatshirt for Patricia Zarate - Qty 2 43.00 60 Enterprise Fund TACOMA SCREW PRODUCTS Threaded rod to repair broken packing gland on pump 1, 17.62 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 12/11/17-12/31/17 160.40 60 Enterprise Fund THE UPS STORE Shipping for WET testing 557.27 60 Enterprise Fund ULINE, INC.6 Step Ladder Qty 3 1,712.31 60 Enterprise Fund ULINE, INC.9 Step Ladder Qty 2 1,543.52 60 Enterprise Fund URISA URISA Membership, T. Ricks, 1/1/18-12/31/18 175.00 60 Enterprise Fund USA BLUEBOOK Apollo 77FLF Forged Brass Ball Qty 1 19.99 Date: 12/14/17 10:46:22 AM Page: 12 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund USA BLUEBOOK Apolo Brass Ball, Brass Double Nipple, Measure Wheel Qty 11 380.66 60 Enterprise Fund USA BLUEBOOK Meters, Meter Gaskets, Inverted Paint, Stainless Steel Gauge 932.75 60 Enterprise Fund USA BLUEBOOK Screen Insert, Tablet Feed Atachmnt, Asorbic Acid Tabs Qty 8 3,458.56 60 Enterprise Fund VANCE & JANET GROVES Refund, 3074309602, Wat/Sew/Trash, 1075 W Egret Dr, Title Co 102.57 60 Enterprise Fund WW GRAINGER, INC Pressure gauge 22.10 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 monthly copier lease for Oct 2017 151.00 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-985464 monthly copier lease for Oct 2017 plus 161.95 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-761692 monthly copier lease for Oct 2017 plus 315.45 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Flygt float switch leakage detector 189.45 Total 60 Enterprise Fund 1,492,954.09 Report Total 3,041,853.59 Date: 12/14/17 10:46:22 AM Page: 13 Meridian City Council Meeting DATE: ############ ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Amended onto Agenda Award of RFQ and Approval of Agreement to Rice, Fergus, Miller, Inc. for the "Fire Station 6 Pre -Design and Programming Services" project for a Not -To -Exceed amount of $93, 607.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Charlie Butterfield & Mark Niemeyer Date: 12/18/2017 Re: December 19 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 19 th City Council Consent Agenda for Council’s consideration. Award of RFQ and Approval of Agreement to Rice, Fergus, Miller, Inc. for the “Fire Station 6 Pre-Design & Programming Services” project for a Not-To-Exceed amount of $93,607.00. Recommended Council Action: Award of RFQ and Approval of Agreement to Rice, Fergus Miller, Inc. for the Not-To-Exceed amount of $93,607.00. Thank you for your consideration. City of Meridian Purchasing Dept. 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: Payment and Performance Bonds Received (Date): Rating: N/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 $93,607 Mark Neimeyer If yes, has policy been purchased? Rice, Fergus, Miller, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 7 2210 92000 10770 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 6 Fire Agencies evaluated the RFQ responses. Mark Niemeyer and Charlie Butterfield of Meridian and Mark Wendelsdorf of Caldwell negotiated the fees. N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Mark Niemeyer 12/5/2017 12/18/107 Council I. PROJECT INFORMATION N/A FY18 12/15/2017 FIRE Fire Station 6 Design Services - Programming V. BASIS OF AWARD 11/14/2017 November 27, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A N/A N/A ,W.AIA Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT madc as of the Twelfth day of December in the year 2017 (ht 1t'ot'ds, ifidicate dq', mo th ond \.eor-) BETWEEN the Architect's client identificd as the Owncr: (Name, lcgul stutus, adtlrcss untl other infornation) City of Meridian c/o Meddian Fire Departrnent 33 E Broadway Avenue #204 Meridian, ID 83462 and the Architect: (Nome, legal status, address and other infornation) Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 Telephone Number: 360-37'7 -8'773 for the following Project: (Ndthe, loc ioh and detdiled descri?tion) I zotzozo.oo Meridian Fire Starion 6 The Construction Manager (if knorvn): (Nome, leEal status, address and other itrfornation) I To be Selected The Owner and Architcct agree as follorvs. ADDITIONS AND DELETIONS: The aulhor of this documeni has added informalion needed for its completion. The author may also have revised the text of the original AIA standard form. An Addiqons and Deleliors Repod thal notes added information as well as revisions to the standard form text is available from lhe author and should be reviewed. A verticalline in lhe left margin of this document indicates where the auihor has added necessary information and where the author has added to or deleted from lhe originalAlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respecl to its completion or rnodification. This document is intended to be used in conjunction with AIA Documents A20'1 rM-2007, ceneral Condilions of the Contract ror Conslruclion; A1 33rM-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where lhe basis of paymenl is the Cost of the Work Plus a Fee with a Guaranleed Maximum Price; and A134rM-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost ofthe Work Plus a Fee without a Guaranteed Maximum Price. AIA Document A201tu-2007 as adopted in this document by reference. Do not use with other general conditions unless this documenl is modified 1 lnit.AIA P-ocument 8133 - m14. Copyright o 2014 by The Am€ican lnstltut€ of tuchilscts. All rtght3 r$€wsd. WARN|NG: This AIA! Documenl is protected by U.S. CoPyright Law and lnternational Tr€aties. Unauthorized r€p.oduction ordislributi;n ofthis AtAc Document, orany porrion of it, may resutr in severe civiland criminalpenalties, and willbe prosecuted to the marimum extent possibte underthe taw. This oocument urai produced byAtA soth,vare al 17:51:47 on 1211812017 under Order No. 6867148990 $fiich expires on 1O/31/2018, and is not for resate. lJser Not€s: (3B9ADA38) Document 8133" - 2014 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'SRESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'SRESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGIITS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION ,IO MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION $ 1.1 This Agrccment is based on thc Initial Information su fofih in this Section l.l. (Note the disposilionfor the follou,irtg itens b_y inserling the reque,\ted in[onnation ot e stote]nent su(h as "tlot applicahlc," "unkno*tt at tinrc o.fexecution. ' or "to be d?ternined later br' , unnl ogrcenpit.") $ '1.1.1 The Owner's program for the Projcct: ( lde ti/.i docume tatiotl ol statc th? motner in t hich the program u ill hc devekryed.) As noted ill Letter ofProposal dated Decernbcr 7, 2017 and atrached as Exhibit A. S 1.1.2 Thc Project's physical charactcristics: (ldetti$ or describe, iJ approptidtc. si.c, loculioh, dimefisions, or other pertincnt infbrnqtion, st/ch ds geotechnicul r.'pot ts: site, borodan' and topographic sutrt y.s; trqflic a d utilit| studies, avaihhilin, of public d d pri|tlte utilities and setl.ices; legal desciption ofthe sit(: !tc.) ! 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1 (Provide total attd. if knot:n, a lite item hreakdown.) $ 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milcstonc da(cs, ifany: To be determined. .2 Commencement of construction AIA Documont 8133 -2014. CopyrightO 2014 by The Amoncan tnslilule of tuchitects. Alt rights rcsorved. WARNINGT Th s AtA Documert rs prolectedby U.S. Copyright Llw and lntomational Tr.aties. lJnauihorizod r.production or dtslrib urion ofthis AlA. Docu,n€nl, or any poriion otit, may rEsutt insevere civil and crimin al penahies, and will be prosecut.d to the maximum ext€nl ible underthe law. This dodrment was prodlced byAtA sottware lnit. al lT:5'l:47 ot, l2l1A2A17 under Order No. 68G7148990 which epires on t0/31p018,Us.l Notes:(3B9ADA38) 2 To be determined. .3 Substantial Completion date or milestone dates: To be determined. .4 Othcr: $ 1.,l.5 Thc Owner intends to retain a Constmction Manager pursuant to the follorving agrecment (Indi c at e agree ne nt W e.) IX ] AIA Document Al33-2009, Standard Form ofAgreement Bet\r.een Owner and Consrntction Manager as Constructor where the basis ofpayrneot is the Cost ofthe Work Plus a Fee with a Cuaranteed Maximum Price []AIADocumentAl34-2009,StandardFormofAgreementBetweenOwneraIrdConstruction Manager as Constructor where the basis ofpayrnent is the Cost ofthc Work Plus a Fee }.ithout a Guaranteed Maximum Price $ 1.1.6 The Owucr's requirements for accclerated or fast-lrack scheduling or phased construction are sct forth below (List tnmber and t-vJte of bid/procurene nt packoges.) I None identilicd at this time. $ 1.1.7 Other Project infomation: (ldenlify speciul characleristics or ccds ol lhe Prcicct ttol pt'otitled elsetlrcrc, such a.t tltt Onner's sustaindhl(' objectite, if cun', o| historic prcse^\ttion rcqrtirentents. ) I None identified at this time. $ 1.1.8 The Owuer identifies thc following representative in accordance \ ith Section 5.5 (List nqme, address and other idormation.) Division Chief Buttcrfi eld Meridian Fire Department 33 E Board$ ay Avcnue #2M Meridian- ID 83462 | @aragraph Deleted) $ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows. (Paragraph Deleted) I llitr no^", address and other information.) I Not applicable. $ 1.1.'10 Thc Owncr u.ill retain the fotlorving consultants: (List rtdthe, legal status, address and other information_) .1 ConstruclionMaDaser: rnrr. frr:.'"J[3l"^i'..";- 2014, CopyrightO 2014 by The Amedcan tnstitut€ ofArchrtects. AI rights re3€rv6d. WARNING Th s AIA Document rs protectedand lnt.mational Troatics. tlnauthorizad r.produclon or di!rhis AlA. Docum.nl, or any porlion ot it, may resutr insevere civiland crimi nalpenalties, and willbe prosecuted to ihe maximum extent der the law. This documenl was prodlced by AIA sofiVareat 17:51:47 on12l1 €Y2017 underOrder No.5867148990 which expires on 11t3jl2O1B, (389ADA38) 3 (Tlrc Constntction Manager is identified on the co|ef page. Ifd Co struction Manager has not bcen retaiuecl as ofthe date ofthis Agreenent, state the qnticipated date ofretentio .lf the Architect is to assist the Ouner in selecti g thc Constntction Matager, conplete Section 4-I.1) .2 Cost Consultant (if in additioo to the Construction Manager): (If a Cost Consdtanl is retaine.l, appropriate relerences to the Cost Consultant sltuuld be i\serted in Sections 3.3.6.3.j.7,3.1.2,3.1.j, 3.5.4,3.5.5,5.4,6.3,6.3.1,6.4 and 11.6.) .3 Land Surveyor: ,4 GcotcchnicalEnginccr: .5 Civil Erginccr: Not by Owner; included in services ofArchitect. .6 Other coNultants: (List a y other consultants retained by the Owner, such as a Project or Progran Manager, or s c heduling consultant. ) None identified at this time ! 1.1.11 The Architect identifies the following representative in accordance with Section 2.3: (List name, adclrcss ond othet inlormation.) Ron Easterday Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Brcmerton, WA 98337 Sl.l.l2ThcArchitectwill retainthcconsultantsidcntitiedinSectionsl.l.l2.landl.l.l2.2: 4 lnit.AIA Documenl 813:} - 201{. Copyrlght O 2014 by The Amsrican lnslitute ol tuchilscts. All rlghtr rssorvod. WARNING: Ihis Ala! Docum€nr is protected by U,S. CoPyrighl Law and lnternation.lTrealies. Unautholizod rcproduction or distribution oflhis AlAd Oocumonl, or any portiofl ot it, may result in severe civiland criminalpenalties, and willbe proseculed to the maximum exlent possible underthe law. Thas doclment was prcduced by AIA sofrvJare al17t5'l:47 on 12/1U2A17 lnder Ord6r No. 6867148990 which oxpires on 10/312018, and s noi forresale. lJser Noteai (3B9ADA38) (List name, legal status, address and other infonution.) $'1.,l.'12.1 Consultants retained under Basic Services: .1 StructuralEngineer: KPFF 412 East Parkcenler Blvd. Ste 200 Boise.ID 83706 .2 Mechanical Engineer Cator Ruma Company 2222 Broadu ay Avenue Boises, ID 83706 Cator Ruma Company 2222 Broaduay Avenue Boisc- ID 83706 $ 1.1.12.2 Consultants rctained under Additional Scrviccs: Associate Architect: Pivot North Architeoture 1l0l W Grov€ St, Boise, lD 83702 Civil Engineering and Landscape Architecture The Land Group 462 E Shore Dr Suite 100, Eagle,ID 83616 I t.l.te Other Initial Information on which the Agreement is based ! '1.2 The Owner and Architect may rely on the Initial Infomatiotr. Both panies, however, recognize thar such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architecl's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES $ 2.1 The Architect shall provide the professional sewices as set forth in this Agreement. $ 22 The Architect shall perform its sewices consistant with the professional skill and care ordinarily provided by architects practicirg in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistcnt with such professional skill and care and the orderly progress of the Project. $ 2.3 The Architect shall provide its services in conjunation with the services ofa Coostruction Manager as described in the agreement identified in Section 1.1.5. The Architect shall not be responsible for actions taken by rhe Construction Manager- lnil.Al,A Documont 4133 by U.S. Copyright Law severe civiland crimin al'17 :51 :47 on 1 21 18120 - 2014. Copynghl O 2014 by The Am€rican lnstitut€ of Archit€cts. All rights rossrvod. WARNIN G: Thjs AtAi Doc ument is protected and lnternational T@ties. tlnaulhorized reproduction or distribution ofthis AtAo Docum.nt, or any porrion of ir, may r€sutt inalpenalties, and willbe prosecuted to lhe maximum extent possible under lhe taw. This doqrment wai produc,ed byAtA software17 under Order No. 6857148990 which expires on 1O/31/20i 8, and is not for resale. (3B9ADA38) 5 3 ElectricalEngirreer; $ 2.4 The Architect shall idenlify a rcprcsentative authorized to act on behalfofthe Archircct $'ith respect to the Project. $ 2.5 Except with the Owner's kno$,ledge and consent, the Architect shall not engage in any activity, or accept any employmenl, interest or cont bution that would reasonably appear to cornpromise the Architect's professional judgrnent u'ith rcspect to this Projcct. $ 2.6 lnsurance. The Architect shall maintain thc following insurance for the duration ofthis Agreement. Ifany of the requiremeuts set forth below exceed thc typcs artd limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost as set forth in Section I l 8.3. $ 2.6.1 Commercial Getreral Liability with policy limits ofnot less than Two Million Dollars ($ 2,000,000.00 ) for each occurrence and Two Million Dollars ($ $2,000,000.00 ) in the aggegate for bodily irjury and property damage. ! 2.6.2 Automobile Liabiliqr covering vehicles owned by the Architect and non-olvned vehicles used by the Architect rvith policy limits ofnot less than One Million Doltan ($ 1,000,000.00 ) pcr claim and One Million Dollars ($ 1,000,000.00 ) in the aggregate lor bodily injury and property damalte along with an1 other statutorily required automobile coverage. $ 2.6.3 The Architect may achieye the required limits and coverage for Commercial General Liability and Autotnobile Liability through a combination ofprirnary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and 2.6.2. $ 2.6,4 Workers' Compensation at statutory limits and Employers Liability rvith policy limits ofnot less than as rcquircd by the State where business is being conducted $ 2.6.5 Profcssional Liatrility covering ncgligcnt acts. errors and omissions in thc pcrformancc ofprofcssional services, with policy limits of not less than Five Million Dollars ($ 5.000,000.00 ) per claim and Five Miltion Dollars ($ 5,000,000.00 ) in the aggregate. $ 2.6.6 The Owner shall be an additional insured on the Architect's primary and excess insurance policies for Commercial Cencral Liabitity and Automobile Liability. The additional insured coverage shall be primary and non- co[tributory to any oflhe Owner's insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. $ 2.6.7 The Architect shall provide to the Orurer certillcates ofinsurance evidencing compliance with the requirements in this Section 2.6. The ceflificates will show the Owner as additional insureds on the Commercial Geueral Liability, Automobile Liability, and any excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVIGES $ 3.1 The Architcct's Basic Services consist ofthose described in Article 3 and include usual and customary structural, mechanical, and electrical engincering scn'ices. Services not set forth in this Articlc 3 are Additional Services. $ 3.1.1 The Architect shall manage the Architect's senices. consult with the Owner and the Construction Manager, research applicable design criteria, attcnd Pro.jcct meetings, communicate rvith members ofthc Project team and repo( progress to the Ouner. $ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the O\a[er's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information fumished by the Owner, the Construction Manager, and the Orvner's consultants. The Architect shall provide prompt written notice to the Owner ifthe Architect bccomes aware ofany error, omission or inconsistency in such services or infonnation, lnit-AIA Oocuh.nt Bt33n by U.s. Copyright Law severe civiland crimin at 17:51:47 on 12118120 us€r NotB: -2014. Copyighl@2014 byno Am€ic€n lnsUtuto of Ardritsds. All dght r.r..v.d. WARNTNG: This AtA! Documenl is p.otecledard lnternationalTrsati.s. Unauthotizod reproduction or dislributdn olthis AlA. Documenl. or any portion ot ii, may resutt inralpenahies, and willbe pros€cutGd io lhe marifium extent possible underthe taw. This document was produced byAtA software 1 7 under frer No. 6867148990 \rhich expies on t U31A018, ahd is not for lesale. (3B9ADA38) 6 $ 3.1.3 As soon as practicable after thc date ofthis Agrcement, the Architecl shall submil lo the Owner and the Construction Manager a schedulc ofthe Architect's services for inclusion in the Projcct schedule prcpared by the Construction Manager. l'he schedule ofthe Architect's services shall include design milestone dates, anticipated dates when cost estirnates or design reviews may occur, and allorvances for periods of time required (l) for the Owner's review, (2) for the Construction Manager's review. (3) for the performance ofthe Construction Manager's Preconstruction Phasc ser!'iccs, (4) for the performance of the Owlrcr's consultants, and (5) for approval of submissions by authorities haviDg jurisdiction over the Project. $ 3.1'5 Once the O![rer, Construction Manager, and Architect agree to the rime limits established by rhe Project schedule, the Owner and Architect shall not exceed them, except for reasonable cause_ $ 3.1.6 The Arcbjtect shall not be responsible for an Owncr's directive or substitution, or for ahe Owner's acceptance of non-conforming work, made without the Architect's approval. $ 3.,l.7 The Architect shall, at appropriate times, in coordination rvith the Construction Manager, contact the goYemmcntal authoritics required to approve thc Conslruction Documcnts and thc cntitics providing utility scrvices to the Project. In designing the Project, the Architect shall respond to applicable design requirernents imposed by such govemmental authorities and by such entities providing urility senices, ! 3'1.8 Thc Architcct shall assist thc Owncr and Construction Managcr in conncction with thc Owncr's rcsponsibility for filing documents required for thc approval ofgovemmcntal authorities having jurisdiction over the Project. 3.1.9 ConceptConcept Design and Entitlements: Services as noted in Letter ofProposal dated December l, 2017 and attached as Exhibit A. $ 3.1.4 The Architect shall submit information to the Construction Manager and participate in dcvcloping and revising the Project schedulc as it relates to the Architect's services. The Architect shall rcvicw and approve, or take othcr appropriate action uPon, the portiofl ofthe Project schedule relating to the performancc ofthe Architect's servlces. $ 3.2 Evaluation otthe Construction ltlanagels Guaranteed l{aximum Price Proposalor Control Estimale . NOT INCLUOED IN CONTRACT OR FEE $ 3.2.1 Prior to the O\r'ner's acceptance ofthe Guaranteed Maximum price proposal or Control Esrimare, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon u'ritten request ofthe Construction Manager, provide clarification or interpretations pertaining to thc Drawings, Specifications, and othcr documeots submitted by the Architcct. The Architect and Construction Manager shall include the Ot'ner on all communications related to substitution requests, clarifications, and interprctations. $ 3,2'2 During one ofthe design phases, the Ovrler rvill receive a Guaranteed Maximum Price proposal or Control Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Orvner in reviewing the Construction Manager's proposal or estimate. The Architect's review is not for the purposc of discolering errors. omissions, or inconsisteflcies; for the assumption ofany responsibility for the coDstruction Manager's pr;posed mcans, methods, sequences, techniques, or procedures; or lbr the verification ofany estimales ofcost or estimatcd cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notifu the Owner and Consruction Manager. $ 3.23 Upon authorizalion by the Owner, and subject to Section 4.3.1.15, the Architect shall update the Drarvings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in-the Guaralteed Maximum Price Amendmcnt or Control Estimatc S 3.3 Schematic oesign Phase Services. NOT INCLUDEO lN CONTRACT OR FEE ! 3'3.1 Tlre Architect shall rcvieu the program and othcr information fumished by the owncr and Construction Manager, and shall revieu. larvs. codes, and regulations applicable to the Architect,s sen.ices. lnit nal penalti€s, and willbe proseculed to the;aximum extent possibte underthe taw. This d017 under Order No. 6867148990 which expir6s on 1O/31/2018. and is not for.esale. (389A0438) AIA Oocument 8133 -2014. CopyrightO 2014 by The American tnslftule of tuch lects. Alt ights res€rvod. WARNT NG: This AIA! Oocument is protecred onl, or any portion of il, may resulr in ocument was produc€d by AIA sottware by U.S. Copyright Law and lnt.rnational Troati.s. lJhauthoriz€d r.producrion or distri bution ofthis AlAo Do.umsevere civil and crimi at 17:51:47 on 12118t2 7 $ 3,3.2 Thc Architect shall prcpare a preliminary evaluation ofthe Owncr's program, schcdule, budget for the Cost ofthc Work, Project site, and other Initial Information, each in terms ofthe other, to ascenain the requiremenh of the Project. The Architect shall notiry the Owner of ( I ) any inconsistencies discovered in the information, and (2) other infonnation or consulting services that may be reasonably needed for the prqect. $ 3'3.3 The Architect shall presenl its preliminary evaluation to the Owner and Construction Manager and shall discuss *ith the Ou'ner and CoDstruction Managcr alternativc approaclrcs to design and construction ofthc Projcct. including the feasibilily of incorporating sustainable design approachcs, and consideration ofthe implcmentation of the Orvncr's sustainable objective, ifany. The Architect shall reach an understanding $ ith the O\i'ner regarding thc requiremcnts of the Project. $ 3.3.4 Based on the Projed requiremetrts agreed upo! with the owler, the Architect shall prepare and present to the Owner and Coostruction Manager, for the O*.uer's approval, a prcliminary design illustrating the scale and rclationship of the Project components. $ 3,3.5 Based on the Ou.ner's approval ofthe preliminary design, thc Architect shall prepare Schenatic Design Documents for the O$TIer's approval and the Construction Managcr's review. The Schematic Design Documcnts shall consist ofdrawings and other documents including a site plan, ifappropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspcctive sketches, or digital modeling. Preliminary selections ofmajor building systerns and construction materials shall be noted on the drawings or described in writing, $ 3.3.5,1 The Architect shall consider sustainable dcsign altematives, such as rnaterial choiccs and building orientation, together with other considerations based on program and aesthetics, implications ofsustainable code requircmcnts cnacted in thc rclcvant jurisdiction. ifany, in devcloping a dcsign that is consistcnt with the Owncr's program, schedule and budgct for the Cost ofthe Work. The Owncr may obtain other sustainable desigr scrvices under Article 4. $ 3.3,5,2 The Architect shall considcr with thc C)rvncr and the Construction Maflager thc valuc of altcmativc materials, building systems and equipment, together lvith other considerations based on program and aesthetics in dweloping a design for the Project that is consisten( rvith the Orvner's schedule and budget for the Cost ofthe Work. $ 3.3.6 The Architect shall submit the Schematic Design Documents to the Olr'ner and the Constnrction Manager. The Archilect shall meet wilh the Construction Manager to review the Schematic Design Documents. $ 3.3.7 Upon receipt ofthe Construction Manager's rcvier.r' comments and cost estimate at the conclusion ofthc Schemalic t)esipn Phase, thc Architect shall takc action as required under Section 6.4, identify agreed upon adjustmenls to the Project's size, quality, or budget, and request the Owner's approval ofthe Schematic Design Documents. lfrevisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost afthe Work at the conclusion ofthe Schematic Design Phase, thc Architect shall ilcorporatc the required revisions in the Design Development Phase. $ 3.3.8 In the funher development ofthe Drawings and Specifications during this and subsequent phases ofdesign, the Architect shall be entitled to rcly on the accuracy oflhe estimates ofthe Cost ofthe Work, which are to be provided by the Construction Manager under the Construction Manager's agreement u.ith the Ou.ner. $ 3.4 Design Oevelopment Phaso Services . NOT INCLUDED lN C0NTRACT OR FEE $ 3.4,1 Based on the Ouner's approval ofthe Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget lbr the Cost ol the Work pursuant to Section 5.4, thc Architect shall prcparc Design Dcvclopmcnt Documcnts for thc Owncr's approval and Construction Managcr's review. The Design Devclopment Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and sball illustrate and describe the development ofthe approved Schematic Design Documents and shall consist ofdrarvings and other documents including plans. sections. elevations, qpical coDstruction dctails, and diagrammatic layouts ofbuilding systcms to fix and describc thc sizc and charactcr ofthc Project as to architectural. structural, mechanical and electrical systems, and such other elemcnts as may bc approp atc. The Design Development Documents shall also include outline specifications that identiry major materials and systems and establish i[ general their quality levels. AIA Document B'133t -ml4. CopynghtO20t4 by The Amsdcan lnslltuto of &drltects. All rlght r.s€w.d. WARNINGrThis AlA. Oocument is protscted by U S copyrighl Law and lnlernalionalTr€ali.s, Unauthorized reproduction or distribulion ofthis AlAe Docum6nt, orany porlion or it, may resutt in severe civiland criminalpenalties, and will be prosecuted to lhe maximum exlent possible underthe law. This doftmsnt $ras produc€d byAtA sofh{are el'17:5'l:47 on1211U2017 under Order No. 6€67148990 rhach Bxplres on '1(y312018. end is not for lesat€. User Noi.r: (3B9AOA3S) 8 lnit. $ 3-4.2 Prior to thc conclusion ofthe Design Development Phase, thc Architect shall submit thc Dcsign Dcvclopment Documents to the Orvner and the Construction Manager. The Architect shall rneet \r'ith the Construction Manager to review the Design Developmeot Documents. $ 3,4.3 Upon receipt ofthe Construction Manager's informatiou and estimate at the conclusion ofthe Design Development Phasc, the Architect shall takc actiou as required under Sections 6.5 and 6.6 and request thc Owner's approval of the f)esign Development Documents. S 3,5 Construclion Documsnts Phase Services - NOT INCLUDED lN CONTRACT OR FEE $ 3.5.1 Bascd on the Ou'ner's approval ofthe Dcsign DevelopmeDl Documerts, and on the Olr.ncr's authorization of any adjustments in the Project requiremenls and the budget for the Cosl ofthe Work, the Archilect shall prcpare Construction Documents for the Owner's approval and the Construction Manager's revie\r. The Construction Documents shall illustrate and desctibe the funhcr dcvelopment ofthe approved Design Developmenr Documents and shall consist ofDrarvings and Specifications settinB forth in detail the quality levels of marerials and systems and other requirements for the construction ofthc Work. lhe Ouner and Architect acknouledge that in order to construct the Work the Construction Manager will provide additional infonnation, including Shop Drawings, Product Data. Samples and other similar submillals, which ihe Architect shall review in accordance rvith Secrion 3.6.4. ! 3.5.2 The Architect shall incorporate into the Construction Documents the design requirements ofgovemmental authorities having jurisdiction over the Project. $ 3.5.3 During the development ofthe Construction Documents, ifrequcsted by the Owller, thc Architcct shall assist thc Owner and Construction Managq in thc dcvclopmcflt and prcparation of (l) thc Conditions ofthc Contract for Constructioll (General, Supplementary and other Conditions) and (2) a projcct manual that includcs the Conditions of the Contract for Construction and Specifications and may bclude sample fonns. S 3.5.4 Prior to thc conclusion ofthc Construction Documcnts Phase, thc Architect shall submit thc Construction Documents to the Owner and the Construction Manager. The Architect shall meet u ith the Construction Manager to review the Construction Documents. $ 3.5.5 Upon receipt ofthe Construction Manager's information and estimate at the conclusion ofthe Construction Documents Phase, the Architect shall take action as required under Section 6.7 and obtain the Owner's approval of the Construction Documents. S 3.6 Construction Phase Services - NOT INCLUDED lN C0NTRACT 0R FEE S 3.6.'l General $ 3.6.1.1 The Architect shall provide administration ofthe Contract bctween the O$.ner and the Construcrion Mamger as sct foflh belorv a.d in AIA Document ,{201rL2007, General Conditiols ofthe Contract for Construction. Ifthe Owner and Co[struction Manager modis AIA Document A2Ol-2007, those modifications shall not affect the Architect's services under this Agreement ur ess the Ou ner and the Architect amend this Agreemenl. S 3.6.1.2 Subject to Section 4.3, the Architect's responsibility to provide Constmction Phase Services conmences upon the Owner's acceptance ofthe Construction Manager's Guaranteed Maximum Price proposal, thc Owner's approval ofthe Construction Manager's Control Estimate, or the Owner's issuance ofa Notice to Procecd to the Construction Manager. Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Scrvices terminates on the date $e.Architect issues the final Certificate for payment. $ 3.6.1.3 The Architcct shall advise and consull with the Owner and Construction Manager during the Construction Phase Services. Thc Architect shall have autho ty to acton behalfofthe Owner only tJthe exteit provided in this Agreement. The Architect shall not have control over, charge of, or rcsponsibility foi the constructi-on mcans, methods, techniques, sequences or procedures, or for safety precautioni and programs in connection with the Work. nor shall the Architcct bc rcsponsiblc for thc Construction Managcr's failurc to fcrform the Work in accordanccwith the requirements ofthe Contuact Documents. The Architect shall be responiible for the Architect's negligent acts or omissions. but shall not have control over or charge of, and shall not Le responsible for, acts or omii-siJns of the Construction Manager or ofany other persons or cntities performing portions ofthe Work. AIA Document 8133 by U.S. Copyright Law - 2014. Copyrighl O 2014 by The Ameican tnsiitule oI Arch lects. Alt rlghls ros€rved.WARNING: Ihis AtA! Document is protectedand lntornational Treatj.s. Unauthorlz.d r€production or distri Document, or any portion of ir, may r€suI insevere civiland criminalpenalties, and wittbe prosecuted to lhe;aximum e)(teni possible under lhe taw This documenl was prodlced by AtA sofrwareat 17:51:47 on lzlat lnit- 2017 unde, Order No. 6867148990 wh ch apkes on j0/312019.and is not for resale. (3BgADA38) I ! 3.6.2 Evaluations ofthe Work ! 3,6.2.1 The Architect shall visit the site at intervals appropriate to the stage ofconstruction, or as othenvise rcquircd in Scclion 4.3.3, to become gcncrally farniliar with thc progrcss ald quality ofthe portior ofthc Work completed, and to detcmine, in getreral, ifthe Work obscrvcd is being pcrformed in a maDner indicating that thc Work, when fully conlpleted, uill be in accordance with the Contract Documents. However. rhe Architect shrll not be requircd to make exhaustive or continuous on-site inspections to check the quality or quatrtity ofthe Work. Ch the basis ofthe site visits, the Architect shall kcep the Owncr reasonably informed about the progress and quality of the ponion of the Work completed, and repon to the O\,\'ner (l) krown deviations from the Conlract Documents and from thc most recent comtruction scbedule, and (2) defecls and deficiencies observed in the Work. $ 3.6'2'2 The Architcct has the authority to reject Work thal docs not conform to rhe Contract Documents. whcncvcr the Archilect considers it necessary or advisable, the Architect shall have the authoriry to require inspection or testing ofthe Work in accordance with the provisions ofthe Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority ofthe Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give risc to a duty or responsibility ofthe Architect to the Conslruction Manager, Subcontractors, material and equipment supplicrs, their agents or employees or athcr persons or cntities performing portions of the Wo*. ! 3.6.2.3 Thc Architect shall interpret and dccide matters conccming performance under, and requirements of, thc Contract Documents on writteD request ofeithcr the Owner or Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptncss. S 3'6.2.4 lnterpretations and decisions ofthe Architect shall be consistent uith the intent ofand reasonably infcrable from thc Contrac( Documens and shall bc in writing or in thc form of drau ings. Whcn making such intcrprclations and decisions, the Architect sball endeavor to secure faithful performance by both O$'ner and Construction Mamger, shall not shorv partiality to either. and shall not be liable for results of hrerprctations or decisions rendercd in good faith. The Architect's decisions on matters relating to aesthclic ellect shall be final ifconsistcnt with the intcnl cxEcsscd in the Contract Documents. $ 3,6.2.5 Unless the Owner and Construction Manager designate another pcnon to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 2007, thc Architect shall render initial decisions on Claims between the Owner and Conslruction Maflager as provided in the Contract Documents. $ 3.6.3 Certilicates for Payment to Construction tUanager $ 3.6.3.1 The Architect shall revierv and certiry the amounts due the Construction Manager and shall issue certificates in such amounts. The Architect's certification for palment shall constitute a representation to the Owncr, based on the Architect's evaluation ofthe Work as provided in Section 3.6.2 and on the data comprising the Constructiotr Manager's Application for Payment, that. to rhe best of the Architect's knowledge. information and belief, the Work has progressed to the point indicated and that the quality ofahe work is in accordance with the Contract Documents- The foregoing representations arc subject ( I ) to an evaluation ofthe Work for conformancc with the Cootract Documents upon Substantial Completion, (2) to results ofsubsequent tests and inspections, (3) to correction of minor deviations fiom the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. ! 