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2018-07-24 C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, J uly 24, 2018 at 6:00 P M 1. Roll-C all Attendance O A nne L ittle R oberts O J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by M ichael P ear son with S eventh D ay Adventist Church 4. Adoption of Agenda Adopted as noted 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) This time i s 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/devel opment 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. P roclamation A. M Y B All S tar C hampions D ay 7. Consent Agenda [Action Item] Approved as noted A. Approve M inutes of J uly 10, 2018 C ity C ouncil Wor kshop M eeting B. G ramer cy Heights S ubdivision No. 2 S anitary S ewer and Water M ain E asement Resubmittal C. O aks West Subdivision No. 1 NM I D M aster P athways E asement License Agreement D. Whistle S top S ubdivision P edestrian P athway E asement E. Whistle S top S ubdivision No. 2 Water and S ewer E asement #1 F. Whistle S top S ubdivision No. 2 Water and S ewer E asement #2 G. F inal P lat for O berg S ubdivision (H-2018-0069) by D evC o D evelopment, LLC, L ocated at 2855 N. Wingate L ane H. F inal P lat for P ine 43 S ubdivision No. 1 (H-2018-0073) by D an Tor fin, C &O D evelopment, L ocated North of E. P ine Ave. and E ast of N. L ocust G rove Rd I. F inal P lat for Rapid C reek No.1 (H-2018-0070) by T r ilogy Idaho L ocated near the S W corner of W. M c M illan Rd. and N. B lack C at Rd. J. Resolution No. 18-2089: A Resolution D eclar ing the Intent of the City of M er idian to E xchange Appr oximately 1,640 S quare F eet of City Owned Real P roper ty for Approximately 1,958 S quare F eet of Real P roper ty Owned by Woodside Harris, LLC at M er idian's Water Well L ot Number 28. K. M emorandum Of Agr eement F or C ontribution Not-to-E xceed $600 To C lose O ut Of I daho Avenue P roject L. Residential Real P roper ty P urchase and S ale Agreement at 615 NW 3rd S treet, M eridian Idaho for $80,000 Regarding Rail-With-T rail P athway C onnection M. I P D E S P ermit Requir ed M ethylmer cury F ish T issue S ampling P rogram Agreement Not-to-E xceed $18,360 N. Advanced M etering Infrastructure (AM I) Agreement between C ity of M eridian and S ensus US A, Inc. O. D evelopment Agreement for L ost Rapids (C ostco S ite) (H-2018- 004) by C ostco Wholesale C or poration, located at the S W Corner of US 20/26-C hinden Blvd and Ten M ile Road. P. City F inancial Report for J une 2018 Q. AP I nvoices for P ayment 7/25/18 - $2,338,221.79 8. Items M oved F rom T he C onsent Agenda [Action Item] 9. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem 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 i tems, unless to break a tie vote. A. Appeal of D enial of M obile S ales Unit L icen se by D on B enbrooks Appeal Denied B. Approval of F Y 2018 Amended B udget in the Amount of $144,675,645 Approved C. Approval of Tentative F Y 2019 Budget in the Amount of $130,464,302 Approved D. P ublic Hearing continued fr om J uly 17, 2018 for P rogr am Year 2018 C ommunity D evelopment B lock G rant Annual Action Plan 1. R esolution No. 18-2092: A Resolution A pproving A doption Of T he C ommunity D evelopment B lock G rant P rogram Year 2018 A ction P lan A nd S ubmission To T he United S tates D epartment Of Housing A nd Urban D evelopment; A uthorizing T he Mayor A nd City C lerk To E xecute A nd A ttest The S ame O n B ehalf Of T he City Of Meridian; A nd P roviding A n E ffective D ate. Approved E. P ublic Hearing for Proposed P arks F ees 1. R esolution No. 18-2091: A Resolution A dopting New F ees Of T he Meridian P arks A nd R ecreation Department; Authorizing T he Meridian P arks A nd R ecreation Department To Collect S uch F ees; A nd P roviding A n E ffective D ate. Approved F. F inal P lat for Hill's C entur y F ar ms No. 11 (H-2018-0068) by B righton Investments, LLC , L ocated E ast of S . E agle Rd. and S outh of E. Amity Rd. Continued to August 21, 2018 G. P ublic Hearing for C herry B lossom S ubdivision (H-2018-0018) by J ayo L and D evelopment C ompany, L ocated at 615 W. Cherry L ane Continued to August 21, 2018 1. R equest: A R ezone of 10.74 A cres of L and f rom the R -4 to the R -8 Zoning District; and 2. R equest: A P reliminary P lat C onsisting of 47 S ingle-F amily R esidential B uilding L ots and 11 C ommon L ots on 10.25 Acres of L and in the P roposed R -8 Z oning District H. P ublic Hearing for C ostco Wholesale (H-2018-0066) by C ostco Wholesale L ocated gener ally at the southwest cor ner of W. Chinden B lvd./S H-20/26 and N. Ten M ile Rd. Continued to September 11, 2018 Special Meeting 1. R equest: Modification to the D evelopment Agreement to include conceptual building elevations I. P ublic Hearing for Sodalicious (H-2018-0046) by 10th & F airview, L ocated at 1035 E. F air view Ave. Approved 1. R equest: A n A nnexation and Zoning of 0.36 of an A cre of L and from the R UT to the C -G Zoning D istrict J. P ublic Hearing for Graycliff E states (H-2018-0054) by S tar D evelopment, Inc. L ocated West of S. M eridian Rd/S .H. 69, on the S outh S ide of W. Harris S t. Approved 1. R equest: A D evelopment A greement Modification to R ef lect an I ncrease of B uilding L ots and C hange in O pen S pace C onsistent with the P roposed P reliminary P lat; and 2. R equest: P reliminary P lat C onsisting of 136 Building L ots and 9 C ommon L ots on 52.46 A cres of L and in the R -8 and R -40 Z oning D istricts K. P ublic Hearing for K eep Subdivision (H-2018-0043) by J ack L. Hammond L ocated at the S W C orner of E. L ake Hazel Rd. and S . E agle Rd. Approved 1. R equest: A nnexation and Z oning of 60.55 Acres of L and (7.07 to R -8 and 53.47 to R -2) to the R -2 and R -8 Z oning D istricts; and, 2. R equest: A P reliminary P lat C onsisting of 59 S ingle F amily R esidential L ots, and 10 Common L ots on A pproximately 53.47 A cres in the P roposed R-2 and R -8 Z oning Districts L. P ublic Hearing for C ompass Charter S chool (H-2018-0048) by Bouma US A, L ocated at the nor theast corner of W. F ranklin Rd. and S . Black C at Rd. Approved 1. R equest: A n A mendment to the C omprehensive Plan Future L and Use Map to Change the L and Use Designation on 25.05 Acres of L ane from Medium-High Density R esidential and P ark to Mixed E mployment; and 2. R equest: A nnexation and Z oning of 21.93 Acres of L and from R UT to the ME (Mixed E mployment) Z oning D istrict M. Approval of AI A G 802 Amendment No. 1 to the AI A B 133 Agr eement to Rice, F ergus, M iller, Inc. for the “F inal D esign and C onstruction D r awings – F ire S tation 6” pr oject for a Not-To-E xceed amount of $523,925.00. Approved N. Awar d of RF Q #F D -1809-10770.A and Appr oval of AI A A133 Agr eement to ESI for the “C M G C S ervices – F ir e S tation 6” project for a Not-To-E xceed amount of 4.75% of the cost of constr uction. Approved 10. D epar tment Reports A. P ublic S afety Q uarterly L evel of S er vice Report 11. F uture M eeting Topics Adjourned at 11:38pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 24, 2018. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 24, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Genesis Milam, Luke Cavener, Ty Palmer, and Treg Bernt. Members Absent: Joe Borton and Anne Little Roberts. Also present: C.Jay Coles, Bill Nary, Caleb Hood, Bill Parsons, Sonya Allen, Clint Dolsby, Chris Pope, Jamie Leslie, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __ _ Anne Little Roberts _ _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: That brings us to 6:00 o'clock. We will go ahead and start our regular City Council meeting. Item 2: Pledge of Allegiance De Weerd: Thank you. 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 Michael Pearson with Seventh Day Adventist Church De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson with the Seventh-Day Adventist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you so much for joining us. Pearson: Dear Lord God Almighty, we all pray your blessing on the community and the leadership of the City of Meridian. We ask that you give us a sense of personal humility and the collective empathy for the needs of each other, that our deliberation and decisions made might do good by you and by each other. We ask in Jesus' name, amen. Item 4: Adoption of Agenda Meridian City Council Meeting Agenda August 7, 2018 – Page 114 of 572 Meridian City Council July 24, 2018 Page 2 of 112 De Weerd: Thank you so much. Item 4 is Adoption of the Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple of changes. Item 7-C in our Consent Agenda was improperly listed as a master pathway easement. It should be listed as a master pathways license agreement. And, then, I think it's also just important to note that Items 9-F and 9-G have been requested to be continued to August 21st. Item 9-G was not posted appropriately and love to hear about the reasons for the request for continuance on 9-F. With that I move we approve the adoption of the agenda. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Coles: Madam Mayor, there are no sign-ups for Item 5. Item 6: Proclamation A. MYB All Star Champions Day De Weerd: Okay. Thank you. Item 6-A -- we have a very special team that we would like to recognize before they go to the World Series and if they will join me up front at the podium. Well, this is pretty exciting. I think we have some very excited young men that are getting ready to travel to the World Series and I have a proclamation in their honor. So, I will go ahead and -- and read this. And, then, I do have something to give to each of you. One for yourself and a pin to -- we hope for barter, trade, and get something really good for it. Whereas the Meridian Youth Baseball 12-70 All-Star Team recently won the 2018 Pacific Northwest Regional Tournament and whereas this victory earned them the prestigious privilege of competing in the 2018 Cal Ripken World Series set for August 3rd through the 11th in Branson, Missouri, and whereas it is the third time Coach Whiles has taken his team to the World Series, which builds team spirit and allows these young athletes to walk onto the field with a little extra swagger and whereas with the guidance of the team manger and coaches help all team members focus on work ethic, toughness, and desire, which transformed them into a winning team with each player making valuable contributions and whereas participating in youth Meridian City Council Meeting Agenda August 7, 2018 – Page 115 of 572 Meridian City Council July 24, 2018 Page 3 of 112 baseball gives young people a strong sense of character, teamwork, and confidence, traits that will remain with them all through their lives, both on and off the field. Therefore, I, Mayor Tammy de Weerd, hereby proclaim July 24th, 2018, as MYB All-Star Champion's Day in the City of Meridian and I call upon the community to join me in congratulating this team on their valuable and remarkable athletic accomplishment for representing Meridian so proudly in this upcoming World Series. And I do have a proclamation that I will present to your coach. I also have one that has listed each of your names, which will be in our public record. So, if someday you want to impress someone you can pull up today's minutes and you can show them that you had a proclamation that was honoring your great accomplishment. So, congratulations, young man. We hope that you represent us proudly next month and wish you success and we would love to have you come back as World Series champions. And so, coach, I have a couple things. One, I -- I would love it if you would say a few things about your team and maybe each of the players could introduce yourself and the position that you play, but I also have something for you. This is your third world series that you're bringing a group of young men to. That's quite the accomplishment and in the City of Meridian we have a coin, a challenge coin that depicts our approach to customer service and it's called the Meridian Way and this coin honors our CARE values of Customer Service, Accountability, Respect and Excellence, all part of you're being a winning team. It also says providing CARE in art to our community in a timely, friendly, professional and solution-oriented manner. This challenge coin is given to our Meridian Way champions, those that go above and beyond, day in and day out, and I think that through the contributions that you have shown these young men in learning not only skills on the field, but also off the field. We want to extend our gratitude and our congratulations to being such a role model for us all to learn from. So, thank you. And your Proclamation. Whiles: Well, thank you, City Council and Mayor de Weerd. This is a great group of young men -- keep looking that way. There you go. And we are really proud of them for -- for a lot more than just their baseball skills. They spent this fall and early winter raking leaves for people in Meridian that needed it and they did it for free and that was part of just what they wanted to give back to the community. We have a wonderful park to play in that's owned by the city in Settlers Park and it's beautiful and so they are very thankful for that and they wanted to show that this fall by helping out. What a great group of kids. We are headed out of here August 2nd and we are going to play not only the nation, but the world and -- Japan, Korea, Mexico, Dominican Republic. They are all going to be there. So, a lot of good talent and we are going to go as far as we can and we are going to have a heck of a good time. So, we appreciate you letting us come here and this is kind of the future of our town here and they are a bunch of great young man. So, thank you very much. Do you want them to just say their name? De Weerd: I would love it they would -- Whiles: Yeah . Just kind of go like this. Carson, come here. Don't you go to the back. Okay. So, let's do this so they can see them. Why don't you all come over here and we will bend that down for you. There you go. Just say your name and name what position you play. Meridian City Council Meeting Agenda August 7, 2018 – Page 116 of 572 Meridian City Council July 24, 2018 Page 4 of 112 Russell: I'm Carson Russell and I play right field, left field and second base. Cammann: I'm Cooper Cammann and I play second base and I pitch. Kolka: I'm Kellen Kolka and I play left field. Hibbs: I'm Garrett Hibbs and I play first base and pitcher. Rogers: I'm Collin Rogers and I play catcher. Barker: I'm Jack Barker and I play center field and first base. Russo: I'm Chip Russo and I play outfield. Whiles: I'm Tor ry Whiles and I play shortstop. Holbrook: I'm Jake Holbrook and I play right field. Morrow: I'm Jacob Morrow and I play third base, first base and pitch. Judge: I'm Patrick Judge and I play third, short, second and pitch. Moriarty: I'm T.J. Moriarty and I play third base and catch. C.Russell: I'm Caden Russell and I am the bat boy. Whiles: I also wanted to introduce the other two coaches, the guys that really run this team. All I do is make practice schedules. They actually do the dirty work. This is James Moriarty. He is a fireman in town and this is Chris Cammann over here and he sells dental supplies and so -- and I'm a teacher. So, we are -- we are kind of all over the place. We -- we do a lot of different things. But what a great summer it's been. Mayor de Weerd, we wanted to give you a pin that we had designed. Christina Morrow designed this pin that we are going to trade as well and it says -- if I had readers on. It says 2018 Cal Ripken World Series Meridian Youth Baseball 12-70 Allstars and so we wanted you to have that. It's not much, but thank you very much. De Weerd: If we can get you right here to get a picture with all of you and just for anyone who is interested, they are raising money to pay for the trip and to make this a life memory. So always ready to accept any sponsorship. Bernt: Hey, guys, what does it say on the back of your hats? Whiles: The back of our hats say So Worth It. Bernt: Oh. Meridian City Council Meeting Agenda August 7, 2018 – Page 117 of 572 Meridian City Council July 24, 2018 Page 5 of 112 Whiles: Hashtag So Worth It. And there is a movement kind of nationwide for everybody to go to club sports, but we are not a club, we are a Meridian youth team and we have had a lot of kids from this age group disappear into other things and we always felt like it was worth it to stay and so we put this on our hats and it -- it was definitely worth it. So, we are really proud to have Meridian on our chest and at the World Series we will have Idaho on our chest, but we are taking Meridian with us, because we are very proud to be from here, so -- Bernt: That was cool, man. Go get them, guys. Go get them. Item 7: Consent Agenda [Action Item] Approved as noted A. Approve Minutes of July 10, 2018 City Council Workshop Meeting B. Gramercy Heights Subdivision No. 2 Sanitary Sewer and Water Main Easement Resubmittal C. Oaks West Subdivision No. 1 NMID Master Pathways Easement License Agreement D. Whistle Stop Subdivision Pedestrian Pathway Easement E. Whistle Stop Subdivision No. 2 Water and Sewer Easement #1 F. Whistle Stop Subdivision No. 2 Water and Sewer Easement #2 G. Final Plat for Oberg Subdivision (H-2018-0069) by DevCo Development, LLC, Located at 2855 N. Wingate Lane H. Final Plat for Pine 43 Subdivision No. 1 (H-2018-0073) by Dan Torfin, C &O Development, Located North of E. Pine Ave. and East of N. Locust Grove Rd I. Final Plat for Rapid Creek No.1 (H-2018-0070) by Trilogy Idaho Located near the SW corner of W. McMillan Rd. and N. Black Cat Rd. J. Resolution No. 18-2089: A Resolution Declaring the Intent of the City of Meridian to Exchange Approximately 1,640 Square Feet of City Owned Real Property for Approximately 1,958 Square Feet of Real Property Owned by Woodside Harris, LLC at Meridian's Water Well Lot Number 28. Meridian City Council Meeting Agenda August 7, 2018 – Page 118 of 572 Meridian City Council July 24, 2018 Page 6 of 112 K. Memorandum Of Agreement For Contribution Not-to-Exceed $600 To Close Out Of Idaho Avenue Project L. Residential Real Property Purchase and Sale Agreement at 615 NW 3rd Street, Meridian Idaho for $80,000 Regarding Rail-With- Trail Pathway Connection M. IPDES Permit Required Methylmercury Fish Tissue Sampling Program Agreement Not-to-Exceed $18,360 N. Advanced Metering Infrastructure (AMI) Agreement between City of Meridian and Sensus USA, Inc. O. Development Agreement for Lost Rapids (Costco Site) (H- 2018- 004) by Costco Wholesale Corporation, located at the SW Corner of US 20/26-Chinden Blvd and Ten Mile Road. P. City Financial Report for June 2018 Q. AP Invoices for Payment 7/25/18 - $2,338,221.79 De Weerd: Okay. Item 7 is our Consent Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: You already referenced change on Item 7-C. I move we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 8: Items Moved From The Consent Agenda [Action Item] Meridian City Council Meeting Agenda August 7, 2018 – Page 119 of 572 Meridian City Council July 24, 2018 Page 7 of 112 De Weerd: There were no items moved from the Consent Agenda. Again I would like to just state for the record that the applicant on Item F for the final plat of H-2018-0068 has requested to continue to August 21st. Staff , can you -- is there a basis of that continuous -- continuance request? Hood: Madam Mayor, I am not aware of the reason for that continuation. The next one I do have some justification for, but that one I am not aware of why that request. De Weerd: Okay. Is there anyone here for Item F? Okay. Item 9-G has been requested to continue to August 21st and that is because their site was not posted. Our staff does follow up with the applicant to remind them and we found that it was not posted, so this does have to be posted. Council, you can, when we get to it, if you would so desire, to renotice at the applicant's cost. Certainly that is your purview. But if you don't say it's at their cost, it will be at the cost of the city. Item 9: Action Items A. Appeal of Denial of Mobile Sales Unit License by Don Benbrooks De Weerd: Okay. We get to the Action Items. The first one 9-A is an appeal and, Mr. Nary, you want to introduce that? Nary: Yeah. Thank you, Madam Mayor, Members of the Council. This one is unusual. You don't have this come up in front of the Council very often, but we have a process in the city for people to acquire a mobile sales unit license and this is for -- for various types of mobile sales, whether it's a food truck, whether it's a door-to-door salesperson, whether it's a -- the ice cream truck -- we have varieties of different mobile sales and these also includes things that -- people that come and spray yards. I think it's -- so, basically anybody that is going to interact with the public either by attracting them to their vehicle, like a food truck, or going to their home door to door, like a mobile sales for any of the type of product, that -- like this particular one is, under our code we are required -- we do do background checks. You are required to reveal any prior criminal history of any kind that you may have and, then, we have some specific language in our ordinance that prohibits a person from having a license in the city if they have any type of conviction within the last five years of certain offenses. So, based on our relationship with the police department and, then, the FBI computer where all we get this background information from, all of the criminal history goes to the police department. It's not reviewed by my office or by the city clerk, but just by the police department. They are the only ones that review it. We don't reveal that. We are not allowed to release anything in relation to what that record shows. Basically the police advise us of whether the person has either a history that is consistent with their application, so they have revealed everything that we discover in the background check, and if they have anything that disqualifies them from having a license. In this case this individual, Mr. Benbrooks, that's making the appeal, was denied a license for a mobile sales unit based on the police's response. He did receive a letter. There is an appeal process in here Meridian City Council Meeting Agenda August 7, 2018 – Page 120 of 572 Meridian City Council July 24, 2018 Page 8 of 112 that he has an opportunity to make his plea to you. Lieutenant Colaianni can't tell you what the particulars are, but if you want to ask him about his process and how he goes about reviewing that you certainly can. But in this particular case Mr. Benbrooks was advised that his denial was based on not providing all the -- all the information that was required and having a disqualifying event on his prior record that disqualified him from having a license. De Weerd: Okay. Council, at this point do you want to hear from Lieutenant Colaianni on the process? Okay. Colaianni: Good evening, Madam Mayor and Council Members. I will be brief. Just to give you some context on my role here when it comes to approving city licenses is the application -- the applicant in this case Mr. Benbrooks arrives at the clerk's office, fills out an application, which you have there. The application is very clear. It requires that you self disclose your entire criminal history, citations, regardless of conviction or dismissal, you have to disclose everything. Once that's done they submit fingerprints to the FBI and the FBI runs them nationally through all the states. Within two weeks to a month I get those results back electronically. I review them and I go in and I pull the application in Accella and review what the applicant has put in their application to make sure that we are in sync, that the applicant has given us everything we need to make a decision on whether I'm going to allow this person be licensed to go to homes and go into people's homes and sell stuff and be in our parks, whatever the circumstances may be and once I have that I also check all our local systems, I check driving records and there is a number of databases I check, because sometimes even a two week gap or a month gap between when they submitted fingerprints and when it comes back things can happen. So, I go through all those and, then, I look at the application. In this -- in this particular case when I was going through Mr. Benbrooks' application I came across a disqualifying entry on a conviction that our city code is clear that if you have a conviction within these five years you can't have a door-to-door sales license and so I continued through the application, I looked at how detailed he went into it. The other thing I came across is there -- in nowhere comes close to reflecting his entire criminal history. There has been a lot left out and I didn't feel comfortable moving forward approving this. I did contact our city attorney's office, ran it by them to make sure I was processing right. They concurred and they thought that the denial was appropriate given the circumstances. I, then, notified the clerk's office to send a letter of denial based on this decision and they sent Mr. Benbrooks the denial letter. Mr. Benbrooks did reach out to me. We did have a phone conversation briefly disclosing why I did what I did and what that process looked like if he wanted to appeal, which he's done tonight. But for these reasons I recommend that the Council stand by my decision and affirm the recommendation that we deny this particular one. I do well over a hundred of these a year and it's rare that we get to this point where a denial comes to this. There are a few I deny each year, but, you know, this is a process and you have to abide by the rules and the ordinance is clear on what's allowed. So, I will stand for questions. De Weerd: Okay. Any questions from Council? Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 121 of 572 Meridian City Council July 24, 2018 Page 9 of 112 Colaianni: Thanks. De Weerd: Is Mr. Benbrooks here? Would you like to say anything? If you can, please, state your name and address for the record. And you can pull that down. Benbrooks: Yeah. My name is Don Benbrooks. I live at 9488 West Rustica Drive, Boise, Idaho. De Weerd: Okay. Thank you. Benbrooks: While I did complete an application for a solicitor's license, that's what I do for a living, and if I was not one hundred percent complete on it I apologize. I did not have everything in front of me. I did go through a divorce in which was not amiable. That was quite some time ago. However, this is how I currently make a living. One of the things I do do, though, is when I do work in a city I apply for a solicitor's license. The reason I do so is to apply by -- to abide by the laws, because -- and it's rare, but it does occur that police officers or customers do ask you for it and to be better successful and in compliance with everything I do apply for a solicitor's license, which I hold several, so -- and it's the way I make a living, so -- De Weerd: Okay. So -- but you're appealing the denial. Benbrooks: Correct. I admit that I did not -- if I -- if there was something left out in terms of my police history -- I'm not a dangerous criminal. I certainly respect the fact that we don't want that in the city or anything like that, but I had a conviction of a disturbing the peace and a no contact order violation. De Weerd: Okay. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Can you share with me the -- how long ago was that? Benbrooks: The last one was I think 2015 when I went through my divorce and I actually -- my -- and I don't know -- I don't want to go into a lot of detail -- Milam: I'm not asking you to. Benbrooks: -- but I had -- when I was retrieving my property from my residence and there was a police officer on -- on the property and yet she still filed a police report and, then, I accepted a disturbing the police -- or peace plea and paid a fine. Milam: Madam Mayor, follow up. The police that was on the property was an escort for you? Meridian City Council Meeting Agenda August 7, 2018 – Page 122 of 572 Meridian City Council July 24, 2018 Page 10 of 112 Benbrooks: Yes . It was Ada County Sheriff. Milam: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: This is awkward. Sorry about all this, but -- Benbrooks: That's okay. Palmer: So, are you Donald R. born in '61? Benbrooks: I'm sorry? Yes. Yes. Palmer: So, on the repository it's showing that -- either another incident or that same thing that it was in April of last year. Is this wrong or did it happen last year? Or did it happen multiple times? Benbrooks: That was the -- the no contact order violation. That was in April of last year. That was about two years in terms of the court -- going to the courts. I was out of town and I sent a text message and when I went to court and on it I just -- I said, yeah, I sent the text message on it, yeah. So, I pled guilty to it. Yeah. I mean that's a violation. De Weerd: Council, if there is nothing further I -- I guess you -- you have in front of the appeal of the denial. So, I will need a motion on upholding or accepting the appeal. Is there anything further you would like to share? Benbrooks: Just that the business that I'm in it's not common that people actually apply for solicitor's licenses. I run -- you know, I do this for a living. I try to uphold the law and apply for a solicitor's license. There is a lot of people that go out and do it without paying the 107 dollars per city and just do it until they get told to go -- to leave town and go somewhere else. I don't take that route. So, in that respect I try to uphold the law in that respect, yeah, so -- De Weerd: Well, we issue a lot of solicitor's licenses, so they -- they do take that serious and -- and certainly we hope our citizens know when someone knocks on your door, please, ask them to see their solicitor's license, because, then, you do know that they have been gone through a process and I thank you for going through our process, but our police has made a determination that you're appealing and -- and we will see what Council decides. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 123 of 572 Meridian City Council July 24, 2018 Page 11 of 112 De Weerd: Mr. Palmer. Palmer: One more question. So, looking at the application it looks like you applied in June, but it appears that you were -- to get it -- or however that works. In May. Was that in Meridian or -- or a different city? For soliciting without a -- without the permit to do so. Benbrooks: What's the question, sir? Palmer: So, on May 24th the repository is showing that -- that you were cited for soliciting without a -- without getting the -- the permit. Was that in Meridian or was that somewhere else? Benbrooks: That was in Star. I have that permit on me. I did not have it on me that day. I went to court and -- and -- and showed that, yeah. Palmer: Okay. Cool. Benbrooks: Yeah . Palmer: Thanks. De Weerd: Okay. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we uphold the decision made by our Police Department in denying the mobile sales unit license to Mr. Benbrooks. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: This is a tough one for me. You know, I'm a small business owner and I get that -- I respect hard work and I respect dedication and I respect our citizens making a living in the right way and this is a tough decision. However, you know, we have our lieutenants, the boys in blue that do a good job and -- and although we were not able to know the exact details, I trust your judgment and this is the first time I have heard or seen an application like this get denied, but I know it's for a reason and although Mr. Benbrooks is a good hard worker and I respect that and I respect your means to make a Meridian City Council Meeting Agenda August 7, 2018 – Page 124 of 572 Meridian City Council July 24, 2018 Page 12 of 112 living, I have to trust our -- our lieutenants in their job in protecting our citizens and making sure that our citizens are one hundred safe all the time and so that's where I came to my judgment and my decision. De Weerd: Okay. Anything further from Council? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Approval of FY2018 Amended Budget in the Amount of 144,675,645 De Weerd: Okay. Item 9-B is the approval to publish the 2018 amended budget. This is just about publishing. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve the FY-2018 amended budget in the amount of 144,675 -- 144 million dollars 675,645 dollars. Milam: Second. De Weerd: I have a motion and a second. If there is no discussion, Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Approval of Tentative FY2019 Budget in the Amount of 130,464,302 De Weerd: Item 9-C is the approval of the tentative fiscal year 2018 budget and this is to publish for the public hearing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 – Page 125 of 572 Meridian City Council July 24, 2018 Page 13 of 112 Cavener: Madam Mayor, I move we approve 9-C, approval of the tentative FY-2019 budget in the amount of 130,464,302 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: As you know I promised when I was campaigning that, you know, as long as we were spending money as recklessly as we have been, that there was no way I was going to vote for a tax increase and this proposed budget that we are about to send to you guys includes a tax increase for all kinds of stuff. It would really help that -- that any of you who are interested in where this 130 million dollars is going to go, would come to our meeting in August. That will be the public hearing. To come and let us know, hey, maybe I don't want my taxes increased for -- I could spend an hour going through stuff, so -- actually, I could spend all day. We did spend all day. So, I won't be voting for it. De Weerd: Okay. This is to send it to a public hearing. Palmer: Madam Mayor? And feel that the budget that is proposed to send to the public is inappropriate. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. D. Public Hearing continued from July 17, 2018 for Program Year 2018 Community Development Block Grant Annual Action Plan 1. Resolution No. 18-2092: A Resolution Approving Adoption Of The Community Development Block Grant Program Year 2018 Action Plan And Submission 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. Meridian City Council Meeting Agenda August 7, 2018 – Page 126 of 572 Meridian City Council July 24, 2018 Page 14 of 112 De Weerd: Item 9-D is a public hearing continued through -- from last week, July 17th, for the program year 2018 for the CDBG action plan. Pope: Madam Mayor, Members of the Council, so this is continued, as was noted, from last week. We have been undergoing our public comment period for this program year 2018 CDBG action plan, which ends today and my assumption is that we will conclude the public hearing today in line with the ending of that public comment period. I did receive, in the meantime, one new public comment via e-mail from a resident named Jennifer Cavaness-Williams, whose comment I would like to read on the record right now. She noted all of the organizations and projects chosen are worthy and I would hate to take anything away from them. However, I hope the city considers using future grant money to build a performing arts center. Meridian is at a stage in its growth where it would benefit from a performing arts center. This comment will be included as an appendix to the action plan that we send to the federal government. The suggestion, however, will not change any content of the plan as we kind of already gone through and have a pretty rigorous application process for some of these projects. But consideration will be given in future program years to -- to Ms. Cavaness-Williams' proposal here. This was one of two public comments that have been received. The other was read into the record last week. Before we jump into the -- the public testimony portion of -- of this meeting I did want to note a couple of changes that have been made to the content of the action plan since it was first published and made available to the public in -- in mid June. This is a list of some of those things and I just want to run through them really fast. The language was added to finalize some of the backup projects that we talked about. To remind Council, there are three backup projects that the Department of Public Works has proposed for streetlight installation in certain areas of the community. A couple of clauses were added to the plan to make sure that those meet the standards and regulations that would be expected to kind of formalize that in the plan. In addition, more background information was -- was added as an appendix to those alternate and backup projects. A summary of comments that have been received through yesterday was included in the plan and that included the text and a summary of the comment that was just read into the record. Errors were corrected in regard to certain project addresses -- to admit there was one where I had the -- the word way instead of street, so making just small little typos like that -- were -- were cleaned up. I also put in a summary of the public outreach efforts that we have undergone through these presentations, through newspaper articles, through online articles as well, are included in this plan and detailed there now where they weren't before, because we hadn't really undergone any public outreach at the time. In addition, some of the -- the required documentation certifications to get this in front of HUD and approved by HUD, assuming that everything is found to be eligible, is now included in the document and a few portions of the executive summary section are now updated in the plans to reflect these changes. I just want to make sure that you guys are aware of those changes that have been made over the last month or so. With that we would recommend taking any public testimony that is -- that is here today on any of the things in this plan and move forward with a proposal to adopt via resolution this plan for this upcoming program year. Meridian City Council Meeting Agenda August 7, 2018 – Page 127 of 572 Meridian City Council July 24, 2018 Page 15 of 112 De Weerd: Thank you, Chris. Council, any questions? Okay. This public hearing was continued from last week. Is there anyone who wishes to provide testimony? Okay. Thank you. No one signed up? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, this is going to be weird. I'm going to make a motion and, then, I'm going to vote against it. So, the reason I wanted to do that is -- so, my assignment this year is as a liaison to Community Development and part of that role is to -- to help I guess with the process for CDBG. I have made it clear in the past that I object to it existing in that it's the federal government spending money that they don't have, but when it comes to the administration of the program, it's done in an amazing fashion. Chris is an incredible wealth of knowledge when it comes to making sure that everything is complied with and dealing with the federal government and -- and ensuring that the projects that are applied for -- that all the applicants know exactly how it's going to work and -- and -- and what to do and -- and what would qualify and, then, the team that made the decisions on what would be put into the project, did a great job in ensuring that -- that every dollar is to be stretched to be the most effective use for our citizens. So, while I plan to make a motion to -- to approve this plan, I plan to vote against it strictly in that I'm -- I'm against the federal government spending money that they don't have and us participating in -- in their reckless spending. So, with that I move we approve resolution -- De Weerd: Can you first make a motion to close the public hearing. Palmer: Madam Mayor, I move we close the public hearing on 9-D. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on 9-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Now I will entertain a motion on Resolution No. 18-2092. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve Resolution No. 18-2092. Milam: Second. Meridian City Council Meeting Agenda August 7, 2018 – Page 128 of 572 Meridian City Council July 24, 2018 Page 16 of 112 De Weerd: I have a motion and a second. Any discussion? Pope: Madam Mayor, if I may, I do want to make one point of -- kind of logistical administrative nuance. The absence of public comment and testimony today, I will need to write that up and include that as an appendix to the plan that you are going to be approving today. So, what you are approving is not in its final version. I just -- aside from the fact that I need to include one more appendix that says that there was no public testimony given today. So, kind of a conditional ask for approval with this, but I wanted to be transparent in that point, that there will be one last change that is made to the plan that will be submitted and that is part of -- of what you are approving with this motion. De Weerd: If the motion can include the upcoming appendix to state there was no public testimony. Palmer: Madam Mayor, yeah, can we amend it on the fly and that way you don't have to -- I don't know if it takes more detail than just saying no testimony was given. De Weerd: I think if you just state that -- with the addition of an appendix stating there was no public testimony. Palmer: If that all flies and that's my intent of the motion for sure. De Weerd: Okay. Second agree? Milam: Yes. De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent; Bernt, yea. De Weerd: The ayes have it. Thank you. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. E. Public Hearing for Proposed Parks Fees 1. Resolution No. 18-2091: A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. De Weerd: Item 9-E is a public hearing for our Parks Department and I will turn this over to Colin. Meridian City Council Meeting Agenda August 7, 2018 – Page 129 of 572 Meridian City Council July 24, 2018 Page 17 of 112 Moss: Good evening, Madam Mayor, Members of the Council. These fees before you tonight are our regularly scheduled activity guide fees. They will be for the fall activity guide coming up here in August and so we have a long list of classes that will be included in that activity guide, so I will just -- I will stand for any questions that you might have. De Weerd: Okay. Thank you, Colin. Council, any questions? Thank you. Moss: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt, can I first ask if there is any public testimony. Bernt: Yes. De Weerd: Okay. Bernt: I was going to ask you to do that, Madam Mayor. De Weerd: Thank you. That was awfully polite of you. Bernt: You're very welcome. Looking after you. Coles: No sign-ups, Madam Mayor. De Weerd: Is there anyone who wishes to provide testimony on our public -- on our park fees? Okay. Mr. Bernt. Bernt: I'm all confused up here. Madam Mayor, I move that we close the hearing for Resolution No 18-2091. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on 9-E. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Mr. Bernt. Bernt: Madam Mayor, I move that we approve Resolution No. 18-2091, park fees. Milam: Second. Meridian City Council Meeting Agenda August 7, 2018 – Page 130 of 572 Meridian City Council July 24, 2018 Page 18 of 112 De Weerd: I have a motion and a second to approve Item 9-E-1. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Final Plat for Hill's Century Farms No. 11 (H-2018-0068) by Brighton Investments, LLC , Located East of S . Eagle Rd. and South of E. Amity Rd. De Weerd: Item 9-F has been requested to continue to August 21st. So, Sonya, do you know what the reason for the continuance request is? Allen: Yes , Madam Mayor. The applicant needed additional time to prepare an open space exhibit that was required with a previous phase of development. They were supposed to submit it with this application and apparently forgot. De Weerd: Okay. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we continue Item 9-F to August 21st, 2018. Cavener: Second. De Weerd: I have a motion and a second to continue this item to August 21st. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. G. Public Hearing for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company, Located at 615 W. Cherry Lane 1. Request: A Rezone of 10.74 Acres of Land from the R -4 to the R -8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 47 Single-Family Meridian City Council Meeting Agenda August 7, 2018 – Page 131 of 572 Meridian City Council July 24, 2018 Page 19 of 112 Residential Building Lots and 11 Common Lots on 10.25 Acres of Land in the Proposed R -8 Zoning District Palmer: Okay. Item 9-G is -- was not posted, so we cannot hear it even if you wanted to. But I do need a motion to continue or if, Council, you would like to send out notices to the surrounding neighbors once again we can do so. I would suggest that you ask that the applicant pay for it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: What are noticing requirements? Do they just need to post a sign with the new date or do we -- does it -- the mailing have to happen again? De Weerd: Mr. Clerk or Mr. Nary? Coles: Madam Mayor, Members of the Council, I will jump in and Mr. Nary can correct me if I misstate anything. So, with this application what -- what did not occur was the physical posting of the sign on the property. So, one, they need to do that. What the Mayor was speaking to was if the Council so desires to renotice to the neighbors to have the postcard sent out and/or also include the newspaper noticing, that would be an additional step, addition requirement, that would need -- Council would need to direct the applicant to either pay for that or if you didn't direct the applicant to pay for it, to pay those fees, and you still wanted that to happen, then, the city would absorb those -- that cost. So, those are the options in front of you if you wish to have it renoticed. Otherwise, the renotice that occurs is the sign going up on the property and an agenda notice and that is it in terms of renoticing that date. De Weerd: Council President Borton and I talked about this on Friday, because Council -- we have seen several of these and you have expressed concern, so we talked Friday and asked that Mr. Clerk or our attorney would be available to -- to make suggestions on what you can do, since as our planning staff had talk to you about, they do send out an e-mail reminder and that is above and beyond what is necessary, but it is important that we do have full notification. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, I'm just going to make a motion. I move that we continue -- I can't read -- H-2018-0018 to August 21st and I believe -- and I would like to -- I would like it to be renoticed -- send out new notices at the expense of the applicant. Cavener: Second. Meridian City Council Meeting Agenda August 7, 2018 – Page 132 of 572 Meridian City Council July 24, 2018 Page 20 of 112 De Weerd: Okay. I have a motion and a second. Mr. Cavener. Cavener: Question I think maybe for the clerk's office. We feel competent in our ability to get all that information out in time for it to be received with all of our noticing requirements that citizens can be informed in time? Coles: Madam Mayor, Members of the Council, Council Member Cavener, the short answer is yes. However, with the applicant needing to pay the additional fee to renotice, we would -- that would need to be paid in order for us to -- to move forward. So, we can have everything ready that once that check is in hand we can press play, essentially. Cavener: Great. Palmer: I think you had asked earlier if anybody was here for this item. Was there any indication to the public that this item was going to be requested to be continued until the agenda was amended? Coles: Madam Mayor, Members of the Council, Council Member Palmer, we did get notification late last week from the applicant that this would need to happen, because that -- the site was not posted with the sign. So, we did send out a notice via NextDoor to those within the -- the radius stating this fact, that, yes, it would be listed on the agenda, but they couldn't -- Council could not hear it and it would need to be continued. So, we did do that via NextDoor. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Clerk, I skipped over this and so I didn't look at the packet, because it was going to get continued, but I do have a question regard to the packet. Was there a lot of feedback in regard to this particular application? Coles: Madam Mayor, Members of the Council, Council Member Bernt, yes, there is a lot of public interest on this application. De Weerd: Okay. I have a motion -- Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I was just going to say -- sorry. To the applicant that the reason I -- that I included that is because it was simple negligence that -- that this has to be continued to another date and we have had times where a room full of people show up to an event and -- to a hearing and, then, it has to be continued and it's -- it's -- it's just really rough Meridian City Council Meeting Agenda August 7, 2018 – Page 133 of 572 Meridian City Council July 24, 2018 Page 21 of 112 on our citizens and if you're not going to follow the rules, then, that's why we are going to -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think that -- that since there is nobody here that -- I mean if there is nobody here that would have come with the notice that, then, wouldn't have gotten the NextDoor notice saying not to come, so maybe there was somebody who got the paper notice, but, then, also got the NextDoor notice. I think rather than punishing the -- the applicant by making him pay for something that isn't -- wouldn't be required, I would rather us post it on -- on NextDoor to anybody who may have received the paper and planned on coming, but because they got the NextDoor notification saying, okay, I'm not going to go, that they may receive that notice again and, obviously, require that the applicant post the sign, but not require they repay to -- to send out new notices again, since there is nobody here that -- to testify on it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't think this is punishing the applicant in any way, shape, or form. I think this is the appropriate approach in light of the situation to ensure that our citizens are informed that we are going above and beyond to educate our taxpayers, to educate the citizens that are impacted by this project, that everybody is on the same page so nobody is confused, about this. So, I don't think it's a punishment, I think it's best practices and it is a motion that I obviously support. Call for the vote. De Weerd: Okay. The motion is to continue this to August 21st requesting that the applicant send out notices to that the -- the neighboring properties. All those in favor say aye. Any opposed? Okay. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. H. Public Hearing for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Okay. Item 9-H is a public hearing for H-2018-0066. I will open the public hearing was staff comments. Meridian City Council Meeting Agenda August 7, 2018 – Page 134 of 572 Meridian City Council July 24, 2018 Page 22 of 112 Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site is located at the southwest corner of North Ten Mile Road and West Chinden Boulevard and is zoned C- G. The property was recently annexed into the city as part of the Lost Rapids project. A development agreement was required as a provision of annexation, but has not yet been approved by Council and recorded. The applicant is requesting an amendment to the development agreement provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store and the addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application. The concept elevations submitted with the annexation and zoning application were not approved by Council. A provision of the agreement requires the agreement to be amended to include conceptual and building elevations for the Costco store, as discussed at the hearing on April 3rd. Several concept designs were submitted to the Mayor and Council for review prior to submittal of this application. Based on the feedback received, the applicant submitted concept elevations as shown. Building materials consist of split face, stucco, ribbed metal paneling, steel trellis awnings and glass entry and sectional doors. Various colors of materials are used for your interest and variety. A five foot tall berm with landscaping and six foot tall wood fence is proposed along the back, which is the west side of the Costco building, to buffer the future residential uses. This buffer will also assist in screening that side of the building. The applicant is required to submit a design review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards in the architectural standards manual. If any of the standards cannot be met, a request for designed standard exception should be submitted as set forth in the architectural standards manual. Written testimony has been received from Andrea Nist, Chrys Eastman, Helene Thompson, Jenniffer Card, Jessica Carter, Karen Stagg, Sarah Haynes and Steve Travis s. They are not in favor of the proposed elevations and want a more unique neighborhood friendly design. Written testimony was also received from Shane Hanson. His comments were unrelated to the subject application, though. Staff is recommending approval with the changes to the development notes in Exhibit A-3 of the staff report. Staff will stand for any questions. De Weerd: Council, any questions? Okay. Is the applicant here this evening? The applicant will be given 15 minutes to present the project and, then, we will enter into the public testimony, which is three minutes for each member of the public that would like to testify. If there is a spokesperson for a larger group, an HOA or a neighborhood association, that person will be given ten minutes if they so choose and, then, we will ask the applicant to have concluding remarks and, then, Council deliberation. So, thank you for joining us. If you will, please, state your name and address for the record. Kahn: Thank you, Madam Mayor. My name is Peter Kahn. 999 Lake Drive, Issaquah, Washington. I represent Costco. Madam Mayor, Members of the Council, I will just have a few brief opening remarks. With me tonight is my architect Steve Bullock. He will have some -- Steve will present an overview of the design and the intent of the design and I will start with first saying I appreciate staff's report and, of course, we Meridian City Council Meeting Agenda August 7, 2018 – Page 135 of 572 Meridian City Council July 24, 2018 Page 23 of 112 support the conclusions of the staff report. Secondly, I would like to thank staff and all of you for your help and input on this design. We really tried to make this into an iterative process and their help was -- everyone's help was instrumental in helping us come up with a design that we feel is contemporary, is of visual interest. We believe that it speaks to the community standards, is a sustainable design and is unique and unique for Meridian. With that I will turn it over to Steve. He can walk you through some of the design features and some of the things that we hope you will find makes this an attractive building and a welcome addition to your community. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sir, I have a question for you. We received many letters over the last week or so and the main -- one of the main complaints is that they were told that the neighbors were going to have some input and they did not have the opportunity to -- to help give the input on the design of the building. Do you have any response to that? Kahn: Well, we did have a community meeting, which we properly noticed and, unfortunately, we didn't have anyone show up at the meeting and -- but, you know, I didn't know how to interpret that, if that was a lack of interest or if community members, you know, didn't want to engage at that time. Many of them had my name and address and we communicated when we had our prior hearings. They certainly could have reached out to me and I always respond and, you know, that's only the right thing to do - - Milam: Right. Kahn: -- and if I had known of their interest and, you know, unfortunately, it sounds like there was some miscommunication and it just didn't happen. But we were more than willing to -- to talk to anybody at anytime. Milam: Thank you. Bullock: Good evening, Madam Mayor, Council Members. My name is Steve Bullock. I work for MG2. Our address is 1101 2nd Avenue, Seattle, Washington. As Peter said, we are very grateful with the feedback that we received from both staff and -- and Council Members in -- in trying to get to the design that we have right now and our goal all along with this was to come up with -- with this a final solution in design that reflects who Costco is as a -- as a retailer, wholesaler, somebody that provides quality goods, high quality goods, things that last long for a good value, that's -- that's who they are and they want that imagine to show in their facilities and at the same time we also want to -- wanted to create a design that was something that would fit in with Meridian, that would fit in with the community, that would meet the city's codes and -- and standards and be a unique final design and solution that -- that people would be happy with and in doing that we believe we have come up with -- with a design that -- that does that. It -- it Meridian City Council Meeting Agenda August 7, 2018 – Page 136 of 572 Meridian City Council July 24, 2018 Page 24 of 112 uses a number of materials and -- how do I -- we are using concrete as -- as a material that will have reveals and shadow lines cast into it. We are going to be using split-face CMU. We are going to have a stucco finish. We are using some architectural metal panels for accent pieces and we are exposing a bunch of structural steel in the form of trellises and -- and knee braces and introducing glass all along our front entry canopy and -- and tire center. Glass walls. Trying to incorporate all these different materials and -- and treat them a little bit differently as we go around the building to -- to tie it together as one cohesive whole, as well as to create something that is interesting, that - - that is -- is not static, that -- that provides new glimpses and -- and interesting views and elements as you wrap around the building. We like to start with the entry canopy, because that is such an important feature of the building and as we -- as we develop the two facades, along with the entry canopy that are our most public facades, then, we take cues and -- and features from those and continue to wrap those around the building to make sure that the building has an integrated whole, that it is -- it is something that the design all the way around the building is -- is connected, it speaks to it -- itself and -- and what it is and -- and that's not to say that it's identical on the back as it is on the front, but it is to say that we are coming up with a -- a solution that you do know that it's a Costco as you wrap around the building and it responds from a design perspective to -- to be the back side of the building. It's still part of the building. It's simple, but -- but it still reflects some of the character of the front and in this case it's -- it's quieter and -- and something that is a good neighbor to the -- the surrounding residential to the south and the west. One -- one comment that was made is -- is that the entry canopy -- it would be a nice if the entry canopy had a little bit more of a market type feel and one of the things that we wanted to clarify about the entry canopy is that -- that the -- the glass doors you see on either side of the -- the main entry -- the main entry is a -- is a storefront curtain wall with sliding glass doors, but -- but the glass doors and walls on either side of that are actually roll-up glass doors and -- and the purpose of that is that -- we call it a cold weather canopy and in places where we have cold winters we want to be able to close that area off for the protection of employees, customers, and -- and equipment and facilities. But, then, as -- as things warm up, then, those doors can open up and it becomes more like an arcade and -- and a place where people can sit in the shade or -- or in the sun and -- and -- and it provides more of that market slash arcade or colonnade-type of feel there at the entry canopy and this kind of gives you a better picture of what that's like. As we kind of go around the building in a clockwise fashion, this is going down the east facade of the building, the tire center is along that area and -- and you can see the mix of materials and the change of colors between the concrete pilasters, the CMU found -- foundation strip and, then, where it pops up at the corners, the stucco that kind of wraps around the -- the tire center bays and then -- and, then, the architectural metal panels kind of framing the -- the -- the corner as well with -- with trellis features that -- that provide some additional depth and an interest at the corner of the building there. Oops. Wrong direction. This is -- to the right is the south facade and, again, this is a very quiet facade of the building. We have a driveway there to allow for emergency egress from the building if -- if ever needed and also to provide a secondary way to the receiving area if needed, but in -- in all reality there is -- there is multi-family residential to the right of the screen and there is single family residential to the left of the screen. We are trying to create something here that is Meridian City Council Meeting Agenda August 7, 2018 – Page 137 of 572 Meridian City Council July 24, 2018 Page 25 of 112 still consistent with the design that we have on the north and the east facades of the building, but that is a little bit more subdued and -- and creates a rhythm that's -- that's just quiet and -- and easily fits into -- to the residential areas and we are relying more on landscaping to screen and -- and soften these facades of the building. As we wrap around to the -- the north -- the northwest of the building, you know, again, you see the - - the corners popping up with the CMU and further emphasized with a concrete pilasters and structural steel trellis features and -- and landscaping. Here is -- here is some elevation views and -- and we always show these at the -- at the end, because you never do actually ever experience a building as you see the elevations and so they are always a little bit cautionary. You can get kind of focused on these and go, wow, that's a really long building. But in reality you never experience it like that. If you're -- if you're far enough away from the building that you can see it, it's so small at that point that you don't realize it, but when you're up close to it to -- to see how big it is, then, you're not experiencing it. But this does give you an idea of all the different things that we are doing around the building related to changes of materials, colors, architectural features, pilasters, trellises, glass, curtain walls and roll-up doors and -- and -- and cornice features, too, where we -- we change the depth of the -- the cornice feature to -- to give enhancements in different parts of the -- of the building. We wanted to -- to bring up this site plan, which is also part of the annexation and -- and rezone and -- and just to further emphasize -- does my mouse show? Just how much landscaping is -- is located along the west side of our building and along the south side of our building to -- to screen those two sides of the building that are a little simpler from an architectural perspective, but there is a significant amount of landscaping providing an additional screening and softening of those elevations. This is a section that shows what the -- what that portion of -- Especially particularly from -- from the southwest corner of the site there is a very large planted area that is inclusive of a berm and -- and -- and fencing to -- to screen the building, you know, up over 12 feet in height. So, with that I would be happy to answer any questions that you have of me related to the design. De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You might not be the person really to question. It's not really about the design, but it's kind of about the design. The windows that are part of the -- the nicer part of the facade on the -- in the building and here they are shown up you said when there -- it's warm weather. Would the intention be to lower those every evening, even in the summer months when they would be open? Bullock: And that's -- that's kind of up to the -- the store manager how they want to deal with that. Those doors are not -- they are not providing any locked up portion of the building. One end of that -- that entry canopy is -- is wide open and doesn't even have a door. So, people could still get behind there, even if those doors are down, but it's -- it's -- it's more of a -- just how does the store manager want to -- to operate that. Meridian City Council Meeting Agenda August 7, 2018 – Page 138 of 572 Meridian City Council July 24, 2018 Page 26 of 112 Milam: Okay. Madam Mayor? De Weerd: Uh-huh. Milam: Somebody may want to answer that, because if the intention is so that the building will look nicer, yet six months out of the year that's not there, it kind of takes away a lot of that intent. So, that's -- and like I said, you may not know the answer to this, but -- Bullock: Well -- and I would argue -- I mean you may think it -- it doesn't look as nice with -- with those down. I think it still looks very nice with them down and it's a different feel when they are up and there is more of an open arcade when they are up, yes. Bernt: Madam Mayor? Kahn: The open field is definitely nice and I think the biggest thing is the winter months here is -- it really becomes an energy efficiency issue for us more than an aesthetic issue, because if you have been to Boise or you have been to the Nampa, the units that we have, the entry and the exit don't have doors. So, we have employees standing there either to check your card or check your receipt and without the glass and the slider door at the front they get cold and we lose a lot of energy to the environment and energy efficiency is a big part of one of our operational concerns since, you know, with all the refrigeration we have and air conditioning and heating and everything, we use a lot of power and if -- at least in the winter months, you know, our goal is to minimize the heat loss from the building and a lot of the materials that we choose just for the building skin are chosen because of their energy efficiency. The stucco that we are using as a -- is an integrated panel that has an R rating of like 19, I believe, which is pretty remarkable and is in a -- you know, a wonderful insulation material and so having the doors up or down, as Steve pointed out, it will be up to the -- the manager's call on that, but, you know, you guys have really nice weather here. You know, coming from Seattle I can tell you. The -- I think the doors will be up a lot and -- but, you know, on the colder months I would expect to see them down more than up, so -- De Weerd: Okay. Any other questions? Thank you. Mr. Clerk. Coles: Thank you, Madam Mayor. As far as sign-ups go, first on the list to sign up for the public hearing Linda Arnold, listed as against, no indication of a testimony. Michael Arnold is listed as neutral. Jane Albert is listed as against and wanting to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Albert: Good evening. My name is Jane Albert. I reside at 6628 North Salvia Way in Meridian. Meridian City Council Meeting Agenda August 7, 2018 – Page 139 of 572 Meridian City Council July 24, 2018 Page 27 of 112 De Weerd: Thank you. Albert: Thank you. First I must reiterate my objection to the project and the fact that the City Council ignored the city's own Comprehensive Plan in approving that. This remains a significant disappointment that residents cannot rely on the very document that is supposed to be used by citizens, quote, to better understand the city's vision for their neighborhood, their business, and the city as a whole. De Weerd: Ma'am? Albert: Yes. De Weerd: If you can testify on the application that is in front of us. Albert: That is the next paragraph. If the Costco project proceeds, neighbors deserve better than the conceptual design submitted by the developer. We want to see an effort put forth to create a unique design compatible with the neighborhoods surrounding it and you did, too, having focused so much time in the April 3rd meeting on design elements of this project. This seems to be simply a mash up of the same old design. It is known that the developer held a neighborhood meeting on the subject and despite the demonstrated wide interest in the project and rather than being inclusive and transparent, they held to the bare minimum of required noticing. But as neighbors of the project our preference is to have a discussion of the proposed elevations with our elected officials present and recorded in official meeting fashion. Prior neighborhood meetings held by the developers have demonstrated that they offer more of a sales pitch for the project, rather than genuine listening sessions. Yes , the Mayor, City Council, and staff had the opportunity to comment on the different designs presented to them, but isn't it in everyone's best interest to have comments from those who actually live in the neighborhood and are directly impacted on the record, rather than relying on the developer's recollection and interpretation of the citizens' input. I urge the City Council to deny the modification to the development agreement and require Costco to make changes to their conceptual plans to reflect our input and, again, go through design review with a concept that is deserving of the neighborhoods that they are invading. Surely the developers have the resources design -- to design something that blends with the existing neighborhoods. I do not observe red, black, blue, gray concrete metal accents nearby. Thank you. Palmer: Madam Mayor? Bernt: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and ma'am, you had mentioned that you wanted to have a discussion with your elected officials on the record. Here we are. We are on the record. We are here. What would you like to see specifically in the design is the question. Meridian City Council Meeting Agenda August 7, 2018 – Page 140 of 572 Meridian City Council July 24, 2018 Page 28 of 112 Albert: I think something that blends with the color schemes, maybe something that is unique. This is -- doesn't necessarily reflect, in -- in my opinion, the feeling of the neighborhoods. These neighborhoods are now established. There are blends of colors and textures that I believe should at least be considered in some of the design elements that have been presented. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Ma'am, thank you for coming this evening and I -- we certainly don't want to put you in a position where you feel like you're getting blistered with a bunch of questions, but I do have one. You speak about color schemes and different materials. In your opinion what -- what would those be? Albert: Well, again, I think that they should blend. I don't think this blends in -- in the neighborhood. This is being put smack dab in the center of now existing neighborhoods that have very specific guidelines for architecture on colors, et cetera. Bernt: Correct. Albert: I understand the logo, I understand marketing, I understand they are not going to change the color of the Costco logo for my neighborhood, but I do believe that there could be an effort perhaps put forth that showed that this was more of an inclusive design, perhaps, than the standalone commercial project. Bernt: Madam Mayor, follow up. So, are you speaking in regard to like -- just like the same type of -- or similar type of building materials that you would find on homes that are surrounding this -- this potential development? Is that what you're saying? Albert: Well, sir, I'm not an architect and I appreciate Mr. Bullock's comments, but I -- you know, I think that we have some unique properties. I hear that the -- the marketplace that Albertson's just built is a -- is a -- it's an example of perhaps something that would fit better into the core of our neighborhood, because that's where it's going in the -- smack in the core of our neighborhood. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate your comments and, then, I guess I want to echo Council's standpoint. We take this seriously and so I think there is a lot of desire for us to hear from the public and -- and I think whether you believe it or not, the applicant is here and they are going to respond afterwards to the feedback that you provide and so I guess I just would encourage you to take this opportunity to tell them how you would want it to Meridian City Council Meeting Agenda August 7, 2018 – Page 141 of 572 Meridian City Council July 24, 2018 Page 29 of 112 look or you would like to see done differently. I hear a lot of -- I don't like it. I want it to blend. But one of the things that I noticed serving on this Council, you ask six Council Members a question, you're going to get seven different answers. And so you have to sift through that. But help me kind of see through your eyes. Is it -- is it the color? I mean is it -- Albert: This is a -- this is a -- they are calling it a contemporary or modern design and I think this can be done in such a way -- I understand this is a warehouse. I get it. It's a 168,000 square foot warehouse building. I don't know the types of elements that could be used, other than to say I think that concrete, steel, glass -- you know, are there ways -- I would ask -- I would push back on them. Are there ways to modify this. Is this the only option that -- that you see. You had lots of questions about this. There were many questions -- there are other designs that were viewed that evening. This is the only requirement put on them. This is what you want. You're the one that -- that put these requirements on them. Is this acceptable to you? Palmer: Madam Mayor, I will answer that. I mean to me, you know, I look at this and, you know, you mentioned colors and whatnot, to make sure that everything stayed on the record. I don't dare go look at, you know, the colors of the houses that are in your neighborhood, but considering my neighborhood -- I'm, thankfully, no longer on our HOA board, but we -- as we get our daily about -- our neighborhood is about eight to ten years old and daily -- Albert: I'm sorry, I didn't understand you. Palmer: Our neighborhood is about eight to ten years old, most of the houses in there, and daily, you know, we would get e-mails of people with their paint requests and a heavy percentage of them are -- are multiple shades of -- now I just said shades of gray -- dark grays and various grades especially, because they are -- it's a very popular color right now. So, can you -- you know, you mentioned you wanted to blend with the colors of your neighborhood. I know we keep trying to repeat this and asking it, but I'm trying to draw it out of you, what are some colors or -- I understand you might have some concerns with the -- you know, the concrete, a lot of it, you know, the -- amazing things are done with concrete these days. The Meridian Temple, the entire exterior is concrete, but the -- are the colors -- it is the metal that's -- that's really causing heartburn for you? Is -- did you want -- Albert: This is the only design that we have any input to. This is it. We didn't have the -- the opportunity to provide any input to discuss this with the applicant, to talk with the architect, to say what -- what's available to us. What -- you know, I understand this is not designed by a committee, but the -- the -- the tones that are in our neighborhood represent what I feel about it and the feeling that is here in Meridian, which is they are -- they are earth tones and, you know, they mean roots to me. It's -- it is -- this is a -- I think an eye sore. Again, I understand it's a warehouse. I understand that we are not going to change Costo's logo. But it just feels as though there could be an attempt -- a better attempt made to have this blend into our neighborhood. I'm sorry, again, I'm not Meridian City Council Meeting Agenda August 7, 2018 – Page 142 of 572 Meridian City Council July 24, 2018 Page 30 of 112 an architect, I don't know what the options are. Could there be -- what -- could there be -- you know, what are the possibilities. So, I know you're asking me for answers to that and I'm afraid that -- but what I know is that this does not blend in my neighborhood and I don't think it takes anyone too many trips through that area to know that. Bernt: Madam Mayor? I think I can help you out a little bit. We are asking the same question to you and what if -- I haven't seen the Albertson's new marketplace, but I have heard raving reviews about how cool it looks. Is there a possibility that we can get that on the record and maybe get like -- put that on the computers and put it on the record, so that maybe -- maybe you can just -- we all can look at it together and maybe see if that's more like a look you're looking for? De Weerd: I'm sure Costco wants to look like Albertson's. Bernt: I mean -- Palmer: Madam Mayor? Bernt: I mean it is what it is. I mean it's a look. It could be -- it could be a library for all care, but it's a look that maybe you -- that the residents looked at and is liking and I think we are here to discuss and to -- you know, to talk about what they feel is more in tune with their liking and if it's a competitor, I -- I think we should look at it. Albert: Well, Madam Mayor, I was put on the spot to come up with some kind of explanation of what I'm trying to say and that -- that came to my mind. I understand that's a competitor. I'm not asking them to -- De Weerd: No, that was -- Bernt: We were joking. Albert: But I did feel as though -- you know, it's -- it's -- it is a design that perhaps is -- is one to be considered and I'm sure that there are others. Ours is not the only community this company has come into it and has asked for some kind of modification to fit into the community. You looked up those -- on the computer when -- when we were here at other hearings. When you asked them -- when you made this a condition. De Weerd: Mr. Cavener. Cavener: Madam Mayor. And, Mrs. Albert, I guess maybe more than a question to help us kind of see your perspective about the process, I understand that they had a neighborhood meeting and you contend that not the right amount of people were invited. It doesn't sound like that you attended, but -- and we also have the ability to view this application on the city website and we received a bulk of e-mails that all said the same thing and -- and no comments about aesthetics or design or brown or black or Meridian City Council Meeting Agenda August 7, 2018 – Page 143 of 572 Meridian City Council July 24, 2018 Page 31 of 112 purple or polka dots -- none of that. Can you help me get a good understanding as to -- to why we didn't receive any? Albert: Well, that surprised me to get -- they had an awful lot of people. I -- I can say that the neighborhood meeting was held at the exact same time as a neighborhood meeting for another project in my development. There was some confusion on the part of our HOA as far as posting that meeting. I also -- so, I can tell you some of the reasons that I wasn't there. I wasn't even aware of the continuance from last week until I went into the file to see that it had been continued to this week and that's why I'm here testifying. I came last week as well, just in case it was heard. So, I -- I don't know that. I don't know the answer to that. But I would have loved to have gone to the neighborhood meeting to see these -- but the posting requirements, the 300 feet, which is not my home and I think that -- I only -- I know that they held to the requirement, but it -- I wish that there had been more of an inclusive nature as Mr. Kahn is implying that he wishes that -- that he so desires. Cavener: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: On your screen right there are you seeing the -- what they just put up? Is that the -- Albert: Yes. Milam: Are you still seeing the Costco or are you seeing -- Albert: No. I see that. Milam: Okay. So, can you -- so, this is a building that you think would be more cohesive to your neighborhood? Albert: This is -- this is -- I haven't -- I haven't seen this building. Thank you. Someone said and I just thought I would ask and I heard, wow, that's a really cool design. Milam: And I just -- but I'm just asking you to look at it and tell me if there is any feature there that like stands out to you that you think, oh, this is what it -- I think would help us -- Albert: You know, I'm going to -- I just have to push back a little bit and say I -- you know, this is the requirement that you all made of them and so I guess -- I guess -- I guess what you're saying is that this is -- this is a design that you approve of. You know, I see some wood elements here. I see -- I think -- I don't know if that's brick or not. You know, I see some design things here that are more attractive than a concrete Meridian City Council Meeting Agenda August 7, 2018 – Page 144 of 572 Meridian City Council July 24, 2018 Page 32 of 112 building. But, again, this is, you know, my first glance, but I'm -- I guess I just need to -- I'm wanting to be on the record to say that I think that we deserve better and I think that you actually are the -- are the ones who asked them to come back with some more interesting designs and if -- if that's the design that you think is the one that is more interesting and fits into that area, then, you know -- this is my only opportunity for input and I disagree. Milam: Thank you very much for answering that question. Coles: Richard Gardner was signed up against, no indication of testimony. Michael Battaglia against, wishing to testify. De Weerd: If you will, please, state your name and address for the record. Battaglia: Michael Battaglia. 