3'6.3.2 The issuance ofa Certificate for Payment shall not be a represetrtarion that the Architect has (l) made exhaustive or continuous on-sile inspections to check the quality or quantity ofthe work, (2) reviewed construction meaos, methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received fiom Subcoltractors and material suppliers and other data requested by the Owner to substantiate the Construction Mauager's right to payment, or (4) asccrtained how or for what purpose the Construction Manager has used money previously paid on account ofthe Contruct Sum. $ 3.6.3.3 The Architect shall maintain a record ofthe Applications and certificates for payment. S 3.6.4 Submittals ! 3.6.4.1 The Architect shall reYiew the Consfuction Manager's submittal schedule and shall not unreasonably dclay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordanca with the approved AIA! Docum€nl is protoctod ny portion ol ii, may r.sult in was prcduc€d by AIA sottwer€ lnit.A]A Oocum.nl8133n - m14. CopyEht 6 2014 by Th6 Amencan tnsltMe ol Arcfi ects. AI ddby U.S. Copyrighl Law ahd lnt.rnationat Trearies. Unaurhorired rop.oduclion o, ai"rriO"tiJsev€re civil and crimanat penahies, and y/i be prosecut€d to the marimum extent pos3ibte at17i31t47 on 1211812017 urder Order No. 6867148990 which oxptes on ,0/31/2018, a;d ; ;oiU3ar llola3: hb .c.erved. WARNINci This n orthis AlAe Documenl, or 6 under Ihe law. This doGrment (3B9ADA38) '10 submittal schcdule or, in the absence ofan approved submittal schedule, with reasonable promptness while allowing sufficicnt time in the Architect's professional i udgment to permit adequate review. ! 3.6.4.2 lo accordance with the Architect-approved subrniltal schedule, the Architect shall revieu and approve or take other appropriate action upon the Construction Marrager's submittals such as Shop Drawings, Product Data and Sanrplcs, but only for thc limited purpose ofchecking for conformance with iuformatioo given and rhc design concept exprcssed in thc Contract Documents. Review of such subnittals is not for the purpose ofdctermining thc accuracl' and complcteness of other information such as dimensions, quantities, and installatior or performancc of equipmetrt or systcms, which are the Construction Managcr's responsibility. The Architect's review shall not conslitutc approval of safety precautions or, unless other* isc specifically slaled by tbe Architect, ofany construction means, mcthods, lechniques, sequences or procedures. The Architect's approval ofa specihc item shall not indicale approval ofan asscmbly of u'hich the item is a component. ! 3.6.4.3 Ifthe Contract Docunrents specifically requirc thc Construc(ion Manager to provide professional dcsign serviccs or certifications by a design professional relaled to syste,ns, matcrials or equipment, the Architect shall specify the appropriate performance and design critcria that such scrvices musl satisfy. The Architect shall rcvicrv shop drawings and olher submittals related to the Work designed or certified by the design professional retained by the Construction Manager that bear such professional's seal and signature rvhen submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeress ofthe services. ccrtificatiors ar1d approvals perfomred or provided by such design profcssionals. S 3.6.4.4 Subject to the provisious of Section 4.3. the Arcbitect shall revierv and respond to requests for information about the Contract Documents. The Architect shall set fodh in thc Contract Documents the requirements for rcquests for information. Requests for informatioo shall include, at a minimum, a detailed rwitten statemcot that indicates thc spccific Dratvings or Specilications in nccd ofclarification and lhc naturc oflhe clarification requcstcd. Thc Architect's response to such requests shall be made in writing within arly time timits agreed upon, or otherwisc u.ith rcasonable promptness. Ifappropriate, the Architect shall prepare and issue supplemental Drau.ings and Specilications in response to requests {br intirnnation. ! 3.6.4.5 The erchitect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in acconlance with the requirements ofthe Contract Documents. S 3,6.5 Changos in tho Work $ 3.6'5.1 The Architect may authorize minor changes in thc Work that are consistent with the iDtent ofthe Contract Documents and do not involve an adjustment in the Contract Sum or an extension ofthe Contract Time. Subjcct tq the provisions ofSection 4.3, the Architect shall preparc Change Orders and Construction Change Dircctives for thc Owner's approval and executioa in accordance rvith the Contract Documents_ ! 3,6.5.2 The Architect shall maintain records relative to changes in the Work. S 3.6.6 Project Completion. NOT INCLU0E0 lN CONTRACT 0R FEE ! 3.6.6.'l The Architect shall conduct inspections to determine the date or dates of Substantial Completion and rhc date of final completion; issue Certificates of Substantial Completion; receive from the Construction Manager and fonvard to the Owner, for the Owner's review and records, uritten warranties and related documents required by the Contract Documents and assembled by the Construction Manager; and issuc a final Certificate for Payrnent based upon a final inspection indicating the work complies rvith the requirements ofthe contnct Documents. $ 3.6.6.2 The Architect's inspections shall be conducled with the Orvner to check conformance ofthe Work with the requirements ofthe Contract Documents and to verify the accuracy and completeness ofthe list submitted by the Construction Manager of Work to be completed or corrected. $ 3'6,6.3 When the Work is found to be substantially complete, the Architect shall inform the owncr about thc balance ofthe Contract Sum remaining to be paid the Construction Manager, including the amount to bc retained from thc Contract Sum, ifany, for final complction or corrcction ofthc Work. ! 3.6.6.4 The Architect shall forltard to the Ou'ner the following information received from the Construction Manager: ( I ) consent ofsurety or sureties, ifany, to reduction in or partial release ofrctainage or the making of final lnit.Al,A Oocum.nt B13r -2014. Copyight@ 2014 by The Amadcan tnslM€ ol &cfi ects. AI dd by U.S. Copy,ighl t aw and lnr.halional Tr.aries. Uoaurhorizod r.production or aisrriOutiil severe ciyil and criminal penahies, and witt be prosecuted to the maximum extent possibte el'17.51:47 on 1211U2A17 under Order No. 6a67t489go u,hich oxpies on iU31/2oig, a;d is noilJser Notaa: hra rc...vsd. WARNING: This AtA! Document ls protoctod n ofthis AlAe Docum.at, or any portion of [, may rssutt ln undar the law. This doq,rm€dt was produc€d by AtA soltyverg (3B9ADA38) 1',| paymcnt; (2) affidavits, rcceipts, releases and u'aivers of liens or bonds indemnifying the Olvner agaiost liens; and (3) any other docurnentation required ofthe Construction Manager undcr lhe Contract Documents. $ 3,6,6.5 Upon request ofthe Owner, and prior to the expiration ofone year from the date ofSubstantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to revieu'the facility opcrations and performance. ARTICLE 4 ADDITIONAL SERVICES $ 4.1 Additional Sewices listed bclow are not includcd in Basic Services but may be required for the Project. The Architeci shall provide the listed Additional Services only ifspecifically designated in the tablc below as the Architcct's responsibility, and the Owner shall compcnsate the Archirect as provided in Section I 1.2. (Desigtwle the Additional Senices the Architect shall provide ih the second col ntr of the toble helow. Inthethird column indicqle vhether lhe service description is locatcd in Section 4.2 or in qn attached exhibit. Il in an cxhibit, identifr' the exhibit.) Services Responsibility (Arthitect, Location of Service Description (Section 4.2 beloh,or in an exhibit attached to this doauneht and identi lied beloy ) $ 4.1.'1 Assistance with sclection ofthe Construction Managcr Architect per Exhibit A $ 4.1.2 Programmiug (B202IL2009)Architect per Exhibit A $ 4.1,3 Muhiple preliminary desigrs $ 4.1.4 Measured drarvings NP $ 4.1,5 Existing facilities surveys \P $ tl,'|.6 Site Evaluation and Planning (B203rM-2007)\? NP ! 4.1.8 Civil cngineering \P ! 4.'1.9 Landscapc design \P $4.1.'10 Architectural loterior Design (B252rM 2OO7\\? $ 4.,l.11 Va)uc Analysis (B204rr,-2007)NP $ 4.1.12 Detailed cost cstimating \? ! 4.1.13 On-sitc project rcpresentatior (B207nL2008)NP $ 4,1.14 Conlbrmed construction documents ^'-P $ 4.1,15 As-Dcsigned Record drarvings NP $ 4.1.16 As-Constructed Record drarvings NP ! 4.1.,l7 Post occupaocy evaluation NP $ 4,1.18 Facility Support Sen'ices (B2 l0rir-2007)NP $ 4.1.'19 Tcnant-rclatcd scrviccs NP $ 4.1.20 Coordination ofOwIrer's consultants \P $ 4.1.2'l Telecommunications/data design \P $ 4.1,22 Security Evaluation and Planning (B206r'\t-2007)NP $ 4.1.23 Commissioning (B2l lrir-2007)NP S 4.1.24 Extensive sustainable design services NP S 4.1.25 LEEDE Certification (B214ru2012)NP $ 4.1.26 I listoric Preservation (l]205rM-2007)NP lnit.AlA Document Bl33r - 201,1. Copyrighl O 2014 by Tho American lnslhne of Ar.iiiscls, All rlght3 re.erv.d. waRNtNG: This AtA! oocumonr is protected by u.S CoPyright Law and lnlernalional Tr€6ties. U nau thorized ..production or distribulio n of I h is AIA€ Docum e n l, or a ny portion ol it, may resu lt in severe civiland criminalpenalties, and willbe prosecuted to the maximum extent possible underthe law. This doqrmenl was producod byAlA solrware .117:51t47 on 1211812017 under Order No. 6867148990 which expires on 10/312018, sfid is not for ressl6. U3er Noler: (3B9ADA3B) 12 NP $ 4.1.7 Building Tnformation Modeling (E203rM-2013) $ 4.1.27 Furniturc, Furnishings, and Equipnrent Design 82531M 2007) NP 4. | .28 Entitlemcnts Architect per Exhibit A $ 4J Inscrt a description oleach Additional Service designated in Scction 4.1 as the Architect's responsibility, ifnot further described in an cxhibit anached to this documcnt. $ 4'3 Additional Services may be provided after cxecution ofthis Ageement, without invalidating the Agreement. Except for services required due to the fault ofthe Architefi, any Additional Services provided in accordance rvith this Section 4.3 shall entitle the Architect to compensation pursuant to Section I l 3 and an appropriate adjustment io the Architect's schedule. ! 4.3.1 Upon recognizing the necd to perform the follo\r'ing Additional Services, the Architect shall notit, the Owrcr !"ith reasonable promptless and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following seniccs until the Archilect receives the Owner's u'ritten authorizarion:.1 Services necessitated by a change in the Initial Idormation, previous instructions or recommendations given by the Construction Managcr or the Orvner, approvals given by the Oivner, or a ma(erial change in the Project including, but not limited to, size, quality, complexity, the Orvner's schedule or budget for Cost ofthe Work, or bid packages in addition to those listed in Section | . | .6i.2 Making rcvisions in Drawings, Spccifications, or other documcnts (as rcquircd pursuant to Scction 6,7), when such rcvisions are required because the Constmction Manager's estimate ofthe Cost ofthc Work, Guarantecd Maximum Price proposal, or Control Estimate exceeds the Ou'ner's budget, cxcept rvhere such excess is due to changes initiated by the Architect in scope, capacities ofbasic systems, or the kinds and quality ofmaterials, finishes, or equipment; '3 Services necessitated by the Owner's request for extensive sustainable design altematives, such as unique system designs, in-depth rnatcrial research, energy modeling, or LEEDO cedificatiol;.4 Changing or ediling previously prepared lnstruments of Service necessitated by the enactment or rcvision ofcodcs, laws or rcgulations. or official interpretations;.5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part ofthg Owner or the Owner's consultants or contlactors; .6 Preparing digital data for transmission to the Owner's coDsultants and contractors, or to other Owner authorized recipientsl .7 Preparation of design and documentatioD for altemate bid or proposal requests proposed by the Owner or Coustruction Manager; 3 Preparation for, and attendance at, a public presentation, meeting or hearing:.9 Preparation for, and anendance at a dispute resolution proceeding or legal proceeding, exccpt \vhere the Architect is party rhercto; .'10 Evaluation ofthe qualifications ofbidders or persons providing proposals; .'l'l Consultatioo conceming replaccment of Work resulting ftom fire or other cause during construction; ,12 Assistance to the lnitial Decision Maker, if other lhan the Archirect; '13 Services necessitated by replacement ofthe Construction Manager or conve$ion ofthe Construction Mallager as construfior project delivery m€thod to an alternative project delivery method: .'14 Services necessitated by the Ov/nq's delay in engaging the Construction Manager; and.15 Making revisions in l)rarvings, Specifications, and other documents resulting from substitutions included in the agreed to assumptiorc and clarifications contained in the Guaranteed Maximum Price Amendment or Contrcl Estimate. $ tl'3'2 To avoid delay in the Construction Phasc, the Architcct shall provide the follou ing Additional Serviccs, nodry the Owtrer with rcasonablc promptness, and explain the facts and circumstances giving dse to thc need. Ifthe C)wner subsequcntly determiles that all or parts ofthose services are not required, the Owner shall give prompt written lotice to the Architect, and the Orvner shall have uo further obligation to compensate the Architect foi those services: - NOT INCLUDED IN CONTRACT OR FEE lnit Ala Documonl Bl33E - 2014. copynghl o 2014 by Th€ Amsican lnslftut€ of Ardtit€cls. aI rtghts ro.erved, WARN|NG: Thisbv lJ.s. coPvrighl Law 5nd lnlornalionalTroati.s. Unauthoriz.d reproduction or disniburio-n ofthis AtAe Documsnr, or asevere civiland criminal penalties, and will be prosecuted to lhe ;aximum e)(tent possibte uncter lhe taw. This documentai17,5147 on 1211U2A17 und6r Orde. No. 6867148990 which expires on 1O/31/2018, and is nor for r€sate. User Noi*: AlAr Oocumsnt is prot€clod ny portion of it, may r6sult in was prcduced by AIA sottwarc (3B9ADA38) 13 .1 Revierving a Construction Manager's submital out ofsequence from the submittal schedule agreed to by the Architect: .2 Responding to the Construction Manager's requests for information that arc not prepared in accordance with the Contract Documenls or rvhere such information is availablc to the Construction Manager from a careful study and comparison ofthe Contract Documents, field conditions, other Owngr- provided information. Collstruction Manager-prepared coordination drarvings. or prior Project correspondence or docurncntation;.3 Preparing Change Orders. and Colstruction Change Directives that require evaluation ofthe Construction Manager's proposals and suppoting data, or the preparation or revision oflnstruments ofService; .4 Evaluating an extensive numbcr ofClaims as the Initial Decision Makcr;,5 Evaluating substinrtions proposed by the O\rrler or Construction Managcr and making subsequent revisioDs to Insfuments ofServica resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Servicss 60 days after (l) the datc of Substantial Completion ofthe Work or (2) the alticipated date of Substa[tial Completion, identified in Initial Information, uhichever is earlier. $ 4.3.3 The Architect shall provide Construction Phase Sen'ices exceeding the limits set forth betow as Additional Services. When the limits below are reached, the Architect shall notify the Orvner: - NOT INCLUDED IN CONTRACT OF FEE .1 ( ) reviews of each Shop Drawing, Product Data item, samplc and similar submittals of the Construction Manager .2 ( ) visits to the siae by the Architect over the duration of the Project during colstruction .3 ( ) inspections for any portion of the Work to determine whether such portion of the Work is substaltially complete in accordance with the requirements ofthe Contract Documents,4 ( ) inspections for any portion of the Work to determine final completion ! 4.3.4Ifthe sen'ices covered by this Agreemcnt have not been completed within hvelve ( l2 ) months of the date ofthis Agreement, through no fault ofthe Architect, extension ofthe Architect's services beyond that time shall bc compensated as AdditioDal Services. ARNCLE 5 OWNER'S RESPONSIBIUTIES $ 5.1 Unless otheru'ise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on (he Project. including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria. including space requirernents and relationships, flexibility, expa[dability, special equipmeDt, systcnrs aud sitc requirements. Within l5 days after receipt ofa \witten request fiom the Architect, the Owner shall fimish the requestcd informatioD as necessary aDd relevaot for the Architect to evaluate, give notice ofor enforce lien rights. $ 5.2 The Ouner shall retain a Construction Manager to provide services, dutics, and responsibitities as described in the agreement selected in Section 1.1.5. $ 5.3 The Ou'ner shall fumish the services of a Constructiotr Manager that shall be responsible for creating the ovcrall Project schedule. The orvner shall adjust the Project schedule, ifnecessary, as the project proceeds. ! 5,4 Thc Ou'ner shall establish and pcriodically updatc the Ovncr's budgct for thc Projcct. including (l) rhe budgct for the cost ofthe work as defined in secrion 6.1; (2) the owner's other costs; and, (3) reasonable c;ningencies related to all ofthese costs. The Owner shall fumish the services ofa Construction Manager that shall be responsible for preparing all estimates ofthe Cost ofthe Work. Ifthe Ou.lter significantly increases or decreases the Owner's budget for the Cost ofthe Work, the Orvner shall notify the Architect. The Owner and the Archi(ect shall thereafter agree to a coresponding change in the budget for the cost ofthe work or in the project's scope and quality. $ 5.4.1 The Owner acknowledges that accelerated. phased or fast-track scheduling provides a benefit, but also carries with it associated sks. Such risks include the O*'ner incurring costs for the Architect to coordinate and redesign portions ofthe Project affected by procuring or installing elemerts ofthe ProJect p or to the completion ofall relevant Construction Documents. and costs for the Construction Manager to remove and replace previously AIA Oocum.nt B'133 by U.S. Copyright Law - zlo14. copynghto20l4 by Th€ Am€ican tnstinJlg of tuchitscts. All righls ro$rved. WARNING: Ihrs AIA' Oocument rs proreclcdand lnternalional Tr€ati.s. Unauthorized r.prodocrion oi disrri n ofthls AlA. Docum.nt, or any portion of lt, may rosutr ihsevere ciyil and criminal penahies, and wi be prosecurcd to th€ ;aximum extent under lhe law. This docrm€nr was produc€d byAtA soflvrare for res.lEat 17:5'l:47 on l2l18l2017 unde, Order No. 6867140990 which epires on 10/3tZOt8, (3B9ADA38) 14 lnil. installed Work. Ifthe Ou'ncr selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. $5.5 The Owner shall identify a representative authorized to act on the Owner's behalfrvith respect to the project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid urueasoDablc delay in the ordsrly and sequertial progress ofthe Architect's scrvices. $ 5.6 The Owner shall fumish surveys to dcscribe physical charactcristics, legal limitations and utility locations for the site ofthc Projcct. and a rwitten legal description ofthe site. Thc suneys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining properry and structures; designated wetlands; adjacent drainage; rights-of-way, restriclions, easements, encroachments, zoning, deed restrictions, boundaries and contours ofthe site: locations, dimensions and necessary data with respect to exisring buildings, other improvements 8nd trees; and information concemiDg available utility services and lines, both public and pri;are, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. $ 5.7 The Ou'ner shall fumish services ofgeotechnical engineers, which may include but are not limited to test borings, test pits, deten:rinations ofsoil bearing values, percolation lests, evaluations ofhazardous materials, seismic evalualion, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil coDditions. rvith nrilten teports and appropriate recorDmendatiotrs. $ 5.8 The Owner shall coordinate the services ofits own consultants with those services provided by the Architect. Upon the Architect's request, the Orvner shall flrmish copies ofthe scope ofservices in thc contBcts bena'cen the Owner and thc Owner's coDsultants. The Owner shall fumish the services ofconsultants other than those dcsignated in this Agreement, or authorize the Architect to fumish them as ao Additional Service, when the Architect requests such serviccs and dcmotrstratcs that thcy are rcasonably rcquircd by thc scopc ofthe Projcct. Thc Owner shali require lhat its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. ! 5.9 Thc O*'ner shall fumish tcsts, inspcclions and reports rcquircd by lall or the Contract Documcnls, such as structual, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. $ 5.10 The Owner shall fumish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any lime for the Project to meet the Owner's needs and interests. $ 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware ofany fault or defecl in the Project, including errors, omissions or inconsisteniies in the Architect's Instruments of Sewice . ! 5.12 The Owner shall contemPoraneously provide the Architect with any communications provided to the Construction Manager about matters a sing out ofor relatiug to thc CoDtract Documents. Commuuications by and with the Architect's consultants shall be through the Architect. $ 5'13 Beforc executing the Contract for Coostruction, the Owner shall coordinate the Architect's duties and rcsponsibilities set forth i[ the Coltract for Corstruction with the Architect's services sct forth ill this Agrcement The Owner shall provide the Architecr a copy ofthe executed agreement between the owner and Coustrirction Manager, including the General Conditions ofthe Contract for Constructiorr. $ 5-14 The Ou ner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work u.herever it is in prepalation or progress. ARTICI,T 6 COST OF THE WORK $-6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements ofahe Projecl designed or specified by the Architect and shall include the Construction Managers' general coDditions costs, overhead' and profit. The Cost ofthe work does not include the compensation of the i.r.t ii"a. 1,"compensation ofthe Construction Manager for Preconstruction Phase services, the cosis ofthe land, rigf,tr-"f-*"y,financing' contingencies for changes in the work or other costs that are the responsibility ofthe ou nei AIA Oocumeni 8133n - 2011. Copyright@ 2014 by Tne America n tnstitule of Arch lects , All righl3 r6s€rved, $/by U.S. Copyright Law and lnlernational T16aties. Unaurho.ized roprodu ar penalties. and witl be prosecuted ro th€ marim ARNING: Ihls AlAr Document Is protectedction ordiskibulion otthis AlAo D €nl, or any portlon of it, may r6sul inum extent possibte underthe taw. This docum€nt rvas produced by AIA sottware sev€re civiland crimin al 17:51:47 on 12l1U2O lnit. 17 under Order No.6857.t48990 which expires on 1 0/312018, and rs not lorresale. (3B9ADA38) 15 $ 6.2 The Ou ner's budgct lor thc Cost ofthe Work is provided in the lnitial lnfonnation, and may be adjusted throughout the Projecl as required under Sections 5.4 and 6.4. tsvaluations ofthe Ownet's budget for the Cost ofthe Work represent the Architecl's judgrnent as a design professional. $ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design. bidding or negotiating. pricc cscalation. and market conditions in estimatcs ofthe Cost ofthc Work. Thc Architect shall be entitled to rcly on the accuracy and completeness ofcstimates ofthe Cost ofthc Work the Construction Manager prepares as the Architect progresses u ith its Basic Scrvices. The Architcct shall prcpare, as an Additional Scrvicc, revisions to the Drawings, Specifications or other documcnts rcquired due to the Construction Manager's inaccutacies or incompleteness in preparing cost estimates. Thc Architect may rcvicw thc ConstructioD Manager's estimates solely for the Archilect's guidancc in completion ofits services, horvever, the Architecl shall rcport to the Owner any material inaccuracies and inconsistencies noted duing any such revieu. S 6.3.1 lfthe Architect is providing detailed cos( estimatilg services as an Additional Scrvice, and a discrepancy exists between the Constnrction Manager's cost cstimates and the Architect's cost estimates, the Architect shall work cooperatively with the Construction Manager to conform the cost estimates to one another. ! 6.3.2 Subject to Sec(ion 4.3, iflhe Ouner engagcs a Cost Consultant and a discrepancy exists between thc Construction Manager's estimate and the Cost Consullant's eslimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to conform the estimates to one aoother. $ 6.tl lt prior to the conclusion ofthe Desigu Developmcnt Phasc. thc Co[struction Manager's cstimate ofthe Cost ofthc Work exceeds the Orvtrer's budget for the Cost ofthe Work. the Architect, in consultation rvith the Conskuction Manager, shall makc appropriatc rccommcndations to thc Owncr to adjust thc Projcct's sizc. qualiq or budget, and the Owner shall coopentc with thc Architect in making such adjustments. $ 6,5Ifthe Construction Manager's estimate ofthe Cost ofthe Work at the conclusion ofthe Design Development Phasccxcceds the O*ner's budgct for thc Cost ofthc Work, thc Owncr shall .1 give written approyal ofan increase in the budget for the Cosl ofthe Work; 2 in consultation with the Architect and ConstructioD Manager. revise the Project program, scope. or quality as required to reduce the Cost ofthe Work; or .3 implement any other mutually acceptable altemative. $ 6.6 Ifthe Owner chooses to proceed under Section 6.5.2. the Architect, without additional compcnsation, shall incorpolate the required modifications in thc Construction Documents Phasc as necessary to comply rvith the Owner's budget for the Cost ofthe Work at the conclusion ofthe Dcsign Development Phasc Services. or the budget as adjusted under Scction 5.5.1. The Architect's modification ofthe Construction Documents shall be the limit of tte Architect's responsibility as a Basic Service under this Anicle 6. ! 6.7 After incorporation ofmodifications under Section 6.6, the Architcct shall, as an Addilional Serr,ice. make any requircd rcvisions to the Drawings, Spccifications or othcr documcnts ncccssitatcd by thc Construction Managcr's subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget for lhe Cost ofthe Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of mate als, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES $ 7.1 The Architect and the Owner u arralt that in transmitting Instruments of Service, or any other infomration, the traNmitting party is the copyright owner ofsuch infbrmation or has permission tiom the copyright owner to transmit such information for its usc on thc Prcjcct. Ifthc O\vncr and Architcct intcnd to transmit lnstrumcnts of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols goveming such transmissions. S 7.2 The Architect and the Architecl's consultants shall be deemed the authors and owners oftheir respective Instruments ofServicc, including the Drawings and Specifications, and shall retain allcommon law, statutory and other reserved rights, including copyrights. Submission or dist bution of Instruments of Seryice to meet official lnit. 16 AIA Document 8133 - 2014. Copyright @ 2014 by Th€ American lnslllulo of Archltects. All rlghlt r.3erved, WARNING: This AlAl Documont is protected by u.S. Copyright Law and lnternationalTreatiss. Unautho.ized.eproduction or distribllion oflhis AtAo Docum€nl, or any portion ol it, may result in severe civiland criminal penalties. and will be prosecuted to lhe maximum extent possible underthe law. This docum6ntwas produc€d byAlA softwarc al'17:51:47 on 1211812017 under Order No. 5867148990 which 6xplres on 10/31/2018, and b not for resale. lJser Not€!: (3B9ADA38) regulatory rcquircmenls or for similar purposcs in conncction with the Projcct is not to be construed as publication in derogation ofthe rescrved rights ofthe Archirect and the Architect's consullants. $ 7.3 Upon execution ofthis Agreement, the Architect grants to the Ouner a nonexclusive license 1o use the Architect's Instruments ofService solely and exclusively for purposes ofconstructing. using. rnaintaining. altering aud adding to the Projcct. provided that the Owner substantially pcrforms its obligations. includilg prompt payment ofall sums wlrcn duc, under this Agreement. The Architect shall obtain similar noncxclusive Iiccnses from the Architcct's consultants consisterl with this Agreemcrrt. Thc licensc granted under this scction permits the C)wner to authorize thc Construction Manager, Subcontracto$, Sub-subcontractors, and material or equipment supplicrs, as u'ell as the Ou ncr's consultants and separale conhactors, to reproduce applicable portions ofthc Instruments of Service solcly and exclusively for use in performing scrr,ices or construction for the Projcct. Ifthe Architecl rightfutly teminates this Agreement for cause as provided in Section 9.4, thc lic€nsc grantcd in this Section 7.3 shall terminate. $ 7.3.1 ln the evcnt the Owner uses the Instrunrents ofService rrithout retaining the authors ofthc Instrurrrents of Service, the Owner releases the Archilect and Architect's consultant(s) liom all clairns and causcs ofaction arising froln such uses. The Owner, to the sxtent permitled by law, furlher agees to indemnify and hold hannless the Architecl and its consultants ftom all costs and experses, including the cost ofdefeDse. related to claims and causes ofaction asserted by auy third person or entity to the extent such costs and expenses arisc from the Owncr's use of the Instruments of Service under this Section 7.3. L Thc tems of this Section 7.3.1 shall not apply if the Owrer rightfully terminates this Agreemcnt for cause under Scction 9.4. $ 7.4 Except for the licenses grantcrl in this Article 7, no other license or right shall bc dcemcd granted or implied undcr this Agreement. The Owner shall not assign, delegate, sublicense, pledge or othc$ ise transfer any license grantcd hcrein to anothcr pafiy without thc prior rvrittcn agrccmcnt ofthc Architcct. Any unaulhorized usc ofthc Instruments ofService shall be at the Owner's sole sk and without liabilit.,/ ro the Architect and the Architect's consultants. ARTICLE 8 GLAIITIS AI{O DISPUIES $ 8.,l General $ 8.1,1 The Owncr aud Architect shall cornmcnce all claims and causes ofa!-tion, whether in contract. tort. or otherwise, against the other arising out ofor related to this Agreemcnt in accordance with the rcquirements ofthe mcthod ofbinding disputc rcsolution selectcd in this Agrcemcnt $ ithin thc pcriod spccificd by applicablc law, but in any case not more than l0 years after the date ofSubstantial Completion ofthe Work. The Owncr and Architect waive all claims and causes ofaction not commenced in accordance with this Sectiotr 8.1.1. $ 8.1.2 To the extent damages are covered by property insurancc, the O\wer and Architect waive all rights against each other and against thc contBctors, consullants, agcnts and employees ofthe other for damagcs. except such rights as they may have to the proceeds of such insurance as set fonh in AIA Document A20l 2007, General Conditions ofthe contract for construction. The owner or the Architect, as appropriate, shall require ofthe Construction Managet, contmctors, consultants, agents and employees ofany ofthem similar rvaivers in favor ofthe other parties enumerakd herein. $ 8.'l'3 The Architect shall indemnily and hold the O*'ner and the Owner's officers and employees harmless from and against damages, losses andjudgments arising from claims by third panies. including reasonable attomeys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the ncgligenr act oi omissions ofthe Architect. its employees aod its consultants in the performance ofprofessionaliervices under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. $ 8.1.4 The fuchitect and Owner u'aive consequential damages for claims, disputes or other matters in question arising out ofor relating to this Agreemenl. This mutual waiver is applicable. rvithout limiratioo, ro all aonsequential damages due to either party's termination 01'this Agreement, except as specificauy provided in section 9.?. $ 8,2 Mediation $ 8'2.1 Any claim, dispute or other matler in question arising out ofor related to this Agreement shall be subiect to mediation as a condition precedent to binding dispute resolution. lfsuch matter relates ro or is the subject oia len AIA Oocumom B133t - 2014. Copynght O 2014 by Tis Am€rican lnstltuls of tuchirects. all dchtr r$€rv.d. WARNTNG: I hrsby U.S Copyright I aw and lnl6,nalional Trsaties. Unaurhorizcd ,€production or disrributi;n of lhis AtA' Docum€nt, or a severe civiland cnminalpenalties, and willbe prosecuted lo the maximum extent possible unde.th€ taw. This document al17t51:47 on 121A2A17 under Order No. 6867'148990 which €xpires on 1Ol31/2018. and is nol for rcsate. AIA! Oocument ii prot€cled ny porlion of it, may result in lyas produc€d by AIA sotbnare lnit. (3BgAD438) 17 arising out ofthc Architect's senices, tho Architect may proceed in accordance with applicablc law to comply with the lien notice or filing deadlines prior to resolution ofthe matter by mediation or by binding dispute resolution. $ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in queslion between them by mediation which. unless the parties mutually agree otherwise, shall be administered by the An.rerican Arbitration Association in accordance with its CoDshlction Industry Mediation Procedurcs in effect on the datc of the Agreement. A rcquest for mediatioD shall be rnade in $riting, delivered to the other party to the Agreemelrt, and filed * ith the person or entity administering the mediation. Thc request may be made concu[ently with the filing of a complaint or othcr approptiate demand for binding disputc rcsolution but, in such cvcnt, mediation shall proceed in advancc ofbinding disputc resolution proceedings, $'hich shall be stayed pcnding mediation for a pcriod of60 days from the date offiling, unless stayed for a longer period by agrcement ofthe parties or court order. Ifan arbitmtion procccding is stayed pursuant to this section, thc parties may nonethelcss proceed 1o the selection ofthe arbilrato(s) and agree upon a schedule fbr latcr proceedings. $ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. Thc mediation shall be held in the place wherc the Projecl is located, unless another location is mutually agreed upon. Agrccments reached in mediation shall be enforceable as settlement agreements in any court having j urisdiction thereol $ 8,2.4lfthe parties do not resolve a dispute through mediation pursuanl to this Section 8.2, the method ofbinding dispute resolution shatl be the following: (Check the appropriate box. If the Owner and Architecl do not select a dethod ofbinding dispute resolution belov, or do not sttbsequentb' agrce ih trriting to a binding dispute resolution method olher that litigation, the dispute will be resolyed in u court of competent irisdiction.) [ ] Arbitration pursuant to Scction 8.3 ofthis Agrccmcnt IX ] Litigation in a court of competent judsdiction I I Othe( (Specifi,) | @arog,.rphs Deleted) ARTICLE 9 TER IINATION OR SUSPENSION $ 9.1 lf the Owner fails to mnke paymenls to the Architect in accordance rvith this Agrcement, such failure shall be considered substantial nonperlbrmance and cause tbr tennination or, at thc Architect's option, cause lbr suspension ofpcrformance of scrvices under this Agrccment. Ifthc Architect clccts to suspend scrviccs, the Architcct shall gi!c seven days' written notice to the Ou'ner before suspending sewices. In the event ofa suspension of services, the Architecl shall have no liability to the Owner for delay or damage caused the Orvner because ofsuch suspension of services. Before resuming services. the Architect shall be paid all sums due prior to suspension and any expenses incurred in the intenuption ard resumption ofthe Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. $ 9'2 Ifthe Owner suspends the Project, thc Architect shalt be compensated for services performed prior to notice of such susp9nsion. Whcn the Projcct is resumcd, thc Architcct shall be compcnsated for cxpcnses incurrcd in thc interruption and rcsumption ofthe Architect's services. The Architect's fees for the remaining senices and the time schedules shall be equitably adjusted. $ 9.3 Ifthe owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days, written notice. $ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms ofthis Agreement through no fault ofthe party initiating the termination. alA Documont B't33 -2014. Copyrighl o 20 14 by The Am€rican tnslhute ofrfchitects. a[ rtghts ro3erv6d. WARNINGby U.s. coPyrig hl Law an d lnte rnalion al Treaties. U nauthoriz€d raproduction or djstributi; of rh is AtA€ Documenrsevere civiland criminatpenatties, and wi be p.osecuted to the maximum extent possibte underthe taw. This docuat 17i51:47 on 1211912A17 under Order No. 6867148990 which expires on 1O/3i2018, and is not for resate.Us€r Nolcs: This AIA! Document is protocted , orany portion of it, may result in ment was prcduced by AIA software (3B9ADA38) lnit. 't8 $ 9.5 The Ou'ner may terminate this Agreement upon not less than sevcn days' written notice to thc Architect for the Owner's conveniencc and without cause. $ 9.6 In the event oftennination not thc fault ofthe Architect, the Architect shall be compensated lbr serviccs performed prior to terminalion, together with Reimbursable Expenses then due and all Tennination Expenses as defined in Section 9.7. ! 9.7 Tenrination Expenses are in addition to compensation for lhe Architect's services and include expenses directly attributable to termination for which the Architect is not othenvise compcnsated, plus an amount for the Arahitect's anticipatcd profit on the valuc ofthe seryices rot perfonned by the Architect. $ 9,8 The Ouner's rights to use thc Architect's Instrumcnts of Service in the eyent of a tennination ofthis Agreement are set forth in Article 7 and Section I1.9. ARTICLE 1O MISCELLANEOUS PROVISIONS $ 10.1 This Agreement shall be govemed by the law oflhe place whcre the Prcject is locatcd, except that ifthe parties have selected arbitration as the method ofbinding dispute resolution, the Federal Aftitmtion Act shall govem Secdon 8.3. $ 10.2 Tenns in this Agrcement shall have the sanre meaning as those ir AIA Docunrent A20l 2007, General Conditions ofthc Contract for Construction, cxcept as modificd in this Aglccmcnt. The tenn "Contractor" as uscd in A201-2007 shall mean the Consbuction Manager. $'10.3 The Owner and Architect, respectively, bind themselves. their agents, successors, assigns and legal represeltatives to this Agreement. Neither the Owner nor the Architect shall assigo this Ageement without the written consent ofthe other, excapt that the Owner may assign this Agrecmcnt to a lender providing financing for the Project ifthe lender agrees to assume the Owner's rights and obligations under this A$eement. $ 10.4Ifthe Owner rcquests the Architact to executc ccrtificates. the proposcd language ofsuch ccrtificates shall bc submitted to the Architecl for revierv at least 14 days prior to the requested dates ofexecution. Ifthe Owncr requests the Architect to execute cor$ents reasonably required to facilitate assignment to a lender, the Architect shall exccute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for revie$' at least 14 days pdor to execution. The Architect shall not be required to cxecute certificates or cotrsents that \a'ould require knowledge, senices or responsibilities beyond the scope ofthis Agrecment. $ 10.5 Nothing contained in this Agreement shall create a contractual rclationship with or a cause ofaction in favor ofa third party against either the Owrer or Architect. $ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for 111e discovery, prcsence, handling, removal or disposal oll or exposure ofpersons to, hazardous rnaterials or toxic substances in any form at the Project site. $ 10'7 1he Architect sball have the right to i[clude photographic or anistic representations ofthe design ofthe Project among the Architect's promotional ard professional mate als. The Architect shall be giveu reasonable access to the completed Project to make such representations. However, the Architect's materials shall not itrclude the Orvner's confidential or proprietary information ifthe Ourer has previously advised the Architect in writing of the specific information considered b1' the orlner to be colfidential or propdetary. The ou.ner shall provide professional credit for the Architect in the Owner's promotiolal materials for the project. $ 10.8 Ifthc Architect or O\rner rcccives information spccifically designated by thc other party as "confidcntial" or "business proprietary," the receiving party shall keep such information st ctly confidential and shall not disclosc it to any other percon except to (l) its employees, (2) those who need to knorv the cortent ofsuch informalion in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use ofconfidential infonnation. lnil.Al,A Docum.nt 8133D - 2014. Copyright @ 2014 by Tt€ Amencan tnstirule ot Archirects. AI rioby U.S. Copyrighi Law and lnternational Tredties. unauthori"ed reproduclion or dislriburi; severe civil and criminal penatties, and wi be prosecuted to the ;aximum extent possibte al17i51:47 on 1211812A17 under Order No. 6867148990 which expires on t0/312010, and is not hts rssorved. WARNING: Ihis AtAs Document is prorectoct n ofrhis AIA€ Documenr, or any porrion ofjt, may resutt in under the law. This document was produced by A,A software lor rcsale. (3B9ADA38) 19 ARTICLE 11 COiIPENSATION $ 'l'1.'l For the Architect's Basic Services described under Article 3, the Owner shall compensate th€ Architect as follows: (Inse arnount of, or bosir for, compensation,) I As noted in L€tter ofProposal dated December 7, 2017 ard attached as Exhibit A. $ 11.2 For Additional Serviccs designated in Section 4.1, the Owner shall compensate the Architect as follolvs: (Insert amount o.t or bask.for, compensation. If hecessory, lisl specilic sen'ices to $'hich particular methods of compensation appl)'.) To be negotiated prior to the performance ofAddilional Services $ 11.3 For Additional Services that may arise during the course ofthe Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (lnsert omount of, or basisfor, compensotion.) To be rcgotiated prior to the pcrformance ofadditional seruices. $ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections I 1.2 or I 1.3, shall be the amouot invoiced to the Architect plus twelve percent ( 12 %), or as otherwise stated below: ! 11,5 Where compensation for Basic Serl ices is based on a stipulated sum or perceltage of the Cost ofthe Work. the compensation for each phase ofservices shall be as follorvs: NOT APPLICABLE Schematic Dcsign Phasc Design Development Phase Construction Documents Phasc Conslruction Phase Total Basic Compcnsation pcrcent ( perccnt ( percent ( percent ( onc hundred perceDt (100 %) The Owner acknowledges that with an accelerated Project dclivery, multiple bid package process. or Coustruction Manager as consEuctor project delivery method, the Architect may be providing its services in multiplc Phases simultaneously. Therefore, the Architect shall be pcrmitted to invoice monthly in proportion io services performcd in each Phase ofServices as appropriatc. $'11'6 When compensation is based on a percentage ofthe Cost ofthe work and any portions ofthe Project arc deletcd or othenvise not constructed, compensation for those portions ofthe Project shatl be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section I 1.5 bascd on (l) the Owner-accepted Guaranteed Maximurn Price Amendment or Control Estimate, as applicablc, or (2) ifthe Guaranteed Maximum Price proposal or Confol Estimate has not boen accepted by lhe O$.ner, the most recent estimate ofthe Cost ofthe Work prepared by the Constuuclion Manager for such portions of the Project. The Architcct shall be entitled to compensation in accordance with this Agrecment for all services performed whethcr or not tlrc CoNtruction Phase is commcnced. $ 11.7 The hourly billing rates for services ofthe Architect and the Architcct's consultarts, ifany, arc ser forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal revielv practices. (IJ'applicable, attach an exhibit ofhourly billing rates or inseft them belo*..) Per attached 2017 Billing Rates for Rice Fergus Miller, Exhibit B and Pivot Norrh Architects, Exhibit C Al,AOoclrm.Bl8133 -201/t. Copyright O 2014 by The Ahsrlcan lnsliM€ of Ardritects. All rlghL r...rv.d. WARNTNG:This AtA! Oocumenr is protected by U.S. C oPyrighl Law and lnte rnrlional T r6atios. u nauthoriz.d reproduction or d iskibution ot t h is AIA€ Docum€nt, or a ny porr ion of it, may resu tt in s€vere civiland criminal penalties, and will be prosecuted to the maximum extent possible underthe lau/. Thi3 doorment vvas produced byAtA sottwarc al l7:5'l:47 on 1211812017 rrnder Order No. 6867148990 which e&kes on 1C|/31/2018, and is not for resale. Uscr N6t.i: (3B9AOA38) lnit. 20 o/ot %) %) %\ Employee or Category Rate ($0.00) $ '11.8 Compensation for Reimbursable Expenses $ 11.8.1 Reimbursable ExpeDses arc iD addition to compensation for Basic and Additional Sen'ices and include expcnses incurred by the Architect aDd the Architect's consultants directly related to thc Project, as follows:.1 Transportation and authorized out-of-tou.n travel and subsistcnce;.2 Long distancc services, dedicated data and communication services, teleconfcrcnces. Prqect Web sites, and extrunets; .3 Fees paid for securing approval ofauthorities having jurisdiction over thc project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 '7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Orvner; | (Paragraph Deleted) .9 All laxes levied on professional services and on reimburable expenses; .'10 Site office expenses; and .'l 1 Other similar Projcct-rclatcd cxpcnditurcs. $ 'l'1.8'2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect aDd the Architect's consulta[ts plus ten perccnt ( 10 7o) ofthe expenses incurred. S 11'8.3Ifthe insurance requirements listed in Scction 2.6 exceed the types and limirs the Architect normally maintains and the Architect incurred additional costs to satisry such requirements, the Owner shall reimburie the Architect for such costs as set forth belo\r.: I Not Applicable. 0 11.9 Compensalion for Use ot Architecl's lnstrumenls ot Service lfthe Orvner terminates the Architect for its convenience under Section 9.5. or the Architect terminates this Agreement undcr Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architcct's Instruments ofService solely for purposes ofcompteting, using and maintaitring the Project as folloq's: I Not Applicable. ! 11.10 Payments to the Architect ! 11,10.1 An initial payment ofZero ($ 0.00 ) shall be made upon execution ofthis Agreement and is the minimum paymcnt undcr this Agesment. It shall bc creditcd to thc Ownfi's account in thc finallnvoicc. ! '11.10.2 Unless oaherwise agreed, payments lor services shall be made monthly in proportion to services performed. Payments are duc_ and payable upon presentalion of the Architect's invoice. Amounis unpaid sixty (60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereofar the legal rate prevailing from time to time at the principal place ofbusiness of the Architect.(lt6e rute ofrnonthb, or annual interest agreed upon.) Lcgal prcvailing rate. $ 11'10.3 The owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost ofchanges in the work unless the Architect agrees or has been found li;ble for tire amounts in a binding dispute resolution proceeding. ala Document 8133n - z)14. Copyright O 2014 by The Arherican tn$in t€ ol Ardlit€cts. AII rigard lnte rnationa I T16aties. Unaurhori2€d r6production or disrribuli; ARNING: This AIA! Document is protectodby u.S. copyright Law n oflhis AlA. O monl. or any portion of il, may rssutt tnsevere civiland crimin alpenalties, and willbe pro3ecuted ro the maximum crtent possible under lhe law. This documenl rvas produced by AIA sothxareat 17:51:17 on 12118120 lnit. 17 underOder No. 6867148990 which epires on .t0/3t ZOr 8. (3B9ADA38) 21 § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy (Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of $5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B133Tw-2014, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition (Paragraph Deleted) .2 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement) Exhibit A; Letter of Proposal dated December 1, 2017 Exhibit B; Rice Fergus Miller Billing Rates Exhibit C: Rice Fergus Miller Billing Rate This A ered into as of the ay ear first wri abov . OWNER (Si tall) HITECT (Si twe) ft �w► j V ✓ M ®`r Dave Fergus, Principal (Printed name and title) (Printed name and title) AIA Document B133' —2014. Copyright© 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected Inst. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in 22 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 17:51:47 on 12/18/2017 under Order No. 6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (3B9ADA38) Rrc{srgumtttER ARCHITECTURT NIERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 13601 371 -81 7 3 rf march.com December 7, zorT Division Ch ief Butterfie ld City of Meridian Fire Department 33 E. Broadway Ave. #zro Meridian, lD 83642 Re Meridian new Fire Station 5 RFM Project Number: zo:.7o7o.oo & 2or7La7.oo Dea r C h ief Butte rf ield, Rice Fergus Miller and Pivot North Architecture are excited as your Citiy moves forward to maintain and improve the fire and emergency services for your citizens. We are pleased to submit ou r proposal for the first steps to making your projects a reality. l. Project Description The Citiy of Meridia n has documented needs for new flre service facilities in growing areas of your Citys. Aconsortiumof Cities hasjoined and selected a rosterofarchitecturalteamsforuse invarious fire service projects. As Meridian and Caldwell have similar needs and timeline, it is desirable to design the projects more or less concurrently, taking advantage of common elements and standardization. Both cities have approximately z-acre sites on which to build new stations with z-3 apparatus bays based upon a program to be confirmed in the first phase. ll. Scope of Services Phase l: Concept Design and Entitlements The Project team for the first Phase consists of R FM, Pivot North Architecture, and The Land Group civil engineering and landscape architecture. For this initial Phase all meetings are proposed as joint meetings with the fire department building committees of Meridian and caldwell. on site meetingswill be held at Meridian or caldwell, as mutually agreed upon. Rice Fergus Miller (RFM) and Pivot North Architecture is pleased to present the following Letter of Proposal to provide professional architectural design and engineering services for a new fire station for the Citiy of Meridian. Letter of Proposal Cities of Meridian and Caldwell December 7, zorT Page 2 Once Schematic design begins, the unique features ofthe two individual site designs and neighborhood cha racter will render individua I meetings, hopefully on the same day, most efficient for the fire department buildinq committees. This first Phase consists of two Tasks: Task l: Program Verification/Concept Design Assistance with GCCM Selection: Review GCCM SOO's and attend one review meeting to discuss findings and recom me ndations. Workshop I RFM will prep and lead a two-day programming and operational analysis workshop in conjunction with Pivot North Architecture on site to review and confirm draft program elements based upon the concept plan already provided and developing floor and site plan bubble diagrams. This workshop will be held jointly with the planning teams from City of Meridian and City of Caldwell. Dayr: r/z-day tours of local fire stationsto review pros/cons, likes/dislikes. r/z day download from station tours, program verification, standardize building blocks Day z: r/z-day RFM/PNA work session to refine standard building blocks and start space planning :./2. -day review updated standard building blocks and first pass at site/space plann ing. Workshop ll RFM will prep and lead a one-day workshop in conjunction with Pivot North Architecture on site to review site and floor plan options and review concept exterior designs. This workshop will be followed by one round of revisions based on the discussion in order to issue concept documents to the selected GCCM for preliminary costing. WebEx Meeting PNA on site/RFM WebEx Review final concept site and floor plans, review final concept exterlor designs, review preliminary costs WebEx I\4eeting PNA on site /RFM WebEx One round of revtsions/updates based on comments regarding preliminary costs WebEx Meeting PNA on site/RFM WebEx Confirm any remainrng program questions and review concept site and floor pla n options for both sites. Letter of Proposa I Cities of Meridian and Caldwell December 7, zorT Page 3 Deliverables: Final space prog ram for two stations using common space plan ning building blocks, concept level site planning, floor plans, and exterior design, suitable for Conditional Use Permit applications for both sites. PNA will attend one process update meeting (Steering Committee or City Council) for Meridian to assist the Chiefs presentation and answer questions. Task ll: Entitlements Assist City of Meridian with preparation of documents a nd su bmittal to annex their site into the City of Meridian and re-zone. PNA to attend one City Council meeting for Annexation Approva l. Site survey of two sites, approximately 2 acres, documenting current topography, boundary, easements, and utilities. lll. OwnerResponsibilities It is our understanding that the Citiy of Meridian will provide full information, including setting fodh its design objectives, constraints and criteria; a legal description, and the services of soil engineers, hazardous materials surveyors, or other consultants when such services are deemed to be necessary. We are ready to begin u pon execution of a contact which is expected in December zorT; the flrst work shop will be scheduled at a mutually agreeable time early in January zor8. Task l: Program Verification/Concept Design is anticipated to be completed by the end of March u or8, including the costing exercise by the GCCM. Taskll: Entitlements: Thesubmission of documents for annexation can begin immediately, concurrent withTaskl. The submittalforthe CUP'swill begin at the completion of Task I and will follow the jurisdictional timelines for public review and comment. V. Compensation For the Services outlined above, compensation shall be computed on an hourly basis at our standard hourly rates, as attached, to a maximum sum of: Assist City of Meridian with prepa ration of documents and submittal for a Conditional Use Permit CU P). PNA to attend one Pre-application meeting, one public meeting for CUP/Zoning approval, and one CUP lzoning a pproval hearing. The Owner has already provided a concept sketch on which to base standardized building blocks. lV. Schedule Letter of Proposa I Cities of Meridian and Caldwell December 7, zorT Page 4 Task l: Concept Desig n Arch itectura I Civil Enoineerino $ 98,108 s q,o20 Total I ao7,a28 Concept Design services are proposed to be split 5o%/5o% between City of Meridian and City of Caldwell. City of Meridian Task I Concept Design Not to Exceed Hourly Site Surveys Survey - Meridian Site $ SJzo Task ll: Entitlements - Ivleridran Annexation and CUP Architectural $23,193 Civil Eno ineerino $ q.1?o 5u btotal $ 32,323 Reimbursable Expenses Allowance Consultant travel allowance to be invoiced at cost:$ 4,ooo Reimbu rsable expenses to be split 5o%/5o9r'0 between City of Meridian and City of Caldwell. City of Meridian Summary Not to Exceed: Concept Design Services $ :,o7,:.z8x 5oVo= $ 53,554 Survey - Meridran Site $ 5lzo Subtotal Not to Exceed Labor $ 9r,607 Reimbursable All a nce $ a.ooo x (oolo=$ 2,OOO Total s 93,607 Permit and Land Use Review/Application Fees Tasks ll City Application/Review Fees: Paid direct by the respective Cities vl. Additional Services services for future phases of schematic Design, Design Development, construction Documents, Bidding and Construction Administration phases will be developed as mutually agreed upon at a future date under the master AIA 8-133 agreements with the city of Meridian and the city of caldwell. 12.IL: Letter of Proposal Cities of Meridian and Caldwell December 7, 20'17 Page 5 Future phases will include the services of KPFF structural engineers and Cator-Romma mechanical and electrical engineers. The following services, though they could be provided by RFM and Pivot North Architecture, are not included in our Scope of Basic Services and, if requested, will be billed as Additional Services. . Additional meetings beyond those identified above such as such as additional public meetings and appeal meetings for entitlements; meetings and redesign beyond those stated above to reconcile GCCM costing and budget.. Photo Realistic Renderings,3-D Physical Modeling. Design Review Board approval. AdditionalConsultants. Assist City of Caldwell with preparation of documents and submittal for a Conditional Use Permit CUP).. Owner Requested Changes to the Drawings after Approvals. Owner Requested Schedule Extensions. Change in site location Vll. Terms of Agreement The enclosed Hourly Billing Rate sheets, are, by reference, included as a part ofthis proposal. A formal AIA B-133 contract will follow with this proposal as an Exhibit. The B-133 agreement will be the master agreement for future tasks with Amendments prepared for specific tasks and compensation. Vlll. Summary Thank you for the opportunity to propose on your pro.iect; please let us know if you have any questions. We stand ready to prepare the B-j 33 contracts for approval by Council. 'E--.&-@*" Approved for Rice Fergus Miller by, Ron Easterday, Principal Attachments: RFM Hourly Billing Rates PNA Hourly Billing Rates We look forward to a fun and collaborative process with all of you. Sincerely, Rice Fergus Miller, lnc. Rtc{srguNtH.LER Exhibit I AACHTTECTT.'RE rNI€RrOR5 PtANNtNG Vt2t-A8 275 Fifth street. Suite 10O Bremerton, WA 98337 Phonet {360) 377 -8773 rfmarch-com 2017 Hourly Billing Rates Date of Proposal: December 7, 2O17 Project: Meridian new Fire Station 6 and Caldwell new Fire Station 3 Concept Design & EntitlementsProjectNo.: 2017070.00&2077177.OO The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: Project Manager: Project Architect: Technical Designer / Production Support: ,nterior DesiSner: Marketing Staff: Project Coordinaton Administrative Staff: Graphics Visualization Staff: $18s.00-$230.oo $ 9o.oo-$17o.oo $ 135.00- $ 170.00 $ 80.00- $ 14s.oo $ 80.00-$12s.00 $ 100.00 $ 8s.00 $ 60.00- $100.00 $ 9s.oo H.,Exhibit C NORTHarchitecture lnvoicinP Billings will b€ issued at the end of each month and are due wlthin 30 days of the ln\roice. Any unpaid invoices after 60 days shall accrue 1.5% interest per month from the billin8 date. Pivot North Architecture 2017 Standard Hourly Rate Table ln-house reimbursable costs are as follow: Printing & Reproduction: Color print/copy (8.5" x 11",11'x17"1 S1.oo Black & White prinvcopy (8.5" x 1 7",11"x77"1 So.o8 S2o.oo USB Drive Duplication (less than 2GB )s 10.00 Mileage (per mile)So.s4 At Cost 'Reproductions, prints, plots, mounting and outside professional services approved by the client will be billed as a reimbursable expense. llol West Grove Street, Botse, ldaho 83702 (208) 690-3f08 | pivotnorthdesign.com 1 Role Description:Hourly Rate: P rin cipal Architect s145.00 Project Manager s 120.00 Pro ect Designer S 110.oo BIM Manager sss.00 Architectural lntern S8s.oo CD/DVD Duplication Postage Ci t y o f M e r i d i a n RF P N A M E : F I R E S T A T I O N D E S I G N & C O N S U L T I N G S E R V I C E S D U E D A T E & T I M E : S E P T E M B E R 1 , 2 0 1 7 4 : 0 0 VE N D O R Po s s i b l e Po i n t s Ra t e r 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 Cr i t e r i a Qu a l i f i c a t i o n s o f a l l t e a m me m b e r s , a v a i l a b i l i t y o f p r o j e c t ma n a g e r a n d f i r m ’ s p r i o r ex p e r i e n c e i n d e l i v e r i n g s i m i l a r fa c i l i t i e s i n I d a h o a n d t h e p a c i f i c no r t h w e s t . ( Q u a l i f i c a t i o n s ) 55 30 4 5 3 5 3 0 3 7 0 39 4 8 4 0 3 0 3 8 1 0 5 0 5 3 4 0 5 5 4 9 5 0 4 0 5 0 5 0 5 0 4 8 3 5 5 3 5 0 5 3 5 5 4 9 5 0 4 4 4 0 5 0 5 0 4 9 1 0 4 0 4 5 4 5 5 2 3 8 3 0 5 0 5 0 5 0 5 3 4 8 5 0 4 7 5 0 5 0 5 3 4 8 4 5 Un d e r s t a n d i n g o f t h e as s i g n m e n t a n d t h e re q u i r e m e n t s g o v e r n i n g t h e ap p r o a c h t o t h e d e l i v e r y o f f i r e st a t i o n d e s i g n / r e m o d e l a n d / o r ot h e r F i r e D e p a r t m e n t f a c i l i t i e s . (i n c l u d e s t h e 3 c o n c e p t u a l re n d e r i n g s ) ( D e m o n s t r a t e d Co m p e t e n c e ) 35 20 2 8 2 5 3 0 2 3 2 0 25 3 0 2 0 2 5 2 4 2 5 3 0 3 0 2 5 3 5 2 8 3 5 2 5 3 0 2 5 3 0 2 8 2 0 3 3 3 0 3 0 3 5 3 1 3 5 2 6 2 8 1 5 3 0 3 1 2 0 2 0 2 5 1 5 3 2 2 4 1 0 3 0 2 8 2 5 3 3 2 8 3 0 2 5 3 0 3 0 3 3 3 0 2 5 Re f e r e n c e Q u e s t i o n n a i r e s 10 7 8 7 8 7 5 5 7 7 7 7 1 0 7 7 5 6 7 1 0 8 8 7 8 7 1 0 1 0 8 7 1 0 1 0 1 0 5 8 7 4 7 1 0 5 9 7 9 7 1 0 8 7 7 9 7 1 0 8 7 7 7 8 1 0 To t a l s 10 0 57 8 1 6 7 6 8 6 7 2 5 0 0 0 0 0 0 6 9 8 5 6 7 6 2 6 9 4 5 8 7 9 0 7 0 9 6 8 4 9 5 7 3 8 8 8 2 8 8 8 3 6 5 9 6 8 8 9 0 1 0 0 9 0 9 5 7 5 7 6 7 2 8 4 8 7 4 0 6 5 7 9 6 7 9 3 6 9 5 0 8 8 8 5 8 2 95 83 90 80 87 87 93 86 80 9 7 9 9 9 9 1 0 1 0 1 0 1 0 1 0 1 0 7 6 9 9 8 7 3 1 6 2 4 2 6 3 4 6 6 5 1 3 1 1 1 2 5 9 5 7 2 8 8 8 9 5 8 6 2 6 4 3 6 3 4 4 2 5 3 4 AV E R A G E Se l e c t i o n Ra t e r 1 M e r i d i a n - M a r k N i e m e y e r Ra t e r 2 N a m p a - P h i l R o b e r t s Ra t e r 3 C a l d w e l l - M a r k W e n d e l s d o r f Ra t e r 4 S t a r - G r e g T i m i n s k y Ra t e r 5 E a g l e - R u s t y C o f e l t Ra t e r 6 K u n a - P e r r y P a l m e r LCA Architects 513 85.50 4Hummerl Architects 423 70.50 7NeUdesign - Mackenzie 523 87.17 2 Ri c e F e r g u s M i l l e r - P i v o t N o r t h 55 9 93 . 1 7 1 In s i g h t A r c h i t e c t s 43 4 72 . 3 3 6 Co l e A r c h i t e c t s 52 2 87 . 0 0 3 De s i g n W e s t 47 9 79 . 8 3 5 39 7 MW A I n n o v a t e M a x e y T o o k e y C T A 9 1 0 8 60 . 8 3 0 . 0 0 6 6 . 1 7 Tu r n e d p r o p o s a l i n l a t e Pr o p o s a l w a s n o t s e a l e d RF P N U M B E R : P D - 1 7 4 8 - 1 0 7 7 0 36 5 0 City of Meridian RFQ NUMBER: FD-1748-10770 DUE DATE & TIME: August 30, 2017 VENDOR SELECTION: (in alphabetical order) Cole Architects NeUdesign Rice Fergus Miller Date Posted: 11-17-2017 FIRE STATION DESIGN & CONSULTING SERVICES SELECTION REQUEST FOR QUALIFICATIONS Cost Percent and Points Awarded Points Awarded Paramount 143,040.00$ 40 Varsity 169,777.64$ 84% 34 Clearview 181,720.00$ 79% 31 City Of Meridian statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions rnctuded In Report 01 - cea€lal Eund 2211 - !'ire Statiolr L1 I.ro,lr 1A/1/2011 rhrough 9/30/2018 Budget with Current Year Acluaf Budget Remaining Percent of Budget Remaining OPERATING COSTS Equipment 6 Supplies Total OPERATING cosTs 25,569.04 25, 569 .0a 328 .24 328 .24 25,244 -84 25,244 -84 '12? 122 54000 DEPT EXPENDITURES TOTAL EXPEND]TURES 25,569 .00 328 .24 324.24 25,244 -84 98 .12? 98 .'t 222t s69.00 \ ( 25,240.80 City Of rdelidian statement of Revenues and Expenditures - Rev and Exp Report - sandra - unposted Transactions rnc-Luded rn Report 01 - c€neral Eund 22L2 - I,j-xe Station L2 Frctr. la/1/2A11 Through 9/30/2018 Budget !.r1th Current Year Actual Budget Remaining Percent of Budget Remaining 54000 OPERATING COSTS Equipment & Suppfies Tota] OPERATING COSTS 95 -2A 27, 456 .8A 99.5i5'r 95.24 21 ,456.84 99.56?j DEPT EXPENDITURES 21 552 .00 95.20 21 456.80 99.56% 95.20 27,456.80 ( ( Dare: 11l6/ 1r 11:34:56 AM TOTAL EXPENDlTURES 21,552 ,00 21, 552 -0A City Of l.lelidian statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions rncfuded rn Report 01 - cenela1 !\trd 2213 - Eir6 Station il3 Eror, lO/1/20!7 Through 9/30/2018 Budget wi th Current Year Actuaf Budget Remaining Percent of Budget Remaining 54000 OPERATING COSTS Equipment & Suppfies Total OPEBATING COSTS 5 .91 99.9 t1 5 .9',1 99.912 DEPT EXPENDITURES TOTAI- EXPENDITURES 99.91\ 2t)100.00 5 .91 20 694.03 99.97t ( DaLe: tt/6/t r l1:35:05 A{ ?!l!!--qo _ Li7 2A | 694 .O3 20.700.00 20,700.00 20, 694 .43 20 . 631,pL ( city Of Meridian statement of Revenues and Expenditures - Rev and Exp Report - sandra - Unposted Ti.ansactions rnctuded rn Report 01 - eanaral !l]nd 22lA - "ire station L4 Frar, 10 / 1/2A11 Through 9/30/2018 Budget with Cur!ent Year Actuaf Budget Remalnlng Percent of Budget Remaining 54000 OPERATING COSTS Equipment 6 Suppt ies TOtA] OPEIiATING COSTS 2r,154.4',7 99 .45\ 154 .41 99.45? DEPT EXPENDITURES 719 .49 21 '754.41 99-45r ( ( Datet ll/6/t1 lt:3s:13 AM TOTAL EXPENDlTURES 21.813.95_ 27,8',73.96 119. 4 9 119.49 21,8',73.96 21,8',73.96 11,9.j2_ 27t'154.4.7 99.4s* City Of Meridian Statenent of Revenues and Expenditures - Rev and Exp Report - Sandra - unposted Transactions Includecl In Report 01 - c6n€ra1 tund 2275 - ?j.ta station *5 Fratu 7A /l/201-'1 Thronqh 9/3A/2O7A Budget !,rith Current Year Actual Percent of Budget Remaining 54 000 OPEFATING COSTS Equipment & Supplies Total OPERATING COSTS 2t,896 -44 27, A96 .04 21,896.O4 2 896.04 100.00t ?1 ,896.44 100.00? TOTAL EXPENDITURES 0.00 2l 896.04 100.009 100.00t ( ( Date: r1l6/r? 11:15:20 At{ Budget Remaining DEPT EXPENDITURES 0.00 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 07 - Impact Fund 2210 - Fire Admin From 10/1/2017 Through 9/30/2018 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 92000 Cap Outlay - Bldgs & Struct Carr... Carryforward 3,548,000.04 0.00 3.548,000.04 100.00% Total Capital Outlay 3,548,000.04 0.00 3,548,000.04 100.00% TOTAL EXPENDITURES 3,548,000.04 0.00 3,548,000.04 100.00% Date: 12/18/17 06:41:20 P14 Page: 1 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Republic Services and SWAC Updated Report on Changing Market Conditions for Recycling Mixed Plastics 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 19, 2017 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Meridian Mural Update 1. Budget Amendment not -to -exceed $16,000; 2. Master Agreement for Professional Services with Sector Seventeen LLC: Mural Design, Installation, and Maintenance; 3. Task Order for Mural Design: 611 N. Main Street for an amount not to exceed $3,000 MEETING NOTES E��"hei f��AMr� itPf�u� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 5 c r Fo- O `Ny LL W L~L (_� c Ca) O G 6 LU v c 4- O 0 F- E, E, u U 0 :1$ C a a l� z OO -----_ -- -----__.------ 00 1uu z �a 1� a m � z° 3 v z u a L a � 1 o b � ZP 3 v v ov 00 @ O \903 �a E E o � U Q Of C H O � c C 0 O = Q � 'a ❑ ❑ N ti 19 ani > > O N DO N`p N 5 c r Fo- O `Ny LL W L~L (_� c Ca) O G 6 LU v c 4- O 0 F- E, E, u U 0 :1$ C a a t d fa li�tn OO -----_ -- -----__.------ 00 z �a z z a m � z° 3 v z u a w w a u 1 o b � ZP 3 v v ov 00 @ O \903 A E E C0) Q H za 0 E� ❑ ❑ 6 ti 19 ani > > O N DO N`p N J� o ' N 0 t7 o 0 Yk h- Q U O O a > O O D LL vC � m � W y O W ,yl 0 0 C ov LnO °c° mcu Ln 16 O O v" Q 7 N m m O N E aA N O M N O N O N O N O °' ri m ci N N N N O 0 O a>i O O f O 41 O) m m u- i O N cu W THE c c z zE my z ci ci v 3 b c -I c -I 2 ci ci ci 2 C Y t - ci O C) O O t d fa li�tn 00 z �a a a m � z° 3 v z u a w w a u 1 o b � ZP 3 'X A4 � Eti @ O O C C0) Q H N 0 E� va O N DO N`p N Y o , W h- Q U O O a > O O D LL w d E W O O O O O O O O O'o O v" N m 'n O N O N aA N O M N O N O N O N O ,-I ri a -I ci N N N N O O O O O O O O 0000 000 0000 W 0000 0000 000 0000 ci a -I ci ci ,-I c -I c -I r-1 ci ci ci C -i ci O C) O O O O O 0 C) O O t d fa I— V a c W M W tlo C m GJ CL O 0 li�tn 00 z �a a a o � z° 3 z z a w w a w fa - 1 o b ZP 'X A4 I— V a c W M W tlo C m GJ CL O 0 0 F- MP 00 z �a a a o � z° 3 z z a w w a w fa - 1 o b ZP 'X A4 0 F- MP C: 7 3 c a� O N 3 a O N � as 3 m � c o � p � C O CX a CL o jID (p (p (C S j N O` '�C C O � 1 10 3 w ° o 4 p n � O a J 3 tIOO 10 rt M O m � p Q �0 3 Q ,y N a n (D N CX tD c a. O. O ,p v .IOy O n m a � o rt a a c Q v° T (D rc a e• O tr 0-1 p C � nm � Ix 3 3 = v C C G J 4 C rt 4 a 3 � 1 N () -n A O c � C � CL O N I D S N i `-+ G O� 6 O (D 3 N a 1 (o rD (D n 7 O � � o a LD. a o <' N (Np (D Q a CL J n O o m rtO � S N (D Oa (D o v c rD Q T � CL (D' I C DI i (p 7 K a. s 4 N C: O N Nj3-o rNF _ N rY 7 j O Q 4 m O +< (D m (D C — (D _O O 7 3 T UQ 7:r C c c j � n. S , (D r C rD * rD O (D M = (D 0 0 N T ❑. m m O p N (D N d c � m CL EDN N O o m c D rt (D (o O_ n c m m 7 N S M (D 3 n M oa S 7 (D i Y K r (D N Q S v N 3 d of3 0 � I 3� (D { a � S N -�6 fc rN klf ,Nh O_ s h J K 1__. -n til n C 0 N (D O N c { ((DDO 00 i N rt < (D Q11 C (1) O 00 �1 w o .7 w 7 (A S •9 OCL (D O i�J N c D 7 00 (D 1 S CL (D 0 1 OI (D 7 n N DI o Q a v m v 1 C) cu a 3 O n E Q y O ]] rF 7 d (D cr a a n 3 m c (D 6 l� O 11 O ._r O � I'I/F i N 01 O T N v O N O N v T N N � 0 N � F-� N D1 w l MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO PUBLIC ART PROJECT: MERIDIAN MILL MURAL This MEMORANDUM OF AGREEMENT FOR CONTMVTION TO PUBLIC ART PROJECT: ZAMZOW'S MURAL ("Agreement") is made this 21day of November, 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end, wish to install a mural on the south side of the Meridian Mill ("Project"), located at 611 N. Main Street, in downtown Meridian, with permission from the property owner, the Zamzow family, dba JCJ Holdings, LLC ("the Zamzows"), as a benefit to the public; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Project installation. Between November 15, 2017 and September 30, 2018, City agrees to invest MDC's contribution in services, materials, and equipment related to design and installation of the Project. The selection of staff and/or vendors for Project shall be made by City and the Zamzows. B. Selection of art. City shall include MDC in the process of selecting or artwork for the Project. With regard to decisions related to selection of artist(s), artwork, or specific installation specifications, City shall duly consider MDC input and shall make a reasonable effort to come to consensus. City and the Zamzows shall be responsible for the final decision regarding selection of artists, artwork design, and/or specific installation locations. C. Acknowledgment of contribution. If City acknowledges contributors to the Project, City shall acknowledge MDC. D. Invoice MDC. By December 31, 2017, City shall remit to MDC one (1) invoice for MDC's contribution to the Project, in a total amount not to exceed sixteen thousand dollars ($16,000.00). II. MDC'S RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MDC shall provide payment to City in the amount of such invoice, in a total amount not to exceed sixteen thousand dollars ($16,000.00). MEMORANDUM OF AGREEMENT FOR MDC' S CONTRIBUTION TO THE MERIDIAN MILL MURAL PROJECT PAGE 1 OF 3 B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. The officer or administrator charged with the responsibility of preparing MDC's Fiscal Year 2018 budget shall include in the proposed budget the amount noted herein, which will be duly considered by the Board along with the other proposed expenditures for Fiscal Year 2018. III. GENERAL TE, RMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2018, B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres, Administrator 33 E. Broadway Avenue 104 East Fairview Avenue #239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the Project is not in the parties' best interest, by providing thirty (30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made toward completion of Project as of the date of termination. E. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and MEMORANDUM OF AGREEMENT FOR MDC's CONTRIBUTION TO THE MERIDIAN MILL MURAL PROJECT PAGE 2 OF 3 jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. MERIDIAN DEVELOPMENT CORPORATION APPROVED: n asalone, Chairman CITY OF MERIDIAN �PIEDAUGUS �LZO-Y)✓ �Q° 1, 0 City of E IDR IAN�- �oAHo Tammy d W rid. -Mayor zm SEAL ATTEST: By: Nathan Mueller, Secretary/Treasurer Meridian Development Corporation ATTEST: By: /.JAayoles�, Cleric MEMORANDUM OF AGREEMENT FOR MDUS CONTRIBUTION TO THE MERIDIAN MILL MURAL PROJECT PAGE 3 OF 3 MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 1 of 7 MASTER AGREEMENT FOR PROFESSIONAL SERVICES: MURAL DESIGN, INSTALLATION, AND MAINTENANCE This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: MURAL DESIGN, INSTALLATION, AND MAINTENANCE (“Agreement”) is made this 19th day of December, 2017 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Solomon Hawk Sahlein, on behalf of Sector Seventeen LLC, a limited liability company organized under the laws of the state of Idaho (“Artist”). WHEREAS, the City desires to foster a vibrant community, establish a sense of place and local identity, and beautify public spaces by facilitating the installation of murals on buildings in Meridian, both privately- and publicly-owned; WHEREAS, Artist is qualified through experience and demonstrated ability to work with the City, property owners, and other interested parties to create artwork that addresses the context of its placement, reflects community values, and meets or exceeds stakeholder expectations; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. PROCESS . By this Agreement, City and Artist seek to establish the general terms of tasks undertaken by Artist with regard to consultations, design, installation, maintenance, and repair of murals, and any and all other tasks related to such activities. The City may invite Artist to provide such services pursuant to separate project task orders establishing specific terms and conditions, including compensation amount, scope of work, and timelines. II. SCOPE OF SERVICES . Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services and shall meet all standards enumerated in this Agreement and in the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and/or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed upon by the parties. III. TERM . This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2028, unless sooner terminated by the method set forth herein. IV. COMPENSATION . A. Total amount. The total payment to Artist for specific services provided pursuant to this Agreement shall be separately negotiated and enumerated in the project task order. The amount designated in the project task order shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 2 of 7 contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth in the project task order, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. V. CREATION , INTEGRITY , AND OWNERSHIP OF ARTWORK . A. Waiver and relinquishment of rights. Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights, title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. This provision shall survive the termination or expiration of this Agreement. B. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, sketches, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, sketches, models and maquettes shall not be identified as or represented to be the finished Artwork. C. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, sketches, models and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, sketches, models and maquettes shall not be identified as or represented to be the finished Artwork. MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 3 of 7 D. Ownership. Upon City’s final acceptance of artwork or other products created pursuant to this Agreement, such artwork or products shall be owned by City, and City may maintain, repair, or fully or partially remove them, at City’s sole election and discretion. E. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification . Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or business invitees, occurring as a result of this Agreement or project task order. B. Waiver. Artist hereby waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement or project task order, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees C. Insurance to be obtained by Artist. Upon execution of a project task order, Artist shall obtain and shall maintain, at Artist’s own expense, through completion of the task order, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and Artist’s employees, agents, and/or workers, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers’ compensation insurance. Artist shall obtain and shall maintain, at Artist’s own expense, from the Effective Date of this Agreement through City’s Final Acceptance of the Artwork, and throughout the course of this Agreement, workers’ compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Before commencing fabrication of Artwork and/or components or materials thereof, Artist shall procure and maintain, at Artist’s own expense, insurance on same in an all-risk form with limits to be established by the MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 4 of 7 project task order, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City’s Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the effective date of a project task order, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist’s insurance agent shall notify City immediately. E. Insurance to be obtained by Artist’s subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers’ compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement or project task order, violated any of the covenants, agreements, and/or stipulations of this Agreement or project task order, falsified any record or document required to be prepared under this Agreement or project task order, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement or project task order; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement or project task order; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement and the project task order shall be terminated upon mailing of written notice of same by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist after City’s issuance of notice to proceed on a project task order, all finished and MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 5 of 7 unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City’s option, become City’s property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist’s default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement or project task order for any reason, at any time, by providing fourteen (14) days’ notice to Artist. C. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Permitting and inspection. In the provision of all services pursuant to this Agreement or any related project task order, Artist shall obtain any and all necessary permits or approvals from the various departments of the City of Meridian and other government agencies. B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 6 of 7 D. Non-Discrimination . Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. E. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Artist’s records with respect to all matters covered by this Agreement. Artist shall permit City to audit, examine, and copy, and to make audits of all records and data relating to all matters covered by this Agreement. F. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. G. Costs and attorneys’ fees . If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. H. 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. I. 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. J. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. K. 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. L. Successors and Assigns . All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. MASTER PROFESSIONAL SERVICES AGREEMENT MURAL DESIGN , INSTALLATION , AND MAINTENANCE | PAGE 7 of 7 M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Sector Seventeen LLC Solomon Hawk Sahlein 6725 W Kirkwood Drive Boise ID 83709 City: City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: ________________________________ Solomon Hawk Sahlein, Manager Sector Seventeen LLC CITY OF MERIDIAN: __________________________________ Attest: ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk PROFESSIONAL SERVICES TASK ORDER – MURAL DESIGN AT MERIDIAN MILL PAGE 1 of 3 TASK ORDER FOR MURAL DESIGN: 611 N. MAIN STREET This TASK ORDER FOR MURAL DESIGN: 611 N. Main Street (“Task Order”) is made this 19th day of December, 2017 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Solomon Hawk Sahlein, on behalf of Sector Seventeen LLC, a limited liability company organized under the laws of the state of Idaho (“Artist”). WHEREAS, on December 19, 2017, Artist and City entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance (“Master Agreement”), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, on November 21, 2017, City and the Meridian Development Corporation (“MDC”) entered into a Memorandum of Agreement for Contribution to Public Art Project: Meridian Mill Mural , by which Agreement MDC provided funds to City for the purpose of installation of a public art mural at 611 N. Main Street, in Meridian, Ada County parcel no. R5672000090 (“Property”); specifically, on the building located thereon known as the Meridian Mill; and WHEREAS, JCJ Holdings, LLC, the owners of the Property (“Owners”) are willing to consider the installation of a mural on the south face of the Meridian Mill, and desire to work with Artist in the creation of a design that exemplifies the history and legacy of the Meridian Mill, establishes a sense of place and local identity in downtown Meridian, and beautifies public spaces; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES . Artist shall design a large-scale, painted mural installation on the south face of the Meridian Mill (“Mural”), located at Property. Throughout the design process, Artist shall seek input from City, MDC, and Owners (collectively, “Stakeholders”), and shall finalize the design only with consensus from all Stakeholders. At the conclusion of the design process, Artist shall deliver to City a to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated ( e.g. , windows, doors, signs, projections, etc.). Artist shall also be responsible for obtaining written approval of the final design from the designated representative of each Stakeholder. II. COMPENSATION . A. Total amount. The total payment to Artist for services rendered under this Task Order shall be three thousand dollars ($3,000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables PROFESSIONAL SERVICES TASK ORDER – MURAL DESIGN AT MERIDIAN MILL PAGE 2 of 3 provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Initial design: $2,000.00 shall be due to Artist for upon Artist’s delivery to Stakeholders an initial design of the Mural. 2. Final Design: $1,000.00 shall be due to Artist for delivery of a Final Design, as defined herein and as approved in writing by City. III. TIME OF PERFORMANCE . A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. on December 22, 2017: Artist shall deliver an initial design of the Mural to Stakeholders, to elicit Stakeholder input regarding the Mural. 2. By 5:00 p.m. on February 2, 2018: Artist shall deliver to City a Final Design, which shall include: a) a detailed, to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated ( e.g. , windows, doors, signs, projections, etc.); and b) written approvals of the design from the designated representative of each Stakeholder. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV. GENERAL PROVISIONS . A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Stakeholders’ designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval regarding proposed mural designs. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: Callie Zamzow, Manager JCJ Holdings, LLC czamzow@dynamitemarketing.com PROFESSIONAL SERVICES TASK ORDER – MURAL DESIGN AT MERIDIAN MILL PAGE 3 of 3 2. MDC: Ashley Squyres, Administrator Meridian Development Corporation meridiandevelopmentcorp@gmail.com 3. City: Hillary Bodnar, Committees & Commissions Specialist City of Meridian hbodnar@meridiancity.org C. Limited edition. Artist warrants and represents that the designs provided pursuant to this Task Order have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. D. Installation not included. Artist acknowledges and agrees that this Task Order imparts no commitment by City to contract with Artist for installation of the Mural depicted in concept designs provided pursuant to this Task Order. Further, this Task Order vests no right in Artist to install the Mural depicted in concept designs provided pursuant to this Task Order. E. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: ________________________________ Solomon Hawk Sahlein, Manager Sector Seventeen LLC CITY OF MERIDIAN: __________________________________ Attest: ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Appointment of Cameron Arial as Community Development Director MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 9B PROJECT NUMBER: H-2017-0150 ITEM TITLE: Castlecreek Subdivision Final Plat for Castlecreek Subdivision (H-2017-0150) by Northwest Ventures, LLC located at 2432 E. Amity Rd. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: FUNIC Hearing tor Community Development blockran Program Year 2016 Consolidated Annual Performance and Evaluation Report (CAPER) 1. Resolution No. 17-2053: A resolution approving submission and adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2016 to United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to rwAri ifp rind nftpgt fhA cnma nn hAhnlf of fhP (-ity of MPrir'iirin• rind MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. f -7— O05-3 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, LITTLE ROBERTS, PALMER A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2016 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual report reviewing the consolidated performance and evaluation of the City's Community Development Block Grant ("CDBG") program be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive and maintain Community Development Block Grant ("CDBG") funding for the Program Years 2017; and WHEREAS, the City held a public hearing on the Consolidated Annual Performance and Evaluation Report ("CAPER") for Program Year 2016 ("PY16") on December 19, 2017, and held a public comment period on the draft application materials from November 28, 2017 to December 19,2017; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the PY16 CAPER, as attached hereto, be, and the same hereby are, adopted as to both form and content. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the PY16 CAPER. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this M qday of oe Cie/" t MC , 2017. ,t,� APPROVED by the Mayor of the City of Meridian, Idaho, this �� day of D&CG^6'&,/ , 2017. RESOLUTION ADOPTING CDBG DOCUMENTS —Page 1 OF I ATTEST: By: Jay Co s, City Clerk Planning Department 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org December 20, 2017 Murrianna Thomson Representative, Community Planning and Development Oregon State HUD Office Edith Green-Wendell Wyatt Federal Building 1220 SW 3rd Avenue, Suite 400 Portland, OR 97204-2825 Dear Ms. Thomson: Enclosed please find the City of Meridian’s Program Year 2016 Community Development Block Grant Consolidated Annual Performance and Evaluation Report. The CAPER was approved for submission by the Meridian City Council at the December 19, 2017 City Council meeting. Please contact the City if you have any questions, or if further clarification is needed. All questions can be directed to me at cpope@meridiancity.org , or by phone at 208-489-0575. Thank you and your staff for all of the assistance and support over the past year. I look forward to continue working with Portland staff in the upcoming program year. Sincerely, Mayor Tammy de Weerd Mayor of Meridian, Idaho Program Year 2016 - Year in Review: Consolidated Annual Performance & Evaluation Report (CAPER) PY2016 CAPER is… •An evaluation of performance in relation to 2012-2016 Consolidated Plan, •An accounting for use of financial and other resources, •A review of program procedures and processes, •An examination of timeliness and effectiveness of programs, •An explanation of decisions made in the program, and •A recognition of program accomplishments and goals met or not met… …during the 2016 Program Year (October 1, 2016 - September 30, 2017) CDBG PROJECTS (during PY2016) Public Services Public Facilities Other Projects •Program Administration •2017-2021 Consolidated Plan •Slum and Blight Plan •Senior Resource Guide •ACHA & NWB Homebuyer Assistance •Sidewalks (MDC) •Streetlights •Storey Park Restroom •Meridian Elementary School Picnic Shelter •Meridian Food Bank •Boys & Girls Club Scholarships •Jesse Tree Homelessness Prevention CDBG Program Accomplishments Consolidated Plan Outcome Achievements Decent Housing with Purpose of New or Improved Affordability (DH-2) Specific Objective Program Year Performance Indicators Expected Number Actual Number Percent Completed DH2. 1 Address the need for affordable housing by supporting a homebuyer assistance program for qualifying households. 2012 2013 2014 2015 2016 Households 3 1 1 1 1 3 2 7 4 100% >100% % >100% >100 % MULTI-YEAR GOAL 7 16 >100% Suitable Living Environment with Purpose of New or Improved Availability/Accessibility (SL-1) SL2.1 Support public service activities that serve the city’s LMI residents. 2012 2013 2014 2015 2016 People/Residents 2,000 2,000 2,000 2,000 2,000 65,000 59,000 55,000 52,000 7,782 >100% >100% >100% >100% >100% MULTI-YEAR GOAL 10,000 238,782 >100 % Suitable Living Environment with Purpose of New or Improved Sustainability (SL-3) SL3.1 Invest in public facility improvements that serve person with special needs and low income residents or are located in LMI areas. 2012 2013 2014 2015 2016 Public Facilities 1 0 1 0 1 0 1 3 1 1 0% >100% >100% 100% 100 % MULTI-YEAR GOAL 3 6 >100% CDBG Program – Other Activities CAPER Public Process TODAY: Public Hearing on PY16 CAPER Close Public Comment Period Action Item Proposing the approval and adoption of Resolution No. 17-2053 A resolution approving submission and adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2106 to United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to execute and attest the same on behalf of the City of Meridian; and providing an effective date. 2016 Consolidated Annual Performance and Evaluation Report (CAPER) Community Development Block Grant Program City of Meridian, Idaho Prepared by Christopher Pope, CDBG Administrator City of Meridian (208) 884-5533 cpope@meridiancity.org City of Meridian, Idaho 2 2016 CAPER DRAFT—November 2017 TABLE OF CONTENTS I. Introduction………………………………………………………………………………………………………………3 II. Executive Summary…………………………………………………………………………………………………..5 a. Summary of PY2016 Accomplishments…………………………………………………………..6 b. Summary of Prior Year Resources and Distribution of Funds………..………………..7 III. Five Year Plan Assessment of Progress……………………………………………………………………….9 a. Five Year Goals and Objectives……………………………………………………………………..10 b. Lessons Learned…………………………………………………………………………………………….13 IV. Assessment of Annual Progress………………………………………………………………………………..14 a. Affirmatively Furthering Fair Housing/ AI Summary and Overcoming Impediments…………………………………..……………………………………………………………15 b. Affordable Housing……………………………………………………………………………………….16 c. Addressing Worst-Case Needs……………………………………………………………………….17 d. Addressing Accessibility Needs……………………………………………………………………..17 e. Continuum of Care………………………………………………………………………………………..17 f. Other Actions………………………………………………………………………………………………..18 V. Program Narratives…………………………………………………………………………………………………..24 APPENDICES Appendix A: Tables Joint Table 1C, 2C, and 3A—Summary of Specific/Annual Objectives…………….28 Table 2A—Priority Housing Needs/Investment Plan Table…………………………….31 Table 2B—Priority Community Development Needs………………………………………32 Table 3B—Annual Affordable Housing Completion Goals………………………………33 Appendix B: Reports Summary of Activities (PR03)……………….…..…………………………………………………..36 Summary of Consolidated Plan Projects for Report Year 2016 (PR06)…………….49 Summary of Accomplishments Report (PR23)……………………………………………….51 Financial Summary Report (PR26)………………………………………………………………….53 Expenditure Report (PR50)…………………………………………………………………………….55 Timeliness Report (PR56)………………………………………………………………………………55 Performance Measures Report (PR83)…………………………………………………………..58 Strategy Area, CDFI, and Local Target Area (PR84)…………………………………………60 Appendix C: Legal Notices……………………………………………………………………………………..61 Appendix D: Public Comments……………………………………………………………………………….64 City of Meridian, Idaho 3 2016 CAPER DRAFT—November 2017 SECTION I Introduction City of Meridian, Idaho 4 2016 CAPER DRAFT—November 2017 Section I Introduction The City of Meridian is a recipient of federal Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis. As a recipient of these funds, the City is required to prepare a Consolidated Plan, also known as a five-year strategic plan. The plan identifies the housing and community needs of the City, organizes these needs based on priority, identifies resources that address the community’s needs, and establishes annual goals and objectives to meet those needs. The Consolidated Plan is further broken down into annual action plans, which the City prepares and submits to HUD each year. The annual action plan spells out specifically how the City will address the goals and objectives in the Consolidated Plan during that program year. At the end of each program year, the City provides a summary of expenditures and related accomplishments to the public and HUD. This annual assessment is called the Consolidated Annual Performance and Evaluation Report (CAPER). While this report addresses goals achieved by expending funds for the CDBG program, it is important to note that the success of the program is largely dependent on the efforts and resources of other private and public agencies and organizations as well as HUD. CAPER requirements are outlined in 24 CFR § 91.520. The report provides a review and evaluation of the City’s performance during the 2016 Program Year (PY2016) and the five-year timeframe of the 2012-2016 Consolidated Plan. The subject program year began October 1, 2016 and ended September 30, 2017. This document includes reports generated by HUD’s Integrated Disbursement and Information System (IDIS). These IDIS reports summarize the City’s accomplishments for PY2016. HUD- recommended tables complement the narrative section and IDIS reports to provide an update on the City’s progress in achieving the goals and objectives identified in the Consolidated Plan. City of Meridian, Idaho 5 2016 CAPER DRAFT—November 2017 SECTION II Executive Summary City of Meridian, Idaho 6 2016 CAPER DRAFT—November 2017 Section II Executive Summary The performance measurement system outlined in the City’s Consolidated Plan is based on the following HUD initiatives: • Create a Suitable Living Environment (SLE) • Provide Decent Housing (DH) • Create Economic Opportunities (EO) These initiatives are carried out by the City of Meridian and various partner agencies and entities. They are consistent with the guidelines set-forth by HUD in accordance with regulations governing the use of CDBG funds and are based on the needs that the City has identified through its own assessment and on-going input from the citizens of Meridian. During PY2016 the City focused on decent housing initiatives and providing a suitable living environment for low-moderate income persons. Consistent with the survey results conducted during the preparation for the 2012-2016 Consolidated Plan, the City attempted to focus on public facility improvements to serve LMI residents and public services. Table 1 provides a summary of PY2016 Action Plan activities, along with an update of activity status. Table 1: Program Year 2016 Goals and Allocation PY2016 ($329,895 ) Goal Allocated Expended Remaining Administration - ~$50,234.38 $16,339.78 $33,894.60 Streetlight Installation SLE ~$125,000.00 $0.00 $125,000.00 Meridian Food Bank SLE †$36,448.00 $36,448.00 $0.00 Boys & Girls Club Scholarship Program SLE $10,000.00 $2,060.00 $7,940.00 Jesse Tree Emergency Rental Assist. DH $7,000.00 $3,238.00 $3,762.00 Housing Authority (Homebuyer Assist) DH † $35,000.00 $35,000.00 $0.00 NeighborWorks (Homebuyer Assist) DH $30,000.00 $0.00 $30,000.00 VCD Sidewalk Design** SLE *$0.00 $0.00 $0.00 MDC Sidewalk Design SLE †$60,000.00 $32,665.63 $27,334.37 TOTAL $125,751.41 $227,930.97 * This project was substantially amended to move funds to a project that could expend. ** This project was cancelled. ~ This project was amended (without triggering a substantial amendment) to decrease funding to be used by other projects. † This project received funds from an amended project. City of Meridian, Idaho 7 2016 CAPER DRAFT—November 2017 A. Summary of PY2016 Accomplishments The following is a summary of the City’s accomplishments in PY2016, including projects that were carried-over from previous program years: • Assisted 22 low-to-moderate income children gain access to Boys & Girls Club’s programs through CDBG sponsored scholarships (funds from PY2016). • Completed Slum & Blight Plan aimed to help redefine and focus efforts on the eradication of slum and blight in Meridian (funds from PY2014). • Completed a Senior Resource Guide which provides over 900 seniors with information on services, events, and opportunities available to them in the community (funds from PY2015). • Completed Storey Park ADA Restroom Facility Improvements (funds from PY2014). • Helped prevent homelessness for five (5) families by Jesse Tree providing emergency rental assistance for those facing eviction (funds from PY2016). • Assisted six (6) families with obtaining an affordable home in Meridian through homebuyers assistance programs (Funds from PY2015 and PY2016). • Provided assistance to the Meridian Food Bank for the purchase of food. In combination with other monetary donations and support, the Meridian Food Bank assisted over 52,000 individuals and families during the past year. • Completed Meridian’s 2017-2021 Five-year Consolidated Plan (funds from PY2015). B. Summary of Prior Year Resources and Distribution of Funds During PY2016 the City expended funds on projects that were scheduled or began in previous years. These projects will continue to move forward until complete, unless otherwise annotated. While additional private sector partnerships, match and other funding sources were discussed, CDBG funding was the only monetary resource used. “Soft” resources, like coordination with developers, social service agencies, businesses, and other units of local government were expended in PY2016. These resources are in line with the current (PY2012- 2016) Consolidated Plan and the action plans the projects themselves pertain to. The action plans for the identified years is where the City houses the resources pursued when creating the plans. Table 2: Expenditures during Program Year 2016 from previous program years (see PR03) Goal/Activity Funded Prior Year Remaining Expended in PY 2016 Remaining Suitable Living Environment LMI Streetlights (PY2015) $181,250.00 $181,250.00 $40,424.75 $141,095.25 Meridian Elem. Picnic Shelter (PY2015) $80,000.00 $80,000.00 $13,795.79 $66,204.21 Senior Resource Guide (PY2015) $5,000.00 $5,000.00 $5,000.00 $0.00 2017-2021 Consolidated Plan (PY2015) $35,130.00 $35,130.00 $35,130.00 $0.00 Storey Park Restroom Facility (PY2014) $70,439.56 $65,834.56 $65,834.56 $0.00 Slum & Blight Plan (PY2014) $19,500.00 $19,500.00 $19,500.00 $0.00 Meridian Elem. Fitness Path Restitution (PY2014) $48,904.22 $1,079.10 $1,079.10 $0.00 City of Meridian, Idaho 8 2016 CAPER DRAFT—November 2017 Idaho Ave Sidewalk Construction (PY2013) $93,600.11 $2,686.50 $2,686.50 $0.00 Decent Housing ACHA Homebuyer Assistance (PY2015) $40,000.00 $30,000.00 $30,000.00 $0.00 Neighborhood Housing Services (PY2015) $80,000.00 $30,013.49 $30,013.49 $0.00 Total PY2016 Expenditures (non-2016 funds) $243,464.19 $243,464.19 C. Distribution of Funds The projects worked on during PY2016 were largely confined to the LMI area. However, due to the nature of the homebuyer assistance and emergency rental assistance programs, the homes occupied were spread throughout the city based on price and fair housing choice. Except for homebuyer assistance and emergency rental assistance, the physical location of projects worked on during PY2016 are represented below. Geographic Distribution of Funds – PY2016 City of Meridian, Idaho 9 2016 CAPER DRAFT—November 2017 SECTION III Five Year Plan Assessment of Progress City of Meridian, Idaho 10 2016 CAPER DRAFT—November 2017 Section III Five Year Plan Assessment of Progress A. Five Year Goals and Objectives The PY2012-2016 Consolidated Plan lists three key strategies and five associated objectives to address the identified needs of the community. During PY2016, the City selected and carried out activities that addressed two of these identified strategies – Suitable Living Environment (SL-1) and Decent Housing strategies (DH-2). As much as the City would like to accomplish goals with the Economic Opportunity (EO-1) strategy, it remains difficult to do so until the Slum & Blight assessment and designation is finalized through local and federal review and approval, which should occur by early Spring 2018. The city continues to opt to work on suitable living environment enhancements and decent housing initiatives. The thought process behind this continues to be that if the city was unable to move forward with one strategy or goal for the time being, it would bolster the other strategies and goals during this time. The City maintains that this is the best avenue forward, and made considerable strides on the Decent Housing front this past year (and committed to doing so again in the most recent action plan for 2017). Meridian has chosen a three year period of 2015, 2016, and 2017 to meet its Certification of Overall Benefit. As identified in the attached report (PR26), the City’s certification percentage for the second of this three year period is 100.00% benefit to low/moderate income persons. The City made progress on the following objectives through PY2016 activities as described below: Ada County Housing Authority (ACHA) (Decent Housing 2012-2016 Consolidated Plans): In PY2015, in order to increase the affordability of decent housing as outlined in the Consolidated Plan (DH-2), the City allocated $40,000 for ACHA homeownership assistance through the housing choice voucher program, among other programs the Housing Authority oversees. ACHA has expended all of these 2015 funds, assisting three (3) LMI families during that project. Additionally, the city also provided ACHA with an additional $35,000 for PY2016. ACHA has spent all of those funds on two (2) LMI families. This program is working extremely well, and hopes to continue to support low-moderate income families in their endeavors to secure decent, safe and affordable housing. This project will contribute to addressing the City’s decent housing strategy (DH-2). NeighborWorks Boise (Decent Housing 2012-2016 Consolidated Plans): During the PY2016 year NeighborWorks Boise completed their project PY2015 by expending the remaining activity budget of $30,000 providing an additional two (2) low-moderate income families with homebuyers assistance. NeighborWorks Boise also received $30,000 to complete their PY2016 project, but have yet to utilize any of those funds. Though, the organization has at least four LMI families in the pipeline to use these funds. This program allows applicants to enter into a self-sufficiency program and home-ownership counseling prior to the receipt of funds, which can delay eligible funding allocation for home purchases. However, each of the families using City of Meridian, Idaho 11 2016 CAPER DRAFT—November 2017 funds from PY2015 were able to secure decent, safe and affordable housing in the City of Meridian, contributing to the consolidated plan’s strategy DH-2. Meridian Food Bank (Suitable Living Environment, 2012-2016 Consolidated Plan): In PY2016, the City allocated $36,448 for use by the Meridian Food bank to purchase food for area residents in need to be distributed through their location in downtown Meridian. The Meridian Food Bank expended its entire allocation during the program year. The Meridian Food Bank has been instrumental in filling a critical need within the community. The food bank doesn’t receive enough food donations for all of its patrons, and some of those donations are unusable. The funds supplement by filling that gap. The Food Bank provided food to over 52,000 individuals and families during this past year utilizing all available resource pools (an average of over 4,300 patrons per month. Over ninety-eight percent (98%) of those individuals served were low to moderate income persons. This contributed to the availability/accessibility of a suitable living environment (SL-1) as outlined in the Consolidated Plan. Boys & Girls Club Scholarship Program (Suitable Living Environment, 2012-2016 Consolidated Plan): The Meridian Boys & Girls Club was allocated $10,000 in PY2016 funds. The use of these funds is targeted to provide low income children and families with scholarships to enable their children to participate in the organization’s summer and after-school programs. During PY2016, $2,060 of their funding was utilized (though, the remainder of the funds has been drawn down in early PY2017). As a result of these funds, twenty-two (22) LMI children have benefitted from this project. This work really helps to improve the availability of crucial child care and educational programs to LMI residents living in the community (SL-1). Jesse Tree Emergency Rental Assistance (Suitable Living Environment, 2012-2016 Consolidated Plan): In PY2016, Jesse Tree was awarded $7,000to provide emergency rental assistance to LMI residents facing eviction and homelessness. Jesse Tree works region-wide as one of the only homelessness prevention organizations and they have (SL-1, DH), and, during PY2016, made a meaningful impact in the lives of five (5) LMI families/households through the distribution of $3,238 of their allocated funding. Meridian Elementary School Picnic Shelter (Suitable Living Environment, 2012-2016 Consolidated Plan): Meridian Elementary School, via West Ada School District, was initially allocated $65,000 to re-seed a portion of the school’s field area and build a picnic shelter for multi-purpose use with electric power available (SL-3). Upon reception of bids for the project, another $15,000 was required to complete the project increasing the total allocation for this project to $80,000. During PY2016, $13,795.79 has been drawn down with the project scheduled to be completed in early PY2017 (due to shipping delays with the picnic shelter equipment). This school is located in a predominately LMI area of the community with the majority of students who attend being classified as LMI. As such, these facilities will provide valuable opportunities for the school and its LMI students. LMI Streetlights (Suitable Living Environment, 2012-2016 Consolidated Plan): The City of Meridian allocated $150,000 of PY2015 funds to design and construct streetlights