4212 West Wolf Rapids Street in Meridian. De Weerd: Thank you. Battaglia: It's the Bainbridge Subdivision. Just to get back to something -- De Weerd: Can you pull the -- the mic closer? Battaglia: Just to get back a little bit to what Jane was trying to at least -- at least my feelings would kind of piggyback hers. I think there is a lot -- a lot -- a lot better colors like browns, tans, mixtures of browns and like the dark color brown, which is really reflective of the entire -- of our entire subdivision of Bainbridge. There is very few grays and so, therefore, to have this big gray thing sitting there -- it's really out of -- out of character. Granted that there is going to be -- or proposed some apartments and a few other type of developments around it, which would shield it, but until those get even planted, we are stuck with what -- with what -- with the Costco building by itself, albeit landscaping is there, but not -- there isn't anything high like the building is. I just want to touch on four different things that were -- at least three different things that we at the back end or the bottom end of the staff report. Let's see. Store hours. From what I read it was 6:00 a.m. to 10:00 p.m. That was the last line of the staff report. De Weerd: I think we are only talking about design tonight. Battaglia: Well, these are all things that I read in the development agreement. De Weerd: But the development agreement is only being opened up for the -- the elevations. Battaglia: That's it. Okay. Thanks. De Weerd: I do need to note for the public record -- I didn't see the elevations. I did have an opportunity to comment. Mr. Bernt did bring it to a meeting that he showed me. Meridian City Council Meeting Agenda August 7, 2018 – Page 145 of 572 Meridian City Council July 24, 2018 Page 33 of 112 So, I don't know if it was supposed to go to -- to me for comment, but just wanted the neighbors to know I -- I didn't have input, so -- Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I think the -- you know most of the input -- a lot came from me during the -- the public meeting when we pulled up various other Costcos and it's like could we get some glass, could we get some metal, could we make it look more modern -- I asked the clerk to see if he could pull up an image of the most recent Costco that's been built in our area, the Nampa one to see -- have an idea of the building here compared to -- in my opinion this gorgeous thing in front of us. I wish it was in my neighborhood. And so do they. Madam Mayor? De Weerd: Mr. Palmer. Palmer: I guess -- so the -- here we have got, you know some browns and what -- I am assuming there is more people that signed up, but the -- I don't know. To me this feels more warehousy, you know, with the browns -- you know, we have -- we have several warehouses in Meridian, they are all brown. Drove Franklin -- all these industrial buildings are all brown stucco, so -- De Weerd: Is that brick? Okay. Go ahead. Coles: Thank you, Madam Mayor. Suzanne Langdon was -- signed in as neutral and Marsha Dennis signed in as neutral. And that was all the sign-ups. De Weerd: If your name was read and you do want to provide testimony you certainly can change your mind. Is there anyone who would like to provide testimony that hasn't come up? Yes . I guess the first hand in the back, the woman with the long hair. LeFever: Wait for that to scan in there for a second. De Weerd: That's what I get for not wearing my glasses. If you will, please, state your name and address for the record. LeFever: My name is Denise LeFever. I live at 6706 North Salvia Way, Meridian, Idaho. De Weerd: Thank you. LeFever: That's Spurwing. Bernt: Long time no see. Meridian City Council Meeting Agenda August 7, 2018 – Page 146 of 572 Meridian City Council July 24, 2018 Page 34 of 112 LeFever: I know. Really long time, isn't it. Is that in? Yes. Great. Great. I am opposed to the project. We all know that. For many reasons. But I just think they can do a better job. Those pictures aren't coming in very well, but Walmart was, basically, built in a field and their design requirements were a lot higher. They have a lot of different elements in there. That's all blurred out there, but there is -- there is -- there is the tile on top of one of the roofs. There is tip outs. There is stucco. There is bricks. There is -- there is just all kinds of different elements over there in that Ten Mile Walmart over there. There is nowhere in there -- there is their traditional blue stripe that goes around the building, even -- even if you go back and look at the logo, it's white, you know. Not that I'm in love with the building, but they really did go back at the time when they approved this Walmart and upgraded the look of Walmart. I expect that out of Costco, an upgraded look in a neighborhood -- they have dropped it right in the middle of a neighborhood, upscale neighborhood, and I expect it to look nicer than what's being presented. Some of the things -- since there is some confusions on what's expected, we would like it to blend. We would like all sides of that building to be upgraded. We would like them to lose the red line that goes around that. They don't need the red line. We would like some tip outs. Some pillars. Some posts. Some change in the logos. Some bricks. Some rocks. Some areas with picnic tables and umbrellas, with an area that you can sit out and have pizza and hot dogs, make it more community friendly. Actually, I -- the marketplace that was up there, I thought it was a lot better look than the building that's been designed here. The other buildings that were referenced, since we will get it on the record, Ty, is those are in commercial space and they are perfect in a commercial space. This is in a residential surrounded area. We expect better. We deserve better. Also one other thing is this is kind of a little outside there. I think this is a real illustration on the part that people didn't show up at that neighborhood meeting that our process as a city on a whole -- the neighborhood process is broken and that's something at a later date and time that we need to go back and revisit. Maybe revisit how we notice them. Revisit the posting. Maybe we put a sign up and post to allow people that opportunity to be involved, to change things from actually embracing the community and having community involvement, instead of just a sales pitch. I have been to all the meetings and by looking in the audience and what happened last time over livestream, there is people that do want to make comments, you know, and I think that would make a better place for Meridian to live in is that people have a chance to comment. In addition, when Costco is this billion dollars in revenue and billion dollars in profit. Knowing the contention that's been on this project, they could have gone out, done advertisement, and as we can see over there with the news here, they have a news release. They could have put that out to the news. If they really wanted the neighborhood input they could have asked for the neighborhood input. So, with that said I think they need to revisit their design and give us something better for that neighborhood, so -- De Weerd: Thank you, Denise. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 7, 2018 – Page 147 of 572 Meridian City Council July 24, 2018 Page 35 of 112 Palmer: Thank you so much for coming to as many meetings as you do. It's great to -- to see you out there. I have got a couple questions for you. You had kind of gone through a list of different materials around the exterior of the Walmart. I believe all of which are presented as a -- the plan for the Costco, so if there is any that -- that you mentioned that are missing, like they will write that down. Also you mentioned the red line. So, it looks like the plan is to have the red line only on the front two sides, but not necessarily facing the neighborhood. Is it a concern of yours that it exists at all, the red line, or just that you didn't want it visible from the neighborhoods? And also are the browns kind of an important aspect to you, other than the grays? LeFever: As far as how it goes, as long as it doesn't look like the commercial Costcos, they need to work on blind -- on blending. It can be different colors. This is kind of -- I would say it's more monotone. It's kind of a two different color look. They can mix it up a little more and, yes, I do want to see the red line removed. Walmart doesn't have a red line around it. It's just right down the corner. You know, they have done a better job of trying to make it blend into their community of upscale. I'm not necessarily fond of the oranges they used, I just think they just need to do a better job of finding materials and give you more of a non-monetary, bland commercial look to this building. So, upscale it. You put it over in nice neighborhoods, give us a nice building. And, once again, the marketplace I think has a lot better elements on it. Palmer: Madam Mayor? So, you want the red line gone -- LeFever: Yes. Palmer: -- but you want brighter, more -- more to stand-out colors? LeFever: No. I want more colors. So, just more -- more features in there. Maybe rocks, bricks, some other features in there. Some aspects of this kind of look still like a concrete warehouse. It would be nice if they would go back in on the marketplace and put that really nice patio area, you know, and make it part of the community. Go back in and put picnic tables out there. Go use your red -- go use your red umbrella. You know, that's a good spot for it. Palmer: Thank you. LeFever: Anything else? Palmer: Madam Mayor? De Weerd: Mr. Bernt. Palmer: Denise, have you ever been to Park City, you know, and how they have -- you go up there and -- in the mountains and all of the buildings, you know, look different, more mountainous and sort of conform with -- is that sort of what you're talking -- Meridian City Council Meeting Agenda August 7, 2018 – Page 148 of 572 Meridian City Council July 24, 2018 Page 36 of 112 LeFever: You know what, I got invited to go visit Park City, but I have not been yet. It's my intention to go visit Park City sometime. So, I wish I had seen that one, so -- I do know in different areas when you travel around the facades go back through and change. If you have ever been on a cruise they completely changed the facades when you -- when you go into the Caribbeans or spots in Alaska or different areas like that, you get off and they have all these lovely facades and stuff that make it look really beautiful. You know, if it's going to be here, which I'm still opposed to, but if it's going to be here, let's kick it up a notch. Let's do a better job, so -- Bernt: Point taken. LeFever: Thank you. De Weerd: Thank you. Bernt: Thanks, Denise. De Weerd: Yes, sir. Good evening. If you will, please, state your name and address for the record. Burke: Madam Mayor and Council, I am Rick Burke. I live at 6092 North Santa Rita here in Meridian. De Weerd: Thank you. Burke: Just wanted to testify today if I may and I appreciate the opportunity. The design -- the change of design is really -- it really doesn't do much for the originality of it. There -- it's -- it looks like a cookie cutter drop from the sky, designed like any other. There is no originality to it, which would help the neighborhood immensely if there was something a lot nicer to look at, as opposed to a big warehouse such as it is. Take a look at what they did for -- or they are doing for the Albertson's on Broadway. There is a lot of originality there, a lot of -- a lot of thought was given to it. So, I think if our developers on the Costco would use that kind of concept, originality and different textures and colors and building materials, it would look far better for the neighborhood. And this could all be very well a moot issue, because since this -- the whole project is going under judicial review, that this may be moot and they may have to come back and start all over. So, I think -- I think making any decision tonight on the design review is -- should be tabled. That's all I have to say. Thank you. De Weerd: Thank you, Rick. Burke: Any questions? De Weerd: No. Thank you. Yes. Meridian City Council Meeting Agenda August 7, 2018 – Page 149 of 572 Meridian City Council July 24, 2018 Page 37 of 112 Swanson: Hi. De Weerd: Good evening. Swanson: First I want to thank you for letting us talk. I'm not prepared, but I didn't think we would get to, but I just wonder -- De Weerd: If you will, please, state your name and address. Swanson: Lori Swanson. 2746 North Exeter Avenue in Bainbridge. De Weerd: Thank you. Swanson: Thank you. So, just for the sake of showing there is some agreement here, the notification process might be legally, but I came in at a time when -- when the last meeting was -- and I just only found out about the meeting the day before, because somebody posted a piece of paper by our mailboxes and so I showed up for that. And, then, you know, I don't know how we missed these notifications, but they are not really obvious, they are not really meant, I don't think, to invite everybody. So, I just want to reiterate that, yes, you might like the other ones, but they are not in the neighborhood and that's the big significant difference here. This is a neighborhood and it's an upscale neighborhood or it's supposed to be and so something should be different. It shouldn't be just like the Nampa one, because it's not in the same kind of neighborhood. I'm thinking of an area that I came from, a Costco, they have in between every row of parking lots they have arbors -- they might not be redwood, but they look something like redwood with vines and things over them. The shopping cart areas have something similar. When you go over here to the Home Depot off the state highway and Eagle, they have a gazebo type thing with benches in there as you're getting close to the entrance of the store. Again, the area that I came from also has a Whole Foods and things like that. They have nicer cement rounded tables. I mean just -- I'd hate to see them just put the metal where people eat in the, you know, courtyard area there for the hotdogs and all that. Just metal tin tables. I'm -- I'm referring to the San Luis Obispo location. They have kind of upscale things, because there is an upscale neighborhood nearby. That might be something to take a look at online. So, that's pretty much all I wanted to say. De Weerd: Thank you. Maybe staff can pull up the Costco in that area. Other testimony? Good evening. Stevenson: Good evening. Madam Mayor, Jerry Stevenson. 6040 North Ten Mile Road, Meridian. A f ew questions I actually have on this question they didn't really cover are the neon lights at night and my request would be to have them turned off or really dimmed in the evening to try to -- so they are not standing out -- everything. Because I look out my window and they are right across the street from me. So, that's always an eye sore. Then also I didn't see anything on the dumpsters or trash. Is that all handled internally behind closed doors or -- I didn't see any facility plan for that. Meridian City Council Meeting Agenda August 7, 2018 – Page 150 of 572 Meridian City Council July 24, 2018 Page 38 of 112 De Weerd: I think that was part of the original application. This is just on the elevations. Stevenson: Okay. Well, I just thought that for a design standpoint that that would be included in on -- on covering that part. De Weerd: Yeah. That's more a part of their site plan. Stevenson: Okay. I didn't -- and I don't know if it was a hearsay or not, but I thought somebody said that there was an ask for a variance on the height. Is that -- there is no change -- I mean it's just standard heights on this. There is no unusual thing there. De Weerd: I -- I don't recall any request for a variance for height. Stevenson: I just wanted to verify that. And, then, on my input would be for the design on that, I think what everybody is kind of looking at is -- it's a box, it's a warehouse, and one thing that could help soften that up is if there was like a pitched roof look, what you could do by going out with some awnings out to the side would give it a pitched look, so it's more of a roof and I think that would fit in the -- De Weerd: Kind of see the screen right in front of you, that's -- that's the Costco I believe that -- that Lori was referring to. Stevenson: Okay. Yes . And on that line and, then, even around the outside on the sides, if they was wanting to continue back there, too, because that's -- that's what you're seeing on the road, basically, is the -- you know, the whole building itself and even along the whole side of the building, maybe even on the back for the neighbors on the back side might appreciate that. If that's not just in the very front section only I think it would probably help to have them in there. And, then, I don't know, I personally -- you know, it's a personal thing I have that I don't like bright red. If they were to tone that down or darken that up, you know, going to have that for their -- you know, that might soften the impact of the -- the red color a little bit and, then, the other thing that I'm -- again, if I go to the site plan will there be any input on that, too? I'm concerned about the -- the sign -- signage and things like that. They probably have it -- because I have been through a lot of these different things in the past and it seems like my house always gets affected with street lights being put up that I didn't know anything about and now it shines down in the bedroom window. I can't have the windows open at night, there is things that aren't ever thought of in this building process that -- that has affected me and that's why I'm trying to look ahead on the signage and things like that on that, because there is no berm that's going to be on their side of the street from where I am at to, you know, kind of blend anything in. That one is from the -- that one there is from the other side. So, one of my concerns is on the site plan itself is -- so, the other buildings after that one's finished they put new buildings in there, that's going to be right on the street and I think that's a real eye sore. You come down from the interstate and how close those buildings are right there to the -- to Ten Mile, I think that they should -- Meridian City Council Meeting Agenda August 7, 2018 – Page 151 of 572 Meridian City Council July 24, 2018 Page 39 of 112 they shall have all been set back. It would be -- just give everything a much better appearance personally and it's just going to be, you know, just not an open feel at all when they start building the rest of the buildings, too. Then the other thing is, too -- De Weerd: I'm sorry, your time is up. Stevenson: Okay. All right. De Weerd: But I would invite you on your site specific concerns and questions -- staff can -- can sit down with you and show you the site plan and -- and the signage package and lights and -- and all of that. So, I would -- I would suggest that you sit down with them and -- and see what that is. Stevenson: Okay. But has that been -- is that finalized? Is that completed then? De Weerd: That -- that was part of the approval. Pardon? No? There is going to be a hearing on that? Okay. Allen: Sorry. It would help if I turned it on. We look at the light details more at the design review -- staff level review. So, there -- De Weerd: That is why it's important that he sits with you. Allen: -- the design review? Yeah. Stevenson: So, there would be input available then? Allen: Certainly. Stevenson: Okay. Thank you. Allen: It's not -- it's not a -- let me -- let me clarify. I'm happy to talk to you at any -- at any time to receive your input. They do have to comply with the standards in the architectural standards manual. The minimum, so -- De Weerd: Additional testimony? Council, would you like to hear from Denise again? Okay. LeFever: Denise Lefever. 6706 North Salvia Way. Spurwing. I just want to say that picture of the one in California with the tile roofs and the bays, with the tip outs and stuff, that's a good -- that's a nice start. I like that one, so that's all I'm going to say. De Weerd: Thank you. Schindler: Madam Mayor, my name is Marty Schindler. 6835 North Topaz Jewel Place and I live within an eighth of a mile of the new structures. Meridian City Council Meeting Agenda August 7, 2018 – Page 152 of 572 Meridian City Council July 24, 2018 Page 40 of 112 De Weerd: Thank you. Schindler: I would encourage -- since this is a democracy that we all sit and work around in this world, is that as my elected officials is I would suggest that we contact Costco and trash that design that's up there, because it's nothing but a big box store and I think the marketplace is a great example that Albertson's put into that design work. And, Ty, I was offended by what you -- and appalled by what you said you would -- you would encourage that in your neighborhood. Let's not. And I think that -- you know, I think that your representation is ours, we need your help to get it through to the next step. And why don't we bring those people to us and have them do a Charrette, bring it to the streets and let us put our input in properly and that's all I have got. Thanks. Any questions with that? De Weerd: No. Milam: Madam Mayor? Marty. De Weerd: Mrs. Milam. Milam: Marty, I do have a question. De Weerd: Marty. Mr. Schindler. Milam: Sorry. I was trying not to let you get too far. Schindler: Sorry. De Weerd: There was a question. Milam: So, you saw the picture of the San Luis Obispo. Did you see that picture? Schindler: I did. Milam: Did you like that one? Schindler: It's not about what I like -- what I would like to see and there is probably not enough time to explain that tonight, so that's why I'm asking for a charette to be convened and with Costco's participation. They have, you know, a hundred architects, they can certainly fly them out here, let him sit down with us for a couple hours and hash this through. I don't think it's your place to decide what our streets look like. You know, the roads are a different matter and that's another conversation, but -- you know. So, I'm -- I'm, frankly, just kind of pissed off. That's the easiest I can put it. Madam Mayor, Council, thank you for your time. Meridian City Council Meeting Agenda August 7, 2018 – Page 153 of 572 Meridian City Council July 24, 2018 Page 41 of 112 De Weerd: Thank you, Marty. Any additional testimony? Okay. Would the applicant like to comment? Kahn: Madam Mayor, Council Members. Well, I guess I will say I'm a little confused by what I hear tonight, because I think we went to some pains to -- based on the other public hearings that we had, to try to design a building that was a low in profile. I'm a little surprised that people are saying that they like San Luis Obispo, because I think one of the things we heard previously was they didn't want a tall building and so we went to some effort to try to minimize the height and try to keep the building subdued, so that it wouldn't attract a lot of attention. And, then, I think one thing that we are kind of missing here is that we are not looking at the site holistically. We have a considerable amount of landscaping to the west and to the south, which will effectively, with the berms and the fencing, eliminate most of the view of the building from the Lost Rapid side. To the north and to the east will be numerous other retailers that will be built either at the same time we are building or shortly thereafter, which will effectively screen our building from Ten Mile and Chinden. You're just going to have little peekaboo views from the roadway of our building and I think we had some exhibits at our last hearing that kind of showed that when we showed the guy -- Gasser -- the Gosser's buildings along the frontage. We worked very closely with the Gossers to make sure that there was adequate screening to the south to soften the views of the building and eliminate most of the views of the building from the south and from the west. Yeah, we have heard a lot about color. We can change color. If you want us to eliminate some of the stripe, you know, we have done that in the past. That's not a big deal for us. But I think, you know, in your deliberation I would ask that you just look at the development in its entirety and how many different elements work together to -- and around our building that affect the architecture and -- and how our building will be perceived from the roadways to the north and to the east and to the south of us and I guess I will leave it at that. Thank you. Unless you have some questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor. Appreciate you -- it sounds like addressing some of the concerns that came up. The one that I didn't hear a lot about that -- I think there was a considerable discussion about -- in the last public hearing was about this kind of creating a sense of place for the neighborhood and one of the members of the public testified about additional outdoor seating, picnic benches, to really create a sense of place that is -- that supports the neighborhood and -- and I didn't hear you touch on that and I don't know if that's something that you have contemplated, if that was something that was contemplated. If you would share with us a little bit more about that. Kahn: Councilman Cavener, Madam Mayor, Council -- Council Members, we haven't talked about it and we can. Happy to. We have a large landscape area to the south -- southwest corner of our building that, you know, there could be something -- an amenity put there. There is a large park across the street that already exists there, which I think Meridian City Council Meeting Agenda August 7, 2018 – Page 154 of 572 Meridian City Council July 24, 2018 Page 42 of 112 is -- gives the community, you know, a lovely amenity and goes a long way to addressing that sense of place. You know, I think we need to be a little realistic here. You know, we have are a big box. We have a large parking lot, over 850 cars -- parking spaces. I don't remember the exact number. To me -- you know, we do have places to sit and enjoy a hot dog or a piece of pop -- a piece of pizza internal to the building. One design element that we have at the entry canopy that we looked at earlier is we have kind of a pedestal seating and people can sit at the entryway. Let's say somebody doesn't want to walk through the warehouse, they could sit outside there and wait for whoever is shopping. They could enjoy a hot dog out there. I don't know -- I think it's on the screen now that kind of shows the people sitting. That's something -- something that many people utilize when they come to a Costco. You know, adding some other element, whether it's in the southwest corner that the community could use or somewhere else on the site -- I mean we could all -- we are open to talking about that and figuring something out that might make sense. Cavener: Thank you. De Weerd: I think if you would have listened to what people said tonight is -- okay, they are not thrilled about Costco coming to their neighborhood, but if you're coming to their neighborhood they want you to be a part of it and you should look a part of it. So, better modulation on your building and your heights. Maybe not the straight lines. Some variation in color that breaks it up, like the Walmart example -- the Albertson example showed you a little bit more about that place making that Mr. Cavener talked about and making it something that neighbors would walk to. You're going to set the tone for the other buildings around you as well and to me this is a big warehouse and it is a warehouse -- that some of the examples we saw didn't necessarily look like one and it did blend a little bit more in the surrounding area. I don't see any of the houses looking like this. This is modern, it's industrial looking, and in an industrial or commercial park it would fit in. This is close to neighborhoods. So, to -- to look at it in terms of adding some more and making it look more neighborly -- and I appreciate, even though I said don't make it look like Albertson's, I was replying to him, not you, so -- but the pictures that they have pulled up did show some softening, some more landscaping up against the building. Have plants crawling on your trellis or -- you know, I -- I do like the trellis aspect of it, but I think you can do better to make it look a little bit more integrated in with the surrounding areas. You see that further down the road with Fred Meyer. You see it on -- on Chinden. You saw it down the road on Ten Mile with Walmart. So, they tried to be a little bit more friendly with their surroundings and I think that's what the neighbors came here to say tonight is there needs to be more and you have done those in other markets and this market is as important as those other markets where we want you to be part of our community and that's what I heard tonight. Kahn: Well, I apologize if you feel we missed the mark. We tried -- you know, we thought we made our best effort to come up with a building design that we thought we heard in our previous meetings and, you know, like I said earlier, I think when Councilman Cavener or Councilman Milam asked me, you know, we are willing to work with staff or whoever wants to sit down with us and, you know, figure out if there is a Meridian City Council Meeting Agenda August 7, 2018 – Page 155 of 572 Meridian City Council July 24, 2018 Page 43 of 112 better way or something that you feel is more appropriate. We didn't come in here to say this is it and take it or leave it, but as you know, we are in a lot of different communities. We always try our best to do something appropriate for the community and we felt that this effort was a good effort and I'm sorry you feel that it isn't and, you know, I'm sorry that some of the community members feel the same way, too, but -- De Weerd: But I -- I'm sorry, you're going to get -- well, I would have said seven different opinions, but we are missing two. So, five different opinions on what our personal preferences are. But I think one of the things that was raised today is -- is a more inclusive process and I was a little taken back to hear that people didn't go to the neighborhood meeting because they wanted to put their comments on the public record tonight. That's unfortunate, because you did make the attempt. But I also appreciate your statement that this wasn't your -- your final offer, that you still would like to -- to work on it to make it something that -- that people can be proud of and with the realization that the people that don't want it there are probably not going to get to that point, but if they can feel part of the process at least in what it looks like, that's a great step in the right direction. Kahn: It would be. I agree. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Sonya -- C.Jay, hold on. Sonya, can you switch this back to a view of the back of this? Yeah. That last one was good. Now -- so this is the back of the proposed Costco. C.Jay, could we see the back of the Ten Mile Walmart as it exists? So, they don't -- the two don't even compare. You know, we are talking about -- we are praising Walmart so much tonight and how gorgeous it is. Well, the front looks great. The back looks like crap. And this is what's facing the neighborhood. The back of the Costco as proposed is -- like you said, it's -- it's calmed, it articulates different materials. It's toned down, simpler, yet still in the articulation. We talk about Walmart as this great partner for the neighborhood -- has anybody driven passed there lately? When is the last time they watered their grass? All of their grass is dead. The trees are dying. They have not watered their -- their grass this season. Has anybody ever driven passed any of our local Costcos and seen anything but well-kept landscaping? Walmart on Ten Mile is not the example that we need to be looking to for what this project needs to be. Yes , I wish that this was in my neighborhood, because what's proposed here is contemporary. It's beautiful. The glass and the steel exposed -- and we talked about the Albertson's on Broadway -- another gorgeous building. I think it's probably significantly taller than what's proposed here, but, essentially, this is the same thing, just without red brick and the front of it has the exposed steel, the glass, the brick, the -- I mean a beautiful entrance. I'm just blown away that this -- I mean, again, also this sits not at the core of the neighborhood. This doesn't sit in the middle of a subdivision. This sits at the corner of a state highway that's going to be five lanes before this opens and seven lanes and its -- when it's finalized, it's just another arterial road that's going to be Meridian City Council Meeting Agenda August 7, 2018 – Page 156 of 572 Meridian City Council July 24, 2018 Page 44 of 112 five lanes before this opens. This is a major intersection in this city. What more appropriate thing than a big box store that is going to provide extremely high-paying jobs for what -- for what the jobs are, compared to their competitors, compared to any other similar industry employing people here in the valley and, really, all we are talking about tonight is the facade. They have prepared what -- what we asked for during the meeting. I mean I -- I apologize if there was somebody here that -- that testified against this that's in favor of the Costco, all I heard was people that were against the Costco not satisfied with -- with what's proposed and as the Mayor pointed out, I -- I think it would be unlikely that we would have people who are against the Costco that would be satisfied with what's -- what design is brought to us. It makes perfect sense to me to approve this tonight as it is. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Peter, thank you. I -- you know, honestly, you guys did exactly what you were told to do. I think that this Costco looks different than a -- a little bit more or less Costcoey, you know, like warehousy -- I don't know what the words are. I apologize. I'm not an architect. Than those Costcos that we have in Nampa or Boise. So, I think -- I think that you did your due diligence. One of the cool parts of having these type of discussions is getting the public involved and whether it's tonight or whether it was a couple weeks ago or whenever originally it was scheduled, I think we have heard tonight from the residents that they would prefer something a little bit different and it's really cool, in my opinion, that you're willing to listen and that you're willing to change things up. I haven't been doing this for a long time, but I can't think of a time when an -- when an applicant has bent over backwards, you know, to try -- at least with us. I don't know what happened with the residents, but with -- with us to get our point of view to see maybe a direction that you need to be going and you guys did that and I applaud you for it. I don't -- I don't -- I want the residents to understand that, you know, they did listen and they did mostly what was said that evening and we did see different renderings and different examples in a book that was provided to us and maybe we can -- if you can provide -- I don't know if you have that tonight that we can put it on the record. If you don't we probably need to so that they -- so the residents can take a look at it. But I think -- I think that what we are hearing tonight is that it just -- we just need to soften it up and I -- and I don't know -- I'm not an architect and the gentleman over there that's sitting down is and I have seen him take notes upon notes upon notes of different things that he has heard the residents talk about and -- and I -- and let's just see if we can soften it up a little bit. I know that one of the examples in that booklet that was -- that was given to us had more of a market look with the entrance and I -- and I plastered on it. I really like this. I think it is awesome and I think that -- I think that the residents, if they were to see that, I think that they would like it more, because it has that type of a look. I spoke to Bill about -- about rules and whatever about that book. We just -- if we are going to discuss it we just need to put it on the record so the -- so the residents can see what we are talking about. But I -- to make a long story short, let's just soften it up a little bit. Meridian City Council Meeting Agenda August 7, 2018 – Page 157 of 572 Meridian City Council July 24, 2018 Page 45 of 112 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Now I forgot what I was going to say. So, I definitely like this better than Nampa or Boise -- Bernt: Me, too. Milam: So, it is -- it is a step in the right direction. I don't love it. I don't really feel like it resembles a lot of the things that I marked in the book, like -- the marketplace front. I think that was one that I also really liked. I do think the front of Walmart looks better and -- I guess I'm a little bit frustrated, because after seeing the pictures of the San Luis Obispo Costco, which I like, maybe -- maybe even in gray. But we were really -- we were given like pieces of three different buildings across the country to pick from and what really would have been helpful I think for us and -- and the residents, have a meeting with them -- and I'm sure you have photographs of all of your stores -- is a photo album. Go to this photo album, tell me what you -- what you like and you're never going to get a hundred percent consensus on one thing, but at least get an idea and, then, there will be I think somewhat of -- of likeness in -- in a certain type of project. We don't need a hundred pictures of just a square warehouse, but anything that is slightly different -- I think just having a photo album would have been much more helpful and having a meeting where people will show up and to hear that this house is packed and nobody came to help you on this -- because they didn't know about it. And so, yes, minimum noticing required -- requirements, maybe, but this is a huge -- as many meetings as you have had, as many people that have come out to contest it -- like I would think you would go to the extreme and make sure everybody knows, so you can get that input, so that they wouldn't even be here. I wish you would have walked in tonight and this -- I have done this process and people are like, okay, this looks good and it would -- could have been a really easy yes. But because that didn't happen it's -- we are still ending up with a -- a box that's just a little bit prettier box. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean I haven't been on Council for super long, two and a half years, and in that two and a half years I have received maybe one, possibly two, e-mails or anything ever in favor of a project. We have always -- you know, we receive -- we receive hundreds of things against things. But with this project we received well over a thousand e-mails in favor of it saying, yes, do this and we wanted to make sure that it was right for the neighbors and so we did something that we haven't done otherwise in my term and said, okay, we are approving this, but come back, we are going to have the Council decide on exactly what it's going to look like. So, that's why we are here today. But we have approved the project and we all agree it seems that this is certainly prettier Meridian City Council Meeting Agenda August 7, 2018 – Page 158 of 572 Meridian City Council July 24, 2018 Page 46 of 112 than the other two existing in the valley. I mean we could go -- we could have this meeting with a thousand tweaks, you know, for a next thousand weeks and we are going to have just as many people upset, because they don't want the Costco and many people upset because we never got it done and got it approved and is it really our job to -- I think we -- to be of service to the citizens we took a step further than really was our job in saying we are going to have Council approve a rendering. They presented us a beautiful rendering. Do we need to spend the next several weeks or months or years tweaking it? Cavener: Questions for the applicant? Sorry. Sorry, Madam Mayor. De Weerd: Mr. Cavener. Cavener: So, I just was curious. There is a lot of discussion and the applicant is here, I just didn't know if -- if anyone had additional questions for the applicant while he's -- he's standing here. De Weerd: I thought maybe you did. Cavener: No. De Weerd: Are there any further questions for the applicant? Do you have any further comments? Kahn: I did, but it slipped my mind. So, I guess I will say no. De Weerd: Your architect, any -- any comments? Kahn: Steve? Bullock: Thank you, Madam Mayor. Just a couple -- De Weerd: If you will just restate your name for the record. Bullock: Steve Bullock. MG2. De Weerd: Thank you. Bullock: I heard a lot of comments today where people are trying to characterize this building is being just a cart -- excuse me -- a concrete block and the one thing I wanted to make sure to emphasize to you is that the only place where -- we are using concrete is as -- as an accent decorative item even. There is not a single bit of bare concrete stem wall coming up. Yeah, a lot of warehouses are actually tilt-up concrete buildings, which is bare concrete or -- or a plain metal siding warehouse and -- and that is not what we are doing at all. What we are doing is -- is -- the only places we are using concrete are -- like on this image is those decorative concrete pilasters that are actually Meridian City Council Meeting Agenda August 7, 2018 – Page 159 of 572 Meridian City Council July 24, 2018 Page 47 of 112 going to have score marks on them and -- and things to make them look really attractive and -- and, otherwise, we are doing a stucco building with split face CMU, with architectural metal panels that actually kind of look like a version of a wooden siding and it's in -- in my opinion very far from a standard warehouse type building. You know, we always kind of struggle when we are -- when we are building models like this and we try to render them as accurately as we can, but they never are like a photograph and -- and that's partly why when we were soliciting comments we showed a lot of photos, because photos do have a real -- realism to them and, you know, I believe that this is a very attractive building. I'm -- I'm super excited about it. There is things that we can do to it, yes. We -- we can look at making some changes to the color scheme if that's something that's really a major concern there. There is -- there is some other things that we can do here. But I believe that a lot of things that people talked about that they liked are incorporated into this building. There are seating -- a number of seating opportunities at the front entry canopy along the whole length of it, in -- inside the -- inside the canopy or outside the canopy with those -- with those benches, those integral benches. There is lots of different materials that mimic wood or, you know, that -- the structural steel is -- is -- is like a wood trellis, just at a bigger scale and -- and we believe that it has a lot of the features that people said they were looking for, they just aren't recognizing what's there. That's my feeling. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple questions for you. Bullock: Yes. Cavener: Steve; right? Bullock: Yes. Cavener: Steve, you mentioned soliciting comments and feedback and, obviously, I know the opinion of the Council was asked. Can you share with us the other tactics you used to solicit feedback or is it just from the Council that feedback was solicited? Bullock: It was from the Council and -- and staff. And, then, we -- we just -- and the neighborhood notice hoping to -- to meet with people and -- and had a number of boards out to talk to people and no one showed. Cavener: Madam Mayor, an additional question. Steve, Peter mentioned in his testimony that he -- as the applicant you guys are open to some further discussion and make some improvements, tweaks and -- and based on maybe some of the feedback from the public and the Council if that comes tonight. Should that be the direction that Council would want to go, how much time do you think that you guys would need? Is it something that you need two weeks, four weeks, ten weeks? Give me a ballpark. Meridian City Council Meeting Agenda August 7, 2018 – Page 160 of 572 Meridian City Council July 24, 2018 Page 48 of 112 Bullock: Are you suggesting that we meet with the neighbors -- neighborhood? Cavener: Madam Mayor, if I may. I think that's entirely up to you. If it was me I would. In light of the feedback that I heard, I would -- I would be proactive on that. I'm not saying that you -- again, this is a lot of hypothetical, but I'm just more asking about the time that you would need to reflect some of the changes, if you so choose on the feedback that you heard and may hear from Council tonight. Bullock: Yeah. That's got to be something that Peter and I just have to sit down and talk over. I don't know that I can give you a time frame right now. Cavener: Fair enough. Thank you. De Weerd: Well, if you heard enough from the neighbors to know what some of those -- you keep mentioning that this is to mimic wood and -- why didn't you make it look like wood then? Bullock: I believe some of it does look like wood. De Weerd: Gray wood? Bullock: I mean painted wood. I mean you want -- you want it to look like raw wood? De Weerd: That's warmer and those are some of the comments that I heard -- you know. And I know you sought feedback from the Council and -- and staff, but, you know, if you want to make it warmer using some of the earth tones and -- and I never equated that to wood, but, you know, I -- I think wood would soften the look of it. Bullock: And that's what I was saying, I guess. We can look at some color schemes that would change things and -- and -- and give it a slightly different feel and we can use a warmer color tone -- color palette. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I think maybe what the residents are saying that maybe -- maybe this is just a hair too contemporary, maybe. That -- maybe that's another thing that they -- that they -- I noticed that they said once or twice. Bullock: Thank you. De Weerd: Thank you, Steve. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 161 of 572 Meridian City Council July 24, 2018 Page 49 of 112 De Weerd: Mr. Palmer. Palmer: At the end of the day, while we want to make sure everybody's, you know, happy go lucky friends with each other. This is not a piece of property that the neighbors own. This is the property that's going to be developed as a Costco, as a -- the project has already been approved. Again, it's at the intersection of a seven lane state highway and a five lane arterial road. It just blows my mind that -- that this isn't an appropriate structure for right there. I feel like it goes way above and beyond what was necessary. Madam Mayor? De Weerd: Mr. Palmer. Palmer: I don't know. Maybe everybody else wants to continue the public hearing, so I will hold off making a motion until -- because I'm ready to close it and vote on it, but -- De Weerd: Okay. Any other comments from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener, Cavener: Some thoughts. Appreciate the applicant's due diligence in soliciting the Council's feedback. I was one that said I -- I don't want to be in the business of designing a Costco. On my background in the grocery business put me in probably almost as many Costco's as the applicant and Albertson's and Whole Foods and it's not my purview. We have all said I think tonight we are not architects. Nevertheless, we said we wanted to provide some feedback. We provided feedback to the applicant and based on the feedback this is what they have brought back to us. So, we are getting what we asked for. My challenge was -- I think the one comment that I put on the book that they provided us was take into account the feedback from the public and here is where my challenge lies is I didn't hear a whole lot from the public that was that dramatic about the building. I heard color schemes. Okay. I heard lose the red stripe. Applicant says they are willing to do that. I appreciate the feedback about additional outdoor seating. I can't remember who said that, but I -- this is great. We need to make a sense of place. While this is adjacent to a state highway, it's also in very close proximity to a neighborhood. We need to take both of those into consideration. The hard part is there wasn't a lot that I heard that was, boy, we need to make some real dramatic changes. And I weigh that with -- you know, we talked a lot about how great the Walmart looked to what -- I don't think it looks that great. For me, the Fred Meyer is -- this isn't a Fred Meyer, though. This isn't a Walmart. This isn't an Albertson's. This is a Costco. They have a business concept and a design. Selfishly I wish what we got was more elevated than what we received, but I also didn't say give me that. I said listen to the public. The public doesn't feel like they were necessarily listened to. You also have to weigh that with they didn't participate and what I heard tonight was that the HOA was notified that there was another meeting and people didn't -- you go to this Meridian City Council Meeting Agenda August 7, 2018 – Page 162 of 572 Meridian City Council July 24, 2018 Page 50 of 112 meeting, we will go to that meeting. I'm shocked that with the amount of people that are in this room tonight and the amount of people that have been at all these public hearings before, that nobody showed up. I can appreciate as the applicant how challenging that has to be for you as well, because you have been in these meetings, you have heard from these people. Here is -- there is a lot of I guess me soapboxing to say, well, I think I would be okay with making a decision tonight. What I would like to do is take the applicant up on -- on their offer to say let's take another crack at this. Take some time, let's take into account the feedback that we heard from the public tonight. Council, if we are going to be in the Costco design business that we need to be real clear about the feedback that we are giving them as well, so that they can bring us back truly what we are asking for. I have seen Costcos that look a whole heck of a lot worse than this, but I have seen some Costcos that look at whole heck of a lot better than this. I think that we as a body, though, for the benefit the applicant and for the citizens, we are proud of our community. Like all the other communities that you serve, they are proud of their community and we want retail establishments that reflects that. Just like we want residential that reflects that. So, while I'm -- I'm open to the discussion about moving forward tonight, I think I would be much more supportive of us giving the applicant another opportunity to connect with the citizens to take our feedback and bring us back a little bit of a better mousetrap. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Sonya, you had mentioned that the -- the language of the change would include the words in substantial compliance -- or with the concept. Does that give room for the architect to make, you know, minor adjustments based on what they may have heard, whether they decide -- they wouldn't have to, but if it were approved as it is, if they decided to pull the stripe or -- how far could they adjust things if this is approved as it is? Allen: Madam Mayor, Council, substantial compliance is meant to be just that. I mean it should incorporate some of the same design elements, probably some of the same coloring, materials. However, it still does need to go through the design review process, so there could be some -- some changes associated with that that we don't have, you know, yet. But I would caution you to approve something that you're -- you're not in favor of. Palmer: Madam Mayor? Allen: But if it is conceptual -- De Weerd: Mr. Palmer. Palmer: I think I was clear I am in favor of it as it is, but -- so, then, let's try this. I move we close the public hearing on H-2018-0066. Meridian City Council Meeting Agenda August 7, 2018 – Page 163 of 572 Meridian City Council July 24, 2018 Page 51 of 112 Milam: Second. De Weerd: I have a motion and a second to close the public hearing. Discussion? That would mean you couldn't entertain or accept new information. Palmer: Unless we reopened it. Cavener: Unless we reopened. Yeah. Palmer: So, Madam Mayor? For discussion then. So, my intent is close it, have a vote. If Council doesn't feel that this is appropriate, then, we can reopen and continue it or we can end the saga and approve it, so that -- yeah. De Weerd: Okay. The motion is to close the public hearing. All those in favor say aye. Any opposed say nay. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0066. De Weerd: I have a motion to approve the application. Do I have a second? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: My unwillingness to provide a second isn't necessarily in opposition of the project, but -- or that I -- the more that I look at this, the more that I look at the notes, the more that I take in the public testimony, more supportive I am of -- of giving the applicant a second crack at this. So, I know the applicant doesn't necessarily have an idea as far as timing. I don't want to prolong this project, but I also don't want to have this process feel rushed. So, I'm going to move that we continue item -- we will get there. Thank you, Council Woman Milam. I move that we continue Item 9-H, H-2018- 0066 to August 28th to allow the applicant to take the feedback from the Council and the public tonight and bring us back some revisions. Bernt: Second. De Weerd: Okay. I have a motion and a second to continue this, but in order to accept new information you have to have an open public hearing. You can -- so, you can Meridian City Council Meeting Agenda August 7, 2018 – Page 164 of 572 Meridian City Council July 24, 2018 Page 52 of 112 continue this, but it would be prudent to open the public hearing specific to the new design and, then, continue it. Kind of doing it a little backwards, but -- Cavener: Madam Mayor, I guess on that note, then, I will -- I will retract the motion, if the second is an agreement -- Bernt: I'm in agreement. Cavener: -- and, then, I would move that we reopen the public hearing on Item 9-H. Bernt: Second. Cavener: Okay. De Weerd: Okay. I have a motion and a second to reopen the public hearing. All those in favor say aye. Any opposed say nay. Palmer: Nay. Cavener: Madam Mayor? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would just -- now that the public hearing is open, to ask the applicant if that date is -- if that date works well or if it -- they don't need that much time, because -- I don't want to put this off longer than we need to or if that's not enough time. I don't know if they heard me. De Weerd: Well, if -- the question to the applicant is does August 28th give you enough time or too much time? Kahn: Peter Kahn. 999 Lake Drive, Issaquah, Washington. We were just talking about that and that's why I didn't hear the question. We think that schedule is fairly tight, especially if we have to get a finished product that we hope is acceptable to all the parties -- to staff so they can write a staff report. They need what we figure at least a week, maybe, more. Bullock: I guess that's the crux of the question is when would we have to turn stuff in to meet that hearing? De Weerd: Sonya? Meridian City Council Meeting Agenda August 7, 2018 – Page 165 of 572 Meridian City Council July 24, 2018 Page 53 of 112 Allen: We would like the revised drawings at least ten days prior to the hearing. So, I think that the -- the option was August 21st would be the soonest we could get it back before Council for a public hearing where Council is suggesting the 28th. De Weerd: So, if you could -- if -- if Council continues it to the 28th you do need to get it to staff by the 17th. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Another question for you. So, were you planning on meeting with the neighborhood? Kahn: We would like to try, yes. Milam: Madam Mayor? I would like by a show of hands -- if they go through the trouble and take the time to do this, how many of you are going to show up to that meeting this time? And get the rest of your neighbors, too. Because if -- I really don't want them to go through this trouble again and have nobody show up. That's -- that's disrespectful. Thank you. I hope you didn't -- I'm sorry. Kahn: So, knowing that, you know, it will take us a while to get our act together, so we can take it on the road and let the community know when and where the meeting is going to be. Then we have to digest that and come up with a reasonable response. It would be great if the community and -- had an opportunity to react to that before we came to you. So, I think -- I'm saying -- I guess where I'm coming on August 28th sounds a little aggressive to me. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: We got the -- Cavener: The 4th or the 18th. De Weerd: I guess we look to you for a suggestion on -- Cavener: How many weeks? De Weerd: -- a date that would allow you that. And certainly the clerk can help maybe put on NextDoor when your neighborhood meeting is. I'm sure all of these folks as well will -- will help get the word out as well. Meridian City Council Meeting Agenda August 7, 2018 – Page 166 of 572 Meridian City Council July 24, 2018 Page 54 of 112 Kahn: Yeah. I wouldn't -- I would ask that, you know, staff help us set this up so it's successful, this community meeting, so we make sure that we are getting the word out to the right community. So, what are you saying, the 11th? Milam: September the 11th. Kahn: Yeah. My problem is I leave for Europe on the 12th. De Weerd: Well, that's not a problem. Kahn: That's my problem. So, could we shoot for the 11th? De Weerd: Yes. And so that -- that means if we can get what you're proposing on August 31st to staff. Cavener: Madam Mayor? Kahn: Sounds fine. De Weerd: Okay. Yes, Mr. Cavener. Cavener: I guess maybe, then, for -- for discussion where the 11th is our -- our workshop meeting, I wouldn't want to inhibit the public's ability to come in the middle of the afternoon when many of them have to work. De Weerd: Do it at 6:00 o'clock for a special meeting. Cavener: A special meeting. De Weerd: Uh-huh. Cavener: Madam Mayor, that's where my request was going to come, so you were -- De Weerd: Yeah. Cavener: -- two steps ahead of me. Great. De Weerd: Yeah. So, that's generally our workshop, but we can call a special meeting specific to this. Kahn: Okay. De Weerd: Okay? Kahn: All right. Perfect. All right. Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 167 of 572 Meridian City Council July 24, 2018 Page 55 of 112 De Weerd: Okay. And, Mr. Clerk, you can help with getting it on NextDoor. Coles: Absolutely, Madam Mayor. If I can get the information from the applicants when that neighborhood meeting will take place, if you can get it to either planning or the city clerk's office, we will help distribute that information as well. De Weerd: And -- and I'm sure we can put that also on our social media. I think this is a unique opportunity to -- to plan for the community Costco and so I'm sure, you know, you will have some enthusiastic participants as well. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: With that, then, I would move that we continue his item to a special meeting on September 11th, 2018, at a time of 6:00 o'clock p.m. Milam: Second. De Weerd: Okay. I have a motion and a second to continue this to September 11th, noticed under a special meeting at -- starting at 6:00 p.m. Coles: And, Madam Mayor, before the vote is taken, do -- would the Council like a renotice to go out to the neighbors for that specific meeting date, via a postcard, newspaper, NextDoor, similar to what happened on a previous application tonight? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I would say yes and I would do a thousand feet. Coles: Should that come at the expense of the city or the -- or the applicant? Cavener: Us. We pay that. Milam: Yeah. De Weerd: Okay. That motion is to continue this to September 11th . All those in favor say aye. Any opposed? Okay. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor, just one thing. I hope that the residents in both Bainbridge and Spurwing Greens will come out to this meeting. Please, please, please come out, because we can't continue to kick this can down the road. It's not fair for Costco. The -- Meridian City Council Meeting Agenda August 7, 2018 – Page 168 of 572 Meridian City Council July 24, 2018 Page 56 of 112 the building is going to get -- you know, it's already been approved and so we just were asking your feedback to make it a project that you're -- that you're able to call home and call it -- you know, a great place where you guys can rec -- you know, go and shop and -- and it's part of your community over in north Meridian. So, please, please, please show up. Please do your part to tell your neighbors and on our end we promise that we will do the very best job we can, along with Costco, to make sure that the people are -- you know, the residents over there are notified correctly. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just my thanks to Peter and your team for your -- your flexibility. I can appreciate the challenges of having a meeting and nobody showing up and, then, coming before the City Council and being asked to have another neighborhood meeting. I don't think that we have ever asked anybody to do that -- Bernt: Never. Cavener: -- and you're willingness to say let's -- let's take a look at this is -- is well noted and appreciated for myself personally. So, thank you. De Weerd: Okay. Thank you for joining us. I will take a five minute break and we will reconvene -- well, a ten minute at -- at 8:50. (Recess: 8:41 p.m. to 8:53 p.m.) I. Public Hearing for Sodalicious (H-2018-0046) by 10th & Fairview, Located at 1035 E. Fairview Ave. 1. Request: An Annexation and Zoning of 0.36 of an Acre of Land from the RUT to the C -G Zoning District De Weerd: Well, thank you for allowing us a moment to break and we will re -- yeah, we will get back to this meeting. Okay. Item 9-I is a public hearing H-2018-0046. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for annexation and zoning. The site consists of .36 of an acre of land. It's zoned in the county. It's located at 1035 East Fairview Avenue. A drive-thru restaurant, Sodalicious, was recently approved in Ada county to operate on this site. The property is currently receiving city water and sewer services. The Comprehensive Plan future land use map designation is commercial. The applicant proposes to annex .36 of an acre of land into the city with a C-G zoning district, consistent with the commercial future land use map designation for the property. Access is provided to this Meridian City Council Meeting Agenda August 7, 2018 – Page 169 of 572 Meridian City Council July 24, 2018 Page 57 of 112 site via East Fairview Avenue. A cross-access easement exists to this site from the property to the east. Staff is recommending a reciprocal cross-access easement is granted in accord with UDC standards as a provision of the development agreement to the property to the east. Although it's not feasible at this time to utilized a cross-access due to the location of a billboard sign at the east boundary of the site, the easement will be in place, so that in the future when the billboard is eventually removed the access can be utilized. Because parking for the site is located at the northwest corner of the site along the west boundary, staff does not recommend a cross-access easement is provided to the west. Because the billboard that exists along the east boundary of the site was a permitted use under Ada county ordinances, but is a prohibited use in the city, it's considered a nonconforming sign per the UDC. As such the sign is allowed to remain subject to the provisions for nonconforming sign set forth in the UDC. The street buffer along East Fairview Avenue is also nonconforming to UDC standards of ten feet in width. The UDC requires a minimum 25 foot wide street buffer along arterial streets. Because the buffer was previously approved in Ada county, a wider buffer is not required to be provided with this application. The Commission recommended approval of this application to the City Council. Hethe Clark, Spink Butler, the applicant's representative, testified in favor. He also submitted written testimony in response to the staff report. There was no one that provided testimony in opposition or commented on the application and there were no items of discussion by the Commission. There are not outstanding issues for Council tonight and there has been no written testimony received since the Commission hearing. Staff will stand for any questions. De Weerd: Any questions for staff at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sonya, we don't have any information, though, about the expert -- expiration of the billboard lease and when it would come down or if it would come down? Allen: Madam Mayor, Members of the Council, Councilman Cavener, there is no sunset clause on the billboard sign. Council approved that with the annexation agreement. De Weerd: Okay. Any further questions? Is the applicant here? If you will, please, state your name and address for the record. Clark: Absolutely. Hethe Clark. 251 East Front Street. Representing the applicant. I'm from the law firm of Spink Butler. As the Council knows, it's -- well, the Council knows it's been a long night already, so I will be brief on this one. But this is the end -- or the culmination of a process that started last fall. Since that time it's been our pleasure to work with staff and to accomplish the plan that we came up with together. That plan has included getting this Sodalicious application up and running in the county, which it is, and we appreciate the Council's work with us to get them up and going as quickly as possible. In connection with this application, we are in agreement with the terms and Meridian City Council Meeting Agenda August 7, 2018 – Page 170 of 572 Meridian City Council July 24, 2018 Page 58 of 112 conditions of the staff report and I would just note for Council's benefit that we have prepared the cross-access easement and Meridian city legal has reviewed it and approved the terms. So, we are I believe ready to move this on and finish this process out. De Weerd: Thank you. Council, any questions? Thank you. Clark: Thank you. Coles: There were no sign-ups. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Nobody wants to testify, I would move that we close the public hearing for Item 9-H, H-2018-0046. Palmer: Second. De Weerd: I move a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-I. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-I. If there is no discussion, Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. J. Public Hearing for Graycliff Estates (H-2018-0054) by Star Meridian City Council Meeting Agenda August 7, 2018 – Page 171 of 572 Meridian City Council July 24, 2018 Page 59 of 112 Development, Inc. Located West of S. Meridian Rd/S .H. 69, on the South Side of W. Harris St. 1. Request: A Development Agreement Modification to Reflect an Increase of Building Lots and Change in Open Space Consistent with the Proposed Preliminary Plat; and 2. Request: Preliminary Plat Consisting of 136 Building Lots and 9 Common Lots on 52.46 Acres of Land in the R -8 and R-40 Zoning Districts De Weerd: Okay. Item 9-J is a public hearing for H-2018-0054. I will open the public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a modification to the development agreement for Graycliff Estates and the preliminary -- and a preliminary plat. This site consists of 52.46 acres of land. It's zoned R-8 and R-40 and is located west of South Meridian Road, State Highway 69, on the south side of West Harris Street. In 2015 this property was annexed and a preliminary plat was approved, which is still valid. The Comprehensive Plan future land use map designation for 30 acres of the site is medium density residential and 22.5 acres of the site is high density residential. The applicant is requesting a modification to the existing development agreement to increase the number of building lots from 120 to 136 and the qualified open space from 7.95 to 8.85 acres consistent with the new proposed preliminary plat. The development agreement does not require Commission - - excuse me. That was from my last hearing application. The proposed plat consists of 134 single family residential building lots, two multi-family residential building lots, nine common lots and two other lots for the city well lot and the common driveway on 52.46 acres of land in R-8 and R-40 zoning districts. Proposed lots range in size from 6,800 to 11 ,634 square feet, with an average size of 7,873 square feet. The property is proposed to develop in five phases. The multi-family portion of the site will come in later with a conditional use permit. A 75 foot wide easement for the Williams gas pipeline bisects this site. All development within the easement must adhere to the most current standards in the Williams gas pipeline developers handbook. The Sundial Lateral bisects the western portion of this site and is proposed to be relocated and piped along the west boundary of the site. The Tumbler Lateral runs along the northeast boundary and is also proposed to be piped. A 20 foot wide landscape street buffer is required along Harris Street and South Redwater Avenue. Both collector streets. A total of 8.85 acres or 16.87 percent of qualified open space is proposed within the development, consisting of parkways along local and collector streets, street buffers along collector streets. The open space corridor where the Williams pipeline is located. Micropath lots, internal common areas, and 1.77 acres of land designated for a city park and that is up at the northwest corner of the site. The applicant proposes a ten foot wide multi-use pathway through the common area where the Williams pipeline is located. Children's play equipment and yard shuffleboard as amenities in accord with this requirement. Access is proposed via the extension of West Harris Street, a collector street, at the Meridian City Council Meeting Agenda August 7, 2018 – Page 172 of 572 Meridian City Council July 24, 2018 Page 60 of 112 north boundary of the site that provides access via South Meridian Road and State Highway 69. Stub streets are proposed for future extension to the west, east, and south. A n orth-south collector street is proposed off site along the west boundary of the site in accord with the master street map, which will eventually extend south to Amity Road. The applicant has submitted sample photos of single family homes proposed to be constructed within this development, along with a conceptual drawing of a typical multi-family structure. Building materials for the single-family units appear to consist of a mix of horizontal and vertical lap siding and stucco with stone veneer accents. The apartment structures appear to be stucco with stone veneer accents. The applicants will require design review approval. Department. Excuse me. So, the Commission recommended approval. Becky McKay, Engineering Solutions, testified in favor. That's the applicant's representative. No one testified in opposition or commented, nor was written testimony submitted. The only issue of discussion by the Commission was that the Commission liked the additional common area proposed with this plat and liked the relocation of the common area and site amenity more central to the development. And that's that large area right in here. It's kind of hard to see on this plat. And, then, the only change to the Commission -- by the Commission to the staff report was the removal of condition number 1.2.1B that pertains to shifting the north-south collector street along the west boundary of the site to the east side of the Sundial Lateral. This was inadvertently left in from a previous ACHD report. There are no outstanding issues for Council tonight and there has been no written testimony since the Commission hearing. Staff will stand for any questions. De Weerd: Council, any questions for staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sonya, on the amenities, this is just for the single family portion of this? It just seems very minimal amenities. De Weerd: The question for -- I guess if you remove these multi-family amenities does it meet the minimum? Allen: Madam Mayor, Council, yes, it does. Yeah. The multi-family isn't included in this area. They will -- they will provide their site amenities with their conditional use. Milam: That was -- I just wanted to make sure. Yes. Thanks. De Weerd: Okay. And can you point out -- so, what is the 1.77 acres of land designated for a city park? Allen: That is the area, Madam Mayor, right at the northwest corner here, if you can see my -- my pointer here and it does adjoin another larger area. I believe it's a seven acre total city park. Meridian City Council Meeting Agenda August 7, 2018 – Page 173 of 572 Meridian City Council July 24, 2018 Page 61 of 112 De Weerd: And is the Parks Department interested in it? Allen: Yeah. That was -- that was covered a couple of years go when this initially came in. De Weerd: Yeah. I'm not remembering way back then. So, the other five acres was part of a different subdivision then I assume? Allen: Yeah. I'm sure the applicant can give you more information on that. De Weerd: Okay. And, then, the other open space, is that in phase one or half in phase one and half in phase two? Allen: Madam Mayor, there is -- De Weerd: I can't really tell where the open -- Allen: It's hard to see on this plan. The applicant may have a better plan in her presentation. De Weerd: Okay. I will wait then. Council, anything else at this time? Okay. Good evening, Becky. If you will state your name and address for the record. McKay: Thank you, Madam Mayor, Members of Council. Becky McKay with Engineering Solutions. Business address 1029 North Rosario, Meridian. I'm here representing Star Development on this particular application that's before you. As Sonya indicated, we have a development agreement modification and a revised preliminary plat on these 52.46 acres. My client Lee Centers, he basically has three projects out here. Biltmore Estates located just to the north of -- this is Harris. This is State Highway 69. The average lot size in Biltmore Estates is around -- over 9,000 square feet. And, then, we have Brundage Estates, which is located to the west and goes over to Linder Road and the lot sizes in the Brundage Estates averaged about 10,000 square feet. And, then, we had Graycliff, which is what's before you this evening, and in our original application we had an average lot size of around 9,000 square feet. Mr. Centers came to me and said that, you know, reevaluating the current development and considering the needs that are out there, he wanted to have a wider variety of lot sizes and he said, you know, we have -- we -- we have a lot of larger lot sizes and our home prices are getting up in the four hundred and five hundred thousand dollar range and so we want to have a better mixed use community and so he asked me to take a look at the plat that we did and said, you know, what -- what can we do and I said, well, you know, basically, I would not change the street layout at all. What we changed is we had 65 by 130 and 125 deep lots and I said I would change those to 60 by like 115 and by doing so we added basically 15 lots within the single family area. There is a city well right here located on Harris Street that is Well 32 that has come online that will be deeded to the city. You guys have a 99 year lease. Also this project Meridian City Council Meeting Agenda August 7, 2018 – Page 174 of 572 Meridian City Council July 24, 2018 Page 62 of 112 has a multi-use path lot -- pathway that runs along the Williams pipeline. That's a ten foot. And, then, a portion of this Graycliff will be part of a neighborhood park and, then, the remaining portion is in Brundage Estates. I think that was approximately a little over eight acres. We did go before the parks commission. We did submit a concept plan, ask them for input, if they would like to have a neighborhood park in this section. It's shown on your Comprehensive Plan land use map. And the parks commission said, yes, we would. We think that would be a great location. It's centered directly in the -- the section. We have Kentucky Way coming up from Victory. Harris coming from Highway 69. And, then, Harris Street will extend westward to Linder and they said, you know, it will be accessible, visible, and usable by everyone within this section. We also have open space located right here at the entrance of the development. We will have a yard shuffleboard right there and we propose benches along the -- the multi-use pathway. The only criticism that we received on the project was from Victoria Laidlaw, who lives to the south, and she said one thing I would like you to incorporate in your project is a pocket park in the southern area with play equipment for the kids, because she said even though there will be play equipment in the neighborhood park, that's a long ways for little kids to -- to go. So, when I redesigned this we just had a plain micropath connecting the two blocks. I included a 20,100 square foot pocket park that is accessible via micro path to the south, to the east, and open to the west. So, that's where that amenity is located. So, that we -- our initial application -- our initial application had 15.21 percent open space or 7.95 acres and now we have bumped that to 8.85 acres and we are at 16.7 percent open space. So, with the increase of the 15 additional lots, we did give up some additional open space and added play equipment as recommended by the neighbor. As you can see, this is the landscape plan. Here is the city well. This is the area here and our concept and, like I said, that's about -- it's a little over eight acres and, then, it will also be along that multi-pathway network. Here you can see the northern portion of that pocket park to the south and, then, here it is here. So, that's -- that's what that looks like and that's, like I said, 20,100 square feet. We have pathways that will link everybody into that and that will just kind of help supplement the activities for the children in the development. As far as -- you know, our zoning, we are R-8. We were at 3.27 dwelling units per acre. With this revision we are at 3.66. So, it's a -- it's a moderate increase in the development density. The multi- family -- we just showed that as two vacant lots. It will have to come through as a conditional use permit and we are starting to work on that now, since we are going to be building Graycliff. I know the Council has always indicated why does the multi-family come after all the single family dwellings and, then, it's always quite controversial. So, we are taking a proactive approach. Before these homes go in Graycliff to bring that conditional use permit in and so we are working on our building design and -- and amenities that will be just part of the multi-family. So, they will have their own independent amenities and requirements for open space beyond the single family. We think we have got a great project and -- and, like I said, Mr. Centers just wants to try to make sure that he -- he hits, you know, the different markets that are out there and maintains affordable type housing in Meridian, because, you know, four and five hundred thousand is pretty -- pretty tough. I have got some employees that just bought a house and they were struggling to -- for a 300,000 dollar house and they said there were six for sale in Ada county. All of Ada county. So, you know, we need, as planners, Meridian City Council Meeting Agenda August 7, 2018 – Page 175 of 572 Meridian City Council July 24, 2018 Page 63 of 112 obviously, to do a better job in diversification and -- and that's why I'm here before you with this application. Our average lot size will be about 7,800 square feet. So, these aren't real tiny lots. The only thing that I -- I did want to mention is we did get notification that the property located northeast of us, that was owned by Hawkins and was intended to be regional commercial, that Stapleton Subdivision is proposing -- their there developers are proposing Stapleton Subdivision and they did sent us a copy of their single-family project and so if that goes in I recommend -- and I sent over to them probably a stub street connection right through here, so we could have some interconnectivity between the two. The only reason I did not show a stub street is because we thought this was going to be commercial and so we had cross-access easements, but I guess I'd like it to go on the record that if -- if this Stapleton is approved, we would like to have a stub street instead of this micropath here, to link the two together. Lastly, we are in agreement with all conditions with the staff report. As Sonya indicated 1.2.1B was stricken because it was an error. It shows up again in 1.2.2E. So, I would ask that that same condition be stricken, because it's not applicable. Thank you for your time and, hopefully, you are supportive of what we are trying to do out here. We are making -- building a great community I think. Do you have any questions? De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Becky, always thorough as always. I really appreciate that. When I start writing my questions down when I'm going through these and as you go through your testimony I'm just checking boxes. You're answering my questions. The only one that I had that was left is kind of odd. One, applaud trying to do something new and different in the amenity with the -- the yard shuffleboard. I don't know what that is. I mean when I think of shuffleboard I think cruise ship and, you know, pushing things and so part of me wonders, well, who -- who is going to use that then? I mean are families going to purchase shuffleboard equipment and, then, go use that at that area or is it something that's conceived differently than what I'm imagining? McKay: Madam Mayor, Councilman Cavener, that's a good question. I had never seen one before either until I went to Hawaii in February and the resorts had installed them and they were like the most popular recreation that was going on and so they basically pour a long concrete pad and, then, you purchase -- it's like a big rubber mat that rolls out onto that and, then, they had the equipment like in a box that was provided for the families and the kids, the parents were just having the best time and so I brought that -- you know, I took pictures of it, showed it to the landscape architects, and I -- and the clients and I said, you know, this is something really cool and, you know, and they could have like a little container with the shuffleboard, the pucks and -- you know. And it will be provided by the HOA. But it was really neat and -- and people played -- I mean even into the dark, because it was just something different, something fun. Meridian City Council Meeting Agenda August 7, 2018 – Page 176 of 572 Meridian City Council July 24, 2018 Page 64 of 112 Cavener: Madam Mayor? It is. It's a different kind of amenity and as long as there has been some thought and a plan put in place so that people can take advantage of it that was my only concern, so that satisfies mine. Thank you. McKay: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: My only thought about was are they going to play shuffleboard in the wintertime? McKay: I doubt it. So, probably they would roll it up and store it in the wintertime. But the playground equipment would be there. Bernt: Madam Mayor. Becky, I agree that it's really popular, but my -- my grandparents lived down in Arizona for a long time and we -- we would go down to visit and I actually entered myself into their -- the championship, you know, like competition and it was absolutely one of the most competitive events I think I have ever been in my entire -- I'm pretty competitive and that was crazy. It was unbelievable. McKay: Maybe we will need two of them. Bernt: It's a lot of fun. McKay: That's a great story. Thank you. De Weerd: Mrs. Milam. Milam: Madam Mayor. Is the playground -- are the amenities in phase one or phase two? McKay: The phase one will bring in the first amenity right here and the well lot will be part of phase one and, then, we will build basically this loop and, then, phase two -- let's see. Milam: Oh, there I see it. McKay: There it is. Phase two. Right there. So, the play equipment is in phase two, to answer your question. Milam: Okay. McKay: Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 177 of 572 Meridian City Council July 24, 2018 Page 65 of 112 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Becky, I would ask you to drop the city neighborhood park idea. I hate them, because neighbors -- the vast majority of citizens don't know that these exist. There is a bunch of them. And often the neighbors kind of feel like it's their neighborhood park. You know, I drive at least once -- often more than that weekly past Champion Park and there is nobody ever there, except National Night Out. I have never seen anybody there, other than a few -- a couple people from the neighborhood. On the previous application at the mere mention of the public using the city park that -- that's already in existence behind the proposed Costco, there was major grumbling like, oh, how dare they. But that's a city park. If it's not off an arterial the city shouldn't own it as a park. They are too hard to get the word out that they exist. The neighbors have them, the neighbors assume it's -- it's theirs nobody else's and it's just -- they are just messy to me. So, I -- I would prefer that if you want a park there, you put a park there, and the neighborhood owns it. McKay: Madam Mayor, Councilman Palmer, I have heard you express your concerns about neighborhood parks. From a planning perspective I think it's important that we have neighborhood parks, community parks, and regional parks, because they all serve a different purpose and I think the neighborhood parks that are tucked back into the projects sometimes are not as visible as they should be and I have seen some where, you know, they are lined with a lot of houses and tucked back in. Boise has some neighborhood parks that, you know, you got to see a little sign to find Demeyer Park, which is tucked back in a neighborhood. This is going to be on the mid mile collector and signalized intersection of Harris and Highway 69. It will go clear over to Linder and, then, there is another collector, Kentucky Way, that goes to Victory and, then, will go all the way south to Amity. So, this part will be right in the center of all of that vehicular interconnectivity through the subdivision and I'm not tucking it back, it's right exposed on the collector. Secondly, Mr. Centers, when I went before the parks commission, he said that he will take on the responsibility of installing the irrigation system as per the city park standards. He will also seed it with the -- the city specifications and, then, we have to mitigate the trees that we can't plant along the Williams Pipeline, will be planting those in the park. So, he said basically -- and I will hook it up to my pressurized irrigation system until the city is ready to take it on and has the budget for improvements in it. But he said I will get it green, I will get it usable so that it doesn't put a burden on the city to take it from just, you know, the dirt up. So, I thought that was a real generous offer on his part. We had done that on other projects and it really works out slick. I think -- I think I have probably done at least six neighborhood parks, a community park - - I mean all the people that tell me that I have talked to that live in Champion Park say I love living in Champion Park because I love the neighborhood park. That's what they tell me. You know, over at the Heroes Park, that was part of Lochsa Falls. I did that one. What is it, the Kiwanis Park, that was part of four projects that we took a piece of each one and did -- I don't know what you guys ended up naming that one up there by -- Meridian City Council Meeting Agenda August 7, 2018 – Page 178 of 572 Meridian City Council July 24, 2018 Page 66 of 112 De Weerd: Gordon Harris. McKay: Gordon Harris Park. So, I mean we can do -- I like to see when developers are giving back to the community and creating open space that's livable. So, I think it has -- I think it makes for a good neighborhood. A healthy neighborhood. Palmer: Madam Mayor? McKay: Get those kids outside, get them playing. De Weerd: Mr. Palmer. Palmer: Madam Mayor. Becky, I don't disagree, you know, there is examples they use of Heroes Park, but that's on Ten Mile. McKay: Yes. Palmer: Bear Creek Park, for example, is -- is on a half mile collector. McKay: I did bear Creek Park. Palmer: But Bear Creek Park also has -- it's on a half mile collector I guess similar to this. However -- McKay: Stoddard is a half mile. Palmer: But Stoddard has a middle school there. They have got a Walmart there. They have got intense commercial and not just a residential situation, where as I understand it, especially with what you have mentioned about your future neighbor to the east is that this half mile collector is all going to be residential in there. McKay: Madam Mayor, Councilman Palmer, on your Comprehensive Plan it has regional commercial, so they would, obviously, have to do a Comprehensive Plan change and when I did Bear Creek Park, which I believe was about 15 acres, like a community park, there was no Walmart, there was no middle school, there was nothing out there. In fact, I had -- I had to lift -- I had build a lift station and a well just to provide central services. There was nothing out there. Staff recommended denial because there were no services out there. It took us a year to get it approved and, obviously, as things built up, now -- you know, now it makes sense. At the time it was a park out in the middle of nowhere. Palmer: Madam Mayor. And that was also before my time, but hopefully -- yeah, I mean if that's what the plan is is that someone's going to come and apply for a change, but the plan is to have some commercial there, then, that makes it more of a reasonable idea. However, it still is stuck back passed residential. So, I mean is it a deal breaker Meridian City Council Meeting Agenda August 7, 2018 – Page 179 of 572 Meridian City Council July 24, 2018 Page 67 of 112 for you if -- if Council were to say, hey, just plan on that being -- if you want a park there you're -- you're putting the park there. I understand you're putting it there anyway. McKay: Madam Mayor, Councilman Palmer, I believe in our development agreement we did put a caveat in there that in the event that the city did not want a neighborhood park, that it would be a private park. Palmer: Good enough for me. McKay: And -- and so there is -- there is a caveat in there, because, obviously, we can't bind future councils, they may have the same opinion that you have -- Palmer: Not likely. But it would be great. McKay: -- but we did -- we did go to the parks commission and they said that they were unanimously supportive of it and -- and wanted it -- you know, they liked what we were proposing, so -- thank you. Palmer: Yeah. Madam Mayor. That satisfied me, you know, that a -- that it's not this Council saying, yeah, we are intending this to be a city park. It's -- you're making it available for -- as such if a future council were to budget to build one. Okay. McKay: Madam Mayor, Councilman Palmer, that's correct. You are not voting on a public park this evening. No, sir. De Weerd: Any other questions for the applicant? Thank you. Mr. Clerk. Coles: There were no sign-ups, Madam Mayor. De Weerd: Is there anyone who wishes to provide testimony on this item? Okay. Becky, I guess I had a couple questions in the timing of your open space that seems like most of it is in phase two. There is a small portion that is in phase one, I assume. McKay: Yes. This portion located right here. De Weerd: And not down below where it's kind of divided in two? McKay: And right here. So, this is part -- half of this is in phase two, half of this is in phase three. If it's the Council's desire to move the phase two line to include all of it, that would be possible. De Weerd: Well, this -- this is phase -- McKay: This is phase one. De Weerd: Yeah. Phase one includes that park piece. Meridian City Council Meeting Agenda August 7, 2018 – Page 180 of 572 Meridian City Council July 24, 2018 Page 68 of 112 McKay: Oh, yes, it does. I'm sorry. It does. De Weerd: And you just wrap in all of the park? McKay: So, this is phase one. De Weerd: Uh-huh. McKay: This is phase two. So, you would like us to -- in phase one pull all of this in? De Weerd: Uh-huh. McKay: Yes , we could do that. Could we not do the micropaths? De Weerd: Yeah. McKay: But we could go ahead and -- De Weerd: I mean that doesn't make sense, since there is nothing to connect it to. McKay: Okay. If that is the desire of the Mayor and the Council, obviously, yes, we can make that change. De Weerd: I just asked the question. Certainly it's up to Council, but providing half a park seems that -- if you're going to do one half, you might as well do the whole thing. McKay: Yes , ma'am. We were hurrying in those phase lines. De Weerd: Any questions for the applicant? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Sonya. Sonya, there on the staff report strike condition 1.2.1B. I heard the applicant also -- and speaks to that I think in the staff report -- also striking 1.2.2E? Accurate and you're good with that? Allen: Yes, sir. Cavener: Great. De Weerd: So, any comments from fire or police? Is that connection from Highway 69, is that a full -- full built-out street? I could ask Justin, but I'm sure Becky can -- Meridian City Council Meeting Agenda August 7, 2018 – Page 181 of 572 Meridian City Council July 24, 2018 Page 69 of 112 McKay: Madam Mayor, on Harris Street it is a mid mile collector and it is I think half plus 12. We have added a turn lane going on Harris and we have added a turn lane on Highway 69 and now that the Frost property is developing just northeast of us, then, they will build the other half. So, it will be a full collector standard and we are -- De Weerd: You know, I have been on that road and it -- it seems very narrow. We are starting to put a lot of houses in there and I'm kind of surprised Fire is not raising any concern, but -- because they have big trucks and -- and they always like wide roads and they haven't even said anything. But at what point when you get enough traffic on that does that constitute that that needs to be a full width of a road. McKay: Madam Mayor, we also -- don't forget we have Kentucky Way that goes down to Victory. So, we have two points of ingress and egress into the subdivision. De Weerd: Everyone goes to the shortest point of connection -- McKay: Correct. De Weerd: -- and so -- McKay: So, when we are -- what we have built Harris is this is a full section that we are building here. This -- we will build -- pave out to the edge of the existing right of way and ACHD in their analysis with the traffic study has a -- a -- basically a trigger point in which this signal has to be installed. We had a trigger point when we had to put in a turn lane off Highway 69 and a turn lane off of Harris, but as far as the number of trips, they -- that's within our traffic study in our ACHD report and they looked at both Graycliff and, then, Brundage. De Weerd: And so what is the trigger? McKay: You would ask that. De Weerd: Uh-huh. McKay: I cannot remember exactly what that trigger point is. I have the ACHD report here. So, we entered into an agreement with ACHD that at a certain point we would have to build out to Linder and make that extend Harris to Linder and then -- I don't think -- if we bring the multi-family in, if we start constructing it, it will require widening and trigger the signal. But as far as the number of lots I can't remember what that trigger point is. I found it. So, Harris Street is just intended to be a 36 foot wide collector roadway. I think what's out there right now is probably 20 some feet. De Weerd: Maybe 20. It doesn't seem much wider than that. McKay: But when you guys put your water line down you guys widened it. It got wider. Have you been out there since they put the water line down to connect to the well? Meridian City Council Meeting Agenda August 7, 2018 – Page 182 of 572 Meridian City Council July 24, 2018 Page 70 of 112 De Weerd: I don't think so. So, do you know how long -- how wide that is out there? Dolsby: Madam Mayor, I'm not exactly sure the width of it. I could check and get right back to you. De Weerd: Okay. Yeah. Because if -- it's supposed to be 36 and we are -- so, I guess maybe I will ask Justin to come up. He's trying to hide behind the person sitting behind the -- I still saw you. Good evening, Justin. I just wanted to -- to hear your voice. Lucas: Well, thank you so much, Madam Mayor, Members of the Council. I wish I could have provided testimony on the design of the Costco, but I didn't think it was appropriate. I'm not an architect either. So, you ask -- the question about Harris Street I think it's a good one. As you recall, when all of the development was proposed out in this area there was a TIS that was done and it -- it identified Harris as a connection out to Meridian Road and I'm -- I believe the number of lots was -- I think something like 290. I don't have that exactly and I doubt it's listed in this specific staff report, because it was done with the previous approvals, but there is a lot specific requirement on the Harris Street signal and some of the widening at the signal. Now, the widening of Harris Street itself is likely to occur when it develops the adjacent property. ACHD does not have enough right of way to a widen the street and collector streets are the responsibility of the development community and so they are widened by the adjacent developers. I don't know if that adequately answers your question, but -- De Weerd: What is the width of Harris Street right now, do you know? Lucas: So, Madam Mayor, off the top of my head I couldn't -- I couldn't tell you that. You 're -- I know you're all very familiar with that area. Harris Street was built a long, long time ago and so it is a street that as all these subdivisions connect into it, it's likely going to need to be widened I doubt it's at a width certainly that would meet our current standards. It's not 36 feet. Typically in the past for fire department requirements and ACHD requirement streets are built at about 24 feet, which is that half plus 12 and, then, they get up to the 36 feet when the -- the other developer widens it out and has the other facilities and there a few I believe even front-on houses on Harris Street and so a lot of that will have to get cleaned up over time as that area redevelops. De Weerd: So, who is monitoring that? Lucas: So, ACHD, through the traffic impact study process, monitors the lot counts. Every final plat that you act on, ACHD also acts on. So, when we are acting on final plats in an area where there is requirements associated with lot counts, we count those up and make sure that we are meeting the requirements that were set by the commission. De Weerd: And so -- it will be -- are some of these developments -- because this is just one of three or four -- who is paying for it? Meridian City Council Meeting Agenda August 7, 2018 – Page 183 of 572 Meridian City Council July 24, 2018 Page 71 of 112 Lucas: So, the -- all collector -- De Weerd: Did they bond for it? Luas: No. All collector street improvements are typically installed through -- by the developer when they are building the collector street adjacent to their property. So, this specific street -- and Becky can speak more directly to this -- has been built in sections and so as it's built out, as the adjacent -- as the adjacent development goes in you get it built in sections, much like many other streets. For example, there is a collector street near the new middle school on Stoddard that was built in sections. I believe now it finally connects all the way over from Stoddard to Linder, but for a long time it was just those sections that -- that occur through the development process. That's not uncommon. This one's a little different, because Harris was already existing, a very small portion of it. Dolsby: Madam Mayor, I measured the street in GIS and it looks be approximately 24 feet wide currently. De Weerd: Thank you. And that's sufficient for the amount of traffic that has been approved out in that area? Lucas: Yeah. Madam Mayor, Members of the Council, 24 feet is considered a -- a minimum for two-way traffic operations. As the volumes increase, as the developments and the houses continue to get built, that's why those lot triggers are put in place, so that we are able to monitor that the situation out there. Palmer: Madam Mayor? De Weerd: Okay. Mr. Palmer. Palmer: It seems to me it's not too dissimilar from Chateau off Linder, Ten Mile, where it's been there, it just kind of sucked, and, then, as it's been developed around and now it's much more complete, curb, gutter, sidewalk, wider. But it was sufficient for what was there. De Weerd: It depends on if you lived out there. Palmer: How is it now? De Weerd: Now it's fine, but it was moving a lot of traffic and there were issues and -- and so that would be my concern there and I think Chateau was even older. I mean not as old as the section out there that takes you through some of our most beautiful area to get to the nice areas. Bernt: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 184 of 572 Meridian City Council July 24, 2018 Page 72 of 112 De Weerd: Mr. Bernt. Bernt: Justin, by -- by which phase of this development would the -- would necessitate to widen the road? Lucas: Madam Mayor, Council Member, which road? Bernt: Harris or -- we are talking -- are we talking about widening -- Lucas: So, it's my understanding that the -- the portion of the collector that is within the bounds of these preliminary plats, this preliminary plat and other preliminary plats, that is built completely. So, it's built on both sides. The section of Harris Street will not be fully completed until the adjacent property develops and so there was some discussion of that tonight that there is some potential applications being discussed on that property, but this developer doesn't have the ability to develop portions of Harris Street that are not under their property ownership, because, typically, there is not enough right of way to widen out a collector street until the development occurs and the developer of that property dedicates that right of way to the highway district. De Weerd: But these are just some of the situations we create because you have old and new and -- and, you know, there is really -- it's unsafe if you want to bring a bike or a pedestrian out in that area, because there is no curb, gutter or sidewalk. Lucas: Madam Mayor, Members of the Council, you're right, these are very common situations that occur in these rural-to-urban transitioning areas and as we have discussed on previous occasions, some of the solutions are very challenging because of the regulatory environment we find ourselves in during the development process. ACHD is not able to require off-site improvements of a developer, because there is no direct nexus. Although there may seem to be a nexus, it's -- it's very difficult for ACHD to require an off-site sidewalk, for example, unless the developer voluntarily offers that, because there is no right of way there, ACHD -- we have to go in and buy the right of way, then, to support the development -- it gets pretty complicated and if the -- if the property owner let's say is -- has a use there and they don't want to sell it, I don't see how ACHD would be able to acquire that right of way and the developer has no way to acquire it, because they are not -- they would be purchasing it as private property. So, this -- you're right, it's complex, and we have had discussions like this around schools and areas where -- I know the Council has been proactive at times requiring specific sidewalk connections in the first phase of development, especially on the perimeter of those arterial streets, and that's very helpful, because, then, you get those improvements in -- at least the perimeter improvements. If the inside subdivision area is still developing, at least you get those perimeter sidewalks to fill some of those gaps that exist in the system. De Weerd: But as we add densities on these underdeveloped roadways that are -- aren't fully built out or they are built to county -- old county requirements, our top priority Meridian City Council Meeting Agenda August 7, 2018 – Page 185 of 572 Meridian City Council July 24, 2018 Page 73 of 112 is public safety and are you creating an unsafe situation by creating more and more traffic and reasons for people to go in and out of there -- I don't know. I guess not being the road department and you have certain limitations it's hard to see how that all connects. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Correct me if I misunderstand the process, but wasn't this a previously approved project that we are just discussing whether to let them adjust it to add 15 building lots? Fifteen building lots, enough that it's going to make this -- this is no good, we need to throw this away. De Weerd: Well, I guess if you can go back far enough -- this came in after the property that was on Highway 69 that was going to be the commercial. So, that kind of came in first, if I remember correctly, and I -- I don't know. But there was already the premise that those improvements were going to be made, so -- and, then, all this other residential has happened since that, because that happened eight years ago or something like that? I don't know. I'm kind of scaring myself. Maybe I don't want to know these things, but that -- that is -- so, you are correct to a degree, but even when Council had looked at it at that time they thought there was a better sequencing with a commercial development and this residential. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: Sure. But haven't we entitled the property to be built like this and, again, we are just discussing adding 15 lots and some phase lines. De Weerd: It's a change and so that just kind of opens up the discussion. Thank you, Justin. Okay. Becky. McKay: Madam Mayor, Members of the Council, the Hawkins property never executed their development agreement, so they were never annexed or zoned into the city limits. What happened was they couldn't get their accesses to State Highway 69 that they needed and Walmart was going to go at that location. Walmart gave up on them and went to Stoddard and Overland. When Walmart abandoned that project, then, it sat just mothballed. Well, they have not been able -- my understanding in talking with some of their representatives over the past couple years -- to find another large box type tenant. So, obviously, now that Mr. Conger and Mr. Centers are moving a project forward, whether it be residential, I would say we are making progress, because when they bring that project in, then, they will dedicate the ten additional feet of right of way needed to finish that to a full 36 foot wide collector. Measuring it -- we just got our topo and I measured it 25 feet and there is curb, gutter and sidewalk on the north side, but it's just Meridian City Council Meeting Agenda August 7, 2018 – Page 186 of 572 Meridian City Council July 24, 2018 Page 74 of 112 edge of payment on the south side. The roadway was narrower until the city put that water line down Harris Street and, then, we connected it over to the line exiting out of the well. So, I think we are closer to getting Harris built to the ultimate build out. There are very few trips on Harris. I think there are only 231 trips from Meridian Heights and we have only built I think three phases of Biltmore. So, as far as capacity, even with a 25 foot pavement width there is capacity and as Mr. Palmer indicated, the project's already approved. We are not changing anything, other than we are just adding 15 lots and it is our desire to get Harris widened as soon as possible. So, I think this Stapleton Subdivision that's coming forward is going to help us do that. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-J. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: All ayes. Mr. Palmer. Palmer: So, I understand the motion to approve it needs to have mention of striking one of the conditions I was trying to write down, but I always get mixed up with the one dot one dot one dot two -- everything. How does that need worded to make this right? Anybody? Allen: Madam Mayor, Council, if you -- if you just include the condition -- I believe it was 1.2.2E. Basically the condition related to 1.2.1B. Palmer: Madam Mayor, I move we approve H-2018-0054, striking 1.2.2E. Period. Good with that? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Councilman Palmer, did you want to include the playground in phase one? Palmer: With the adjustment to the phasing park line. Meridian City Council Meeting Agenda August 7, 2018 – Page 187 of 572 Meridian City Council July 24, 2018 Page 75 of 112 Milam: The park. Palmer: Yeah. Milam: Thank you. Cavener: Second. Milam: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Can we move Item L up? I'm guessing that the majority of the people here are for that one. No? Never mind. K. Public Hearing for Keep Subdivision (H-2018-0043) by Jack L. Hammond Located at the SW Corner of E. Lake Hazel Rd. and S. Eagle Rd. 1. Request: Annexation and Zoning of 60.55 Acres of Land (7.07 to R -8 and 53.47 to R -2) to the R -2 and R -8 Zoning Districts; and, 2. Request: A Preliminary Plat Consisting of 59 Single Family Residential Lots, and 10 Common Lots on Approximately 53.47 Acres in the Proposed R-2 and R -8 Zoning Districts De Weerd: I'm sure they are here for Item N, the award of the RFQ; right? No, I'm kidding. Okay. Item 9-K is a public hearing for H-2018-0043. I will open this public hearing with staff comments. Parsons: Madam Mayor, Members of the Council, next item on the agenda is The Keep Subdivision. It's an application for annexation and a preliminary plat. The property consists of 60.55 acres of land, currently zoned RUT in Ada county and it's located out on the southwest corner of South Eagle Road and East Lake Hazel Road. In 2006, if Meridian City Council Meeting Agenda August 7, 2018 – Page 188 of 572 Meridian City Council July 24, 2018 Page 76 of 112 you look at the aerial here, the LDS church went through the county and got entitled. As part of that process they entered into a consent to annex agreement with the city, because they are using -- currently using city water and as part of that agreement is once the applicant -- once that property was contiguous with city limits they would be part of an annexation application and annex in per that agreement and so that's why the church -- that's why the application before you this evening has two distinct zoning districts, as the R-2 and the R-8. The Comprehensive Plan -- our future land use map designation for this particular property is low density residential, in which we can anticipate three or less units to the acre on the property. So, the applicant is here tonight to again annex and zone 60 acres of land with the R-2 and R-8 zoning districts. Primarily the reason for the annexation is to develop a preliminary plat consisting of 59 residential lots and ten common lots on 53.47 acres of land. Although the plat is -- the church is not a lot and block in the subdivision, the applicant is in the process of finalizing a property boundary adjustment through the county in order to incorporate a portion of this property in -- in -- as part of the recorded subdivision. Staff had a condition before in the staff report that the applicant have that process finalized before they came before you this evening. That has not happened. We received an e-mail from the applicant and note -- so, they are going to ask for some leniency on that particular condition and I will let them share that with you as they get up and provide their testimony. So, the applicant -- the average lot size for the R-2 lots range anywhere from 22,120 square feet to 77,000 square feet. Access -- as we went to -- when this project got before our Planning and Zoning Commission an access point was proposed to Lake Hazel Road. Staff did not want to impede that mobility corridor, so we had the applicant revise the plat and working with ACHD they came up with a revised plat that is before you this evening that shows -- depicts two access points onto Eagle Road and that's at the north and southern boundaries. So, those are the two access points into this development. Also as part of this development the applicant is proposing a stub street along the west boundary. Landscape ordinance requires that they provide a 30 foot -- 35 foot wide landscape buffer along Lake Hazel Road and a 25 foot wide along Eagle Road. Because the applicant is proposing lots in excess of 16,000 square feet, the code only requires that they provide a minimum of five percent open space and that was a change that was recently approved a year or so ago. I can tell you tonight the plat that's before you the applicant is proposing over ten percent open space. As part of our review we have also required the applicant to provide more amenities than required by code. So, the applicant is providing a tot lot, open space in the amount of five percent. There is a covered picnic structure or gazebo and, then, a bike storage, all on Lot 15 here, if you can look at the landscape plan on your right-hand side. Now, I would mention to Council -- there is -- there is a concern with -- from staff with -- in regards to turnaround being placed on a common lot. I think this has come before you in the past in a previous application. We want to know how that's going to be remediated. So, currently there is nothing in a DA on how that's to be structured and who is to -- if that road is extended who is going to replace the common lot landscaping and see that. So, certainly we need to take that under consideration tonight as we deliberate on this application. The applicant has provided some conceptual building elevations for you to take under consideration this evening. This is similar to what some of the neighbors came to and testified as part of that Southern Rim Coalition, they wanted larger lots in Meridian City Council Meeting Agenda August 7, 2018 – Page 189 of 572 Meridian City Council July 24, 2018 Page 77 of 112 the area to be -- to mimic more of that Black Rock Community and that's what the applicant is proposing this evening. Planning and Zoning Commission did recommend approval of this application. Testifying in favor was Todd Lakey. No one testified in opposition. No one commented on the application, other than Todd. And, then, we did receive written testimony from Judy Lewis. Key items -- or one item of discussion was the number of traffic generation from the project and, then, no key issues of discussion by the -- the Commission. The Commission did strike one condition of approval and that -- when it originally went before them staff had recommended that a pedestrian access be provided to the church along the -- it's between Lots 12 and 13. The Commission didn't feel that was necessary and they struck that condition. So, really, the only out -- a couple things that staff needs you to take under consideration. As one the applicants still need to finalize that property boundary adjustment with the county. That's critical, because we need to make sure that the plat matches the boundary that they are showing to you this evening. So, if that is not done, then, the church has to be a lot and block in the subdivision, which it currently isn't tonight. So, staff has some flexibility, if you will. As you know, a development agreement has a six month sunset clause, so certainly we can work with the applicant, not have them finalized their development agreement until they finalize -- give us the paperwork showing us that they have finalized their property boundary adjustment with the county. And, then, because this plat did change from Planning and Zoning Commission until this evening, I had a chance to look over some of the conditions of approval in the staff report and so some modifications are going to be needed this evening in order to make the DA align with the proposed plat and I will go through those changes with you very quickly. So, DA provision A specifically speaks to access to Eagle Road. Well, at the time this came forward there was only one access point and so the DA reflected that change. So, as you can see here that plat's been modified to show two access points onto Eagle Road, so we need to reflect the change to reflect two access points onto Eagle Road. The applicant added a tot lot to the subdivision that was not included in DA provision D, so we want to make sure that that amenity is added. And, then, condition 1.1.2C, there was a block link issue when we took this project before Planning and Zoning Commission. That issue has been resolved with the additional access point to Eagle Road and so that -- that condition is no longer applicable for this project. So, we asked that you strike that condition. Again, Planning and Zoning Commission did recommend approval. We are recommending a development agreement and I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bernt: Madam Mayor, one question. De Weerd: Mr. -- Bernt: Has -- have -- did they -- did you guys receive a letter that started prior to the City Council hearing the applicant shall provide the final approval letter from Ada county indicating completion of the property boundary adjustment. Has that been provided? Meridian City Council Meeting Agenda August 7, 2018 – Page 190 of 572 Meridian City Council July 24, 2018 Page 78 of 112 Parsons: Madam Mayor, Members of the Council, Councilman Bernt, no, that's the Condition 1.1 -- 1.1.5 was a condition that we had in there, so we either have to modify that, that they provide that prior to executing the development agreement or prior to the findings being approved and I will leave it up to your court on how -- how much leeway you want to give the applicant on that. Bernt: Okay. De Weerd: Okay. Anything further at this point? Okay. Would the applicant like to provide testimony? Good evening. Lakey: Madam Mayor, Council Members, it's always a pleasure to appear before you. For the record my name is Todd Lakey. Address is 141 East Carlton Avenue, Meridian, Idaho and as Bill's pulling up the PowerPoint here -- get it started. Okay. Great. Madam Mayor, Members of the Council, Bill did a good job covering a lot of the high points or a lot of the detail and I will cover some of the high points maybe is the better way to say it. We are very appreciative of staff's recommendation of approval, of Planning and Zoning Commission's recommendation of approval and also the support we received from ACHD as we worked with them. This is a very high quality project and it complies with the Comprehensive Plan, the zoning ordinance, and the agency requirements. This initial look is just the type of entrance, landscaping, and treatment that you will see on this project. I'm going to go through and just give you a little bit more of a taste of the character of the area and, then, talk about some of the details and some of those conditions that Bill mentioned. Okay. This is an aerial photo that just kind of shows the -- the character of the area as far as what's kind of being developed currently. Here is the subject property as Bill described and, then, you can see the development that's occurred primarily to the north -- oops, that's not supposed to do that. To the north -- the northwest and a little bit to the east. So, the -- the character of the area is growing. The existing zoning and Comprehensive Plan also reflects that. Our requested zoning is R-2 and that's the lowest density designation that the city has. That gives us up to three dwelling units per acre and our dwelling unit per acre is a 1.1 dwelling unit per acre average. So, we are at the -- at the low end of that. The R-8 for the church lot, that is required, because we need to have R-8 to do a church and, again, as was mentioned, there is a 2006 agreement with the city that they would annex when this comes forward. So, that's part of the cooperative effort with the church. I will talk about it later, but the church currently owns the entire parcel and as I talk about the condition that needs to be modified, I will expound a little bit on that. Here is your existing zoning in the -- in the area. The orange dot there is the subject property. We have got R-4 immediately adjacent to us, some R-15 and some R-8 in the area. So, that's medium to low density, medium to high density, and medium density. So, we are less dense than the existing zoning that's approved in the immediate vicinity. But in addition to that, we comply with the Comprehensive Plan. The Comprehensive Plan requires that we have a low density designation and that's what we pursued, in addition to the input that Bill mentioned we received from our neighbors. The purpose is to provide these type of single family homes on large lots. That's what the Comprehensive Plan calls for and how we are complying. Here is the Comprehensive Plan future land Meridian City Council Meeting Agenda August 7, 2018 – Page 191 of 572 Meridian City Council July 24, 2018 Page 79 of 112 use map. The orange dot, again, is our parcel and the light green is that low density designation. The yellow is medium density and the orange is medium to high. So, you can kind of get a character of what the city is planning for the area and how we fit. So, I want to look -- just show you a few more diagrams or renderings of what the project is going to look like to show that you are going to have a quality project. Hopefully Council Member Palmer won't say this project sucks. It will be a good project. So, there is the entryway. You can, again, the type of landscaping, particularly some -- some of the trees as they mature. The detached sidewalks that we are talking about. Here is an overhead view again looking down on the entryways coming onto Eagle Road. Again, another view of that entryway treatment. You already saw the types of homes and the -- and the exteriors we are going to be looking at for this -- this project. As Bill mentioned, we -- we changed the preliminary plat and the landscaping plan at the suggestion of staff and -- and ACHD. We had the access onto Lake Hazel. There was a sincere lack of enthusiasm for that access by ACHD and city staff and so we modified that, met with ACHD and Eagle Road is classified to a lower degree than Lake Hazel. That was their -- part of their bases for approving the two accesses. Their preference was that it would be on Eagle Road instead of Lake Hazel. There is some geography and some other things that combine to make Lake Hazel a little more challenging. So, the two accesses go around the two portions of the property that abut Eagle Road north and south of the church. A c ouple points I want to mention there. With our revised plat and a revised landscaping plan, we received, again, the support of ACHD and -- and city staff. That removed the need for what was previously a requirement for an emergency access only to Lake Hazel. We also in our change we increased the open space and landscaped area. Previously were we at -- we were at more than double the other requirement, about 10.6 and now we are about 11 .09 open space on the -- on the property -- on the project. The common area, as Bill mentioned, is located here. That's about a 26,000 square foot lot and we are going to include that play equipment, the gazebo, and the bike rack on that lot. The requirement for the temporary access was one that was generated from ACHD. Because of that length we are certainly willing to forego that if -- if we obtained a waiver from ACHD and the Fire Department that that wasn't necessary in this particular case. So, we would be open to that flexibility. If we don't have that flexibility, then, we are certainly willing to include in the development agreement that we signed that the developer or their successor, the HOA, would be responsible to reclaim that if and when that connects to the property to the west. So, that's -- that responsibility is taken care of to put that portion of the temporary turnaround back into grass to match the -- the rest of the lot. With that -- I want to mention a couple of the conditions that we needed to modify. I think Bill touched on them. Modifying 1.1.5, that's the requirement to have the property boundary adjustment done and a letter from -- from the county submitted prior to the Council meeting. As I mentioned, the church owns the whole property. As they looked at it we thought we could do that, but, then, as they thought about it some more they wanted to make sure that they had a city approval -- approval from the Council before they made permanent changes on their property. We anticipate that that can be done in about a week. The record of survey is essentially complete, but the church wanted to know that the Council approved the project before they did it. As I talked with Bill I think having that condition met prior to approval of the development agreement makes good sense. We could have it done and submitted Meridian City Council Meeting Agenda August 7, 2018 – Page 192 of 572 Meridian City Council July 24, 2018 Page 80 of 112 prior to that time. The development agreement established the responsibilities regarding that condition and others. I think I want to denote just a couple others. Bill mentioned I think most of the conditions. The one that I just talked about modifying is 1.1.5 to change that to prior to the development agreement execution and, then, also the -- this still has the old ACHD conditions in it related to the previous plat that had the access onto Lake Hazel. So, for example, 7.1.7 talks about the main entrance on Lake Hazel. That would need to be deleted, because that's been changed. And I think we caught most of them, but it might be good if we had, just in case, some -- some flexibility to double-check with staff to make sure all the conditions reflect the -- the recent preliminary plat and the ACHD approval. You have the general requirements to comply with ACHD requirements, which would cover that. With that, Madam Mayor and Council Members, this is a quality project that complies with the Comprehensive Plan, the zoning ordinance, and the agency standards. City services are available and we would ask for your approval. I would be happy to answer any questions if you have them. De Weerd: I think you didn't even have to provide the detail that you provided. I think we probably could have voted the minute you open your mouth. This is a beautiful project, Todd, and appreciate the thorough review you did of the staff report and appreciate the caution that the church had in making sure that Council approves this before they -- they took that last dot of the I. But this is -- this is quality and -- and, unfortunately, you don't see these very often. So, when we do you almost get giddy. But, Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Planning and Zoning -- thank you, Todd, for your presentation. Planning and Zoning scrapped a -- like a micropath from the -- the cul-de-sac to the LDS church. What is your thoughts on that? Lakey: Madam Mayor and Council Member Bernt, that was removed, essentially, at the request of the church. They preferred not to have that connection for security purposes. Obviously, there is sidewalk connections throughout the property that can get to those -- to the church for those that want to walk, but they wanted to remove that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Todd, yeah, beautiful homes. I'm ready to move in. De Weerd: I already chose my house. Milam: There was a letter, though, in -- in our packet from Judy Lewis. Did you have a chance to review that? Since she had some questions that -- you might have answered Meridian City Council Meeting Agenda August 7, 2018 – Page 193 of 572 Meridian City Council July 24, 2018 Page 81 of 112 some of them already, but she lives right across the street from the LDS church. She couldn't be here tonight. Lakey: Madam Mayor and Council Member Milam, I have reviewed it. It's been a while. It seems like some of her concerns were related mostly to traffic and ACHD, again, did a thorough review on this and approved our plan and, then, also in their report you will note that they have, as part of their capital improvement plan, improvements planned for Lake Hazel and for Eagle Road within the next three years. Milam: Do you know -- what is the time frame for when it's starting and completing it? Lakey: Our project? Milam: Yeah. Lakey: Madam Mayor and Council Member Milam, I can ask my client, but I do know that they are planning on doing it in one phase. So, it would be a final plat on top of the preliminary plat and, then, just developed out in accordance with the city timelines from there. Milam: Madam Mayor? And if you know where the construction vehicles will enter and exit the property when construction begins. Lakey: You might give me a moment to get an answer to that question for you. Milam: Sorry. Lakey: Okay. Milam: Madam Mayor? Todd, I mean there is -- and there is going to be public testimony, so we can -- if nobody else has any questions you can answer that at the end. Lakey: Will do. Milam: That would be fine. That will give you some time. Thank you. I appreciate it. De Weerd: But I do think that the letter addressed the concern about traffic and this has one of the lowest impacts of traffic. Just thought I would bring that up. Any further questions? Thank you. Lakey: Thank you, Madam Mayor. De Weerd: Mr. Clerk. Meridian City Council Meeting Agenda August 7, 2018 – Page 194 of 572 Meridian City Council July 24, 2018 Page 82 of 112 Coles: Thank you, Madam Mayor. We had six sign-ups, all in favor, one of which wanted to testify. Mary Affleck wanted to testify. De Weerd: Well, thank you all for hanging in here with us. It's been a long evening. Thank you for joining us. If you will, please, state your name and address. Affleck: My name is Mary Affleck. My address is 6519 South Raap Ranch Lane. I don't know if you can pull up a picture that has our address on that also? I'm -- I am not against this at all. I think it's beautiful. Ty, finally we get one that the rest of us like. It's beautiful. But as they pulled it up I saw there were a few changes from when we went to the meeting. We weren't able to make the last City Council meeting and ours is the triangle that's right next -- we run the length of this subdivision. It looks to me like right where the tot lot is is like right by our barn and that means animals and also there is a canal that runs the length of that. So, that scared me just a little bit there with children and road just being stubbed into our property. The other thing is that the point of the triangle, we have bees, so -- Bernt: Bees? Affleck: Bees. Yes. So, that's a little bit of a concern for people that are building there and, like I said, I have no opposition to this at all, but I think it would be wise to put a very large fence between ours and -- or even between their property and the canal that runs through there. That's just my recommendation, because we are probably not going to change and we are getting horses, so -- sixteen acres next to a subdivision. De Weerd: Well -- and usually our developments do have perimeter fencing, but we will find out what the fencing plan is in -- in the applicant's remarks. Affleck: Thank you. De Weerd: Thank you. Is there any further testimony? Okay. Mr. Lakey. Lakey: Thank you, Madam Mayor, Council Members. Again, for the record Todd Lakey, 141 East Carlton, Meridian, Idaho. De Weerd: Thank you. Lakey: Madam Mayor and Council Members, so I haven't answered a couple of questions. Council Member Milam asked about our timing and we feel like the -- there is a high demand for these lots currently and so our plan is to develop these as soon as possible. We anticipate having lots available for sale next summer or as quickly as we can get them. So, the project I anticipate will build out pretty quickly. The construction will be the southern access. So, on the south side of the church there. And, then, in regards to tot lot -- it's a little more directly east from the church, so it's not totally lined up with the barn, but we will have wrought iron perimeter fencing in that area to keep the property separated and keep people in the subdivision on that lot inside the Meridian City Council Meeting Agenda August 7, 2018 – Page 195 of 572 Meridian City Council July 24, 2018 Page 83 of 112 subdivision. And with that, Madam Mayor, I think I answered your questions. I would be happy to answer any others if you have them and we would ask for your approval. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Any concern about the bees? Lakey: Madam Mayor and Council Member Bernt, the little critters are kind of hard to control. Not -- I mean not really from our perspective, so -- De Weerd: I was looking forward to your answer, actually. Lakey: A little GPS on them. I don't know what -- no. Bernt: I just wanted it on the record just for, you know, future -- Lakey: Sure. Bernt: -- property owners that have a concern about it, so we are good. Lakey: I would say we recognize, you know, it's a growing area, but there are certainly still agricultural operations in the area. Bernt: Sure. I understand. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Lakey, do you happen to know the height or width between -- I guess the spacing on that wrought iron fence? I recognize the aesthetics and I think with a neighbor like this it's -- it's an appropriate type of fencing. I am just also -- as a father of a toddler who has the ability to move and maneuver through places and things that I never thought possible, just wanting to reduce the likelihood -- you know, any possibility of a little one putting themselves in danger with the water feature and -- and a farm. Lakey: Madam Mayor and Council Member Cavener, I think we can certainly keep that in mind. From -- from personal experience I have been shopping for wrought iron fence for -- for my home and they are -- they are spaced at such a distance they are designed not to let children get through them. De Weerd: That's true. But if you have had kids somehow they figure things out. Lakey: Right. Nothing's foolproof. Sure. Meridian City Council Meeting Agenda August 7, 2018 – Page 196 of 572 Meridian City Council July 24, 2018 Page 84 of 112 De Weerd: Any other questions? Okay. Thank you. Lakey: Okay. Thank you, Madam Mayor. De Weerd: And certainly you can pass along your -- your number to the neighbor. Okay. Council, anything further? If not, I would entertain a motion to close. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we close the public hearing for H-2018-0043. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-K. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve H-2018-0043. Milam: Second. De Weerd: I have a motion and a second. Did you want to note 1.1.5? Bernt: Oh, yes. De Weerd: And the updated comments for the ACHD approvals. Bernt: Yes, I would like to include those. Thank you, Mayor. De Weerd: You bet. Cavener: Madam Mayor? De Weerd: Second agrees? Yes. Mr. Cavener. Cavener: Does the maker of the motion also plan to strike 1.12C as requested by staff? Bernt: Yes, it does. Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 197 of 572 Meridian City Council July 24, 2018 Page 85 of 112 Milam: Second agrees. De Weerd: As long as Bill nodded. Parsons: Madam Mayor, another clarification on the turnaround. How do you want to handle the turnaround on the common lot? Are we going to pass the buck onto the HOA in the future to remediate when the road gets extended or are we going to -- De Weerd: I think the applicant noted that that had been straightened out. Parsons: Yeah. They had the option to work with this ACHD and the fire department on that or -- they can't seem to waive the requirement for the temporary turnaround and we will have a DA provision that required remediation by the HOA I guess. Is Council amenable to that? Cavener: That's the appropriate -- sorry. I'm not the maker of the motion. Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm not the maker of the motion or the second, but we didn't have a chance to really discuss that, but that -- I'm supportive of that. It's not my preferred approach, but it's I think the best solution that presents itself. So, I'm supportive of that. De Weerd: Okay. Anything further? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. L. Public Hearing for Compass Charter School (H-2018-0048) by Bouma USA, Located at the northeast corner of W. Franklin Rd. and S . Black Cat Rd. 1. Request: An Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 25.05 Acres of Lane from Medium-High Density Residential and Park to Mixed Employment; and 2. Request: Annexation and Zoning of 21.93 Acres of Land from RUT to the ME (Mixed Employment) Zoning District Meridian City Council Meeting Agenda August 7, 2018 – Page 198 of 572 Meridian City Council July 24, 2018 Page 86 of 112 De Weerd: Item 9-L is a public hearing for H-2018-0048. I will open this public hearing with staff comments. Parsons: Madam Mayor, this is on the Compass Charter School. The site consists of 21.93 acres of land currently zoned RUT in Ada county as well and is located near the northeast corner of West Franklin Road and North Black Cat Road. The applicant -- the current Comprehensive Plan designation for the property is medium high density residential and a park. You can see that on the exhibit directly to your right on the screen. The applicant is here to discuss a comprehensive land use change on approximately 25.05 acres of land from medium high density residential in part to mixed employment and to annex 20.93 acres of land into the city from RUT to mixed employment zoning district. So, as I -- as I go through the presentation you will see that there will be two concept plans for you to take under consideration. One specifically is illustrative only and shows how it supports the Comprehensive Plan change and the other one is to show what the applicant intends to do with the annexation of the property. So, currently this is what you have before you. So, again, the exhibit on the left, the applicant has provided two concept plans. So, typically when the applicant goes through that Comprehensive Plan map change we ask them to show us how they can envision the property developing in the future. Keep in mind that we can't condition Comprehensive Plan map amendments and so in this particular case the map on the left is illustrative purposes only. The applicant went to all the adjacent property owners, shared with them the vision for their particular portion of the project and got the other adjacent neighbors on board to change their comp plan with a vision that someday there could be some commercial that can support the future school site in this area and that's kind of that visual graphic on the left that shows future accesses and how other properties can develop in conjunction with the school site. A c oncept plan on the -- the right-hand side is what they are proposing with the annexation request and that's where the Council has the ability to tie this concept plan to a development agreement and that's what staff is recommending before you this evening. So, one is a little high level detail and the other one kind of shows you what they plan on doing not only with their first phase, but previous phases as well. And so the applicant -- for my purposes of my presentation I'm going to focus on more of the annexation side of things, because that's really what they intend to develop at this time, but I thought it was important context for Council to at least see what they -- they have some kind of vision for -- to support the Comprehensive Plan in that and the other adjacent property owners were supportive of that request as well. So, again, the graphic on the right shows the applicant showing a school site. The subject property does have access to both Black Cat and Franklin Road, as you can see here on the concept plan. As part of the Ten Mile specific area plan in which this property is part of, the applicant is required to collect -- to construct a collector road along the north boundary of the site. The one thing that isn't quite reflected in this is the applicant is trying to purchase the property kind of northeast of this property, so that they can have ball fields in the future, but at this time that property has not been secured, so it's not part of the annexation plan at this point. At some point if they are able to that they will have to come back and modify that agreement and share with you their future plans for that particular property. An interesting point with his Meridian City Council Meeting Agenda August 7, 2018 – Page 199 of 572 Meridian City Council July 24, 2018 Page 87 of 112 particular property is there is currently a landscape business that is part of this particular annexation request. The applicant is pursuing buying the back portion of that particular property and so with the annexation request staff is recommending that there is two development agreements, one that kind of governs what the landscape business can do in the future and one that governs what the Compass Charter School can do. So, it is kind of a unique anomaly and -- but we want to make sure that both parties are set up for success on what they can do with future development of their property. So, the applicant is proposing a parent drop off area -- basically they come in off of Black Cat and kind of isolate the parent dropoff area here and, then, on this portion of the site the buses will enter and exit off of Franklin Road. That was something that was discussed at the Planning and Zoning Commission. So, this particular site plan that you have before you are a result of what kind of transpired during the Planning and Zoning Commission hearing. Originally there -- because this is a future collector road along the north boundary, the applicant is -- originally had a couple curb cuts into the school site. Both the applicant, ACHD, and city staff felt it appropriate to just have one access to that future collector road and so that's why the plan has been modified to reflect that change. I would also mention to you that the Williams pipeline does bisect this particular properly, just like the -- the Graycliff project. So, the applicant will have to comply with the -- their development handbook as they move through development plans on this site. You know, one thing that wasn't really vetted or discussed at the Planning and Zoning Commission, but it really falls under the purview of -- of the Council this evening is -- as I mentioned earlier in my presentation this particular property -- although the neighbors are supportive of changing their comp plan designation from medium high density residential to mixed employment, there are still single family residences that are -- abut up against this property and whenever we have a commercial zone that butts up to a residential use or a zone the code requires a landscape buffer to segregate the uses. Now, the code does allow the Council to grant a waiver or reduction to that buffer to the public hearing process, so I would encourage the applicant to at least bring that point up to you this evening and ask what they are willing to work with you as far as a reduced buffer. Currently here they are showing a five foot buffer up against some of those residential uses. Again, the comp plan change is one thing, but here we are in for annexation and there are existing uses in the county currently. So, that's something that you need to take under consideration as part of this application this evening. As I mentioned to you -- the one thing that I did also want to point out to the Council this evening is once this property is annexed and zoned a school is a -- what we consider a principally permitted use. So, if the development agreement is executed, a public school doesn't -- or the charter school doesn't have -- have to come back through a public hearing process. It's a principally permitted use. So, at that point the site details, the site design, all of that is at staff level approval, so you don't get another bite at the apple. So, this application does have to be scrutinized a little bit more, just because we don't get another chance at a review, except at staff level. Now, it's a different story for the landscape business. That particular use is described as a mobile service in our code, so right now we are going to -- staff is going to recognize that it's an existing business approved through the county. If a business owner is wanting to expand that use in the future they are going to have to come back through a conditional use process in order to do that. So, currently as it's structured in Meridian City Council Meeting Agenda August 7, 2018 – Page 200 of 572 Meridian City Council July 24, 2018 Page 88 of 112 the development agreement -- or proposed DA provision, the landscape business will keep one access point to Franklin Road and the school district will have their access point -- their right-in, right-out only access for their bus entries and, then, a full access to Black Cat. As a provision of annexation the code requires that the applicant grant cross-access with adjacent properties, so this plan does define those locations, but staff feels it appropriate to leave it a little bit fluid for the applicant as they further divine -- design their site plan to kind of refine it -- I think there may be other opportunities for a better location for cross-access. So, certainly we want to work with the applicant as we move forward. We want to make sure that we want to limit those access points to that arterial roadway on Franklin and eventually we hope this collector roadway is stubbed and would be extended with additional properties to the east. So, we want to -- you can see here what the future land use map here that that road will be stubbed here and eventually get extended further to the east as additional properties annex and zone into the city. The applicant did also provide sample elevations for you. Again, these are just renderings. They will have to go through the design review process with their certificate of zoning compliance application. I believe the applicant has made some refinements to their elevations. As we had called out in the staff report that there was too much metal on the building and they would have to work with our design standards and try to eliminate some of that metal siding in order to comply with the design manual. So, our Planning and Zoning Commission did recommend approval. Speaking in favor were Paul Bierlein -- Paul -- Bill Haddock, and Kelly Trudeau. Jane Byam, Cheryl Stores and Stephen Janoushek spoke in opposition of the project. No one commented on it. No written testimony received. And really key issues of discussion at the Planning and Zoning Commission concerned increase in traffic because of the school. A lot of the neighbors came and testified that they weren't adequately noticed, which during that public hearing we did clarify that they were and, then, some of the neighbors testified whether or not their irrigation water was going to be provided to them downstream. So, we addressed that. And, then, also key items of discussion by the Commission included parking for the school site. Some of them felt that it was under parked for a school and, then, also the bus circulation. We spent quite a bit of time on how that would work and how buses would come in and out through a right-in, right-out only access. Originally staff was recommending that the applicant design the site so the buses could get farther north and exit out onto that collector road that would punch out to Black Cat Road, but currently as -- as proposed to you this evening that change had not occurred. So, as far as -- the only written testimony that we received was from Brian Holaman. He was -- his response to the Commission recs. There aren't any outstanding issues for Council this evening. So, I will go ahead and complete my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda August 7, 2018 – Page 201 of 572 Meridian City Council July 24, 2018 Page 89 of 112 Bernt: One question. I agree with the Planning and Zoning Commission. My experience in the past it seems like there is always more parking that's needed than what's planned or -- than what's been planned for and so not uncommon, you know, to see cars parked out on streets they are not supposed to and it sort of ends up being sort of a cluster and so what's staff 's opinion when it comes -- as it relates to parking with this potential development? Parsons: Madam Mayor, Members of the -- of the Council, I think you bring up a valid point. Currently our current standards for this type of development is one per 500 gross floor area of the school, so it's based on the square footage of the building. I think the applicant can maybe share with us on how many employees they plan to have at the school with their phase one and certainly parking won't be allowed on the collector road or any of their other arterial roadway. So, we have to be mindful as -- as we proceed through these approvals. The applicant -- again, the applicant is trying to acquire more property as they go through this process, so they can address some of those concerns. Right now Planning and Zoning Commission talked about parking, but really didn't say what that parking ratio would be. So, for now what you see in front of you is the parking that the applicant is proposing. So, staff's agreeable that -- or amenable to that at this point. Bernt: Madam Mayor, follow up? What is the ratio though? Are they just right at where they need to be or are they just -- are they meeting the minimum or where are they at in regard to what the requirement is from the city? Parsons: Yeah. Madam Mayor, Members of the Council, I don't have that answer for you right now. Maybe the applicant can shed some light on their parking ratio for the site. De Weerd: Any other questions for staff at this time? Okay. Is the applicant here? Thank you for joining us and we know it's late, so we appreciate those of you that are still here. If you will, please, state your name and address. Bierlein: Paul Bierlein with Bouma USA. 445 Pettis Avenue. De Weerd: Thank you. Bierlein: Madam Mayor and Council Members, I would like to start just by thanking the city planning and all the work that they have done with us through this process and we plan to continue to work with them to make sure that all the required guidelines and conditions are met that are in the report. We also -- I will try to keep this brief, too, per your earlier comment of how late it is. Bernt: Take your time. Bierlein: Okay. We also plan to work with the -- the landscape parcel to make sure that their parcel comes up to the standards that would be new for them per the ordinance. Meridian City Council Meeting Agenda August 7, 2018 – Page 202 of 572 Meridian City Council July 24, 2018 Page 90 of 112 So, we are working with them currently. We also are working with ACHD in the design and construction of the road improvements that are required and will continue to work with them to make sure that we meet all those requirements and that we are also working with the irrigation district to make sure that we don't disrupt any of the irrigation rights of the neighboring parcels. So, there is lots of requirements that we have to meet and we are working with lots of different jurisdictions to make sure we -- we do that. A couple items that Bill had brought up. I think maybe there is a misunderstanding on the ten acre parcel to the northeast, which is right here. Our -- our plan is to purchase that and to have that annexed as part of this process and I think that's the way that it was presented at the Planning Commission hearing. Is that different, Bill, than the way you understand or -- Parsons: I was just curious why the concept plan didn't -- I didn't know if we got cut out or -- Bierlein: Yeah. Maybe we are just trying to focus in on the development of this right now, because we are not developing any of this right now on the northeast corner, but we are planning to purchase that right now and would like that to be a part of this annexation. The other benefit of having that right now -- and as we move to develop that in the future there will be additional parking over there as well. So, that will accommodate both sports recreation and parking. So, as the school grows we will have additional capacity to expand parking over there as well. In regards to the landscape buffer that we were talking, Bill discussed this area right through here. I believe it was a 25 foot requirement, if that's correct. We didn't quite have that much room there. We were trying to work within very tight boundaries. There is an irrigation canal that runs along that boundary and we are trying to get as much parking, obviously, as possible and the bus route -- or bus drive. So, we contacted these neighbors here and they are in support of us putting up an opaque fence, so that we could potentially reduce the landscape buffer to a minimum width there in combination with the opaque fence and the neighbors supported that and, Bill, I forget what the process is that we have to go through there to accommodate that, but what you had addressed here earlier. Parsons: Madam Mayor, Members of Council, it just -- it takes Council action on -- on the annexation request tonight whether or not they support a buffer reduction from 25 down to -- what do you have there, five feet? Bierlein: We have a ditch that runs through there. I think it's -- I can't tell from this drawing, because it's pretty small, but maybe more like ten -- ten to 15. Cavener: Madam Mayor? I guess maybe just a point of clarification, then, for myself. The area that includes the -- it looks like a future soccer track -- to clarify, if I heard you correctly, you wanted that included in this application; is that correct? Bierlein: Yeah. That's correct. That's part of this annexation. Cavener: Madam Mayor? But you don't own the land? Meridian City Council Meeting Agenda August 7, 2018 – Page 203 of 572 Meridian City Council July 24, 2018 Page 91 of 112 Bierlein: We are -- we are working to acquire that piece of land, as well as the other three parcels. Cavener: So, you do or you do not -- Bierlein: We have a purchase agreement on all parcels and we are working to close on those. So, we do not own them right now, but we have the permission of the owners to speak on their behalf. Cavener: Okay. Madam Mayor, I guess a question for legal or -- are we able to move forward on an annexation? Nary: Madam Mayor, Members of the Council, it's just to have the -- just to have the approval of the property owners to be the applicant if they can. I mean I think that's what Bill was talking about in clearing up all that property boundary prior to the development. Cavener: Okay. Great. Thank you. Bierlein: You're welcome. Are there any other questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: How -- number of employees -- teachers, staff, janitors? Bierlein: You know, I might have to ask the school representative to come up and answer that question. I don't have that detail. If we can reserve that for -- we can either answer that now or reserve that. Here she comes. I will step aside. De Weerd: Hi, Kelly. If you will, please, state our name and address for the record. Trudeau: Kelly Trudeau. I just moved. 2509 North Kristen Way, Meridian. So -- so, there are several phases. So, our initial phase when we moved into the building will be approximately like 40 employees. That would include teachers, secretaries, administrators. De Weerd: And what is your mix on -- on the -- the grade level? Say you -- is all of your classes going to be here or are you still going to be in the University of Phoenix building? Or your own building? Trudeau: Right. So, this -- so, this building is actually replacing the University of Phoenix building, because that's a leased building. So, we will be moving over 6th Meridian City Council Meeting Agenda August 7, 2018 – Page 204 of 572 Meridian City Council July 24, 2018 Page 92 of 112 through 12th grade to this campus and, then, we will be keeping our building at Cherry Lane, which is our K through five campus. De Weerd: Okay. So, on the University of Phoenix site how much student parking did you find that you were -- you were receiving? Trudeau: Oh -- you know. And I don't know how many parking spaces are there, but we had plenty of room. So, we still have lots of more room that we could have accepted more student parking and staff parking. In fact, we use an entire lane -- I think there is four lanes in that parking lot and we use an entire lane as our bus lane. So, we -- yeah. And as a playground, because we have no ground -- playground. So, I would say we have maybe -- on a regular day 30 drivers from high school at the most. They do a lot of carpooling. De Weerd: Mr. Bernt. Bernt: Thank you for your comments. Are my -- are you the right person to talk to about parking and the ratios and what we are doing here? Trudeau: No. I should probably turn that back over to Paul. Bernt: Thank you. Hi, Paul. Hendrickson: Good evening. My name is Dan Hendrickson at 4063 Maybeck Drive and I am an architect, so be gentle tonight. De Weerd: Do you have an opinion on -- Hendrickson: I wanted to help so bad, but I -- I couldn't. So -- anyway. Parking. We -- we meet the ordinance. Okay. So, I think we got about 130 some spots. I was trying to count them on the screen and I couldn't, unfortunately, but I know we meet the ordinance, so they have about 70 percent busing. So, with 500 students -- you can kind of do the math, so I think -- I think we are good there, but like Paul said before, we have the ability under -- when we go -- move into the athletic facility to add parking if we need to. So, we -- we do charter schools throughout the country. That's one of the things we specialize in. And parking is always a challenge, but when you have busing it seems to alleviate that quite a bit. So, in this situation I feel comfortable where we are at. And I'm here for two reasons. One to talk about the architecture when we get to that point, but I also am the one who put together the master plan with all the other buildings on there. So, if we want to talk about that at any point I'm willing to do that as well. Bernt: Madam Mayor? I guess I had some questions about the parking. I don't mean to be a pain in the watusi, but it seems like in these schools inadvertently cause a lot of issues when it comes to parking and -- and as you guys grow, you know, you -- you just require so much more parking and what it does is when you have future development along Black Cat, it's going to take up a lot of their parking and they are not going to have Meridian City Council Meeting Agenda August 7, 2018 – Page 205 of 572 Meridian City Council July 24, 2018 Page 93 of 112 enough parking for their people and people are going to end up parking in the roads and places where they shouldn't be parking. It's just -- we see -- I personally have seen it a lot from different -- different schools that are private -- privately owned and ran. So, if -- it sounds like you're in the process of purchasing that -- purchasing the property in the northeast parcel. How many spots are you -- parking located -- Hendrickson: That depends on where we put the athletic fields. Right now we have them located where we can put some parking on the west side of the site and some parking on the south side of that site. You can kind of see the parking dashed in there on the -- on the master plan. Do you see that? Bernt: Yeah, I do see it. Hendrickson: Okay. So, I think we can probably get another hundred spots over there. Bernt: Hundred spots. Madam Mayor, one more follow up. When -- when it's full build out and you are at capacity, how many employees do you expect, plus students? I'm sorry for the question, but I -- Hendrickson: That's okay. Bernt: And people are going to be yelling and scream at us, because of the parking, so may as well just talk about it now. Hendrickson: Yes. So, right now we are at about 500 students -- I think that are starting there. They are looking to grow to 700 in this phase. There is additional phase where if the -- if they sell their building on Cherry Lane, that they can move the kindergarten through 5th grade there and, then, there will be another phase. That, again, would, then, trigger probably additional parking. So, I think right now we are probably okay. I think we are. We meet the ordinance and from my history and the work I have done around the country we are okay. I think we are not -- we are not -- we don't have too many. I think we are probably right about the number we need. So, I feel when we do the next phase that's when we are actually going to need parking. Make sense? Bernt: Thanks. Crystal clear. Madam Mayor, follow up. Where do you expect to get that parking? Hendrickson: In the other lot. Bernt: And where -- right up there? Hendrickson: Yeah. Bernt: I'm good. Thank you. Hendrickson: Yeah. We are going to need that for sure. Meridian City Council Meeting Agenda August 7, 2018 – Page 206 of 572 Meridian City Council July 24, 2018 Page 94 of 112 De Weerd: Other questions from Council? Thank you. Was there anything else, Paul, that you wanted to cover? Okay. Milam: Madam Mayor? Milam: Mrs. Milam. Milam: I did have a question for Paul. So, you said you had permission -- you talked to the neighbors to have a five foot buffer with a wall. Do you have anything in writing from the neighbors? Bierlein: Yes. Yes, we do. Milam: So, it's not just a verbal handshake -- yeah, it's fine with us. Bierlein: Yeah, we have a -- we have a letter from each -- each one. Milam: Okay. And what kind of wall specifically -- what are you thinking? Like a brick wall? Bierlein: No. Like a vinyl -- Milam: Vinyl fence? Bierlein: Yeah. Milam: Just like a six foot vinyl fence? Bierlein: Yeah. Yeah. Milam: Thank you. Bierlein: And I think there -- somewhere in there we have a little bit of retaining wall that's needed, because there is a grade challenge with the irrigation canal that runs through there. So, it would be a combination in one area of some block retaining wall and vinyl fencing. Milam: Like Costco. A combination. Bierlein: Any other questions? De Weerd: Anything else from Council? Thank you. Bierlein: Thank you. Meridian City Council Meeting Agenda August 7, 2018 – Page 207 of 572 Meridian City Council July 24, 2018 Page 95 of 112 De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. Jane Byam signed up wanting to testify. De Weerd: Good evening. Byam: Good evening. De Weerd: Thank you for still being here. Byam: Thank you for still being here as well, so -- Madam Mayor and Members of the Council, my name is Jane Byam. I live at 6050 El Gato Lane, Meridian. De Weerd: Thanks, Jane. Byam: I'd like to, first of all, go on record as saying while I attended the Planning and Zoning meeting, opposed to the school, I am not opposed to the school, I'd much rather have the school there than apartments. My concerns are the increase of traffic on Black Cat. The entrance to the school will be just south of the railroad tracks. There is already a stop sign there and that's going to be an entrance to the school. I spoke to Gary Inselman at ACHD and currently there is no intent for the road to have a turning lane into the school so anytime anybody stops to enter it's going to block traffic -- the morning commuters heading down to Franklin to head over to Ten Mile. They -- Black Cat will eventually be widened to five lanes, but that is not slated to happen until sometime between 2021 and 2025. So, unless that changes it's just the single lane each direction right now and I'm concerned about that -- the traffic going in and out of the school, especially with it including not only staff members, but parents dropping children off if it does become a K through 12 school and students themselves driving at high school age. So, I would like to ask the Council to consider the possibility of requiring the vehicle -- the -- what do you call it? Differentiate between buses and cars. The car traffic to enter off of Franklin and the bus traffic to go in off of Black Cat, because I'm assuming there will be fewer buses than there would be cars. There is an issue, however, with the entrance off of Franklin, because of the concrete median that was put in when Franklin was redone. So, I don't know -- I -- I think that goes on Franklin passed where the proposed entrance off of Franklin is, so I don't know what can be done there to make it possible for people to be able to turn left or right heading east or west. I wondered if there was a possibility perhaps of -- it was mentioned tonight maybe that collector road being pushed through, I wondered if there is any possibility that the -- that connector -- collector road could then connect to the end of Zimmerman, which comes out onto Franklin further east and that's passed that concrete median. I guess that's -- that's pretty much it. Like I said, I'm mostly concerned about the traffic at -- when they redid the intersection of Black Cat and Franklin, ACHD diverted the traffic, rather than -- rather than -- when the intersection was closed, when they were working on it, rather than sending them up to Cherry to head west, they sent them down our street, which is a rural street, people walk, bike, ride horses and -- and that traffic hasn't stopped. We have constant speeders and with traffic backing up on Meridian City Council Meeting Agenda August 7, 2018 – Page 208 of 572 Meridian City Council July 24, 2018 Page 96 of 112 Black Cat, because of the entrance to the school, I'm afraid that's only going to get worse. So, thank you. De Weerd: Mr. Bernt. Bernt: Thank you, Madam Mayor. Is there a way to look at the topography in -- or the Google Earth of what Jane is speaking to in regard to her concern about traffic? Zimmerman -- I heard Zimmerman was involved and -- I'm trying to put some eyeballs on it. Byam: That Zimmerman is just -- it's east off of Franklin. East of where the proposed entrance is on Franklin. Can you see that? Bernt: Madam Mayor? I'm still trying to figure out what you were proposing. Byam: So -- so the -- that line right where the cursor is now -- Bernt: Yeah. Byam: -- the entrance is going to come in on Black Cat. Bernt: Right. Byam: And if you travel east on that, that triangle, the green triangle is the area they are proposing for the sports field -- Bernt: Yep. Byam: -- Zimmerman is -- so, if you cross over -- they would have to cross over the canal. No. Keep -- yeah. Keep going. And, then, that's Zimmerman right there. And I believe that that -- Zimmerman comes out on Franklin passed where those concrete barricades are, so vehicles -- vehicles could go either east or west. They would have to, you know, cross four lanes of traffic, but -- and I have to do that on Cherry -- or Fairview and -- you know, we all know how to do that, so -- I don't know if that is a possibility as far as another entrance to the location. Bernt: Madam Mayor? Staff -- Bill, is that a possibility? Parsons: Madam Mayor, Members of the Council, it kind of goes back to Justin's testimony earlier this evening. I mean that's a -- that's quite a substantial run for a public street to go all the way across properties that aren't even annexed into the city, coordination with the school to try to get all that right of way dedicated and, then, that road built. I don't see that happening and certainly can't require that much road extension with an annexation. Byam: Thank you for considering it. Meridian City Council Meeting Agenda August 7, 2018 – Page 209 of 572 Meridian City Council July 24, 2018 Page 97 of 112 De Weerd: Thank you. Coles: Madam Mayor, there were none others that signed up to testify. However, 16 did sign up wishing to just express their favor for the project, but none others wanting to testify. De Weerd: I admire you for being here this late. Thank you. Would the applicant like to address kind of traffic flow in this area and -- Bierlein: Yes. Thank you. Madam Mayor and Council Members, we did do a traffic study. It was done by Thomas -- or Thompson Engineers. So, we got quite a bit of data on both Franklin and on Black Cat. We do plan to put a decel lane in on Black Cat going into the new collector road going northbound. I'm going to hit you with a little bit of data here, just to kind of give an illustration of, you know, what the actual numbers are out there. Right now our traffic study indicated that the peak hours of traffic in that area are from 4:00 o'clock to 6:00 o'clock p.m. Our -- our trip generations for the school will be between 2:00 o'clock and 4:00 o'clock p.m. So, it doesn't really align with the peak traffic generation times, you know, of that area right now. So, that's a good thing. On Black Cat Road right now they are showing a total of 334 vehicles per hour. The road was designed for 690 vehicles per hour for a two lane road. So, well below that in the morning hours and in the p.m. hours the volumes were recorded at 436 vehicles per hour. Again, well below the 690 vehicles per hour that the road is designed for. So, we feel that -- and working with ACHD they all agree that the decel lane going in off of Black Cat is sufficient to accommodate the additional load of traffic. I had similar data for Franklin Road, but it's not as big of a concern as it's all been newly developed already and widened and there is a -- we are proposing right-in, right-out at that drive coming in there. Any other questions in traffic? De Weerd: So, with the -- with the median it -- I assume that's why you have buses only using the -- the Franklin Road. Bierlein: It will be a lot cleaner. We have six buses in the morning and six buses in the afternoon and it will be a lot easier to make sure that we have the proper routes set up for them and they are coming in as a right turn in and a right turn out and in setting up their routes accordingly. If we have parents coming in that way we risk, you know, having parents not following the rules. We all know parents follow the rules most of the time, but there might be a few that don't. And a lot -- additional more traffic coming in to have to deal with right-in, right-outs. So, we said -- De Weerd: I'm sure the charter school parents are much different than public school. Bierlein: They are very well behaved. De Weerd: That primarily will be for the buses? Meridian City Council Meeting Agenda August 7, 2018 – Page 210 of 572 Meridian City Council July 24, 2018 Page 98 of 112 Bierlein: Yes. De Weerd: And the landscaping business maintains their -- their current access point. Bierlein: Correct. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Paul? De Weerd: I think he is already talked about parking. Bernt: I don't know what the big deal is. Geez. But I think I'm okay with reducing the buffer to five feet if it will add more parking. Bierlein: That's a great benefit. Yes. So, that's our plan. De Weerd: That's exactly why he's asking for the reduction. Any other questions for the applicant? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-L. Milam: Second. De Weerd: Thank you. I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0048 with approval of the reduction of the landscaping buffer along the canal to five feet. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Meridian City Council Meeting Agenda August 7, 2018 – Page 211 of 572 Meridian City Council July 24, 2018 Page 99 of 112 Cavener: Madam Mayor. Sorry. De Weerd: Mr. Cavener. Cavener: I appreciated the motion is for five feet. If I heard the applicant it was closer to eight to ten. Is that accurate? I just hate that we -- De Weerd: We have closed the public hearing. Cavener: We already closed the public hearing. So, I guess it's a question for staff. Does staff have -- sorry, Bill. De Weerd: I heard ten to 15. Parsons: Madam Mayor, Members of the Council, that's what I heard, it was about ten or 15, but -- Cavener: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The reason I went with five is because that was the initial word and, then, it wasn't, but there was a sure word and so I went with five to make sure there was space so they didn't have to come back and so, okay, we need seven. Milam: Can we make it as big as possible? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: For what it's worth, I'm not real excited about reducing that buffer to a less than known amount. I would rather that we have a specific amount of that width and, then, once we had that I would be -- I would be more comfortable with approving a reduction, but if there is -- without having an exact number we -- we create a couple of issues here. We have a spot where a fence could be, but now we have got this kind of no man's land of dirt or weeds that are just kind of in existence. I'd rather have the fence and parking and maybe there is more parking for Council Member Bernt, so I'm supportive of the application. I'm -- I'm not supportive of the reduction in the -- in the open space -- or the -- the barrier. I'm tired. I'm sorry. I will shut up. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Do we need to reopen the public hearing to find out? Meridian City Council Meeting Agenda August 7, 2018 – Page 212 of 572 Meridian City Council July 24, 2018 Page 100 of 112 Palmer: Madam Mayor? Or we can vote on the motion -- De Weerd: Mr. Palmer. Palmer: -- and see if three of us think five -- at least five is -- because they don't have to go to five if they don't need to go down to five. Milam: Like I said, as much as possible. Down to -- up five and -- Palmer: Call for the question. De Weerd: Are there any other comments? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: Okay. The motion passes. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. M. Approval of AIA G802 Amendment No. 1 to the AIA B133 Agreement to Rice, Fergus, Miller, Inc. for the “Final Design and Construction Drawings – Fire Station 6” project for a Not-To - Exceed amount of 523,925.00. De Weerd: And so, again, thank you for -- for sticking with us. Item 9-M is under our -- M and N under our Fire Department. Niemeyer: Madam Mayor, Council, good evening. I got you for the next two hours, so let's begin. It seems to be a night of architects. That's what we are going to discuss here with nine, M and N. It happens to be my initials. It's late. De Weerd: So, we had a bunch of architects willing to design the Costco. Niemeyer: The reason I came -- yeah. I'm sure there was plenty of opinions on that. M and N are two items that were on your agenda last week and they were pulled. There was some confusion -- especially over the architectural design and the cost. We pulled back. We met with Keith Watts. Met with the Mayor. Met with Dale Bolthouse. Looking what the city has paid. Looked at what this proposal is as compared to the cost of the project. It is not out of line. It runs about 10.6 percent. I believe Keith Watts did send you an e-mail follow up Friday prior to this meeting. We do have Charlie Butterfield here and our architect Gunnar Gladics, so if you have any architect questions I'm sure an architect would be happy to answer architect questions. Meridian City Council Meeting Agenda August 7, 2018 – Page 213 of 572 Meridian City Council July 24, 2018 Page 101 of 112 De Weerd: Could I ask like when we will have buildable designs, so that we can get this moving forward? Niemeyer: So, the projected timeline to have construction documents is January or February. De Weerd: November. Right? Niemeyer: That's what we have been given is January, February. De Weerd: November. I see the nodding of the heads. Yes . Construction documents. Niemeyer: Perfect. Thank you. Yeah. It's a late night. January, February is the bidding for the subcontractors. So, with that you do have a document that I placed in front of you as well. You will recognize this. I produced for you on June 14th. This was an outline of where we were at to that point, as well as the anticipated movement forward on Station 6, as I committed to each one of you in our one on ones. We are going to increase our communication to you as Council with regards to Station 6, so that it's very transparent, you know where we are going. So, the items highlighted in red -- and after tonight those will be in black and we will just continue to work off this document with updates. So, our update here is for July 24th and you will see that we added clarification in the timelines. The subcontract bidding begins January, February, so construction documents will have November, December. We anticipate breaking ground in February. That's going to be weather dependent, obviously. We are doing our dance, our weather dance to make sure we get a mild winter. So, that will depend on the weather. We do have provisions in here for weather -- Milam: Right now? Niemeyer: -- as part of the overall cost. Right now? Yeah. Agreed. The other thing we are doing that the Mayor is aware of is we are working with Public Works and their project management team laying out once this construction gets started how we are going to team together with Public Works on the -- on the project management side of it. You have ESI, which is -- which is we are requesting to the BR -- CMGC, our construction manager general contractor. You also have to have an internal project manager and so Charlie will be taking on some of those tasks and we are working with Dale and his staff to also get some help there. So, that's in the process. We will have that ready to go as soon as we break ground. The third page is the layout of anticipated cost. We -- we discussed that with you in our one on ones and what that anticipated cost is. This station has decreased in size. We started off in about 12,500 square feet was the original concept before we started getting bids with the cost of construction we cut some things out that we would have liked to have had, but they were like to haves and not must haves for the station. The things that we cut out -- community room. We talked about that months ago. We would have liked to have had a community room, a place for that local neighborhood gathering type -- type situation, a place for CPR classes in the south. We had to cut that because of square footage concerns. We cut Meridian City Council Meeting Agenda August 7, 2018 – Page 214 of 572 Meridian City Council July 24, 2018 Page 102 of 112 our third bay out of it due to square footage concerns. However, we built the design concept of this station with the future in mind, meaning there is places where you can add. We don't have that at any of our other stations. It was never considered to expand them. This is being designed with expansion in mind. So, that's already kind of being pre-drawn into the plans. So if and when the next generation gets to that point and there is some fire chief standing before the future council talking about the need to expand, they will have the plan in place already. So, that is the layout of the cost. With that I will stand for any questions. What we are requesting tonight -- and, again, Keith Watts sent an e-mail to this as well -- is we are requesting approval of the agreement with Rice Fergus Miller, which is Item M and, then, the agreement with ESI, which is Item N. So, with that I would stand for any questions. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know, chief, you sent us a memo this morning that references Keith Watts' e-mail that you have talked about a couple times. Maybe I'm the only one that didn't receive it, but I didn't receive it, so -- and I'm trying to do a quick pulse check with a couple council members here. It doesn't sound like they may not have received it either. Milam: On Friday? Cavener: So -- Niemeyer: That would have been Thursday or Friday. Charlie? Friday. Uh-huh. Cavener: Madam Mayor. I -- when I received this e-mail this morning I went to go look for that and, again, I'm not saying that we all didn't receive it, I'm just saying that it -- it never landed into my inbox. Niemeyer: Okay. De Weerd: Okay. It was sent to myself, Joe and Todd. Niemeyer: Okay. I don't have it in my inbox. I don't know if that can be forwarded or not. Essentially it was -- Keith's e-mail mirrored what I just talked about as far as the percentage with the architectural firm for architectural design. De Weerd: Any other questions? Any other questions. Palmer: Well, everybody's looking at me, I guess I must be the liaison of this department or something. This thing is expensive. Does it still have slanted roofs and Meridian City Council Meeting Agenda August 7, 2018 – Page 215 of 572 Meridian City Council July 24, 2018 Page 103 of 112 special cut glass to fit the slanted roof and -- you're sure we have gotten -- we have cut out anything that we could possibly -- I mean just -- Niemeyer: As a reminder to Council, I mean at some point the cost is the cost. The cost of construction right now is through the roof. We started at 7.9 million. Chief Butterfield has been working diligently and -- and has dropped it down to 6.3. So, we cut everything out that we possibly could that -- again, if I had it my way we would have a third bay. We just simply can't right now due to the cost. So -- so we have tried to reduce this down to the bare minimum to support that station. Palmer: Madam Mayor? I mean it's gorgeous. It looks awfully similar to renderings of a Costco. De Weerd: No. Palmer: Exterior metal, brick, and whatnot. We need to get this thing built. So, I move -- what do we need here? To just approve what's requested? De Weerd: We need to approve M and, then, after that -- Palmer: Oh, there it is. Okay. De Weerd: Yeah. Palmer: One at a time? De Weerd: Yes, please. Palmer: I move we approve the amended number one to the agreement for the final design and construction drawings for Fire Station 6, not to exceed 523,925 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: These are these uncomfortable conversations so why I don't like being on the City Council sometimes. I have really struggled. As the chief knows. Chief and I have had some very robust conversations about this station and it's very challenging for me, because I think a year ago I was the biggest cheerleader for us moving forward and, unfortunately, I'm on the other side of the -- the pendulum on that today. I have some significant concerns about the shepherding of this project and what the City Council has been told when the bouncing ball has changed that we have not been properly updated. Meridian City Council Meeting Agenda August 7, 2018 – Page 216 of 572 Meridian City Council July 24, 2018 Page 104 of 112 I appreciate the chief's willingness to be more transparent. Being very frank it's a little too late for me. This in no way reflects what -- I think the great work Charlie Butterfield is doing, but we had a Council Member a year ago that chose not to support a budget amendment because he had some significant challenges with the project and we were assured at that time that those challenges would be overcome and that we would be moving forward and that hasn't happened. Instead, we are further behind and this project is grossly over budget from what we were initially told. I appreciate what the chief says, the cost is the cost, but this is a cost that I am not supportive of at it this time. So, it's not a motion that I will be supporting. I really would encourage this Council to take a second look, have some new conversations, put together a true plan for how this is going to be communicated to us and begin again. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I would echo what Council Member Cavener has said and just -- we just need to get this going. I mean we need to get going. It's so far behind schedule and it's taken so long, it's -- it's interesting as I go out in the public and I speak to people -- people are bugged by this. There is a lot of people who are bugged by it and -- and I wasn't in those discussions a year ago, so I can't comment on what was said and what wasn't said, but I can -- we just need to get it going. We need to get it going as quick as possible. I don't know if I'm necessarily willing to just stop it in its tracks. I think we need a Station 6 there. We just need it -- we needed a Station 6 there like -- it should have been started construction months ago, so -- just -- those are my comments. De Weerd: I think we have a chief and a deputy chief, acting, that are fire -- their expertise is in fire and in an effort to minimize costs, they didn't go the project management route, which was suggested and they wanted to save money. They have been managing it in -- in a time where they are short staffed and they have had all kinds of things happen in their day jobs that they are the subject experts at. I think we could talk to Lieutenant Leslie about how to do your regular job and, then, try and do a construction project at the same time. It's very difficult and it does extend timelines. Right now we do have Brad and Vince looking at how we can do AIA contracts better, more efficient, and put together a process for some of these departments whose jobs really aren't construction, they are just part of the growth element. So, I -- I think that with the -- the pressures of the environment out in the world of construction and design that's added to it and it's been a combination of things. It's -- it is what it is right now and we need to get this project moving forward. To posture with comments right now isn't going to get us this -- this station built. We can delay it further if that's the desire, but we need to get these contracts signed and -- and -- where we can and maybe our architect sitting there can hear this as where we can we need to save time and certainly talking to ESI and getting this contract on the agenda and he turned it around pretty quickly. But there is a willingness there, too, to figure out how to get it sooner is -- or get some -- some urgency to this. Meridian City Council Meeting Agenda August 7, 2018 – Page 217 of 572 Meridian City Council July 24, 2018 Page 105 of 112 Palmer: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Twice tonight I'm voting against my own motion, but Councilman Cavener is right, I mean the -- every -- the building is gorgeous, but I think that's a problem. We can't afford gorgeous. I mean, yeah, the money is in the bank, but it takes all of it. There has got to be -- I would always bring up the standard roof is -- if we didn't do a -- I mean we have the architect here. If we didn't do the slanted roof, if we just -- is there a cheaper way? Is that an expensive component? Gladics: Madam Mayor, Council Members, I wouldn't want to speak completely to the cost, I will let ESI do that if -- if that's needed, but there are probably some things with different products that we can do and we are working towards solutions. You know, we -- we do -- it's a basic masonry bearing wall construction. Square openings for windows. Just the slanted roof, so that we can get the height for the apparatus bay and, then, provide a screening area for the mechanical equipment. It's basically trying to just create an integrated simple shape. It's a pretty square CMU building. From a cost standpoint we are working on a project with Twin Falls that they are seeing very similar costs for some bond planning that they are doing right now as well and, again, very simple. So, it seems that the number in that range is -- is pretty close to what everybody else is seeing and I think from some of the other -- the Boise stations and some of the other stations in the state we have seen they are pretty close to that same cost. It's -- it's hard to -- a lot of the -- the complex equipment -- it's a lot of stuff in the concrete. There is heavy equipment, there is diesel exhaust systems, there is rating systems, there is all kinds of stuff that you don't find in your regular garage-type building that you find in these buildings. But we are working towards cutting everything that we can out to make the cost go down. Bernt: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mr. Bernt. Bernt: You know, I agree cost is very important. I -- you know, but more important to me right now, above and beyond cost, is just getting this thing done and going -- I think - - in my opinion we are married to this, you know, whether it's good, bad, or ugly, you know, something that we -- so, I know we have had personnel hired, you know, for this - - you know, for a long, long time. So, we just need to get it going. De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 – Page 218 of 572 Meridian City Council July 24, 2018 Page 106 of 112 Cavener: I think it's important enough -- it's late at night, I think it's important to correct the record. I don't think there is any posturing that's going on here and to Council Member Bernt's comments, I have seen councils -- and they say, oh, we have already -- we have already made these decisions, we have already invested time, we have already allocated dollars, so we just need to go with it just to get it done and I would argue that we as a Council have a role to be a stopgap and to say is this appropriate right now. Council Member Bernt, you are correct, we allocated dollars to hire 12 people based on information that was shared to us. Information that wasn't accurate. And our -- it's my opinion that we are throwing bad money after good and I thing we as a Council need to take a stop, to take a step back, look at this project -- one, look at the appropriate parties that are shepherding this project and making sure that we have the right people in charge in looking at that, because I really have concerns about the information that's been shared with me -- more with the lack of information that has been shared with us for the Council. How we can be 17 months behind and one and a half million dollars over budget on this project and us find out about it a month ago to me is Ludacris and it's disappointing and I'm very upset about it and so I can't support moving forward, because I don't know what other ball is going to drop and when we are going to be informed about it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: So, Councilman Cavener, so you're -- just to make -- so you're not in favor of this project at all? You're like dunzo? Cavener: Madam Mayor? Mr. Bernt, no, that's not accurate. If you go back a year ago I was -- Bernt: I'm talking about now. Cavener: -- the biggest cheerleader for this project. I believe that we need Station 6, we need Station 6 desperately, but I don't feel comfortable supporting the items that are before us today until we have had a much larger discussion about the project, about who is shepherding it, and about how information is truly going to be conveyed to Council. I appreciate the commitments from the department they are going to be more transparent and more forthright, great, should have happened a year ago and until I have a better understanding as to what that plan looks like, I'm not prepared to spend dollars. We have zero purview over operations, but operations have gotten in the way and now we are being asked to spend dollars and so I'm using my authority of overseeing the city budget to say no until the commitments that have been made to us and commitments that have been shared time and time again are actually followed through. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 – Page 219 of 572 Meridian City Council July 24, 2018 Page 107 of 112 De Weerd: Mr. Palmer. Palmer: Rather than vote no on my own motion twice in a night, withdraw it instead. De Weerd: Okay. So, is there a motion for Item 9-M? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we deny Item 9-M. Palmer: Second. De Weerd: So, I guess to Mr. Bernt's question, are we tossing out what -- what has been done to -- to date? I'm not sure what this is going to accomplish. If -- if Council has a question as to the process of moving forward, I -- I think that's probably a more appropriate question and that the chief can bring back what specifically the project manager from Public Works is bringing to it, the commitment from Charlie's time and -- and there is always also the -- the aspect of hiring the project manager at an additional cost from the outside, so -- but delaying the contract for both the architect and the CMGC I don't think get us anywhere other than further and further behind. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree and I -- and I -- and I agree with Councilman Cavener largely about how this whole project has gone and I have showed my disappointment. However, I don't think that not approving this is going to move us down the road towards Fire Station 6. This is something we need anyway and you need to -- if you want more transparency, then, we need to ask for more transparency, which -- Cavener: We have. Milam: -- we are doing and, hopefully, maybe next time they will e-mail all of us the document and not just one or two people. So -- anyway. Shall we vote? De Weerd: I don't think Keith Watts intended it to -- to be a lack of transparency and -- and the chief thought he sent it to everyone, so he didn't know that. Milam: And I'm not saying this personal -- Cavener: Madam Mayor? De Weerd: But we do have a motion -- yes. Meridian City Council Meeting Agenda August 7, 2018 – Page 220 of 572 Meridian City Council July 24, 2018 Page 108 of 112 Cavener: My motion has nothing to do with Keith Watts or anything along those lines. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, nay. De Weerd: I vote no. MOTION FAILED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR NAY. De Weerd: We do need approval of this -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean, obviously, this is causing a lot of heartburn up here. 11:30 at night and missing a third of our Council. Will it hurt to wait until we have got the other third back and have time to digest even more? De Weerd: We are not delaying it a week, we are delaying it actually to the -- Milam: The 11th. De Weerd: -- 21st. Coles: Madam Mayor? August 14th is the workshop -- before the 21st. Cavener: We could add this to the 7th agenda, too. De Weerd: It's three weeks. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve Item 9-M. Milam: Second. De Weerd: I have a motion and a second. Any further discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, absent; Bernt, yea. Meridian City Council Meeting Agenda August 7, 2018 – Page 221 of 572 Meridian City Council July 24, 2018 Page 109 of 112 De Weerd: Okay. I will vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE. N. Award of RFQ #FD -1809-10770.A and Approval of AIAA133 Agreement to ESI for the “CMGC Services – Fire Station 6” project for a Not-To -Exceed amount of 4.75% of the cost of construction De Weerd: Item 9-N on the CMGC. Chief, anything you want to comment on on that? Okay. Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Item 9-N. Bernt: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, absent; Bernt, yea. De Weerd: I will vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE. Item 10: Department Reports A. Public Safety Quarterly Level of Service Report De Weerd: Thank you for sticking with us until almost tomorrow. Department Reports. Chief. Niemeyer: So, I will continue this on. This is the quarterly public safety report. I will present first and, then, Lieutenant Leslie is going to present as well from PD. Where we have been asked to present to you any anomalies over the last quarter. So, I want to hit just a couple of issues. Current staffing levels, to update you on our current staffing levels, we have had five retirements, which means we have five vacancies at the firefighter level. Fortunately, we had some extra staffing right now, so it's not creating a crisis for us. Normally under normal circumstances this would create the crisis. I have discussed with all of you in our one on ones the plan for our upcoming development programs, as well as the testing that's going to occur in the spring to get the appropriate Meridian City Council Meeting Agenda August 7, 2018 – Page 222 of 572 Meridian City Council July 24, 2018 Page 110 of 112 staffing levels for a captain and engineer. As you recall we didn't have enough folks take the test or pass, so we are going through that process again. We will put on the development programs in the fall and winter. We post the exam 90 days in advance. That's the contract. We will, then, test and, then, we will -- that takes about a month and, then, we will get those ranks fulfilled. Quarterly overtime, just to give you an update there. We had the retirement of Chief Scholl. That created a vacancy in the battalion chief level. That creates quite a bit of overtime. It's the highest rank -- highest paid rank within our nonsalaried individuals. We did put on a test. We promoted Tyler Rountree as you know. So, that has filled that hole. As we discussed already, what we don't have is qualified swing ups and we know that there is negotiations taking place, et cetera. So, we are working on that. We believe a working out of class program helps, et cetera, so we are working on that. We believe we have a class program to help solve that, but that's part of negotiations. I can't speak anything more to that until it's agreed upon. Over the last quarter we had some pretty significant responses that affected our personnel. The Mayor and I had this conversation with regards to mental health and mental health training awareness. You all recall the I-84 semi-car accident in which we had three fatalities. I'm not going to go into details on what our crews saw or dealt with, but it was pretty horrific and so we made sure we touch base with every crew member after that -- kept touching base to make sure that they had the resources they need. Then an officer-involved shooting that -- it certainly puts stress on our Police Department. Also puts stress on our firefighters as they respond out to those, knowing that we had an officer-involved. We did have a murder-suicide this past quarter. Again, that's an added stressor to our personnel. We had a south Meridian structure fire that was pretty intense. Pretty extensive. We involved mutual aid partners from Nampa and Kuna and that fire. We had two North Meridian fires, one resulted in a mayday with a four by eight sheet of sheetrock coming down on one of our firefighter's head as you were made aware of. Fortunately he is out of the hospital -- treated and released out of the hospital and now he is back in the line. So, doing well there. But, nonetheless, added some increased stressors. The reason I bring this up is that there is a gap right now, which you may have heard of in the news. Chief Doan has -- has done a couple of interviews on it. PTSD -- diagnosed PTSD. I want to be very clear on this. Diagnosed PTSD by a clinical psychologist in first responders is not covered under workmen's comp. It is not a covered illness. I have done this job 25 plus years now. I have seen my fair share and I know that there are -- there are serious concerns over mental health in responders. Some of us do well, some of us don't, and that's not a reflection on the individual, it's just how we cope with things. We treat broken arms. We treat broken legs. We cover broken arms. We cover broken legs. A broken mind we don't yet cover. So, that is something that we are working on with a broad coalition to include the police chief's, the sheriff's association, the Idaho Fire Chiefs Association to have a discussion at the state level on PTSD coverage, clinically diagnosed, for work comp and so that's something you may hear about. I wanted you to be aware that that's something in discussions right now on the boots at the ground level. As we have discussed, our plan is to staff Engine 36 June 21st. As we met one on one and had those discussions, that coincides with the completion of our testing process. We currently don't have enough qualified candidates at -- at captain and engineer, as we discussed, to do that. That is an issue that we have all discussed. We have plans for. We are putting on another Meridian City Council Meeting Agenda August 7, 2018 – Page 223 of 572 Meridian City Council July 24, 2018 Page 111 of 112 test. President Rountree is doing his part to work with the labor group to get them to take those tests and so we are working together with labor to get that done. The deputy chief of operations vacancy -- as you know, that's been vacant for about two months with David Jones leaving. Charlie has been named the interim opps chief, along with his planning chief duties and Station 6 project management. We are in our second process of advertisement and posting. So, we are going through a second round of interviews once we get enough applications. To date I have one and it's been open for two weeks. I have talked to other chiefs who have opps chief openings in the northwest from Washington to Oregon and in those departments I contacted those chiefs, they are having very similar issues getting qualified candidates to apply. So, we are going to go another two weeks, see what kind of candidate pool we get and keep moving forward. The last issue I have to update you on is a follow up. We discussed awhile back harassment training. This was a result of an arbitration hearing. I am here to report to you that we have been working with HR and ICRMP on this issue. We have training Thursday, Friday and Monday. So, we are covering all three shifts. The chiefs will be in attendance. ICRMP is leading the training. HR is, then, chiming in with their piece and, then, administration is chiming in with their piece. So, just a wrap up on that issue that harassment training is going on. Working with Crystal, she plans on, then, running that out citywide. It's about a two hour class -- classroom training. So, that's a brief update on where we are at over the last quarter and where we are going. I would certainly stand for any questions. De Weerd: Thank you, chief. Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: What do we do if you don't have anymore applicants? Niemeyer: Well, the contract calls for a process, so we have to put on a test. If we don't get enough qualified applicants we have to put on a second test. If after that we don't have enough qualified applicants we open it up to the outside. Bernt: I'm taIking about your deputy chief. Niemeyer: Oh. That one. We are developing a Plan B. It's something that I haven't had a chance to talk with the Mayor about, but I have been developing Plan B if we don't get qualified applicants. Bernt: Madam Mayor, follow up. I just -- I just heard you list all of the responsibilities that the deputy chief has and that's a lot on his plate. Niemeyer: Yes . Meridian City Council Meeting Agenda August 7, 2018 – Page 224 of 572 Meridian City Council July 24, 2018 Page 112 of 112 Bernt: I don't know how long that he can do all of those things effectively, so whatever we can do to help you in that -- in that situation just know that we are here to help any way possible. Niemeyer: We are working on Plan B. Bernt: ASAP. Niemeyer: Yeah. De Weerd: Okay. Anything further? Lieutenant. Leslie: Madam Mayor, City Council, the chief -- actually, I volunteered to do this for him, because he -- De Weerd: Wow. Leslie: -- seen the agenda -- I mean he's like you're going to be there a while. He was right. So, first off, I will start with Officer Mikowski. He's progressing well. We anticipate seeing him back probably mid August for some light duty functions and I'm not sure yet on his full recovery and when he will be back, but we do expect that. He seems to be doing well. He's lost the cane. He's walking without that now, so that is good. So, we are excited to hear that. Along the personnel we have eight officers currently in -- in field training. Actually two are in field training, six are in our advanced academy. We have four current openings and testing again in August to try to fill those four openings. So, we are progressing well on that as well. We have been pretty busy the last three or four months with the CITS. A l ot of our overtime has been spent on those responses guarding people in the jail -- or at the hospital until they go to the jail. We had the vehicular homicide the other night that staff -- it took quite a bit of staffing to handle that as well. That's been pretty much taking up all of our time. We have a critical stress debrief that chief talked a little bit about PTSD and so after the critical incidents involving our officers and the shootings we do bring them together with a peer support group or partner with the Boise Police Department to help with that. So, you bring in an outside peer support group to assist us with a walkthrough on that to help cope through those -- those times and that debrief involves everybody from the dispatcher to the -- to the fire personnel to the EMS personnel to the officers that are out on scene during that incident. So, it's just not law enforcement functions, it's all of the first responders. The building project that we were working on, the architect design for the scenario village is finally legal for the contract approval that's been -- we have been struggling with that a little bit with the vendor. As you know, we only had one vendor put in for that. That kind of echoes the problem that the fire department experiences, too, with building. The way the economy is there is not a lot of -- not a lot of vendors out there willing to bid stuff, so we struggle with that one and it's a small project in scale what they are doing, but we anticipate that to start moving. Once we get that agree -- agreement signed that will be about a four month process to get us some estimations on what it would look like to build a scenario village. So, that's kind of the timeline on Meridian City Council Meeting Agenda August 7, 2018 – Page 225 of 572 Meridian City Council July 24, 2018 Page 113 of 112 that at this point. And that pretty much covers what I had. Do you guys have any questions? De Weerd: Any questions for Lieutenant Leslie? Leslie: Thanks, guys. Item 11: Future Meeting Topics De Weerd: Okay. Item 11. Any future meeting topics? Just a reminder the Town Hall tomorrow at the Boys and Girls Club at 6:30. Concerts on Broadway, Saturday. It also starts at 6:30 with High Street -- High Street Party and the salmon barbecue on -- on August 3rd. So, with that -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Milam: Second. De Weerd: All those in favor? MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 11:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TNI Y DE WEERD DATE APPROVED ATTES : C. JAY OLES, CIW CLERK Go�110�QpRATED y�c�sT s o L w m jD1AN� City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 5 Project/File Number: Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Meetina Notes Hearing Date: 7/24/2018 Item Number: 5 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 6 Project/File Number: Item Title: Proclamation Meetina Notes The Office of the Mayor P R O C L A M A T I O N Whereas, the Meridian Youth Baseball 12-70 All Star Team recently won the 2018 Pacific Northwest Regional Tournament; and, Whereas, this victory earned them the prestigious privilege of competing in the 2018 Cal Ripken World Series, set for Aug. 3rd through the 11th; and, Whereas, it is the 3rd time Coach Whiles has taken his team to the World Series, which builds team spirit and allows these young athletes to walk onto the field with a little extra swagger; and, Whereas, the guidance of Team Manager and Coaches Whiles, Cammann, and Moriarty helped team members Torry Whiles, Tripp Russo, Jake Morrow, Kellen Kolka, Patrick Judge, Jack Barker, TJ Moriarty, Cooper Cammann, Collin Rogers, Garett Hobbs, Jake Holbrook, Carson Russell and Kayden Russell focus on work ethic, toughness, and desire, which transformed them into a winning team, with each player making valuable contributions; and, Whereas, participating in youth baseball gives young people a strong sense of character, teamwork and confidence – traits that will remain with them all through their lives both on the field and off the field, Therefore, I, Mayor Tammy de Weerd, do proclaim July 24th, 2018 as MYB All Star Champions Day in the City of Meridian and call upon the community to join me in congratulating this team on their remarkable athletic achievement and for representing Meridian so proudly in the recent World Series. Dated this 24th day of July, 2018 ________________________________ Mayor Tammy de Weerd Joe Borton, City Council President Luke Cavener, City Council Vice President Anne Little Roberts, City Council Genesis Milam, City Council Treg Bernt, City Council Ty Palmer, City Council\ City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7A Project/File Number: Item Title: Approve Minutes of July 10, 2018 City Council Workshop Meeting Meeting Notes 9 APPROVED Meridian City Council Workshop July 10, 2018 Page 63 of 62 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (6:07 p.m. to 8:46 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Milam: So moved. Borton: So moved. Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Milam: So moved. Borton: Second. De Weerd: All those in favor. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:47 P.M. (AUDI ILE OF THESE PROCEEDINGS) 7/ �)L// 6-') Yk MA OR DATE APPROVED ATTEST: -QORATEDAUG�s C. JA COLE) , ITY CLERK S fOAHO SEAL �,/ City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7B Project/File Number: Item Title: Gramercy Heights Subdivision No. 2 Sanitary Sewer and Water Main Easement Resubmittal Meetina Notes �✓i APPROVED IN A ivwk 1=01 Project Name GRAMERCY HEIGHTS NO 2 Sanitary newer & wate�Easement lYumbe Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-069203 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/25/2018 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich 2018-069440 BOISE IDAHO Pgs=8 NIKOLA OLSON 07/25/2018 02:05 PM CITY OF MERIDIAN, IDAHO NO FEE 3W M THIS Easement Agreement, made this 2.1 day of JUNE 2018 GRAMERY HEIGHTS —between QF—VEJ,0PA4FNT LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide asanitary 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water 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 GRANTOR covenants and agrees that Grantor 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 Sanitary Sewer and Water Main Easement REV. 03/26/2018 Project Name (Subdivision); GRAMERCY HEIGHTS NO 2 Sanitary Sewer & Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type: (See Instructions for additional information). -Re- -Rec.av-640 'Rav"ovz, pck9e-5 s s �v Ky'o I tr'CkJJ6, Paq es — -Ib a SANITARY SEWER AND WATER MAIN EASEMENT GRAMERY HEIGHTS THIS Easement Agreement, made this 21......- day of JUNE 3 2QI 8 between pFVE, ORM T LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ('Grantee"); WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 GRANTOR covenants and agrees that Grantor 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 Sanitary Sewer and Water Main Easement REV. 03/26/2018 'Page 22. purposes stated herein. THE GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ss County of Ada (Ke -1 10jo-'4'1X1e-r k(T ' ,cLc This record was acknowledged before me on JUNE 21, 2018 by v��,Vj (name of individual), [complete the following if signing in a repres tat c capacity, or strike the following if signing in an individual capacity] on behalf of 6 nu 4-t- Aji� tt,- (Jz- UUname of entity on beha f of whom record was executed), in the following representative capacity: Y (type of authority such as officer or trustee) (stamp) EDebbie A. Taylor Notary Public State of Idaho 2. 11 Sanitary Sewer and Water Main Easement Notary Signature My Commission Expires: l 70 2,3 REV. 03/26/2018 'Pay 5 CITY OF MERIDIAN STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on I - 2-4 - 1 (6 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Sanitary Sewer and Water Main Easement REV. 03/26/2018 DiT 3.9 960001 --OWP P - prM AMO 5. n-iw Ada Ibi -,d os to , a, J- Ag�t- Mr Gatto, Aftd:MOtO:p#& doom 3 t r 'h N 4,0 ., _n 'Witeri5ft ISFY 6tman the -norfte&d ' \10 -0904610' --' the; who -bp(4nda #JdN Thhee 2 wy of 0 -poll* ld t100 11 - fmm Which ft -00M Wt to A. 'flaw nodhWattody 6.", r 0 Ito WI -Alt* 1ha -100po.R41 -mar, thrill 11 diztA Oodbtfrityldshvi ,,qfA, pages 6i" 0 _R8 records jo§��Slhimmfn Birt A PW POO W �wdv the AM bD y N%Ion N 10- GrO --" 8 bd _%.J�44 feet � titer -op. to 150r1000 a.thy te:li "Old- - - - -Th6w*eity Said b'q k Y 40S413,11 $n"" �e *0 41stanue 16f I of $�04 I&A icy Of 4$wt-, OP4 -H'071dat-towo-O!" , -4 T hogeo N 150M0,41"W iA di S Irl !Of4-,Of*"- pd C><4 M N --o#-bfS, 421e -et- a paint;. T. 44 W., .,a (fistanwof 44.46 --ted to a poll onO btt dY B eigrt Adb 94sWC6bf'2§ ;2--2-/1 Aquara toot, (0,*062 g" tftn MO Of dmm" Meridian City Council Meeting Agonda February 20,-2,018 — Page, 195 of 601 PUT5 — C"OF : 131 mm )MMR EAS Too 2 _U .............. Ot ca IA Too 2 _U .............. Ot IA Legal Description Gramercy Heights Subdivision No. 2 — City of Meridian Sewer and Water Easement An easement located in the NE % of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at the northwest corner of the NE % of said Section 20 (N % Corner), from which the northeast corner of said NE % bears N 89°46'02" E a distance of 2656.88 feet; Thence N 89046'02 E along the northerly boundary of said NE '/ a distance of 1306.86 feet to a point; Thence leaving said northerly boundary S 0°13'58" E a distance of 45.00 feet to a point marking the northeasterly corner of Gramercy Subdivision No. 1 as shown in Book 99 of Plats on Pages 12619 thru 12622, records of Ada County, Idaho, said point also being the northwesterly corner of Bonito Subdivision, as shown in Book 85 of Plats on Pages 9783 thru 9788, records of Ada County, Idaho; Thence S 1 °42'39" W along the easterly boundary of said Gramercy Subdivision No. 1 and the westerly boundary of said Bonito Subdivision, as well as the easterly boundary of Accolade Subdivision No. 1 and the extension thereof as shown in Book 106 of Plats on Pages 14657 thru 14660, records of Ada County, Idaho, a distance of 2398.75 feet to the POINT OF BEGINNING; Thence continuing along the easterly boundary of said Gramercy Subdivision No. 1 S 1 °42'39" W a distance of 30.02 feet to a point, Thence leaving said boundary S 89054'13" W a distance of 148.99 feet to a point; Thence a distance of 43.14 feet along the arc of a 75.00 foot radius non -tangent curve left, said curve having a central angle of 32057'25" and a long chord bearing N 45004'03" E a distance of 42.55 feet to a point; Thence N 89054'13" E a distance of 119.77 feet to the POINT OF BEGINNING. This parcel contains 3944 square feet (0.091 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC �P LANp August 29, 2017 11118 N�L"l s <21r,4- o f ON W NP Gramercy Heights Subdivision No. 2 Land SurvWng and ConsulOng' poi) No. 17-33 GRAMERCY HEIGHTS SUBDIVISION NO.2' CITY OF MERIDIAN SEWER AND WATER EASEMENT CURVE TABLE CURVE If LENGTH RADIUS DELTA BEARING CHORD Ci 43:14' 75:00' 3257'25" ' N45'04'03'E 42,55` GRAMERCY HEIGHTS SUBDIVISION NO. 1 BK 109, PGS 15491 - 15493 111 17 BASIS OF BEARING N 89'46'02` E E. OVERLAND 114 �— 1306.86' 2 ACCOLADE SUBDIVISION NO. 1 BK 106, PGS 14657 - 14660 �f E. GRIFFON ST. N89'54'13"E 119.7, O' O CK) N, ci S89"5413 W 148.99 Z Z- o ®` gl m O N ca CaJ ® so 100 200 ipq f. f. 3 9 POINT OF BEGINNING 1:1118_ pN ELa:n 1utimons W. NP��' Land Surveying and Consulting 231 E. STH ST:, STE. A 91llf7(f VS n �f N89'54'13"E 119.7, — — __ _ E. COPPER POINT ST. N, ci S89"5413 W 148.99 Z Z- 21 O N ca CaJ v a aY m' U RM 2 THOUSAND SPRINGS SUBDIVISION NO. 5 BK 79, PGS 8534 - 8536 ® so 100 200 ipq f. f. 3 9 POINT OF BEGINNING 1:1118_ pN ELa:n 1utimons W. NP��' Land Surveying and Consulting 231 E. STH ST:, STE. A City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7C Project/File Number: Item Title: Oaks West Subdivision No. 1 NMID Master Pathways mem mt tee Meeting Notes C✓i APPROVED AGREEMENT 441 AGREEMENT, made and entered into this2—q day of �Ll,IQ 2018, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation distri anized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some ofthe District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FIVE MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 OaKs Wes+ suj&4- , ✓i sion no. i Nm P'0. exs pa Ihwcej Ea5Fmer4 Meridian City Council Meeting Agenda July 24, 2018 – Page 79 of 534 0a9 - PIED AUGUST, O� �� v o _ 01". of VRIDIANt- *"'-�' \Z� SEAL ) ATTEST: � �-k I Z"-� STATE OF IDAHO ) ss: County of Canyon ) THE CITY OF MERIDIAN On this 2-4 day of, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Clint . Pline and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this day of 2018, before me, the undersigned, allotary Public in and for said St to personally appeared and C ."� f✓(5 �+°`� ,known to me to be the i and respectively, of The CITY OF MERIDIAN, the entity that ex uted the foregoing instr ent and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 004, Notary Public for AOLCAJ Residing attm,Q11,(,CL C.� , aukailo My Commission Expires: -,9 P -20 ZZ AGREEMENT - Page 3 oaKs we --5v sub mo -I N Yn l D M C5ev- {`� WII J- s N, -e e -m e -n- - Meridian City Council Meeting Agenda July 24, 2018 – Page 81 of 534 A-1 Meridian City Council Meeting Agenda July 24, 2018 – Page 82 of 534 EXHIBIT A-1 Meridian City Council Meeting Agenda July 24, 2018 – Page 83 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 84 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 85 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 86 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 87 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 88 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7D Project/File Number: Item Title: Whistle Stop Subdivision Pedestrian Pathway Easement Meetina Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-069205 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/25/2018 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): WHISTLE STOP SUBDIVISION THIS, AGREEMENT, made this day of 20 1 P) , between Biltmore Company LLC hereinafter referred to as "Grantor", and the City of Men, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements -upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A!' and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements, THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become pail of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 2 o f 5 3 4 GRANTEE: CITY OF MERIDIAN Tammy STATE OF IDAHO, ) . ss. County of Ada ) IC � � 01Y of C��Vl E .DIAN!� IDAHO SEAL ,) This record was acknowledged before me on -1-2-4- (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Cleric, respectively. A�-i - ,,9 ; Notary Signature , My Commission Expires: '3 rrl 7 PUB •••9 TE OF 1�.. Pedestrian Pathway Easement REV. 03/26/18 Loh I svop , M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 4 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 5 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 6 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 7 o f 5 3 4 City Council Meeting Meeting ®ate: July 24, 2018 Agenda Item Number: 7E Project/File Number: Item Title: Whistle Stop Subdivision No. 2 Water and Sewer Easement #1 Meetina Notes rte✓ APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-069210 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/25/2018 10:36 AM CITY OF MERIDIAN, IDAHO NO FEE Proi ect Name (Subdivision): Whistle Stop Subdivision Sanitary Seiver & Water Main Easement Nurnbm one Identify this Easement by sequential number ifProject contains more than one easement of this type. (Sue Instructions for additional infonnation). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 2-41VI day of j��, � P) 20 between Biltmore CompanX ("Grantor"), and the City of Meridian, an Idaho Municipaleolporation ('Grantee"); WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 Stich repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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 Sanitary Sewer and Water Main Easement REV,- 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 0 0 o f 5 3 4 GRANTEE: CITY OF MERIDIAN Tammy dgrV'eerd, Mayor by C.JaKoles, City Cleric STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7 ! •2—(-) 1 late) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Cleric, respectively. see a Notary Signature Z2dtd//L' Jx,0z '1 My Commission Expires:�� ; QC's 3. Z C' , o • ••'• `A TE 01 1 •'• • Sanitary Sewer and Nater Main Easement REV. 03/26/2018 Wh151-1e Slop 44 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 0 2 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 0 3 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 0 4 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 0 5 o f 5 3 4 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7F Project/File Number: Item Title: Whistle Stop Subdivision No. 2 Water and Sewer Easement #2 Meeti n a Notes �✓ �PPRpVEII ADA COUNTY RECORDER Christopher D. Rich 2018-069208 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 07/25/2018 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Whistle Stop Subdivision Sanitary Seiver & Water Main Easement. Number: two Identify this Easement by sequential number ifProject contains more than one easement of this type. ( See instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this Lr' day of U.� between BiltmoreCompany ("Grantor"), and the City of Meridian, an Idaho Municipal orporation ("Grantee"); WHEREAS, the Grantor desires 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 constricted by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer 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 constriction 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 shalt not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shi ribs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Sanitary Sewer and Water Main Easement REV: 03/26/201-8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 0 8 o f 5 3 4 GRANTEE: CITY OF MERIDIAN D�QDRp1ECJ AUG�sr, _0 W01 or EER,1D1ANt-- .Tammy e ee ayorIDAHO s^ SEAL Atts by C.Jay les, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on I -N -1 ?) (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) C�i�^N JuL^-✓" "`� Notary Signature ,Qj o� My Commission Expires:" - AS ' ab a. 2nt Sanitary Sewer and Water Main Easement REV. 03/26/2018 WKS 6-1e 5�bo 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 1 0 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 1 1 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 1 2 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 1 3 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 1 4 o f 5 3 4 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7G Project/File Number: H-2018-0069 Item Title: Oberg Subdivision Final Plat for Oberg Subdivision (H-2018-0069) by DevCo Development, LLC, Located at 2855 N. Wingate Lane Meetina Notes Oberg Subdivision – FP H-2018-0069 1 STAFF REPORT MEETING DATE: July 24, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Oberg Subdivision– FP (H-2018-0069) I. APPLICATION SUMMARY The applicant, DevCo Development, LLC, has applied for a final plat (FP) consisting of 25 building lots and 5 common lots on 4.78 acres of land in the R-15 zoning district for Oberg Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Oberg Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0069 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0069, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0069 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 2855 N. Wingate Ln., in the NW ¼ of Section 5, Township 3N., Range 1E. B. Applicant: DevCo Development, LLC 4824 W. Fairview Ave. Boise, Idaho 83706 C. Owners: C4 Land, LLC 4824 W. Fairview Ave. Boise, ID 83706 Meridian City Council Meeting Agenda July 24, 2018 – Page 116 of 534 Oberg Subdivision – FP H-2018-0069 2 D. Representative: Laren Bailey, DevCo Development, LLC 4824 W. Fairview Ave. Boise, Idaho 83706 V. STAFF ANALYSIS The proposed final plat depicts 25 building lots for single-family residential attached and detached homes and 5 common lots on 4.79 acres of land in the R-15 zoning district. The minimum property size in this phase is 3,882 square feet (s.f.) with an average size of 4,943 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as required by UDC 11-6B-3D.2. The number of building lots and common area is the same. Therefore, Staff deems the final plat(s) to be in substantial compliance with the approved preliminary plat as required. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation, Development Agreement #2018-054660, and preliminary plat (H-2018-0012) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of approval of the preliminary plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Carl Porter, Sawtooth Land Surveying, LLC, shall be revised as follows: a. Note #2: “. . . of Meridian City Code unless otherwise modified by conditional use permit.” b. Note #11: Include the recorded instrument number (i.e. #2018-054660) c. Note #12: Include the recorded instrument number d. Depict which lots are proposed for attached units with a zero (0) setback on the shared lots lines. e. Graphically depict the 25-foot wide City of Meridian sanitary sewer easement described in Note #15 5. The landscape plan prepared by Jensen Belts Associates, dated 6/13/18, shall be revised as follows: a. Depict a minimum 5-foot wide landscape strip along each side of the multi-use pathway along the South Slough/Finch Lateral planted with a mix of trees, shrubs, lawn or other vegetative groundcover as set forth in UDC 11-3B-12C. A minimum of one tree is required per 100 linear feet of pathway. b. If fencing is desired along the south property boundary of Lot 8, Block 4, the common driveway lot (i.e. Lot 9, Block 4) shall be widened an additional 5 feet to accommodate a landscape strip in accord with UDC 11-6C-3D. 6. The common driveway proposed on Lot 9, Block 4 shall be constructed in accord with the standards listed in UDC 11-6C-3d. 7. Development of Lots 8 and 10-13, Block 4 shall comply with the common driveway exhibit in Exhibit E. 8. A perpetual ingress/egress easement shall be filed with the Ada County recorder for the common driveway, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of the recorded easement shall be submitted with the final plat for City Engineer signature. 9. Prior to signature on the final plat by the City Engineer, the owner/developer shall submit a copy of a recorded relinquishment for the subject properties’ access rights for Wingate Lane. Meridian City Council Meeting Agenda July 24, 2018 – Page 117 of 534 Oberg Subdivision – FP H-2018-0069 3 10. Design of homes constructed within the subdivision shall be generally consistent with the conceptual building elevations included in the development agreement. 11. A barrier shall be constructed at the end of E. Cougar Creek Street, N. Lapis Ave. and E. Kamay St. with a sign stating the street will be extended in the future. A vinyl fence with a gate shall be installed at the end of E. Kamay St. as agreed upon by the Applicant and Fire Dept., which will allow emergency access at the east boundary of the site while deterring public access to Wingate Lane and adjacent rural properties. 12. Submit a surety to ACHD (if required) for the cost of extending the sidewalk and street (E. Kamay St.) to the east boundary of the subdivision; these improvements shall be completed once Wingate Lane is vacated at some point in the future. 13. All single-family attached structures require submittal and approval of a Design Review application. Design of these structures shall comply with the standards in the Architectural Standards Manual. 14. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 15. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. 16. Prior to signature on the final plat by the City Engineer, all of the existing structu res on the site shall be removed. 17. All structures on the site are restricted to a single-story in height per the development agreement. 18. Water service to this development is proposed to be via the new mainline being installed as part of the Verado Subdivision. Therefore the serviceability of this development shall be contingent upon the completion and acceptance of those mains. 19. Applicant shall submit documentation of the relinquishment of the existing Idaho Power Easement crossing the southern side of the parcel prior to signature on the final plat by the City Engineer. 20. Applicant shall be required to extend sanitary sewer and water mainlines to their north boundary within the N. Lapis Avenue. 21. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda July 24, 2018 – Page 118 of 534 Oberg Subdivision – FP H-2018-0069 4 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Meridian City Council Meeting Agenda July 24, 2018 – Page 119 of 534 Oberg Subdivision – FP H-2018-0069 5 Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9 - 1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 3/6/18) C. Proposed Final Plat (dated: 6/14/18) D. Proposed Landscape Plan (dated: 6/13/18) E. Common Driveway Exhibit Meridian City Council Meeting Agenda July 24, 2018 – Page 120 of 534 Oberg Subdivision – FP H-2018-0069 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda July 24, 2018 – Page 121 of 534 Oberg Subdivision – FP H-2018-0069 7 Exhibit B – Preliminary Plat (dated: 3/6/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 122 of 534 Oberg Subdivision – FP H-2018-0069 8 Exhibit C – Proposed Final Plat (dated: 6/14/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 123 of 534 Oberg Subdivision – FP H-2018-0069 9 Exhibit D – Proposed Landscape Plan (dated: 6/13/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 124 of 534 Oberg Subdivision – FP H-2018-0069 10 Exhibit E: Common Driveway Exhibit Meridian City Council Meeting Agenda July 24, 2018 – Page 125 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7H Project/File Number: H-2018-0073 Item Title: Final Plat for Pine 43 Subdivision No. 1 (H-2018-0073) by Dan Torfin, C&O Development, Located North of E. Pine Ave. and East of N. Locust Grove Rd Meeting Notes Pine 43 Subdivision No. 1 – FP H-2018-0073 1 STAFF REPORT MEETING DATE: July 24, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pine 43 Subdivision No. 1 – FP (H-2018-0073) I. APPLICATION SUMMARY The applicant, Dan Torfin, C & O Development, has applied for a final plat (FP) consisting of 68 building lots and 5 common lots on 10.52 acres of land in the R-15 zoning district for the first phase of Pine 43 Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Pine 43 Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0073 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0073, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0073 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 north of E. Pine Ave. and east of N. Locust Grove Rd., in the NW ¼ of Section 8, Township 3N., Range 1E. B. Applicant: Dan Torfin, C & O Development 250 S. Beechwood Ave., Ste. 120 Boise, Idaho 83709 C. Owners: C & O Development 250 S. Beechwood Ave., Ste. 120 Boise, ID 83709 Meridian City Council Meeting Agenda July 24, 2018 – Page 127 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 2 D. Representative: Dan Torfin, C & O Development 250 S. Beechwood Ave., Ste. 120 Boise, Idaho 83709 V. STAFF ANALYSIS The proposed final plat depicts 68 building lots for single-family residential detached homes and 5 common lots on 10.52 acres of land in the R-15 zoning district. The minimum property size in this phase is 3,276 square feet (s.f.) with an average size of 3,755 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as required by UDC 11-6B-3D.2. The number of building lots and common area is the same. Therefore, Staff deems the final plat(s) to be in substantial compliance with the approved preliminary plat as required. Note: The Applicant states that they are in the process of getting ready to start work on the roundabout in Pine Ave., infrastructure is underway and includes pressurized irrigation. ACHD has approved their plans and they’ll be submitting a landscape plan to the City for review along with a sign permit application for the Pine 43 sign within the roundabout. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-07-006), Development Agreement (Inst. #108022893, amended Inst. #2018-000751), rezone and preliminary plat (H-2017-0058) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of approval of the preliminary plat in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Michael S. Byrns, J-U-B Engineers, Inc., dated 5/25/18 shall be revised as follows: a. Re-name “E. un-named Drive” per the street name approval letter b. Note #3: Correct the spelling of “City” c. Note #4: “. . . from the health authority and the City of Meridian.” d. Note #7: Populate the placeholders “some date” and “some depth” e. Note #9: Include recorded instrument number f. Note #10: Include recorded instrument number g. Note #11: Include recorded instrument number h. Note #12: Include recorded instrument number i. Easement note #4: Include recorded instrument number j. Easement note #5: Include recorded instrument number k. Easement note #6: Include recorded instrument number l. Reference Document note at the bottom of Sheet 6 – complete deed and easement information Meridian City Council Meeting Agenda July 24, 2018 – Page 128 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 3 5. The landscape plan prepared by Breckon Land Design, dated 6/20/18, is approved as submitted. 6. Design of homes constructed within the subdivision shall be generally consistent with the conceptual building elevations included in the development agreement. 7. Because the rear and/or sides of 2-story homes constructed on lots that abut E. State Ave., a collector street, will be highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the adjacent public street. Single-story structures are exempt from this requirement. 8. Pine Avenue and the roundabout shall be landscaped in accordance with the approved plan (yet to be submitted) prior to issuance of Certificate of Occupancy permits per the Development Agreement. 9. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, t he applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the o wner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file Meridian City Council Meeting Agenda July 24, 2018 – Page 129 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 4 an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non -life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may b e required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Meridian City Council Meeting Agenda July 24, 2018 – Page 130 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 5 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9 - 1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Preliminary Plat (dated: 8/28/17) C. Proposed Final Plat (dated: 5/25/18) D. Proposed Landscape Plan (dated: 6/20/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 131 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda July 24, 2018 – Page 132 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 7 Exhibit B – Preliminary Plat (dated: 8/28/17) Meridian City Council Meeting Agenda July 24, 2018 – Page 133 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 8 Exhibit C – Proposed Final Plat (dated: 5/25/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 134 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 9 Meridian City Council Meeting Agenda July 24, 2018 – Page 135 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 10 Meridian City Council Meeting Agenda July 24, 2018 – Page 136 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 11 Meridian City Council Meeting Agenda July 24, 2018 – Page 137 of 534 Pine 43 Subdivision No. 1 – FP H-2018-0073 12 Exhibit D – Proposed Landscape Plan (dated: 6/20/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 138 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 71 Project/File Number: H-2018-0070 Item Title: Rapid Creek No.1 Final Plat for Rapid Creek No.1 (H-2018-0070) by Trilogy Idaho Located near the SW corner of W. McMillan Rd. and N. Black Cat Rd. Meetina Notes Rapid Creek Subdivision No. 1 – FP H-2018-0070 1 STAFF REPORT MEETING DATE: July 24, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rapid Creek Subdivision No. 1 – FP (H-2018-0070) I. APPLICATION SUMMARY The applicant, Trilogy Idaho, has applied for final plat (FP) approval of 34 single-family building lots and 4 common lots on 9.19 acres of land in the R-8 zoning district for Rapid Creek Subdivision No. 1. II. STAFF RECOMMENDATION Staff recommends approval of the Rapid Creek Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0070 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0070, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0070 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 140 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 2 B. Applicant: Trilogy Development 9839 W. Cable Car Suite 100 Boise, ID 83709 C. Owner: Challenger Development 1977 Overland Road Meridian, ID 83642 D. Representative: Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. STAFF ANALYSIS The proposed final plat depicts 34 building lots and 4 common lots on 9.19 acres of land in the R-8 zoning district. The minimum property size in this phase is 4,370 square feet (s.f.) with an average size of 5,480 s.f. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2017-0117) as required by UDC 11-6B-3D.2. The number of building lots is the same as was approved in the preliminary plat; the amount of qualified open space is the same (2.98 acres total for the development and 2.7 acres for this phase). VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2017-0117) applications and development agreement (DA Inst. # 2018-052341) approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the preliminary plat approval (June 5, 2020) in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering, stamped on 5/9/2018 by Gregory G. Carter, shall be revised as follows: a. Note #12: Remove this; you have this covered with note #6. b. Note #13: Provide the recorded instrument number. c. Note #8: Include Development Agreement Inst. # 2018-052341. d. Note #9 and 10: Include the recorded instrument number. Meridian City Council Meeting Agenda July 24, 2018 – Page 141 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 3 5. The landscape plan prepared by Jensen Belts Associates, dated 6/20/2018, shall be revised as follows: a) Prior to signature on the final plat, the applicant shall provide details of the stormwater detention facilities located within Lot 1, Block 3 as required in UDC 11-3B-11. b) Prior to signature on the final plat, the applicant shall provide details of the proposed amenities. c) The development agreement for the subdivision requires a half basketball court as an amenity. The applicant shall revise the amenities package accordingly. 6. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to signature on the final plat, the applicant shall provide an exhibit indicating the setbacks, building envelope, and orientation of the lots and structures accessed by a common driveway. 9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 10. The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 11. This project does impact the regulated floodplain of Five Mile Creek. Applicant shall be required to conduct a hydraulic analysis to define the floodway, and obtain a floodplain development permit. 12. 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. 13. All excavations caused by demolition, removal of animal carcasses, grubbing of ditches or the existing ponds are to be backfilled with structural fill. 14. 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. 15. The applicant shall record the pedestrian pathway easement for Lot 1, Block 1 prior to signature on the final plat. 16. The rear and/or sides of structures that face N, Black Cat Road (Lots 2-6, Block 2 & Lots 2-6, Block 1) shall incorporate Articulation through changes in two or more of the following: (e.g. – projections, recesses, step-backs, pop-outs), 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 142 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 4 17. The applicant is is limited to 30 lots with a single access point. The applicant shall either reduce the number of lots for this ophase to 30 or provide an emergency access that meets the requirements of the fire code. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and exec ute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Meridian City Council Meeting Agenda July 24, 2018 – Page 143 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 5 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation d istrict or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round Meridian City Council Meeting Agenda July 24, 2018 – Page 144 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 6 source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Preliminary Plat