in an LMI City of Meridian, Idaho 12 2016 CAPER DRAFT—November 2017 area of the community (SL-3). During PY2016, $40,427.75 was utilized to pay for the design and equipment costs. In early PY2017, a contract was entered into to complete this project by the end of winter 2018. Due to an immensely busy and competitive construction market in Meridian, the bid accepted by the City necessitated an additional $31,520 bringing the activity’s total allocation to $181,520 (this addition does not trigger a substantial amendment). In addition to this PY2015 project, the City also allocated $125,000 of PY2016 funds to design and construct additional streetlights in an LMI area of the community separate from the area where the PY2015 streetlights project is focusing on. None of these funds have been used and the project is scheduled to get off the ground during the early calendar-year 2018. Slum & Blight Assessment and Plan (General, 2012-2016 Consolidated Plan): $19,500 from PY2014’s Administration allocation has been allocated to this project to compensate a consultant for the design and completion of the City’s Slum & Blight Plan. All of the allocated funding for this project was utilized and the Slum & Blight Plan project was completed. This document/study will be used for any future Slum & Blight related projects for the next 10 years, as per HUD guidance. This plan will undergo the required public review before being submitted to HUD for approval in early calendar-year 2018. Storey Park ADA Upgrade (Suitable Living Environment, 2012-2016 Consolidated Plan): $80,000 was allocated to this project through the PY2014 substantial amendment. Storey Park is Meridian’s oldest municipal park. Its current state is wholly inadequate for accessibility standards and is in significant need of ADA compliance alignment. The project is seeking to meet these deficiencies, and began design during the summer of calendar year 2016. (SL-3) During PY2016, this project was completed and came in under budget by expending $70,439.56. The impacts and benefits of the improved ADA compliance of the park’s facilities will impact thousands of LMI residents who regularly frequent the park. VCD Sidewalk Design (Suitable Living Environment, 2012-2016 Consolidated Plan): This project was scheduled to begin in PY2016 with $50,000 in funding allocated to design sidewalks for a new affordable housing complex in Meridian. However, due to scheduling problems and a loss of confidence in the timely expenditure of funds, the City determined to substantially amend this project to reallocate all of its funding to other projects. Due to the re- allocation of funds and the indefinite timeline that this project has, City staff have decided to cancel this project altogether. MDC Sidewalk Design (Suitable Living Environment, 2012-2016 Consolidated Plan): This project was initially listed as an alternate project for the PY2016 year. However, after the removal of funds from the VCD sidewalk design project, the City consulted with Meridian Development Corporation (MDC), the City’s Urban Renewal Agency, to explore the opportunity to design and later construct necessary sidewalks in an LMI area of the community where sidewalks are currently missing (SL-3). This project was granted an allocation of $60,000 of PY2016 funds in late-Spring of calendar-year 2017, and has drawn down $32,665.63 by the end of PY2016. It should be noted that the remainder of the funds is expected be drawn the end of City of Meridian, Idaho 13 2016 CAPER DRAFT—November 2017 January 2018, though this project will remain “Open” until the subsequent construction of the sidewalks is completed. Administration (General): Administrative funds during the PY2016 paid for staff time, fair housing activities, required notices, and other miscellaneous expenses. The City initially funded Administration as $65,500. This funding was reduced to $50,234.38 in order to fund other projects. In addition, due to the utilization of prior year admin funds to hire consultants to complete the five-year consolidated plan (using $35,130.00 from PY2015 Admin Funds) and the Slum & Blight Plan (using $19,500 from PY2014 Admin Funds), both of which were completed and fully drawn down, the City was limited by the Administration Cap of 20% on the use of funds for administrative and planning purposes in a given program year. Accordingly, the City expended $16,339.78 of its allocation of administrative funds. The City is exploring opportunities to reallocate the remaining $33,894.60 from this activity’s fund. Senior Resource Guide: The City obligated $5,000 in PY2015 funds to support this project. The City contracted with a consultant and used all of the allocated funding to complete the project. The product was given to group homes with low-income seniors and distributed to locations that can reasonably be expected to benefit low-moderate income seniors. Over 900 copies of the guide were distributed to seniors in the community. B. Lessons Learned This year provided ample learning opportunities for the City and the CDBG Administrator. Due to changes in staff mid-way through the program year, there was a slow learning curve for the program to get things working smoothly. Procedures in place to manage funds and organize tasks have changed to ensure timeliness and efficiency. However, due to agreement amendments and competitive construction markets, there has been more time than would be ideally spent on administrative processes that were not initially planned. In addition, particularly in relation to procurement processes for construction-related projects, pricing of bids has been much higher than expected or budgeted. As such, our program is trying to find ways to better predict and allocate funding where it will be needed for high-cost, construction- related projects. In addition, we have discussed trying to reduce the number of construction- related projects at one time in order to better meet the needs of those projects in terms of funding and scheduling without limiting or hindering our programs timeliness. Of the many projects in the PY2016 year, only one (VCD Sidewalk Design Project) was unable to move forward due to unforeseen hurdles. This was something we were able to overcome through the use of viable alternative projects, but we hope to institute better grant application and risk assessment procedures BEFORE the development of our annual action plans in order to avoid projects that may show early signs of difficulty, risk, or lack of timeliness. Future years will also come with more stringent plans and more specific subrecipient agreements to help each subrecipient carry out their projects effectively and on-schedule. City of Meridian, Idaho 14 2016 CAPER DRAFT—November 2017 In addition, the City has continued to plan and develop procedures to meet the requirements of the PY2015 timeliness and labor audits. During PY2016, the City met HUD’s timeliness ratio requirements through appropriate planning and mitigation of issues that could have contributed to a second subsequent program year being untimely. The City has also actively worked to develop clear and consistent procedures to ensure program and project compliance with labor regulations. City of Meridian, Idaho 15 2016 CAPER DRAFT—November 2017 SECTION IV Assessment of Annual Progress City of Meridian, Idaho 16 2016 CAPER DRAFT—November 2017 Section IV Assessment of Annual Progress A. Affirmatively Furthering Fair Housing/Analysis of Impediments Summary and Overcoming Impediments The City of Meridian’s Analysis of Impediments to Fair Housing (AI) identifies three primary impediments to Fair Housing Choice and one barrier/observation that relates to Fair Housing. Consistent with the City’s adopted Fair Housing Action Plan (FHAP), the City included activities in the PY2016 Annual Action Plan to address those impediments. The table below identifies the impediment, the associated activities, and the goals and accomplishments for PY2016. FHAP Identified Impediment Activity Goal/Plan Accomplishment Potential resident opposition to affordable housing development Coordinate regional fair housing awareness campaigns and educational efforts $3,000 CDBG Administrative funds CDBG Administrator assisted in the development of the regional fair housing awareness campaign. See below for activities. Community Outreach The Fair Housing Working Group participated in the Fair Housing Forum and helped plan and implement free, state-wide Fair Housing trainings occurring between March 2017 through June 2017 with over 2,000 attendees. Provided $1,000.00 to the City of Nampa to sponsor their landlord training event designed to engage and train property managers in the region on fair housing laws and best practices. Over 150 property managers participated. Limited Public Transportation Opportunities Research grant opportunities to support public transit City staff time committed to this activity. The City has instituted a restricted transportation service for seniors in the community called Harvest Transport. This service is the first publicly-supported transportation service in Meridian and will be used as a litmus test for the usefulness and genuine need for expanded services in the community. City of Meridian, Idaho 17 2016 CAPER DRAFT—November 2017 Meet monthly with the various identified local and regional transportation commissions, committees, and task force. City staff time committed to this activity. City staff attended all applicable meetings. Lack of understanding by developers and landlords about housing accessibility requirements. As part of the regional fair housing awareness campaign, address needs of persons with disabilities, addressing information about reasonable accommodations and service animals. Participate in the regional fair housing awareness campaign The City sponsored the regional awareness campaign and regional landlord training as identified above. Conduct a fair housing training in Meridian specific to landlords. Sponsor Nampa City’s regional landlord training and ensure that Meridian property managers participate. The City of Meridian CDBG Administrator was nominated and elected to serve for another year as the Fair Housing Working Group Chair within the Continuum of Care. In the coming years, the CDBG Administrator will be facilitating many of the above tasks across several levels of government and non-government partners. In addition to the activities identified above, the Mayor had previously made a declaration in 2012 that April was Fair Housing Month in Meridian. Each year during the month of April, posters addressing various issues related to Fair Housing were displayed throughout City Hall. Fair Housing information is available on the City’s website, and the City participates in the Idaho Fair Housing Forum which is a “community of stakeholders dedicated to open and respectful discussion of issues impacting housing consumers, providers and advocates.” The group meets throughout the year to discuss issues affecting not only the Treasure Valley, but the State as a whole. The website ( www.fairhousingforum.org ) provides links to news, events, and other fair housing information. B. Affordable Housing Housing Units: In PY2016 the City partnered with Ada County Housing Authority (ACHA) and NeighborWorks Boise (NWB) to address affordable housing issues. The City allocated a total of $35,000 to ACHA and another $30,000 to NWB for homeownership assistance. ACHA and NeighborWorks provided down payment, closing cost, and principle buy down assistance to low income buyers identified through multiple programs. Through these programs, a total of seven (7) households were assisted during the program year; the Consolidated Plan goal was to assist one household during this year. Because of the emphasis put on affordable housing and homebuyer programs by the City during this Action Plan, the City was able to provide a higher benefit to the community than was originally planned. Please see Table 3B for information regarding Home Owner and Rental Goals and the number of households served in Section 215. City of Meridian, Idaho 18 2016 CAPER DRAFT—November 2017 C. Addressing Worst-Case Needs The City continues to partner with El-Ada Community Action Partnership to provide utility bill assistance through the Meridian Cares Program. Funded with City enterprise revenues (not CDBG), Meridian Cares allows residents living at or below the poverty limit to receive up to $100.00 per year to pay City utility bills (water, sewer, and trash). The program does not differentiate between owners and renters; low-income renters are absolutely (although not exclusively) eligible. The program avoids service interruptions that would otherwise make a housing unit substandard (no water, for example). Also, throughout the next five program years, the City plans to explore and expand home rehabilitation and other public services opportunities, potentially to be funded in future program years, that will help address weatherization, ADA compliance, and other needs of LMI residents in the community. D. Addressing Accessibility Needs The City of Meridian’s Community Development Department, which includes the Building and Planning Divisions, ensures that ADA requirements are met with all new construction and development projects occurring within the City. The CDBG Administrator will look for additional ADA training opportunities to better understand the needs and applications of the CDBG program to ADA compliance. The City also continues to pursue projects like the Centennial Park ADA Restroom Facility and the completed Storey Park ADA upgrade to continue to reach accessibility goals. In addition, the current MDC Sidewalk Design project is aimed to help improve accessibility in areas of the community that are currently inaccessible due to a lack of sidewalks. E. Continuum of Care The City of Boise has taken the lead on outlining an inclusive process to establish and implement a continuum of care strategy for Ada County. The City of Meridian has been actively involved in this process with the CDBG Administrator chairing the Fair Housing Working Group and being very involved in the Performance Management Working Group. As part of this cooperation, City staff was involved in the development of a recent Continuum of Care action plan. In the meantime, Idaho Housing and Finance Association (IHFA) administers HUD Emergency Shelter and Supportive Housing Grant funds that benefit local homeless individuals and providers. Meridian does not currently have any housing facilities to administer services to this population. The City of Meridian maintains contact with El-Ada Community Action Partnership, NeighborWorks Boise (NWB), Boise City/Ada County Housing Authority (ACHA), Idaho Housing and Finance Association, and others interested in homeless and special needs populations and contributes to the dialogue as opportunities arise. Meridian does not administer any programs for individuals with HIV/AIDS. The Idaho Housing and Finance Association (IHFA) contracts with Housing Opportunities for Persons with HIV/AIDS (HOPWA) service providers throughout the State to facilitate affordable housing for persons with HIV/AIDS and their families. ACHA is the HOPWA provider serving Meridian. ACHA’s administration of HOPWA funds is undertaken in accordance with IHFA’s HOPWA policies, City of Meridian, Idaho 19 2016 CAPER DRAFT—November 2017 which are designed to provide resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with HIV/AIDS. The total Continuum of Care Funding for Ada County was $904,489 for fiscal year 2016. There were six projects, four of which were renewed from the previous year. They are as follows: • Coordinated Housing Opportunities & Individualized Services (CHOIS) - $572,327 (PSH) • Shelter Plus Care Region IV - $194,446 (PSH) • ID-500 HMIS Expansion FY2015 - $30,046 • Charitable Assistance to Community’s Homeless, Inc. - $89,670 (RRH) • Coordinated Entry - $18,000 The total Continuum of Care Funding for Ada County was $874,443 for fiscal year 2017. There were six projects, four of which were renewed from the previous year. They are as follows: • Coordinated Housing Opportunities & Individualized Services (CHOIS) - $572,327 (PSH) • Shelter Plus Care Region IV - $194,446 (PSH) • Charitable Assistance to Community’s Homeless, Inc. - $89,670 (RRH) • Coordinated Entry - $18,000 (PSH) Denotes Permanent Supportive Housing (RRH) Denotes Rapid Rehousing F. Other Actions in Strategic Plan/Action Plan: 1. Address obstacles to meeting underserved needs The primary obstacle in Meridian to meeting underserved needs continues to be lack of funding to address all of the identified needs. The City continues to work with its local non-profit partners as well as the other government and quasi-government entities to comprehensively and efficiently address the needs of our community. 2. Foster and maintain affordable housing Please see “Affordable Housing” on page 17 above. The City is working to understand the needs and obstacles for affordable housing developers and how the City might be able to assist in the development of affordable housing units. The completion of the new 2017-2021 Five-Year Consolidated Plan has shed new light on the current barriers to affordable housing that will be addressed in coming program years. While it will be addressed, the City does not anticipate utilizing CDBG funding for this purpose due to the limited amount of CDBG funding the City receives. City of Meridian, Idaho 20 2016 CAPER DRAFT—November 2017 3. Eliminate barriers to affordable housing As identified in the City’s adopted 2012 Analysis of Impediments Report (AI), Meridian’s renter households slightly exceed HUD’s affordability standard of paying no more than 30 percent of its annual income in housing. According to the 2010 ACS data, Meridian renter households were paying approximately 33 percent of their annual income in housing costs. The AI Report also states that there is a rental gap of just over 1,000 units for renters earning less than $25,000. During the PY2016 Annual Action Plan public hearing process, discontent was voiced over the potential of a “low-income” project being built. This provided an opportunity to provide education on the Low Income Housing Tax Credit (LIHTC) development at an elementary level. This also provided the City with a view of NIMBYism in the general area. With NIMBYism being one of the barriers identified in the Analysis of Impediments (in 2012 and 2017), the City of Meridian took the opportunity to turn to the Continuum of Care’s Fair Housing Working Group, Idaho Fair Housing Forum, the City of Boise, and other groups to help foster and enable trainings, presentations, and other advocacy the groups can do to combat NIMBYism. The Fair Housing Working Group is currently working on ways to educate and inform throughout Ada County. Further, the City anticipates continuing the relationship with the LIHTC developer on future projects. 4. Overcome gaps in institutional structure and enhance coordination The City continuously seeks to enhance coordination and overcome gaps in institutional structure. Participation in the Continuum of Care, attendance at IHFA (and other stake- holder related events), and participation in regional coalitions and associations to forward program objectives all work toward the end-goal of enhancing coordination. Plans are also being developed to enhance educational and advocacy opportunities for service providers in the area in regards to the public and political cultures and systems in place in the region. City Staff continues to establish standard operating procedures and guiding documents to monitor the program, track financials, ensure compliance, and address program requirements in a timely manner. 5. Improve public housing and resident initiatives The City does not directly provide these services, but it continues to support Ada County Housing Authority and other providers in improving public housing. 6. Evaluate and reduce lead based paint hazards In September 2014, the City mailed a letter and information brochure about the hazards of lead based paint to all Meridian residents (2,604 households) whose homes were built prior to 1978. The brochure also identified ways for residents and homeowners to reduce the risks of lead based paint exposure. In PY2016 the City continued to provide informational resources on its website about the hazards of lead based paint exposure and ways to mitigate those hazards. The CDBG Administrator will revisit the PY2013 City of Meridian, Idaho 21 2016 CAPER DRAFT—November 2017 mailer program in the coming PY2017 program year to make sure residents stay informed. No other actions were taken during PY2016. 7. Ensure compliance with program and comprehensive planning requirements Staff continues to establish standard operating procedures and documents to guide the program, track financials, ensure compliance, and address program requirements in a timely manner. Program monitoring takes place as a desk-side process with each draw. The activities must comply with the stated requirements of the subrecipient agreements, providing requisite data (e.g. demographic data; payroll) for inspection prior to reimbursement. The CDBG administrator communicates regularly with Community Planning and Development staff to stay on top of requirements related to the CDBG program and is unaware of any major missteps throughout PY2016. The City also understands that this is a very large and multifaceted program, and will continue working to understand its many nuances and address the related requirements that it entails. The CDBG Administrator will also seek out training opportunities in sub-recipient monitoring to grow this portion of the program. 8. Reduce the number of persons living below the poverty level The City focuses primarily on job creation and availability of educational opportunity to reduce the number of persons living below the poverty level. For example, the City, through its Economic Development Administrator, works to recruit new employers and encourage business expansion within Meridian. 9. Leveraging Resources During Program Year 2016, the City was able to leverage additional resources for several different activities. As in previous years, the Meridian Food Bank combined their CDBG funding with the wide variety of other funding sources they have to meet some of the needs within our community. The food bank has developed fantastic partnerships with donors and food stores that allow them to capitalize on ever donor dollar received in support of their operation. The City of Meridian CDBG Administrator has continued to network and integrate into regional coalitions (Fair Housing Forum; Continuum of Care, etc.) and neighboring city counterparts (Boise; Nampa) to benefit from peripheral institutional knowledge. These integrations assist the CDBG Administrator in problem-solving and understanding the nuances of the programs throughout the valley. These knowledge resources enhance the day-to-day operations of the City’s CDBG program. The city has no HOME or ESG funding and therefore listing resources leveraged for those programs is not applicable. City of Meridian, Idaho 22 2016 CAPER DRAFT—November 2017 10. Citizen Comments In addition to the requirements of the Citizen Participation Plan (which is included in the Consolidated Plan), the City took steps to broaden public participation in PY2016. The City expanded its public noticing beyond the required print newspaper notices and utilized social media (e.g.; Facebook, Twitter, NextDoor) and email to reach out to citizens who might not otherwise know about the program. In addition, as part of the new five-year consolidated planning process, the City re-engaged key stakeholders and community members to understand the current goals and priorities of the City in regard to this program. Aside from those comments and findings included in the 2017-2021 Consolidated Plan and PY2017 Annual Action Plan (both which are relevant to the new and pending plans), there have been no formal or informal comments received in regard to the program in PY2016. 11. Self-Evaluation During the fifth year under the most recent Consolidated Plan (2012-2016), the City has succeeded in addressing two of the three identified strategies in that plan directly. The Homebuyer Assistance programs carried out by the Housing Authority and NeighborWorks Boise were especially successful, making homes affordable in the City of Meridian for four (4) families in PY2016. NeighborWorks Boise still has their PY2016 funding to further assist members of the community to meet this goal. This, in conjunction with prior program years’ work from these organizations, contributes to the completion of Objective 1.1. This year’s work with the Boys & Girls Club’s Scholarship Program and Meridian Food Bank’s Hunger Relief work satisfies the goals noted in Objective 2.1. The five-year outcome listed in the consolidated plan was to serve 10,000 residents with public services funded by the CDBG program. Alone, the Meridian Food Bank served 8,137 LMI residents during PY2016. Boys & Girls Club also helped another 22 LMI children with their CDBG-funded services. These numbers, in addition to the prior four program years’ worth of CDBG-funded public service activities, accomplish the five-year outcome goal. During PY2016, the Storey Park restroom facilities ADA improvements project was completed. The construction work concluded in early-summer and has many large potential impacts for nearby LMI residents, particularly for those who are disabled. In addition, the work on the Meridian Elementary School’s Picnic Shelter and Play Field, while not yet completed, has seen substantial progress during PY2016. These projects, again with the help of previous program years’ projects, helped the City to complete the Objective 2.2 outcome of 3 public facilities improved during the five-year planning cycle. For the outcome goals of Objectives 3.1 and 3.2, the City was not able to find service organizations to help address these areas of focus. As mentioned previously, economic development, particularly in the Downtown area of Meridian, has not been a strong focus of the work and efforts of the local CDBG program. Attempts and projects have been proposed and accepted to help meet the public facility (3.2) and employment City of Meridian, Idaho 23 2016 CAPER DRAFT—November 2017 training (3.1) outcomes in the consolidated plans, but none of those projects have gone through. During PY2016, the VCD Sidewalk Design project would have contributed to the completion of one sidewalk facility in the downtown area, but that project, as mentioned previously, was defunded and cancelled due to developer scheduling problems. In addition, the subsequent MDC Sidewalk Design project has begun to utilize PY2016 funds to design and later construct key sidewalks in Downtown Meridian, ultimately contributing to Outcome for Objective 3.2. However, despite not addressing specific downtown public facilities, the completion of the Slum & Blight Plan encompassing the downtown area has helped us take a new look at where there are changes needed. This plan will help inform activities and funding priorities in the downtown area in the coming program years, pending the accepted and official designation of the slum and blight area by HUD. In regard to Objective 3.1, much of the work along these lines has not been an opportunity for the Meridian CDBG program due to a lack of service providers in the area. However, staff members have held meetings with local library officials and other service providers in nearby communities to explore expanding job training and creation programs in Meridian that could potentially require CDBG funding. With that said, the economic development context has been blossoming throughout the community due to the efforts of the Mayor’s office and others in the Community Development Department. And, while no economic development activities have been funded by CDBG monies, Meridian continues to see rampant population, job, and business growth throughout PY2016. All other projects for the year are progressing accordingly. Only the 2015 and 2016 Streetlight projects, Jesse Tree’s Emergency Rental Assistance, and the aforementioned MDC Sidewalk Design, Meridian Picnic Shelter project, and NeighborWorks Boise’s Housing Assistance projects have outstanding funds as of the submission of this document, all of which are being monitored and managed closely by the CDBG Administrator. Each of these projects is expected to help contribute to the five-year strategic outcomes and objectives and be completed by the end of PY2017, according to specific timelines agreed upon by the subrecipients and the City. All of the previously-mentioned projects, and all others open during PY2016, have been monitored according to statutes, regulations, and signed agreements. As noted in each subrecipient’s or contractor’s signed agreements, all projects are subject to certain regulations, reporting requirements, and monitoring. Each project has been closely monitoring by CDBG staff with each submission of a draw down request and monthly progress report. In addition, where required, CDBG staff have been closely involved in the labor monitoring of construction activities for the Storey Park and Meridian Elementary School projects during PY2016. City of Meridian, Idaho 24 2016 CAPER DRAFT—November 2017 Currently, there is no standard monitoring procedure, handbook, or checklist in use by the CDBG project. This is going to be changed in early PY2017 in order to create a clearer and more efficient monitoring procedure. Though, all activities are monitored monthly with the submission of progress reports and drawdown requests. Moving forward, risk assessment may be used to understand which organizations require more intensive and on-site monitoring. These processes will also be reworked to assess the compliance of projects with all relevant regulations and statutes. These processes and procedures will be in place and in practice for all open projects during PY2017. The City continues to work to build better relationships across the Treasure Valley, as well as throughout Idaho and the greater Northwest/Region X. City of Meridian, Idaho 25 2016 CAPER DRAFT—November 2017 SECTION V Program Narratives City of Meridian, Idaho 26 2016 CAPER DRAFT—November 2017 Section V Program Narratives A. Assessment of Relationship of CDBG Funds to Goals and Objectives An assessment of the relationship of CDBG funds to goals and objectives is presented under “Five Year Goals and Objectives” on pages 10-13, and “Self Evaluation” on page 21. B. Monitoring and Program Progress Labor monitoring by HUD, of the City’s labor programs, occurred during PY2015. During this labor monitoring the City became aware of deficiencies and learned a great deal to enhance its monitoring program. These shortcomings led to additional monitoring of individual projects and contractors, including interviews and corrections to documentation and internal procedures. The monitoring and corrective response process took a considerable amount of time during the program year, and continued as the City and HUD wrap up the final portions of the monitoring’s corrective actions. Desk-side monitoring takes place with each activity draw. Boys& Girls Club’s Scholarship Program and Meridian Elementary School’s Picnic Shelter Project were both monitored on-site in PY2016 due to project-specific complexities necessitating further monitoring. All other PY2016 projects were monitored desk-side. As mentioned previously, the City is planning to revamp and clarify its monitoring processes during the first two quarters of PY2017. This will include a clearer and standardized checklist, risk assessment, and legal agreement processes that will improve the consistency and efficiency of the City’s program and activity monitoring. The CDBG program is currently progressing at a sustainable pace. After PY2015’s failure to reach an adequate timeliness ratio by August 2, 2016, the program has since corrected course to have an acceptable timeliness ratio in August, 2017. The program is preparing and working to ensure that, during the future program years, timely expenditure of funds and completion of projects will not be an issue. Procedures, some already in place, that are designed to help reduce the presence of timeliness issues include drafting timeliness requirements, deadlines, and measures in subrecipient agreements; drafting and establishing subrecipient agreements earlier in the program year; and filtering projects during the application process to prioritize projects and organizations with a track record of timely expenditure of funds. Grant disbursements remain timely, and actual expenditures do not differ from the line of credit. The City will work diligently to maintain a steady and sustainable pace and will react with policy changes where needed to make the program more efficient in any area identified as deficient. Information regarding program progress in the area of affordable housing can been found in previous sections “B. Affordable Housing” on page 16 and “11. Self-Evaluation” on pages 21-22. City of Meridian, Idaho 27 2016 CAPER DRAFT—November 2017 C. Changes in Program Objectives The City is not proposing any changes to program objectives at this time. D. Assessment of Efforts in Carrying Out Planned Actions As noted throughout this report, the City pursued the resources indicated in the 2012-2016 Consolidated Plan to the greatest extent possible. Specifically, the City’s coordination with the Boise City/Ada County Continuum of Care and the Fair Housing Forum with U.S. HUD Boise allowed multiple opportunities to discuss and coordinate information from municipalities (Boise, Nampa), state agencies (Idaho Food Bank; Ada County Housing Authority; Ada County Sherriff’s Department; Idaho Housing and Finance, etc.), federal agencies (U.S. HUD Boise; Boise Veterans Affairs) and non-profits (Salvation Army; Charitable Assistance to the Communities’ Homeless; El-Ada Community Action Partnership; etc). These organizations directly or indirectly provide input to the Action Plan process as sister-agencies, responsible authorities or partners in both the creation of the PY2016 Action Plan and the carrying out of activities. Additional partnerships and resources were pursued with the Ada County Highway District, as well as other private developers and business (see Summary of Prior Year Resources and Distribution of Funds in Section II.) The activities carried out during PY2016 were consistent with the strategies identified in the 2012-2016 Consolidated Plan. E. Use of CDBG Funds for National Objectives As outlined in Tables 1 and 2 and in pursuit of the goals set with the Specific CDBG Certification on Overall Benefit for the years 2015, 2016, and 2017, all non-administrative and planning funds expended in PY2016 (81% of total expenditures) met the LMI national objectives. All administrative and planning funds used in PY2016 (19% of total expenditures) also contributed to the functioning of the program to aid only LMI individuals. F. Anti-displacement and Relocation – for activities that involve acquisition, rehabilitation or demolition of occupied real property No activities in PY2016 involved acquisition, rehabilitation, or demolition of occupied real property. G. Low/Mod Job Activities No activities were undertaken in PY2016 related to low/mod job creation. H. Program Income Received No activities in PY2016 generated program income. I. Prior Period Adjustments N/A J. Loans and Other Receivables N/A K. Lump Sum Agreements City of Meridian, Idaho 28 2016 CAPER DRAFT—November 2017 N/A L. Neighborhood Revitalization Strategies N/A M. Certification of Consistency The City of Meridian did sign and provide a certification of consistency for the City of Boise, as the lead agency for Boise City/Ada County Continuum of Care (CoC) funds. The City of Meridian is actively involved with the CoC and has determined that the proposed plans using HUD funds are consistent with Meridian’s strategic plan. N. Did Not Hinder by Action or Inaction The City did not hinder Consolidated Plan implementation by action or willful inaction. City of Meridian, Idaho 29 2016 CAPER DRAFT—November 2017 Appendices City of Meridian, Idaho 30 2016 CAPER DRAFT—November 2017 Appendix A: Tables Joint Table 1C, 2C, and 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho Note: Activities that are not proposed for advancement in PY2016 are included in gray font. Decent Housing with Purpose of New or Improved Availability/Accessibility (DH-1) Specific Objective Source of Funds Program Year Performance Indicators Expected Number Actual Number Percent Completed DH 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Decent Housing with Purpose of New or Improved Affordability (DH-2) DH 2.1 Address the need for affordable housing by supporting a homebuyer assistance program for qualifying households. CDBG 2012 2013 2014 2015 2016 Households 3 1 1 1 1 3 2 7 4 100% >100% % >100% >100 % MULTI-YEAR GOAL 7 16 >100% Decent Housing with Purpose of New or Improved Sustainability (DH-3) DH 3.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Availability/Accessibility (SL-1) SL 2.1 Support public service activities that serve the city’s LMI residents. 2012 2013 2014 2015 2016 People/Residents 2,000 2,000 2,000 2,000 2,000 65,000 59,000 55,000 52,000 7,782 >100% >100% >100% >100% >100% MULTI-YEAR GOAL 10,000 238,782 >100 % Suitable Living Environment with Purpose of New or Improved Affordability (SL-2) SL 2.2 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Sustainability (SL-3) SL 3.1 Invest in public facility improvements that serve person with special needs and low income residents or are located in LMI areas. CDBG 2012 2013 2014 2015 2016 Public Facilities 1 0 1 0 1 0 1 3 1 1 0% >100% >100% 100% 100 % MULTI-YEAR GOAL 3 6 >100% City of Meridian, Idaho 31 2016 CAPER DRAFT—November 2017 Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 1.1 Support public service activities that provide employment training or job creation/retention for the city’s LMI residents. CDBG 2012 2013 2014 2015 2016 People/Residents 10 0 5 5 0 7 70% % % % % MULTI-YEAR GOAL 20 7 35% Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO-1) EO 1.2 Invest in public facility improvements or activities in the downtown area that address one or more the conditions which contributed to the deterioration of the area. 2012 2013 2014 2015 2016 Businesses or public facilities 0 1 0 1 0 % % % % % MULTI-YEAR GOAL 2 % Economic Opportunity with Purpose of New or Improved Sustainability (EO-3) EO 3.1 N/A (Prior CONPLAN Residual) 2012 2013 2014 2015 2016 0 2 % >100 % % % % MULTI-YEAR GOAL 0 2 >100 % Neighborhood Revitalization (NR-1) NR 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Other (O-1) O 1.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % Other (O-2) O 2.1 N/A 2012 2013 2014 2015 2016 % % % % % MULTI-YEAR GOAL % City of Meridian, Idaho 32 2016 CAPER DRAFT—November 2017 City of Meridian, Idaho 33 2016 CAPER DRAFT—November 2017 City of Meridian, Idaho 34 2016 CAPER DRAFT—November 2017 Table 2B Priority Community Development Needs Priority Need Priority Need Level Unmet Priority Need Dollars to Address Need 5 Yr Goal Plan/Act Annual Goal Plan/Act Percent Goal Completed Acquisition of Real Property L Disposition L Clearance and Demolition L Clearance of Contaminated Sites L Code Enforcement L Public Facility (General) H Senior Centers L Handicapped Centers L Homeless Facilities L Youth Centers M Neighborhood Facilities M Child Care Centers M Health Facilities L Mental Health Facilities L Parks and/or Recreation Facilities H Parking Facilities L Tree Planting L Fire Stations/Equipment L Abused/Neglected Children Facilities L Asbestos Removal L Non -Residential Historic Preservation L Other Public Facility Needs Infrastructure (General) H Water/Sewer Improvements L Street Improvements M Sidewalks H Solid Waste Disposal Improvements L Flood Drainage Improvements L Other Infrastructure Public Services (General) H Senior Services M Handicapped Services L Legal Services L Youth Services M Child Care Services M Transportation Services L Substance Abuse Services L Employment/Training Services H Health Services L Lead Hazard Screening L Crime Awareness L Fair Housing Activities L Tenant Landlord Counseling L Other Services Economic Development (General) L C/I Land Acquisition/Disposition L C/I Infrastructure Development L C/I Building Acq/Const/Rehab H Other C/I ED Assistance to For -Profit L ED Technical Assistance L Micro -enterprise Assistance L Other City of Meridian, Idaho 35 2016 CAPER DRAFT—November 2017 Table 3B ANNUAL AFFORDABLE HOUSING COMPLETION GOALS Grantee Name: Meridian, Idaho Program Year: 2016 Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA BENEFICIARY GOALS (Sec. 215 Only) Homeless households 0 0 Non-homeless households 0 0 Special needs households 0 0 Total Sec. 215 Beneficiaries* 0 0 RENTAL GOALS (Sec. 215 Only) Acquisition of existing units 0 0 Production of new units 0 0 Rehabilitation of existing units 0 0 Rental Assistance 0 0 Total Sec. 215 Affordable Rental 0 0 HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 0 Production of new units 0 0 Rehabilitation of existing units 0 0 Homebuyer Assistance 2 4 Total Sec. 215 Affordable Owner 2 4 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 0 Production of new units 0 0 Rehabilitation of existing units 0 0 Rental Assistance 7 12 Homebuyer Assistance 2 4 Combined Total Sec. 215 Goals* 2 16 OVERALL HOUSING City of Meridian, Idaho 36 2016 CAPER DRAFT—November 2017 GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal 7 12 Annual Owner Housing Goal 2 4 Total Overall Housing Goal 2 16 City of Meridian, Idaho 37 2016 CAPER DRAFT—November 2017 Appendix B: Reports All of the listed reports are appended as a separate attachment. PR-03 PR-06 PR-23 PR-26 PR-50 PR-56 PR-83 Section 1 PR-83 Section 2 PR-83 Section 3 PR-84 City of Meridian, Idaho 38 2016 CAPER DRAFT—November 2017 Appendix C: Legal Notices City of Meridian, Idaho 39 2016 CAPER DRAFT—November 2017 Appendix D: Public Comments CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: December 19, 2017 Item # 9C Project Number: Project Name: Community Development Block Grant Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Ordinance No. - n Amencied Ordinance -/-U 1 14 Aegean Subdivision) For Annexation Of A Portion Of The Nw'/4 Of Section 33, Township 4 North, Range 1 West, 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; Establish -ging And Determining The Land Use Zoning C'Inccifirnfinn nf Ar) ?9 Arn-q Cif I and Frnm Pi if Tn R-4. IMPrh im MEETING NOTES u-� APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-122226 BOISE IDAHO Pgs=13 LISA BATT 12/21/2017 04:23 PM CITY OF MERIDIAN, IDAHO NO FEE Re -Record Ordinance17-1755A Amended Ordinance for Aegean Subdivision H-2017-0114 Please Re -Record Ordinance 17-1755A because the Exhibit "B" was not attached to the document and needs to be included. It is now attached for Recording. ADA COUNTY RECORDER Christopher D. Rich 2017-121770 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 12/21/2017 08:02 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 17-1755A BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN AMENDED ORDINANCE (H-2017-0114 AEGEAN SUBDIVISION) FOR ANNEXATION OF A PORTION OF THE NW % OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, 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 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 AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits 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 Investments, 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. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. AMENDED ANNEXATION ORDINANCE — AEGEAN SUBDIVISION (H 2017-0114) Page 1 of 3 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 snap 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. 117 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this j day of Oe6eln / , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 04f , 2017. i MAYO"MY MY de WEERD ATTEST: AMENDED ANNEXATION ORDINANCE — AEGEAN SUBDIVISION (H 2017-0114) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this I -- day of �,) eAM bQr , 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. NOTARY PUBLIC FOR IDAHO RESIDING AT: VA 1AWA2 MY COMMISSION EXPIRES:1�3.ag aOa2 AMENDED ANNEXATION ORDINANCE — AEGEAN SUBDIVISION (H 2017-0114) Page 3 of 3 EXHIBIT A DESCRIPTION FOR PROPOSED R-4 ZONE PROPOSED AEGEAN SUBDIVISION PARCEL A July 27, 2017 A portion of the NW Y4 of Section 33, T. 4N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West'/4 corner of the said Section 33, from which the NW corner of said section bears North 00°32'42" East, 2633.74 feet; thence along the south boundary of the NW '/ of said section South 89° 17'46" East, 899.36 feet to the POINT OF BEGINNING; thence leaving said south boundary North 1904503" West, 435.77 feet; thence North 04°56'34" West, 35.89 feet; thence North 85°03'26" East, 76.93 feet; thence North 40°03'26" East, 14.14 feet; thence North 04°56'34" West, 111.68 feet to a point on a curve; thence 4.32 feet along the arc of a non -tangent curve to the right, said curve having a radius of 326.00 feet, a delta angle of 00°45'34", and a long chord bearing North 74°57'30" East, 4.32 feet to a point of compound curvature; thence 27.27 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 78008'04", and a long chord bearing South 66021'15" East, 25.21 feet to a point of reverse curvature; thence 160.54 feet along the arc of a curve to the left, said curve having a radius of 326.00 feet, a delta angle of 28012'58", and a long chord bearing South 41023'42" East, 158.93 feet to a point of reverse curvature; thence 26.48 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 75°52'06", and a long chord bearing South 17034'08" East, 24.59 feet to a point of reverse curvature; thence 49.14 feet along the arc of a curve to the left, said curve having a radius of 326.00 feet, a delta angle of 08038'10", and a long chord bearing South 16002'50" West, 49.09 feet to a point of compound curvature; thence 96.70 feet along the arc of a curve to the left, said curve having a radius of 176.00 feet, a delta angle of 31028'47", and a long chord bearing South 04°00'39" East, 95.49 feet to a point of tangency; 170320-R-4.docx Aegean Subdivision — AZ, PP H-2017-0114 EXHIBIT A thence South 19045'03" East, 112.36 feet to a point of curvature; thence 104.39 feet along the arc of a curve to the left, said curve having a radius of 86.00 feet, a delta angle of 69°32'44", and along chord bearing South 54°31'25" East, 98.10 feet to a point of tangency; thence South 89017'46" East, 307.46 feet to a point of curvature; thence 26.43 feet along the arc of a curve to the left, said curve having a radius of 326.00 feet, a delta angle of 04°38'43", and a long chord bearing North 88°22'52" East, 26.42 feet to a point of reverse curvature; thence 32.61 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 93024'28", and a long chord bearing South 47°14'16" East, 29.11 feet to a point of compound curvature; thence 8.08 feet along the arc of a curve to the right, said curve having a radius of 374.00 feet, a delta angle of 01014'15", and a long chord bearing South 00°05'06" West, 8.08 feet to a point of tangency; thence South 00042'14" West, 93.49 feet to a point on the south boundary of the NW Y4 of said Section 33; thence along said south boundary North 89°17'46" West, 530.62 feet to the POINT OF BEGINNING. Containing 3.02 acres, more or less. PARCEL B A portion of the NW Y4 of Section 33, T. 4N., R.1 W., 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 00°32'42" East, 2633.74 feet; thence along the south boundary of the NW % of said section South 89°17'46" East, 1591.98 feet to the POINT OF BEGINNING; thence leaving said south boundary North 00°41'26" East, 704.41 feet; thence North 28°54'23" West, 45.16 feet; thence North 54041'28" West, 69.95 feet; thence North 66059'09" West, 72.00 feet; thence North 76°42'52" West, 220.00 feet; thence South 79°49'21" West, 73.82 feet; thence North 10°10'39" West, 106.05 feet to a point of curvature; 170320-R-4.docx Aegean Subdivision —AZ, PP H-2017-0114 EXHIBIT A thence 209.14 feet along the are of a curve to the left, said curve having a radius of 176.00 feet, a delta angle of 68004'58", and a long chord bearing North 4413'07" West, 197.05 feet to a point of compound curvature; thence 85.95 feet along the arc of a curve to the left, said curve having a radius of 826.00 feet, a delta angle of 05057'44", and a long chord bearing North 81'14'28" West, 85.91 feet to a point of reverse curvature; thence 105.57 feet along the arc of a curve to the right, said curve having a radius of 274.00 feet, a delta angle of 22004'34", and a long chord bearing North 73°11'03" West, 104.92 feet,- thence eet; thence North 1317'08" East, 173.92 feet to a point on the existing Meridian city limits boundary; thence along the existing Meridian city limits boundary South 76°44'34" East, 1444.96 feet; thence leaving said the existing Meridian city limits boundary South 13°15'26" West, 136.57 feet to a point of curvature; thence 103.34 feet along the arc of a curve to the left, said curve having a radius of 276.00 feet, a delta angle of 2102713", and a long chord bearing South 02031'50" West, 102.74 feet to a point of tangency; thence South 08011'46" East, 85.88 feet to a point of curvature; thence 249.78 feet along the arc of a curve to the left, said curve having a radius of 176.00 feet, a delta angle of 81018'47", and a long chord bearing South 48°51'10" East, 229.34 feet to a point of tangency; thence South 89°30'33" East, 219.64 feet to a point on the east boundary of the NW 1A of said Section 33; thence along said east boundary South 00°29`28" West, 516.43 feet to the southeast corner of said NW '/d; thence along the south boundary of said NW'/4 North 89017'46" West, 1045.82 feet to the POINT OF BEGINNING. Containing 25.79 acres, more or less, Q,A FJ_ L A NA o .< a 71118 '7( 11 -z- OF C oF5 w H� 170320-R-4.doex Aegean Subdivision — AZ, PP H-2017-0114 EXHIBIT A DESCRIPTION FOR PROPOSED R-8 ZONE PROPOSED AEGEAN SUBDIVISION PARCEL A July 27, 2017 A portion of the NW'/ of Section 33, T. 4N., R.1W., 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 continuing along said west boundary North 00°32'42" East, 1155.35 feet to a point on the existing Meridian city limits boundary; thence along said existing Meridian city limits boundary South 76044'34" East, 876.03 feet; thence leaving said existing Meridian city limits boundary South 13"17'08" West, 173,92 feet to a point on a curve; thence 105.57 feet along the arc of a non -tangent curve to the left, said curve having a radius of 274.00 feet, a delta angle of 22°04'34", and a long chord bearing South 73011'03" East, 104.92 feet to a point of reverse curvature; thence 85.95 feet along the arc of a curve to the right, said curve having a radius of 826.00 feet, a delta angle of 05°57'44", and a long chord bearing South 81°14'28" East, 85.91 feet to a point of compound curvature; thence 209.14 feet along the are of a curve to the right, said curve having a radius of 176.00 feet, a delta angle of 68004'58", and a long chord bearing South 44°13'07" East, 197.05 feet to a point of tangency; thence South 10"10'39" East, 106.05 feet; thence North 79049'21" East, 73.82 feet; thence South 76°42'52" East, 220.00 feet; thence South 66°59'09" East, 72.00 feet; thence South 54041'28" East, 69.95 feet; thence South 28054'23" East, 45.16 feet; 170320-R-8.docx Aegean Subdivision — AZ, PP H-2017-011.4 EXHIBIT A thence South 00°41'26" West, 704.41 feet to a point on the south boundary of the NW Y4 of said Section 33; thence along said south boundary North 89017'46" West, 162.00 feet; thence leaving said south boundary North 00042'14" East, 93.49 feet to a point of curvature; thence 8.08 feet along the arc of a curve to the right, said curve having a radius of 374.00 feet, a delta angle of 01"14'15", and a long chord bearing North 00005'06" East, 8.08 feet to a point of reverse curvature; thence 32.61 feet along the arc of a curve to the left, said curve having a radius of 20,00 feet, a delta angle of 93°24'28", and a long chord bearing North 47°14'16" West, 29.11 feet to a point of reverse curvature; thence 26.43 feet along the arc of a curve to the right, said curve having a radius of 326.00 feet, a delta angle of 04°38'43", and a long chord bearing South 88°22'52" West, 26.42 feet to a point of tangency; thence North 89017'46" West, 307.46 feet to a point of curvature; thence 104.39 feet along the arc of a curve to the right, said curve having a radius of 86.00 feet, a delta angle of 69°32'44", and a long chord bearing North 54031'25" West, 98.10 feet to a point of tangency; thence North 19045'03" West, 112.36 feet to a point of curvature; thence 96.70 feet along the are of a curve to the right, said curve having a radius of 176.00 feet, a delta angle of 31°2847", and a long chord bearing North 04000'39" West, 95.49 feet to a point of compound curvature; thence 49.14 feet along the arc of a curve to the right, said curve having a radius of 326.00 feet, a delta angle of 08038'10", and a long chord bearing North 16002'50" East, 49.09 feet to a point of reverse curvature; thence 26.48 feet along the arc of a curve to the left, said curve having a radius of 20.00 feet, a delta angle of 75052'06", and a long chord bearing North 17°34'08" West, 24.59 feet to a point of reverse curvature; thence 160.54 feet along the arc of a curve to the right, said curve having a radius of 326.00 feet, a delta angle of 28012'58", and a long chord bearing North 41°23'42" West, 158.93 feet to a point of reverse curvature; thence 27.27 feet along the arc of a curve to the left, said curve having a radius of 20.00 feet, a delta angle of 78°08'04", and a long chord bearing North 66°21'15" West, 25.21 feet to a point of compound curvature; 170320-R-8.docx Aegean Subdivision - AZ, PP H-2017-0114 EXHIBIT A thence 4.32 feet along the arc of a curve to the left, said curve having a radius of 326.00 feet, a delta angle of 00°45'34", and a long chord bearing South 74°57'30" West, 4.32 feet; thence South 04°56'34" East, 111.68 feet; thence South 40003'26" West, 14.14 feet; thence South 85°03'26" West, 76.93 feet; thence South 04056'34" East, 35.89 feet; thence South 85003'27" West, 751.65 feet to the POINT OF BEGINNING. Containing 32.74 acres, more or less. PARCEL B A portion of the NW Y4 of Section 33, T. 4N., R.1W., 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 south boundary of the NW'/4 of said section South 89017'46" East, 2637.80 feet to the southeast corner of said NW "/; thence along the east boundary of said NW 1/ North 00029'28" East, 516.43 feet to the POINT OF BEGINNING; thence leaving said east boundary North 89°30'33" West, 219.64 feet to a point of curvature; thence 249.78 feet along the arc of a curve to the right, said curve having a radius of 176.00 feet, a delta angle of 81°18'47", and a long chord bearing North 48051'10" West, 229.34 feet to a point of tangency; thence North 08°11"46" West, 85.88 feet to a point of curvature; thence 103.34 feet along the arc of a curve to the right, said curve having a radius of 276.00 feet, a delta angle of 21"27'13", and a long chord bearing North 02°31'50" East, 102.74 feet to a point of tangency; thence North 13015'26" East, 136.57 feet to a point on the existing Meridian city limits boundary; thence along said existing Meridian city limits boundary: thence South 76°44'34" East, 178.96 feet; thence South 74"47'11" East 175.88 feet; 170320-R-8.doex Aegean Subdivision — AZ, PP H-2017-0114 EXHIBIT A thence South 88019'19" East, 28.12 feet to a point on the east boundary of the NW'/ of said Section 33; thence leaving said existing Meridian city limits boundary, and along said east boundary South 00°29'28" West, 386.36 feet to the POINT OF BEGINNING. Containing 3.76 acres, more or less. \�Np,L Lq NQS 4 � 11118 o F \'D C' ti�©N w 170320-R-8.docx Aegean Subdivision — AZ, PP H-2017-0114 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-90-1(A) CITY OF MERIDIAN ORDINANCE NO. 17- /7 ��A 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 Eat Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of &Ce^be,/ , 2017. ALO NUGUST 11 190? O City of MeMianianz c'`� �pk o y Mayor and City Council By: C. Jay Coles, City Clerk S� First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_ NO Second Reading: r Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- 17 4 �i 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- 175 4 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 ;?D day of P-e�t4tkL-.- , 2017. 1 - William. L.M. Nary City Attorney ORDINANCE SUMMARY - AEGEAN SUBDIVISION (H-2017-0114) Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance No. 17-1758: An Ordinance Of The City Of Meridian In Ada County, Idaho, Amending Meridian City Code Section 5-4-10, Regarding Public Fireworks Display; Adopting A Savings Clause; And Providing An Effective Date. 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 ORDINANCE NO. 19 " I � 5U BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 5-4-10, REGARDING PUBLIC FIREWORKS DISPLAY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code §§ 39-2601 et seq.), specifically Idaho Code § 39-2605, authorizes the City of Meridian to require a permit for a public fireworks display; and WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 5-4-10 shall be repealed, and replaced with language as follows: 5-4-10: PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid City of Meridian Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store dangerous fireworks for the purpose of public fireworks display, or cause dangerous fireworks to be possessed or stored for the purpose of public fireworks display, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose. B. Public fireworks displays shall comply with regulations for the permitted display as regulated by NFPA 1123 Code for Fireworks Display (2014 edition), NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audiences (2016 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience (2011 edition). C. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Name, mailing address, physical address, phone number, and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display. PUBLIC FIREWORKS DISPLAY PERMIT PAGE 1 OF 6 2. Name and address of applicant's, property owner's, and pyrotechnician's registered agent for service of process. 3. Documentation and copies of qualifications of pyrotechnician, including copies of certifications, licenses, and a copy of government -issued photo identification. 4. Date(s) and times of the display, including set up time, display time, and length of show 5. Physical address of site at which public fireworks display is to occur. 6. Site plan, including the following: a. Detailed layout of site, including all separation distance measurements. Separation distances must be compliant with NFPA standard 1123, including minimum secured diameter of site, vertical mortar, angled mortars offset justification, and mortars to special hazards. b. Detailed layout of discharge site, including the location of all devices to be used during show, their required separation distances, and location of controllers. c. Location of all spectator areas. d. Detailed layout of fallout area, including offset measurements. e. Detailed layout of preparation area, including 100 -foot separation distance. L Detailed layout of fireworks storage area, including required separation distances and capacity and dates during which fireworks are to be stored. g. Buildings on or in proximity to the display site. h. Highways, streets, or alleys. i. Special hazard locations (e.g., combustible fuel, flammables, explosives, toxic substances, places of detention and correction, health care facilities). j. Location of possible overhead obstruction locations and utilities. k. Location of area(s) affected by the flame effect device. 1. Types and locations of required fire extinguishers and supplemental fire protection features. 7. Description of fireworks to be used in the display, including: a. Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used, including classification (e.g., aerial shell, cake, mine, salute, ground display piece, comet, lance, etc.), type of match to be used (e.g., black, electric, quick match, etc.), and whether the fireworks are to be chain fused or individually shot. b. Detailed list of flame effects to be used per show which shall include classification of effect (e.g., gas mine, ghost mine, etc.). c. Detailed list of lift charges for gas mines including grams, type of powder, sealing method of charge, fuel type (e.g., gas, diesel, mixture, cremora, LPG, etc.), and type of match used. d. Diagram of the mortar for flame effects showing pipe schedule size, wall thickness, height, width, and securing methods. e. Diagram of the mortar racks detailing elevation of rack (if raised location provide elevation) rack location (ground, trailer, stand, etc.) construction elements of rack, PUBLIC FIREWORKS DISPLAY PERMIT PAGE 2 OF 6 mortar pipe schedule including type, size, wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA standard 1123. 8. Written copies of each and all of the following: a. Procedure for sequence of operations for ignition of fireworks and flame effects, including ignition method (electronic, manual, automatic, etc.); controller manufacturer, model, and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition (fusee, torch, portfire, etc.). b. Communication plan and methods between the permit holder, property owner, and pyrotechnician before, during, and after the display. c. Safety plan, including protocols for: 1. Stopping the show for emergency response personnel, catastrophic failure, operator injury, hazardous debris falling on spectators, hazardous conditions identified by the Meridian fire chief or designee, and crowd control issues. 2. Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep. 9. A certificate of insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company licensed to do business in Idaho. 10. Application fee. 11. Fire department inspection fee. D. Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Fire Chief or designee, who shall review the application to determine the validity and completeness of the information therein. The Fire Chief shall make findings on the application and return it to the City Clerk for issuance or denial. E. Upon receipt of the findings of the fire chief or designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian Public Fireworks Display Permit to the applicant, or deny the application. Where the City Clerk denies an application for a City of Meridian Public Fireworks Display Permit, the City Clerk shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. F. The city clerk shall deny an application for a Public Fireworks Display Permit where: PUBLIC FIREWORKS DISPLAY PERMIT PAGE 3 OF 6 1. The application is incomplete or required application materials or fees have not been submitted within thirty (30) days from receipt of a partial application; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws, regulations, or standards; or 4. The pyrotechnician does not have the requisite qualifications, certifications, and/or licenses for public fireworks displays, as set forth in NFPA provisions referenced above. G. Appeal of the City Clerk's issuance or denial of an application for a City of Meridian Public Fireworks Display Permit may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. H. The City Clerk, Fire Chief, or designee may revoke a City of Meridian Public Fireworks Display Permit where: 1. The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit. 2. The permit is used by a different party than the party to whom it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 5. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. 6. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. I. Revocation shall be effective pursuant to one of the following procedures: 1. The City Clerk or designee may notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Public Fireworks Display Permit application. Such revocation shall be effective immediately upon mailing by the city clerk. 2. The Fire Chief or designee may summarily revoke the Public Fireworks Display Permit at any time, where he finds that the permitted fireworks display is to be conducted in a manner or under conditions which are or may pose a heightened risk of. fire, injury, or threat to public health, safety, or property. Such revocation shall be effective immediately upon verbal notice of to the permitee or pyrotechnician. Within two (2) working days of such summary revocation, the Fire Chief, City Clerk, or designee shall PUBLIC FIREWORKS DISPLAY PERMIT PAGE 4 OF 6 send written notification of such revocation and the grounds therefor to the permittee, and shall mail such notice to the applicant at the mailing address set forth in the Public Fireworks Display Permit application. Appeal of a revocation of an application of a City of Meridian Public Fireworks Display Permit may be made by the permitee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of the date of mailing such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. Section 2. It is hereby declared to be the legislative intent that the provisions and parts of this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 4. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this Kqday of L)e6&6,& , 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this lel qday of 0e6?n 6-e-,,- .2017. APPROVED: Tammy.67V0erd, Mayor p AUGU ATTEST: GtiiP�t ST? j� V ci�tptAN�-- _ ay C s, City Clerk PUBLIC FIREWORKS DISPLAY PERMIT PAGE 5 OF 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-`901(A) ('/ CITY OF MERIDIAN ORDINANCE NO. 17- / ? 1 �5 AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 5-4-10, REGARDING PUBLIC FIREWORKS DISPLAY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. _QD AUG(/S21 cC' O �G City of �-P Ci of/ dian Mayor and City Council ` ' F< By: C.Jay Coles, City Cleric -- First Reading: IV/ r vl / �017 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50- 902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 17- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this �� day of C , 2017. William L.M. Nary, City Attorney PUBLIC FIREWORKS DISPLAY PERMIT PAGE 6 OF 6 Meridian City Council Meeting DATE: December 19, 2017 ITEM TITLE: ITEM NUMBER: 1 PROJECT NUMBER: Ordinance No. 17-1759: An Ordinance Of The City Of Meridian In Ada County, Idaho, Repealing And Replacing Title 4, Chapter 2, Meridian City Code, Regarding Nuisances, Specifically: Definitions; Responsible Party; Procedures And Penalties For Abatable Nuisances; Procedures And Penalties For General Nuisances; Hindering Authorized Person; Adopting A Savings Clause; And Providing An Effective Date. 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 ORDINANCE NO. ) I " M 15q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING AND REPLACING TITLE 4, CHAPTER 2, MERIDIAN CITY CODE, REGARDING NUISANCES, SPECIFICALLY: DEFINITIONS; RESPONSIBLE PARTY; PROCEDURES AND PENALTIES FOR ABATABLE NUISANCES; PROCEDURES AND PENALTIES FOR GENERAL NUISANCES; HINDERING AUTHORIZED PERSON; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 50-317, cities are empowered to cause all sidewalks and alleys to be cleared of snow, ice, rubbish, and weeds, and to abate nuisances on private property within the city, and to assess the cost thereof against the property so abated; WHEREAS, in addressing abatable nuisance conditions, the City's primary objective is the expedited abatement of same, with the deterrence of ongoing or repeated incidences of such nuisance conditions through criminal prosecution and penalties as a secondary enforcement tool; WHEREAS, in addressing general nuisance conditions, the City's primary objective is deterring ongoing or repeating incidences of such nuisance conditions through criminal prosecution and penalties; WHEREAS, the City Council of the City of Meridian finds that these updates to the City of Meridian Nuisance Code are in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 4, Section 2, Meridian City Code, shall be repealed, and replaced with language to read as follows: 4-2-1: DEFINITIONS: A. GRAFFITI: Any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched, scratched, drawn, or painted on any real or personal property or improvement, including, but not limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or signs, whether such property is public, private, temporary, or permanent, without the consent of the owner of such property or the owner's authorized agent, and which inscription, work, figure, symbol, drawing, mark, or design is visible from any publicly accessible location. B. JUNK VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; UPDATES TO NUISANCE CODE PAGE 1 OF 6 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or 4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. C. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. Nuisances shall include, but shall not be limited to, the following conditions designated as abatable nuisances and as general nuisances: 1. ABATABLE NUISANCE: Nuisance conditions that may be abated by the city in accordance with the provisions of this chapter, specifically including, without limitation, the following nuisance conditions: a. Nuisance weeds. b. Graffiti, on any surface. c. Snow or ice on any public sidewalk abutting or adjoining any privately owned premises. d. Vegetation, other than trees, that impedes or obstructs a public sidewalk or roadway. 2. GENERAL NUISANCE: Nuisance conditions that may lead to criminal charges without any prior attempt by the city to obtain abatement thereof, specifically including, without limitation, the following nuisance conditions: a. Nuisance materials on the ground, except that this definition shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right of way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the city or other governing authority. b. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the city or other governing authority. c. One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 11 of this code. d. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. e. Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. f. Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. g. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. h. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property due to increased fire hazard or other hazard. i. Any nuisance condition not otherwise enumerated in this chapter. UPDATES TO NUISANCE CODE PAGE 2 OF 6 D. NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides. E. NUISANCE WEEDS: Undesirable plant growth, whether living or dead, which: 1. Is over eight inches (8") in height; 2. By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; 3. By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway or any portion thereof, or 4. Is designated as a noxious weed by the state of Idaho. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. 4-2-2: RESPONSIBLE PARTY: Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. 4-2-3: ABATABLE NUISANCES; PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to abatable nuisances. B. Abatable Nuisance Unlawful. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any abatable nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right of way, or infrastructure, including sidewalks, streets, gutters, or storm drains. C. Procedure: If it is determined by a code enforcement officer that an abatable nuisance exists, the code enforcement officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: 1. By personal service upon such owner, occupier, or person in charge or control of the property; or 2. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or UPDATES TO NUISANCE CODE PAGE 3 OF 6 3. By posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of the city that the property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property. D. Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any abatable nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication, except that the code enforcement officer may require summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety. Abatement of graffiti shall meet the following standards: 1. The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains apparent. 2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon which such graffiti was applied. 3. If the surface is heavily covered with graffiti, the entire surface shall be repainted. E. Appeal: Within five (5) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the subject property may appeal to the city council by filing a written appeal with the city clerk, which appeal shall enumerate the grounds for appeal. The city clerk may schedule such appeal for hearing at the next regular meeting of city council. City council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the city council shall be final. If city council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. F. Criminal Penalties: If, following notice of violation and order to abate, any person allows the existence of an abatable nuisance, such person shall be guilty of a misdemeanor. Each and every day in which any such violation continues may be deemed a separate offense. Upon conviction for a violation of this section, the city shall request from the criminal court an order of restitution for any and all costs of abatement and/or other related costs incurred by the city. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this section. G. Civil Penalties: In addition to any other penalties described in this section, the city may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. H. Abatement; Administrative Penalties: In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any abatable nuisance where the owner, occupant, agent or person in control of property does not comply in all respects with an order to abate, the code enforcement officer may abate or cause the abatement of such nuisance. The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to the following procedures: UPDATES TO NUISANCE CODE PAGE 4 OF 6 1. Recovery of Abatement Costs And Fees: Within thirty (30) days of abatement of the nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to city the costs of abating the nuisance and administrative fee as established by fee schedule. 2. Nonpayment of Abatement Costs: If full payment is not made to city within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the city may: a. Attempt to recover such amount through the city bill collection procedures; b. Add the amount due and owing to the municipal utility service account related to the property on which the nuisance was abated and collect such amount in accordance with utility bill collection procedures; and/or c. Levy a special assessment against the subject property pursuant to Idaho Code sections 50- 1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (3 0) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the city clerk is not made within thirty (30) days after mailing the notice of special assessment, the assessment shall be declared delinquent and shall be certified, including a ten percent (10%) late fee, to the Ada County assessor by the city clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other city taxes. Upon payment of the assessment, fees and penalties in full, the city clerk shall file a release of lien with the Ada County assessor. I. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety. J. Noxious Weeds: In addition to other remedies set forth in this chapter, the code enforcement officer may notify Ada County of the presence of any noxious weeds. 4-2-4: GENERAL NUISANCES; PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to general nuisances. B. General Nuisance Unlawful. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any general nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right of way, or infrastructure, including sidewalks, streets, gutters, or storm drains. UPDATES TO NUISANCE CODE PAGE 5 OF 6 C. Criminal Penalties: Any person who causes, creates, or allows the existence of any general nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this section. Issuance of notice of violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation under this section. D. Civil Penalties: In addition to any other penalties described in this section, the city may also take civil action to obtain an order mandating the abatement of such general nuisance and ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. E. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a general nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-2-5: HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city official or employee to enter upon private or public property to enforce the provisions of this chapter. Section 2. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this �tl Pday of o e , 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this �day of 0? 2017. AUGUSft\ APPROVED: �°� 0 U City of=' 0�4 Tammy eerd, Mayor ATTEST: /--4 - C ay CoAd City Clerk UPDATES TO NUISANCE CODE PAGE 6 OF 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- i % lel AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING AND REPLACING TITLE 4, CHAPTER 2, MERIDIAN CITY CODE, REGARDING NUISANCES, SPECIFICALLY: DEFINITIONS; RESPONSIBLE PARTY; PROCEDURES AND PENALTIES FOR ABATABLE NUISANCES; PROCEDURES AND PENALTIES FOR GENERAL NUISANCES; HINDERING AUTHORIZED PERSON; ADOPTING A SAVINGS CLAUSE; AND PROVIDING FECTIVE DATE. City of Vll�'K/l lYlVl ll./1GL11 �� SEAL � Mayor and City Council F� By: C.Jay Coles, City Clerk First Reading: 0V /V �17 Adopted after first reading by suspension of the Rule as allowe pursuant to Idaho Code § 50-902: YES A NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- % The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 17-/7�f 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 f ei day of ----.52017. William L.M. Nary, City Attorney UPDATES TO NUISANCE CODE PAGE 7 OF 6 Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Urclinance No. - n Urclinance (AZ 15-0 12 village Apartments) For Annexation And Rezone Of A Parcel Of Land Located In The Sw'/4 Of The Nw'/4 Of Section 4, 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 npfi-rmininn ThA I rind I IcA 7nninn C'Inccifirnfinn C)f Cniri I nnrlc 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 2017-121771 BOISE IDAHO Pgs=52 BONNIE OBERBILLIG 12/21/2017 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (AZ 15-012 VILLAGE APARTMENTS) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SW 1/ OF THE NW 1/a OF SECTION 4, 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 RUT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits 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 : GFX— Meridian Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT 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 snaps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — VILLAGE APARTMENTS (AZ 15-012) 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 Oel�WW , 20t-7. 7 APPROVED BY THE , M_,2017. AYOR OF THE CITY OF MERIDIAN, IDAHO, this day of W � Ute' , 2017 . 13 C.JXY COLWS, CITY CLERK "�j,D /,Ucusrl oC YO city 0 Ali 0 de WEERD ANNEXATION — VILLAGE APARTMENTS (AZ 15-012) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this A day of NaMbW , 20j_j, 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. ••••titNE k,••,•C)mkA 10ax S 'TA10 •: NOTARY PUBLIC A, IS) ( O ,'.,� RESIDING AT: MY COMMISSION EXPIRES: 3 -a-q • ply, 4n of �••. ANNEXATION — VILLAGE APARTMENTS (AZ 15-012) Page 3 of 3 EXHIBIT A Legal Description and Exhibit Map for Proposed Annexation 5w tl;ootrh Land 5urveyingf LLC • '0305Peva.. nMme,tt. 0 63E 17 July 28, 2015 Annexation Legal A parcel of land located in the SW114 of the NVV1/4 of Section 4, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 0°35'47" West, coincident with the west fine of the NW1/4 of said Section 4, a distance of 1517.50 feet to the POINT OF BEGINNING; Thence South 89119'30" East, 185.00 feet; Thence South 0°35'47" West, parallel with said west line of the NW114 of Section 4, a distance of 90.00 feet; Thence North 891119'30" West, 185.00 feet to said west line of the NW1/4 of Section 4, a distance 185.00 feet; Thence North 0135'47" East, coincident with said west line of the NW114 of Section 4, a distance of 90.OD feet to the POINT OF BEGINNING. The above described parcel contains 0.38 acres more or less. 015115065 -CMG -VILLAGE COMPS EkDra% ings1Dascriptlons1i5D65-ANNEX LEGAI..doox qe 11 Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 EXHIBIT ,$ Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 32133 i E. UST(CK ROAD T. 4 N. 5 14 T. 3 N. O 1` 0 W Q� W i s O V, t— t A 1 I r—POB i r 589°1930"E 185..00' w � o 0.38Ac.*NL LA O E,N � N89°19'30" W (85.0(1' ` 14 c„� f w mti a co � 5 4 ! E. RIVER VALLEY ST. FND BRASS CAP »'rs PROJECT. OWNEROE-VELOPER: 2030 S. WASHINGTON AVE. I owG# 2?00 N, EAGLE— ROAD. BART L. BRYSON �.. EMMETT, (D 83$17 15065 pRCJecna VILLAGr- C:ONiPt_EY, P. (208)398-8904 APN S110423364-2 i (�� �� r� F: (206) 398-8105 15005 -ANNEXATION MAP VWM.SAINT00TNLS.00M 1oF� Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER , In the Matter of the Request for a Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses; Annexation and Zoning of 0.38 of an Acre with a C -G Zoning District; and Conditional Use Permit for a Multi-Fimily Development Consisting of 335 Dwelling Units on 16.68 Acres of Land in a C -G Zoning District, by DevCo. Case No(s). NIDA --15.011; ,AZ -15-012; CUP -15-019 For the City Conned Hearing Date of: December 1, 2015 (Findings on December 15, 2015) A. Findings of fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 1, 2015, 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 Irnpact 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 CIerk and then a copy served by the Cleric upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CrrY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-011; AZ -15-012; CUP -15-019 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 1, 2415, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of December 1, 2015, attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1, 2015, attached as Exhibit A. 3. `/'he, applicant's request for conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use pen -nits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11 -5B -GF). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (IIDC l I -SB -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requcsted to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FT9DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-011; AZ -15-012; CUP -15-019 - 2 - 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 trust be in writing, and must he 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 die time period within which a Petition for hidicial 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 December 1, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), MDA -15-011; AZ -15-012; CUP -I5-019 - 3 - j By action of the City Council at its regular meeting held on the day of 2415. COUNCIL PRESIDENT KEITH BIRD V0TSD—q0— COUNCIL VICE PRESIDENT .TOE GORTON VOTED [% COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED --k COUNCIL MEMBER Tar PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTEDlt1k� COUNCIL MEMBER GENESIS MILAM VO'T'ED MAYOR TAMMY de WEER_D VOTED (TIE BREAKER) a eerd rn Ar1�� Attest: Ot • r. f �9 c:�ry nd E f TlD AN _ �naein aycee olman � SAL City Clerk T41,15��'4. Copy served upon Applicant, The Planning Division, Public Works Department and City Attomey. By - Dated:���y�j City Cli CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). NIDA -15-011; A7--15-012, CUP -15-019 - 4 - EXHIBIT A STAFF REPORT HEARING DATE: December 1, 2015 E ILIA V � ~, TO: Mayer & City Council I FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: MDA -15-011; AZ -15-012; CUP -15-019 — Village Apartments I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, has submitted an application for a modification to the existing development agreement (MDA), annexation and zoning (AZ), and conditional use permit (CUP). A modification to the existing development agreement (Instrument No. 104129529) is proposed to include a conceptual development plan for the property and to remove the requirement for detailed conditional use permit approval of future uses. The applicant proposes to annex and zone 0.38 of an acre of land from the RUT zoning district in Ada County to the C -G zoning district in the City. The conditional use permit is for a multi -family development consisting of 336 dwelling units on 16.68 acres of land in a C -G zoning district, as required by UDC Table 11-28-2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, AZ and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on November 5, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: L In favor: Jim Conger, Applicant's Representative ii. In opposition: None W. Commenting: Martin McWilliams; Brenda Ross; Dick Ross; Mark Rogers; Ann Sorensen iv. Written testimony: Jim Conger, Applicant's Representative v. Staff presenting application: A. Other staff commenting, on application: None b. Key Issue(s) of Discussion by Commission: L Concern in regard to the project's compliance with open space standards. c. Key Commission Change(s) to Staff Recommendation: L Modify condition 41.1.5 as follows: "A 35 -foot wide buffer and 10 -foot wide pathway is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase (commercial portion) of the development; and a 20 -foot wide buffer is required along N. Records Avenue, a collector street, with the first phase (residential portion) of the development and prior to issuance of the first Certificate of Occupancy for each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11-313-7C." Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 1 EXHIBIT A ii. Include a new condition requiring the existing structures on the site to he removed prior to issuance of the first Certificate of Occunancv for the site (see condition ##1.1.9). d. Outstanding Issue(s) for City Council: L None r M_ II aI PRIOR �1'111+_r r r I r rr l wrr 4 ,. r r r rrrr II \rr• n r r l I i rrr.�i, rrr it ■ f �• rrrr�•r �_� ri :_� =iii �+�' r ► r 1 � � r r Ir IW r r.i lrI r I' rr _i i_.t�• r_ rrlr�.. .r .. rr u'r._ rt - - ►ir III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA -15- 011, AZ -15-012 and CUP -15-019, as presented in the staff report for the hearing date of December 1, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, 1 move to deny File Numbers MDA -15- 011, AZ -15-012 and CLAP -15-019, as presented during the hearing on December 1, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers MDA -15-011, AZ -15-012 and CUP -15-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) far continuance.) I'V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: MDA & CUP: The site is located at 2600 N. Eagle Road, in the NW '/4 of Section 4, Township 3 North, Range 1 East. (Parcel No. 51104233710) AZ: The site is located at 2700 N. Eagle Road, in the NW/4 of Section 4, Township 3N., Range 1E. (Parcel No. 51104233642) B. Applicant: DevCo 4524 W. Fairview Ave. Boise, TD 83706 C. Owner: Bart Bryson 2600 N. Eagle Road Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 2 EXHIBIT A Meridian, ID 83646 D. Applicant's Statement/Justification- Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning, and conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on the AZ and CUP requests; and before the City Council on the MDA request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 19 and November 2, 2015 (Commission); November 9 and 23, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: October 15, 2015 (Commission); November 6, 2015 (City Council) D. Applicant posted notice on site(s) on: October 27, 2015 (Commission); November 20, 2015 (Cit}± Council VI. LAND USE A. Existing Land Use(s): The annexation area consists of a residential parcel, zoned RUT in Ada County; and another related undeveloped parcel, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Various retaillrestauranticomrncrcial uses and land approved for a multi -family residential development (Verraso), zoned C -G South: A restaurant (Great Wall), zoned C -G; and land approved for multi -family residential apartments (Regency at River Valley Phase 2), zoned R-40 East: Rural residential properties, zoned RUT in Ada County West: N. Eagle Road; undeveloped property, zoned C -G; and single-family residential property, zoned R-2 C. History of Previous Actions: The 16.44 acre portion of this site that makes up the MDA and CUP applications was annexed in 2003 (AZ -03-021, Redfeather Estates No. 2) with a development agreement (Instrument No. 104129529) as a pathway of annexation for the Redfeather Estates development to the east. This site has remained a residential/agricultural property since that time. A property boundary adjustment (PBA -14-005) was approved in 2014 which reconfigured the southern boundary of this site. The record of survey was recorded as ##9983. D. Utilities: 1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject site currently exists at the southwestern corner of the project along the White Drain. 2. Location of water: A Water main intended to provide service to the subject site currently exist at the southwestern corner of the project along the White Drain. Additional mains are either planned or are currently being installed adjacent to the north boundary, south boundary, and cast boundary. 3. Issues or concerns: None Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 3 EXHIBIT A E. Physical Features: 1. Canals/Ditches Irrigation: The Milk Lateral crosses the northeast corner of this site. 2. Hazards. Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. V11. COMPRERENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as Mixed Use - Regional (MU -R). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU -R designation provide an incentive for larger public and quasi -public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU -R plan depicted in Figure 3-5 of the Comprehensive Plan. The subject property is located adjacent to N. Eagle Road, between E. Fairview Avenue and E. Ustick Road, both major arterial intersections. The proposed multi -family development will integrate with the existing and future multi -family housing, retail, restaurant and commercial uses in the area and support these uses. The site is located within a'/d mile of The Village and Kleiner Park which provide a regional draw. This site is proposed to develop with high-density residential uses at a gross density of 29.5 dwelling units per acre (d.u./acre). The proposed development consists of 336 dwelling units on 16.68 acres of land. The proposed use should contribute to the mix of housing opportunities in this area adiacent to retail, employment and restaurant uses near major intersections (N. Eagle Road & E. Ustick Road and N. Eagle Road & E. Fairview Avenue), consistent with the plan for MU -R designated areas. Staff finds the following Comprehensive Pian policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-farruly arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development," (3,07,03B) The proposed high density multi family residential development will contribute to the variety of housing types available within this part of the City and offer rental options.for I and 2 bedroorn units. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site. "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, love walls, berms, etc.) A 35foot wide landscaped street buffer is required along N. Eagle Road an entryway corridor; and a 20 foot wide buffer is requited along the future extension of N. Records Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 4 EXHIBIT A Avenue, a collector street. Commercial pads are proposed along the frontage of the site on Eagle Road,therefore, berms or walls aren't necessary as a buff er from the state highway. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed multi family residential development should be compatible with existing and future multifamily residential uses to the north and south. There are three rural residential properties to the east across from this site but the homes are located approximately 600 feet from the east property line of the site, therefore, the proposed development should not directly impact these residences. "Encourage infill development." (3.01.028) The 0.24 of an acre parcel proposed to be annexed is an enclave surrounded by City annexed land; the remainder of the site is undeveloped. Development of the subject property will allow city .services to be extended to this site as planned. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The applicant proposes one access for the site via N. Records Avenue, a collector street, along the east boundary of the site; no direct access via N. Eagle Road/5`H 55, an arterial street and state highway is proposed. The other accesses proposed are via crass -access easements from adjacent properties to the north and south. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) Internal pedestrian pathways and sidewalks are proposed within the multi family portion of the development, Pedestrian connections should also be provided between the residential and future commercial development to the west and the residential developments to the north and south. "Locate high-density development, where passible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.62, pg. 55) The proposed high-density development is located near a major access thoroughfare [N. Eagle Road (State Highwav 55), E. Ustick Road and E. Fairview Avenue] and is within walking distance of Kleiner Park, a 60 acre City Park, and The Village at Meridian .shopping center to the south. "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." (3.07.0113) The proposed 1 and 2 bedroom apartments will contribute to the variety of residential housing options and rental prices available within the City. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) .Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. "Provide housing options close to employment and shopping centers." (3.07.02D) This site is located along a major retaillcommercial corridor (Eagle Road) within the City. High density residential development is desired in this area to support the employment and Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 5 EXHIBIT A retail/restauranticoinmercial uses. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be an integral part of the MU R designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Properties within the C -G district are typically in close proximity and/or have access to interstate or arterial intersections. Allowed uses are the largest scale and broadest mix of retail, office, service, and light industrial uses. B. 'Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C -G zoning district. The proposed multi -family development is listed as a conditional use. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this property. Retail and restaurant uses are listed as principal permitted uses in the C -G district. C. Dimensional 'Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -G zoning district apply to development of this site. D. Landscaping Standards (UDC 11-313); The standards for landscaping contained in UDC 11-313 and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in 1-4-3-27C andl 1- 4-3-27D. The standards listed in UDC 11-3G-3 do not apply to development Qf this site because the property is not in a residential district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): The existing development agreement (DA) (instrument No. 104129529) for the subject property requires, "Any future uses of the property to be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other ley land planning issues is required prior to any detailed CUP applications being submitted on either of the subject parcels." The applicant requests a modification to the DA to remove the requirement for CUP approval of all uses and to include a conceptual development plan for the property. A CUP would still be required for uses that are listed as a conditional use in the C -G district per UDC Table 11-2B-2. The applicant also requests to include the 0.24 of an acre parcel included in the concurrent annexation and zoning request in the DA as part of the modification. The proposed conceptual development plan depicts (3) retail/cornrnercial building pads along the frontage of N. Eagle Road; (1) retail building east of the building pads; and a multi -family development on the eastern portion of the site with associated garage and carport structures, a Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 6 EXHIBIT A clubhouse, storage units and other site amenities (see Exhibit A.2). All of the proposed uses are consistent with those desired in MU -R designated areas. As required by the DA, the proposed concept plan depicts a private backage driveway parallel with Eagle RoadISH 55 at the rear of the commercial building pads that connects into the property to the north (an access via Eagle Road is located at the southwest comer of -tile property to the north); interconnectivity and transition in uses between parcels to the north and south; and access points. Staff recommends pedestrian interconnectivity is also provided where feasible. Note: A driveway connection is not proposed to the south at the southwest boundary of the site to the Great Wall property because when the Great Wall developed it was not deemed feasihle or necessary to rewire the construction of a bridge across the South Slough because the subject property would have aecess via Records Avenue and Eagle Road (via the property to the north) and the Great Wall property would ultimately have access via E. River Valley Street to the south. Staff believes the future retail/commercial uses along the frontage of the site on N. Eagle Road/SH 55 will provide a buffer to the residential uses from the state highway and the proposed multi -family development on the eastern portion of the property will be compatible with the multi -family developments approved but not yet constructed to the north and south. In summary, Staff believes the proposed concept plan demonstrates interconnectivity, access, transition in uses, and the provision of a backage road as required by the DA. Therefore, staff recommends approval of the proposed modifications. Because the property governed by the subject DA also includes the Great Wall property to the south at 2590 N. Eagle Road (formerly the Schrammeck property), Staff recommends a neve DA is required that is applicable only to the property that is the subject of the AZ and CUP applications per the provisions listed in Exhibit A.6. ANNEXATION (AZ): The applicant proposes to annex and zone the 0.35 of an acre parcel of land on this site that fronts on N. Eagle Road with a C -G zoning district. As discussed above in Section VII, staff believes the proposed zoning and development is consistent with the goals and policies in the Comprehensive Plan and with the MU -R FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2, which depicts how the site is proposed to develop with a retail/commercial building pad. The legal description submitted kN ith the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The City may require a development agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. The applicant requests the subject property is included in the existing DA (instrument No. 104129529) that governs development of the remainder of the site and also the Great Wall (fka Schrammeck) property to the south. Instead, Staff recommends a new DA is required for the subject parcel to include the land that is the subject of the concurrent CUP request:, in accord with the provisions listed in Exhibit A.G. Staff has included provisions in the new DA that are still applicable to this site from the existing DA. CONDITIONAL USE PERMIT (CUP): A CLIP is requested for the development of retail/commercial and multi -family residential uses on the subject 16.62 acre property in the C -G zoning district. The current DA requires any future uses on the property to obtain CUP approval. The UDC (Table 11-213-2) also requires CLIP approval for a multi -family development in the C -G zoning district. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 7 EXHIBIT A The retail/commercal portion of the development is proposed to consist of (3) retail/commercial building pads consisting of 3,500, 4,000 and 7,000 square feet (s.f) along the frontage of N. Eagle Road and (1) 14,000 s.f. retail building east of the building pads on a total of 5.23 acres of land. The commercial portion of the site is not proposed to develop at this time. The multi -family residential development is proposed to consist of 336 dwelling units within (11) 4 -story structures [(10) 32-plexes and (1) 1 b-plex] on 11.39 acres of land on the eastern portion of the site fronting on N. Records Avenue. The units will consist of 1- and 2 -bedrooms containing 500-800 s.f. and 800-1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, great room, a pool room and bike storage with a covered patio. Associated garage and carport structures, and (2) 18 -bay storage unit structures are also proposed (see site plan in Exhibit A.2). All of the proposed uses are consistent with those desired in MU -R designated areas and are allowed in the C -G district; the multi -family residential use is allowed as a conditional use. Specific Use Standards.: The specific use standards for multi -family developments listed in UDC; 11-4-3-27 apply to development of this site as follows: (Staff's comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. Private useable opera space in accord with UDC standards is proposed for each unit in the form ofprivate patios and balconies. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development, The property management office is proposed within the clubhouse; a central mailbox location is proposed within the common area by the clubhouse; and a maintenance storage area is located within the garage structure on the west side of the common area where the swimming= pool is proposed. A directory Wrap of the development should be provided at the main entrances to the development. At a minimum, 250 s.f of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units contain between 504 and 1,200 .square feet of living area. Therefore, a minimum ref 84, 444 s; f. (or 1.92 acres) of common open space is required to be provided_for the development. 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 84,097 s.f. of common open space proposed. However, it appears area has been included in this calculation that does not meet the minimum requirements fir qualified open .space. Prior to the Commission meeting, the applicant should submit a detailed plan with calculations demonstrating compliance with this standard For multi -family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 336 units are proposed, more than 4 amenities should be provided far the site with at least one from each category (i.e. quality of life, open space, recreation). The Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 8 EXHIBIT A applicant proposes to provide the following amenities: I) clubhouse, )fitness facility (in the clubhouse), 3) a swimming pool, 4) a children's play structure, 5) a bicycle repair area, and 6) enclosed bicycle storage (within the clubhouse) with the capability of storing approximately 60 bicycles, which fall under the quality of life and recreation categories. In addition to the aforementioned amenities, Staff recommends two additional amenities from the opera apace category are provided (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant should provide details to Staff prior to the Commission hearing on what the amenities will be The architectural character of the structures shall comply with UDC 11-4-3-271. The conceptual elevations included in Exhibit X1.4 incorporate architectural features designed to provide articulation and variety such as windows, and offsetting walls. The main entrances should be designed as focal points of the buildings through architectural treatments and lighting and should provide weather protection. hoof forms should be distinctive and include variety and detail when viewed from the street — sloped roofs shall have a significant pitch and flat roofs should include distinctive cornice treatments. Building materials are proposed to consist of stucco and fiber cement horizontal lapped siding which conveys an impression of permanence and durability, with steel decks and rails and asphalt roof shingles. Windows arc proposed on elevations that face common area. All roof and wall amounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures or by other suitable means. Administrative design review is required with the Certificate of Zoning Compliance application(s) to ensure final design of'structures comply with this requirement and the design review standards and guidelines in effect at the time of development. Landscaping is required to comply with UDC 114-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan does not comply with this requirement; the plan(a) submitted with the Certificate of'Zoning Compliance for the structures that face N. Records Avenue should comply with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the first Certificate of Zoning Compliance application. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi -family developments, parking standards are based on the number of bedrooms per unit — I -bedroom units require 1.5 spaces per unit with at least one ofthose in a covered carportor garage and 2 -bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For commercial development, one space is required for every 500 s.f. of gross floor area. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 9 EXHIBIT A The final count of the 1- and 2 -bedroom units is not yet finalized although the mix will be approximately 40% 1 -bedroom and 60% 2 -bedroom units. A total of 343 covered spaces and 302 open spaces .are proposed. The number of covered parking stalls proposed complies with UDC standards; until final bedroom counts are submitted, staff is unable to determine if the number of open parking spaces proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11 -3C -6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. Based on 645 vehicle spaces proposed to be provided on the site, a minimum of 26 bicycle spaces are required. The applicant proposes a total of 90 bicycle parking spaces in 39 bicycle racks dispersed throughout the site in compliance with this requirement. Cross -Access: Where access to a local street is not available, the property owner is required to grant cross-access/ingress-egress easements to adjoining properties in accord with UDC l 1 -3A - 3A. A curb cut to the subject property from the property to the north (Southeast Corner Marketplace No. 1, fka Gateway Marketplace) exists near the northwest corner of the site for cross -access; the backage driveway proposed on this site should align with that curb cut and a cross- access/ingress-egress easement is required to be granted to that property (Parcel #R8448310100). The recently approved multi -family development (Verraso) to the north of the eastern portion of the site is required to provide a cross -access easement to this site (easement is currently in process); a cross-access/ingress-egress easement is required to be granted to that property (Parcel #R8803510210). A cross -access easement was required to be granted to this property with development of the property to the south (Regency at River Valley Phase 2) at the northwest corner of their site; the subject property is required to grant a cross-access/ingress- egress easement to that property (Parcel #51104233940) at the southwest corner of this site and staff recommends a cross -access easement is provided in alignment with the driveway shown on their approved site plan (the proposed driveway does not align). Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Note: The property owner to the south may request a minor modification to CLIP -14-001 to change the location of the cross -access requirement to the subject property From the northwest corner of the site to near the center of the site where a driveway is proposed between two garage structures, If approved, the cross -access easement to the south would not need to be provided at the southwest corner of this site but near the current location ©f the stub driveway to the south instead. Traffic Calming: Traffic calming should be provided within the site between the residential and cormnerciai development and in N. Records Avenue (as allowed by ACHD). Landscaping: Street buffer landscaping along N. Eagle Road and N. Records Avenue is required as set forth in UDC Table 1 I -213-3. A 35 -foot wide buffer is required along N. Eagle Road, an entryway corridor, and a 20 -foot wide buffer is required along N. Records Avenue, a collector street. Landscaping is required to be installed within both of the street buffers in accord with the standards listed in UDC 11-3113-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Parking lot landscaping is required to be provided in accord with the standards listed in T_TDC l l - 3B -8C. The landscaping appears to comply with these standards. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 10 EXHIBIT A Upon development of the retail/commercial portion of the property, a 25 -foot wide buffer to residential uses is provided in accord with the standards listed in UDC 11-313-9C, unless otherwise modified by City Council. Sidewalks. A 5 -foot wide detached sidewalk is required to be constructed along N. Records Avenue, a collector street, per UDC 11-3A-17. Pathways: A 10 -foot wide multi -use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in LDDC 1 I -3H -4C. These improvements are required to be constructed with the first phase of development and prior to issuance of the first Certificate of Occupancy for this site Waterways: The Milk Lateral crosses the northeast corner of this site and is required to be piped in accord with UDC 11 -3A -6A. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7 -foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A - 12B. Five trash enclosures are depicted on the site. The enclosures and locations should be approved by Bob Olsen, Republic Services. The overall site exhibit (sheet ALO) does not depict the trash enclosure for Buildings G and H in the same location as the architectural site: plan and landscape plan; revise plan(s) accordingly. Ai detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi -family structures, clubhouse, garages, carports, storage buildings, and garage/maintenance building (see Exhibit A.4). No building, elevations were submitted for the future commercial structures. Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi -family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City's design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-58-1. Village Apartments MDA -15-01 l; AZ -15-012; CUP -i5-019 PAGE 11 EXHIBIT A Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-513-5. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. Stajj'recommends approval o_f'the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning & Aerial Maps 2. Site Plan (dated: 7124115 & 7/30/15) 3. Landscape Plan (dated: August 2015) 4. Conceptual Building Elevations (dated: 6/23115) 5. Existing Development Agreement Provisions 6. Proposed Development Agreement Provisions 7. Legal Description of Property Subject to Development Agreement B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Annexation D. Required Findings from Unified Development Code Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PACE 12. EXHIBIT A Exhibit A.1: Zoning & Aerial Maps E thtkk Ra j�......... R-2 i 1 I r.mE T.r.b iA Xr.r �� e j nry _ aXaa Ylr@ 3 rm _ e_ns q` lal✓ : y r@ rwX� NO, �T Z>tl t., r.X Ya1 nr y s��Xp f1. � �. .. ,rte JJ ;. / ✓ �l YN a,Xo ?!W Village Apartments MDA -15-011; AL -15-012; CUP -15-019 PAGE 13 EXHIBIT A Exhibit A.2: Site Plan (dated: 7/24/15 & 7/30/15) Pad I I I kPY., r t -ft SA i ----------- pv J41� j 17 N t'1A ---------- -------- iiiiiiiiiiniiiiiii.U_ le, J;! 741"t-, "Im JOVEMUSIU MAN EXHIBIT Village Apartments MDA -15-011; A -Z-15-012; CUP -15-019 PAGE 14 A1.0 O\fj%4L5nD2.8T EXHIBIT A r°� ,ou..� �.�111er1e ,rw111.n IL 3etaii 11A-ia7l 4t$ Il lllh,4— l --I - j�a _.1 -Ir J a - L_ -, L . . jr,, N .1'{ gt�`g P Jwr 45,11Pa� JH 7F i"� �, "�. �e.�u. '�11. r -r_r � -4 3�7--'� 4--I— ..3'�_ __yr• �.v - �. � '.� 1-�'�_-Iei14UW1, .. .�. - _ _ — - _ . •'w�9 . -.t:,_. -L1 � 1 SITE PLAN Village Apartments MDA -15-011; AZ -15-012; CUP -15-015 PAGE 15 THE VILLAGE APARTMENT$ EAGLE ROAD MERHDIAH.I➢AHO 11 avHLdki DEN€Ml RRE N0EE3 - MILE; ................ d•=dP-0' 104,It1�ii =• ......................0-6 er� TOTAL AREA: ....... ItMAORES OENSm PROPOdEk ........--is RUTACRE SITE NOTES; AU MBER GF APARTMENT BU I LOI III ............ 11 AVM B ER OF WAGE BLALDMSS: ...............14 AUMBEN CF RINE LLINO UNIM ............... E84 TOTAL PARKING REOUIRER�PROPOSERS..... 630,'845 OPEN SPACEM AC ....... _ 26 COVER ER SPACES RTKIUIREOMMI DSEO:....=-= CARRF SHACE54%HC... . .. ._..1269 CAP083 8PACM% UL: ..... . _ .20" BICYCLE PARKING SPACES PROPOSED {14511:.... . 90 COMMON OPEN SPACE REOUIRED:.. . 84.0110 S E 330 N.U.><250 S.F,1).D.= 84,000 S.F. COMMON OPER SPACE PRGIPIMU- .. MAO? S 1 MAK, 11l D. 12 PROPOSER. .,.,1-- ...... 46.-s.. IMID POINT OF SLOPED RODE] SITE DEVELG PRI ENT AAIENTIES PROPOSED; A. CLUBHOUSE B. FTINiS30L113ER {IKIiNIN CLO8H0USEJ C, C NII OR FN'S PLAT STRUCTURE R. S'H'IMMING POOL E. EHCLDSED DIKE 5TOWE WHIN CLUBHOUSE] F. OIXI REPAIR STATION B. ON SITE STORAGE UE'NELOPER. M.YC.. LLC 4824 W. FAIRVIEW BRISE. MAI -11) 83706 1208f 33"m LAN09CAPE: TG ENGINEERS 8777 CRINOEN BLVD. BOISE. IDAHO 83714 12081 a2"288 CIVIL CENIL INNOVATIONS. LLC. EW04NEEV P4 BOX 178811 NOISE. BAHO 83717 1204) ncS7 S1 ARCHREOT7 PLANNER: c .. . . I` VILLAGE APARTMENTS czci .0 n: HIT-U,19AL SI1 E PVH EXHIBIT A Exhibit A.3: Landscape Plan (dated: August 21015) un�ctperors ,ml.. 6 Nferm w4w._iw Ar �.fW qu4 vsn.6ee s•[ P•a a.w •� triYW�gt• FtM sv.anar s 0. •rimae R-c+•..R.. s+olmEr.°rT f Nbn.+wd�mrltlgd�_ff a° HMeNFOT.W M Wates, itrNFra.tl >rLvlwlLLda �w..tl1 '�.. h14+NrN°Yuv �. 1•..nMrY'c.� � n ��e�.[, •W .w aflf.Hri •.rae r.. trA Wwmu+axaeW�. �' . °X•p mime a+i. awY mness.try n;ar.+e - ra Rnw/.tl xmt�4 �%'• rr».�� .-ve��.•eewc •.F•� f�6Nk+b'.R rn k.— JW aN..M xl•,ur •Yrex. srp °rim �elWmr artmtr !u xpr%m _rnem+pl.Yea M 4iwY.•eY+lramW lW'Wrmm NeNmNlR TBtm �B mn elv rWruCmMa.3 � ; m i i rrere� tl} t; E Tl�sprHN Co a m w� .rsdawh ::w°"� 91ffT Lim 6 r�n®cy bCl ruY zenenu Y'. W�.Y„vm+aam"r".rt° .amen•. I $ . �:. :-1 _ r LL-II ®01©®00©00 -,I .ALL- III_I I . 1 as mnr II_ _ t1 r.� tilPrNm11YYFLAr Wnb:Ya I'M y� � !®vv©vvoo aiYW MtyMMYkvbYggwe _ _ i _ � I ,N r - e errtilrr.rr,vralW w1►,.eNw war Yes - - = nuxKr -II IT 1 71 W rs•wmrrr+...i.�ert r •�. Y — _ Pw.m3 - ®��®lll�lllll� Ell. � + '-e wwam.l°oamnrrz 'J17P� llll���®lllll�llllllll,l�lll�©® � YI•l I •l - A}©Yrl�lllli�llll�© 4vAYWmfvWWrfrrwel%rllrYrw - �f', _ � I r ,LuIumlllUiLrm. `-t:1. l�� � ®l�©©Illi+llll�llll� I v - M 4iwY.•eY+lramW lW'Wrmm NeNmNlR TBtm �B mn elv rWruCmMa.3 � ; m i i rrere� tl} t; E Tl�sprHN Co a m w� .rsdawh ::w°"� 91ffT Lim 6 r�n®cy bCl ruY zenenu Y'. W�.Y„vm+aam"r".rt° .amen•. I $ . �:. :-1 _ r LL-II -,I .ALL- III_I I . 1 as mnr II_ _ t1 r.� tilPrNm11YYFLAr Wnb:Ya I'M y� � aiYW MtyMMYkvbYggwe _ _ i _ � I ,N r - e errtilrr.rr,vralW w1►,.eNw war Yes - - = nuxKr -II IT 1 71 W rs•wmrrr+...i.�ert r •�. Y — _ Pw.m3 - Ell. � + '-e wwam.l°oamnrrz 'J17P� I I � YI•l I •l - 4vAYWmfvWWrfrrwel%rllrYrw - �f', _ � I r ,LuIumlllUiLrm. `-t:1. w.+w�".+'�m`mppa*a4Y4r.it gNrA •• wurtlw,. ea4llrl�ni'+iW •rfwu I _� I M 4iwY.•eY+lramW lW'Wrmm NeNmNlR TBtm �B mn elv rWruCmMa.3 � ; m i i rrere� tl} t; E Tl�sprHN Co a m w� .rsdawh ::w°"� 91ffT Lim 6 Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 16 r�n®cy bCl ruY zenenu 1 as mnr II_ r.� mmca ar y� � I T -1 it v - I Iff � -: rYtinluoa •II. 5 r _ I $ I E a a. C� lu--rY.. @ lYleulw-c 1i j� ruin lwm i � � I I "52 j �e�ndocaev Meferiela Plerr .,. ....,.- �. _. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 16 EXHIBIT A ®mm�o o�mo ��01�191�[ ,� �o�o o�®0 911111111 opo© 19 CM URAGE IDUMEAME INFIbINIM .11 51 0 1`x',3 _ • !+� U7T* - 1!�RTLS t y Ludscum Do Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 17 y MICE CL r I A! fifiraw P 5i a 41 L — — — — — — — — — — — — — — —artu — — — — — — — — — — — — — — — I Landscape Ran Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 17 EXHIBIT A Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 18 �.-. AM--- nFIFFIFFIFFIF l di ��/J ■I [may] OF a --r E rn E < 'M�' ,, � X�5511 rrpp �&I LBer6 Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 18 •J �■ �-- - .. .: r k ,. - f .a _ mow! E i!!! Wool" ' ate!! i!!! m!!sac - 6 !!�r !!! !!! 0 s HIM !!! 1rt�f r::i.r M _ I •J �■ �-- - .. .: r k ,. -11 _W= s _1 111Z o 1=1m, - -%-ALAV IF on NO INN �Nm 2111.1gillufflommi V- tjjg�Fpfm� ;qjlqg;�Jjz� In MMMEMEM!tt:m:m_ mom Emiamn—_ M 00.11MR–Tom Ad 11 m m a lh-1 EXHIBIT A 4 MY WMIE 4 60 GN M TYMAL MM MIMI 2A—FAR."A"m 38_1DE R"Anu w l�\ _.&L -------------------------------- ----- ------------------------ -- ---------- ---- W=NAE&ffl& A Y -- SAY PWNWA) UE u 7r, WM EILEYAWN iy 04" 11DUTOMMEMBNEOW& 8—R&T-m"T" --- — ------ MINIM:f'.�___ ___ ------------ ------------------ --------------- ------------------------ --------------- - -- 5 MT UFAGE a NMENQ SLDIL FRWT ELEVNMK OkT PWL MEA) IDIA76ARMUE 2 REAR EUTATM JALONA RECORDS AVLJ 19 SAT GARAGE iwiii 1,11v tit= 0i Me I n R tOBAY 40AUATOM 10 SAI "Mu At 00i 5F.Rw "noN 6SWE EMMM Village Apartments MDA -15-01 1: A -Z-15-012; CUP -15-019 PAGE 21 faBEra —, W7; T -ARONFICIRM4 AG5.1 .W "n P.A.F EXHIBIT A 3 11 CAH GAMM RM — i� 1oqm@mwwBn31VFFAT� It- ----------------------- 71'""AmpmPLAN . 910�"TOMPMRRVAMM AT-yP -cA';FGKF 'No eL'OON ,Nr —jei- KMOTES L -ij A-�:r -Rollo 3 11 CAH GAMM RM — i� 1oqm@mwwBn31VFFAT� It- ----------------------- 71'""AmpmPLAN . 910�"TOMPMRRVAMM AT-yP -cA';FGKF 'No eL'OON ,Nr —jei- KMOTES iii■ii .■. . . . . . ..... ..... iii..... ............ J -7 - 51-nYMM"FUMMM L --------------- ----------- ---------- BIfTPgAL 1ANA1E ROT11M C11AUKEPOOR JAM P "IL iii■ii .■. . . . . . ..... ..... iii..... ............ J -7 - 51-nYMM"FUMMM g12�UY0APOST PLAN Mi .- — MMMMMW B WPr AL CkRPOK'r SECTION OU."I C"Po" ELPATIOV Village Apartments MDA -15-01 1: A -Z-15-012; CUP -15-019 PACE 22 2 EATS AG2.0 AG2.1 --------------- ----------- ---------- ----------- ----- g12�UY0APOST PLAN Mi .- — MMMMMW B WPr AL CkRPOK'r SECTION OU."I C"Po" ELPATIOV Village Apartments MDA -15-01 1: A -Z-15-012; CUP -15-019 PACE 22 2 EATS AG2.0 AG2.1 EXHIBIT A R i 61AT Ff-0 '-1 T Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 23 KEA & EXHIBIT A +N& nnutnmr-CIWML E Zx ELiYlIiiOAI • uu�aueE rrar EEe TEN-OWINUM -i ------------------ --------------------------------------- 177 N eeoeeee�®1��Ir°®l°°°°®:ISI O"ATM - cau®wmaE Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 24 AC5.o pw-mv"7w TAO--- ilLLAGE tPARTNIENTS E31 AC5.1 EXHMIT A 1 CLLUBHCIISE FLOOR PLAN y Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 25 VILLAGE APARTMENTS M3M�[eikJ. Mir10 � AC2.Q w w+re RDM RIM EXHIBIT A Exhibit A.5: Existing Development Agreement Provisions Page 34 of 16 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's„ Zoning Ordinance codified as Meridian City Code Section 11-7-2 (K) which are herein specified as follows; Any future uses of 'the property shall be approved only through the conditional use permit process. Additionally, either- a public or private back -age street generally parallel with Eagle Road/SH 5.5 shall he incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C -G zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT SOF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property„ in accordance with the following special conditions; 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the "Owners" change the current use of "Property" or otherwise develop the "Property" in accordance with the terms hereof: 2. Any future uses of the property shall be approved only through the conditional use permit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road,1SH 55 shall be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schralnmeck properties. The following Comprehensive Plan policies (frons Chapter VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the Bryson/Schrammeck Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses, They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. Village Apartments MDA -15-011; AZ -15-012; CUP -15-01 J PAGE 26 EXHIBIT A In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion can roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's qualify of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation: "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersection, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Village Apartments MDA -15-01 l; Az -15-012; CUP -15-015 PAGE 27 EXHIBIT A Exhibit A.6: Proposed Development Agreement Provisions 4. USES PERMITTED BY THIS AGREEMENT: 4.1 This Agreement shall vest the right to develop the Property in accordance with the terrns and conditions of this Agreement. 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. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval included in Exhibit B. c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11 -3A -6A. d. A 35 -foot wide street buffer is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase (commercial portion) of development, and a 20 -foot wide street buffer is required to be constructed along N, records Avenue, a collector street, with thefrst phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for the site each phase. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11 -3B -7C. A 10 -foot wide multi -use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easements pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11 -3H -4C. These improvements are required to be constructed with the.#Fs4 second phase (commercial portion) of development and prior to issuance of the first Certificate of Occupancy for the that portion of the site. f. Upon development of the retail/commercial portion of the property, a 25 -foot wide buffer is required to be installed adjacent to the residential uses in accord with the standards listed in UDC 11-313-9C, unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and the future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N. Records Avenue (ds allowed by ACHD). Village Apartments MDA -15-011; AZ -15-012; CUP -15-015 PAGE 28 EXHIBIT A Exhibit A.7: Legal Description & Exhibit Map of Property Subject to Development Agreement 5awtooth Land 5urucying. LLC -- _ P i24 -)P 4c;tl.R; n4 e- 4,, (1ti 2030 5_ Itiv6_, FwAC!tt, IQ 63617 August 19, 2015 Boundary Legal A parcel of land located In the SWI14 of the NW114 of Section 4, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, and as shown on ROS 9993, Ads County Records, more particularly described as follows; COMMENCING at a found brass cap marking the northwest comer of Section 4; Thence South 0°36'04" West, coincident with the west line of the NW114 of Bald Section 4, a distance of 1390.17 feet; Thence South 89°5+0'46" East, 70.00 feet to the east right of way of N. Eagle Road, and the POINT OF BEGINNING; Thence continuing South 89050'46" East, coincident with the north line of said ROS 9983, a distance of 700.15 feet; Thence North 0°36'00" East, coincident with said north line of ROS 9983, a distance of 99.00 feet; Thence South 89=52'28" East, coincident vAth the south line of Southeast Corner Market Place Sub, No. 1, as shown on file in Book 101 of Plats at Page 13253, Ada County Records, the south line of Govemrnent Lot 4, of said Section 4, and the south line of Una Mas Sub, as shovsm on file in Book 103 of Plats, at Page 13894, ,oda County Records, 504.91 feet to the west fight of way line of N. Allys Way as shown on file in Instrument No. 114020090, Ada County Records; Thence South 0040'399 West, coincident oirth said west right of way line of N. Allys Way, 717,01 feet; Thence North 89°22'08" West, 6SCY75 feet; Thence North 34°48'52' Wesi, 57.10 feet; Thence North 66018'52" West, 264.011 feet; Thence South 84°36'08" West. 132.06 feet: Thence North 53°04'00" West, 144.06 feet to said east right of way of N. Eagle Road; Village Apartments MDA -15-011; AL -15-012; CUP -15-019 PAGE 29 EXHIBIT A Thence North V36 00" East, 386.71 feet to the POINT OF BEGINNING. The dbuve descailwU parcel contains 110.02 acres MUM or less. R ,S ECN1116tlTLhR UW M.VE.�ImAw. f9�f9R�0931�1111] f —V eIYO.Rf W—M, rb � € raY� Yxrr.�srrar G � nia Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 30 � Pi,y. l._i�1•��Y LEGENQ — .�a'a�efl�rn ue A �gV699'RBY9+91?MT4NJfbl� m RIFPo?f r� EFERVCM R,R ,Ri m 40N'�RR.W �+49itA�E A.6W,mICMG19 9ICA1. �r nes c�rPFxnr� a,F su�rrxt IAYMRB W 9HC 99 il€ d�.W.GI.M:..iN..dYE rRw.re ownAurAW.ln .eaw. aF�•orr rnr erolo uwa,erar�cf sumte�tn. Rvo ,Kp{AlffiYMIAe�EYTt tk rvPa'.wreseuRru9. raN w L'�4b91R91' RRN.N ArRP/ � CMrL`sao[+19I,+WC ro eats eiw�yl �/.9 rrR CaVYI mwrw�ndt.u.raRn pvRxu�a9 (/�{y�YlIR PlA 1X]91 � C4L 8Pn4VEY fsmElf �. 3! P-0rfJ ,1.0-0app 20.10. a WA&*MGTQN AYE.• EMMETT.10,9307 T FrxMW) M-8105 WWW.SAWTQOTHLB,C(W EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The developer shall comply with the specific use standards for multi -family developments listed in UDC 114-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A copy of the documents) shall be submitted with the first Certification of Zoning Compliance application. b. Floor plans shall be submitted with the Certificate of Zoning Compliance application(s) that demonstrate compliance with the minimum private useable open space standard of 80 square feet for each unit. 1.1.2 The landscape plan included in Exhibit A,3, dated August 2015, shall be revised as follows: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-11-3-27-F. b, Include a 35 -foot wide street buffer along N. Eagle Road/SH 55 in accord with the standards listed in UDC 11 -3B -7C; .and a 10 -foot wide multi -use pathway and pedestrian lighting in accord with the standards listed in UDC 11-31-14C. c. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and the future residential developments to the north and south. Prior to the Commission meeting, the applicant shall submit a detailed plan with calculations demonstrating compliance with the common open space requirements listed in UDC 11-4-3-27C. A minimum of 1.92 acres of qualified common open space shall be provided. e. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 104' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. 1.1.3 The site plans included in Exhibit A.4, dated July 24 and 30, 2015, shall be revised as follows: a. Depict the locations for directory maps of the development at the main entrances for those entering the development, in accord with UDC 11-4-3-27B. b, Update the parking calculations to reflect the number of I- and 2 -bedroom units proposed and correct the total number of parking spaces required based on those numbers; and correct the number of covered spaces listed. Include parking calculations for the clubhouse building. Parking shall comply with the standards listed in UDC 11-3C-6 for multi -family dwellings and for the clubhouse listed in UDC 11 -3C -6B. c. Correct the amount of common open space proposed in the notes; only the amount that qualifies as open space per the standard listed in UDC 1 1-4-3-27C.2 should be included. d. Label the structure where the maintenance storage area is located. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PACE 31 EXHIBIT A e. Depict a cross -access easement and driveway at the southwest corner of the site to the Regency at River Valley Phase 2 property to the south (Parcel #51144233940) in addition to the cross -access driveway currently proposed to the south. 1f the location of the cross -access at the .southwe_st corner of the .site is changed through approval of a conditional use permit minor modification application to CUP -14-001, cross -access to the south may only he provided in the general location shown on the site plan (the driveway location shown on the proposed site plan does not align with that on the approved plan for Regency at River Valley Phase 2. f. The trash enclosure for Buildings G and H is not depicted in the same location on the overall site exhibit (sheet ALO) .0) as it is on the architectural site plan (sheet CZC 1.0) and landscape plan; revise accordingly. Include a detail of the trash enclosure. g. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and. the residential developments to the north and south. h. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. i. Depict a 10 -foot wide multi -use pathway within a 35 -foot wide street buffer along. N. Eagle Road along with pedestrian lighting as set forth in UDC I 1 -3H -4C. The pathway is required to be placed in a public use easement. 1.1.4 The developer shall provide a 4,389+1- s.f. clubhouse, fitness facility (in the clubhouse), swimming pool, children's play structure, enclosed bicycle storage (in the clubhouse) capable of holding approximately 60 bicycles, and a bicycle repair area as site amenities in accord with UDC 11-4-3-27D as proposed. Two additional site amenities from the open space category shall be provided as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staffprior to the Commission hearing on what those amenities will be. 1.1.5 A 35 -foot wide buffer and 10 -foot wide pathway with associated pedestrian lighting is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase commercial portion) of development; and a 20 -foot wide buffer is required along N. Records Avenue, a collector street, with the first phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for the site each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11 -3B -7C. 1.1.6 The applicant shall grant cross-access/ingress-egress easements to the properties to the north (Parcel #R8048310100, Southeast Corner Marketplace No. 1; and Parcel #R8803510200, Verraso) and to the property to the south (Parcel #51104233940, Regency at River Valley Phase 2) at the southwest corner of the site and in alignment with the driveway location approved on the Regency property. Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Mote! The property owner to the south may request a minor modification to CUP -14-001 to change the location of' the cross - access requirement to the subject property from the location at the northwest corner of the site to near the center of the site where a driveway was approved between two garage structures. 1f approved, the cross -access easement to the south would not need to be provided at the southwest corner of this site, only near the current location qf'the stab driveway to the south in alignment with the driveway approved on the Regency property. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 32 EXHIBIT A 1.1.7 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1- 1.1.8 1-5B-1_ 1.1.8 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.9 The existing structures on the site shall be removed prior to issuance of the first Certificate of Occupancy for the site 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. l .2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-57. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC l 1 -3B -5I, 11-313-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC i 1-313- 112. 1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UAC 1.1-3B-11 C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2..17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and l 1 -3A -6B as applicable. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 33 EXHIBIT A 1.3 Ongoing Conditions of Approval. 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6C. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4. l 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. l .4,2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11 -5B -6F 1 or 2) gain approval of a time extension as set forth in LTDC 11 -5B -6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Rcview application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will not be required for this phase of the development as street lighting will be installed with the Records Road Extension project. Street lighting will be required along Eagle Road when the commercial section of the property develops. At that time, a street light plan will need to be included as part of the development application. 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.orWpublic_works.aspx?id=272 2.1.2 Applicant shall be required to install water mains through the development, including the provision of a water main stub to the south boundary of the development. for connection through the future second phase of the Regency at River Valley project. A stub shall also be required as shown near the northwest corner of the development for future extension to Eagle Road as part of the development of the commercial area. The applicant shall also install a water main connection, at the cross access driveway location near the northeast corner of the development, to the existing main adjacent to the north boundary as part of the Verraso project. Applicant shall also be required to connect to the main currently being planned in Records Avenue. 2.1.3 Applicant shall be required to install sewer mains through the development. 2.1.4 Sanitary sewer and water assessments will be calculated as 1 Equivalent Residential Unit (ERU) per apartment unit. 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 Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 34 EXHIBIT A 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 81.12" x 1 1" 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 requires:[. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, 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 9-14 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 aril water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Village Apartments MDA -15-01 1; AZ -15-012; CUP -15-019 PAGE 35 EXHIBIT A 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. 2213 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. 2.2.15 All grading of the site shall be performed in conformance with MCC I 1-12-3H. 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 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 I -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 ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 5-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http:l/www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 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.. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PACE 36 EXHIBIT A 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a, Fire hydrants shall have the 4 'la" outlet face the main street or parking lot drive aisle. b, Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public 'Works specifications. d. Fire Hydrants shall be placed on comer-, when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,400 GVW, per International Fire Code Section 503.2. 3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 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 10-4-2.I. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.14 AIL portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth. in International Fire Code Section 503.1..1. 3.15 All R-2 occupancies with 3 or more units shall be required to be fire spnnkted as set forth in International Fire Code Section 903.2.8. 3,16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 104-2L. Village Apartments MDA -15-011; AZ -15-012; CUP -15-015 PAGE 37 EXHIBIT A 3.17 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.18 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.19 As set forth in International Fire Code Section 504.1, multi -family and commercial projects shall be required to provide an additional sixty inches (60") wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gumey operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 Traffic calming should be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACRD). 4.2 Pedestrian connections should be provided between commercial and multi -family development. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a detail of the proposed trash enclosures with a site plan showing proposed locations to Bob Olson, Republic Services (205-345-1265 or rolson(arepublieservices.com) for approval. f. PARKS DEPARTMENT 6,1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road/SH-55 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Extend Records Avenue from the north property line, at its current terminus, to the south property line, as one-half of a 46 -foot street section, plus 12 -feet of additional pavement; with vertical curb and gutter on the west side of the road. A 3 -foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the east side if the roadway. DR Plan approval shall be contingent on CenterCal constructing the remainder of Records Avenue abutting the site. No additional right-of-way is required. 7.1.3 Provide an 8 -foot wide landscape buffer and construct a. 5 -foot wide detached concrete sidewalk located outside of the right-of-way within a 14 -foot wide easement along Records Avenue abutting the site. 7.1.4 Construct one 30 -foot wide driveway onto Records Avenue located 350 -feet south of the north property line, as proposed. Pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of AllyslRecords. 7.1.5 Other than access specifically approved with this application direct lot access to Records is prohibited. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PACE 38 EXHIBIT A 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DiGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.4 All design and construction shall be in accordance with the ACHD Policy Manual, ISP'WC Standards and approved supplements, Construction. Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to .District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 39 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Annexation 5awt doth Land 5urveyrng, LLC (200) 3135-6 I L?A; (206p 395 6 1 t75 a.. 2030 �-. „': �.frisYi�.Gw t ."ti,t':.. ER1r1eLt, ID 559 ; f July 28, 2015 Annexation Legal A pard of land located in thle SW114 of the NW1I4 of Section 4, T. 3 N., R. 1 E., B.M.. City of Meridian; Ada County, Idaho, more particularly described as follows; 00110 ENCING at a found brass cap marring the northwest corner of Section 4; Thence South 0"35'47" West, coincident with the west line of the NW7/4 of said Section 4, a distance of 1517.50 feet to the POINTOF BEGINNING; Thence South 89019'30" East, 185.00 feet; Thence South 0113547„ West, parallel with said west line of the NW114 of Section 4, a distance of 90.00 feet; Thence North 8901930" West, 185,00 feet to said .vest Fine of the NW114 of Section 4, a distance 185.00 feet; Thence North 0135'47" East, coincident with said west line of the NW114 of Section 4, a distance of 90.00 feet to the POINT OF BEGINNING. The above described parcel contains 01.38 acres more or less. End Description :J15k15W5-0MG-VILLAGE COM.PLEXC DrawIngs0pscriptkonsAi5D65-ANl LEGAL.docx Village Aparhnents MDA -15-01 l; AL -15-1112; CUP -15-019 PACE 40 B EXHIBIT A �e N s& - - POB ' ,589'19'30'E 185.00' ui a ill'} C3 9i C3 4 zJ A`l�n I_. N 89'19'30"W 185,01, — 6 W 114 FND BRASS CAF' pparFrIr: 2700 N, EAGLE ROAD 'VILL ACF COMPLEX APN 511O4233642 ANNEXATION MAP 4 E. RIVER VALLEY ST. NTS ovow9tvEmomotl 2030S.WASHING TON AVE. DWG# DART L. BRYSON EMUE-77, 7 , !D 83617 � 15005 P: 20$ 3R5-6104 FRWECr# F: 208) 398-8105 15065 SHEET ianr a 9�2f►15 WWW.SAWTOOTHLS.COM 1 of 1 Village Apartments MDA -15-01 l; AL -15-012; C'UP-15-010 PACE 41 EXHIBIT A D. Required Findings from Unified Development Code 1. ANNEXATION: 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 andJor rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed annexation of 0.38 of acre of land with a C -G zoning district is consistent with the MU -R future land use designation for this site. b. The snap amendment complies with the regulations outlined far the proposed district, specifically the purpose statement; The City Council finds that the proposed C -G zoning district and proposed retail/commercial use of the property is consistent with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the Cita 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 C -G zoning district is in the best interest of the City as the property will be able to develop with retaillcornmercial uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2, CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use pen -nit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C -G zoning district and the specific use standards for multi -family developments. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 42. EXHIBIT A b. That the proposed use will he harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the C -G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with existing and future residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic wager and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional Capital facility casts are expected from the City, The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development, however, whenever undeveloped property is developed, the amount of traffic generation does increase. The ACHD report states that traffic on Eagle Road and River Valley Street generated from the proposed development will function at an acceptable level of service for arterial and collector streets. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Village Apartments MDA -15-01 I; AZ -15-412; CLIP -l5-0119 PAGE 28 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. /-1— /76 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the SW 1/4 of the NW t/4 of Section 4, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 0.38 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 Proadway Avenue, Meridian, Idaho. This ordinance come effective on the rday of 201_1 40 AUGrjsr w City of .— ion►+o Ci of M i 'an Mayor and ty Council °r SEAT- By: C.Jay Coles, City Clerk'°r First Reading: �!r/ �)0/—/ Adopted after first rea ing 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.% . & 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. /7—/ 0 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 0 day of .�C_-C. 52017. William. L.M. Nary City Attorney ORDINANCE SUMMARY — VILLAGE APARTMENTS (AZ 15-012) Meridian City Council Meeting DATE: December 19, 2017 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS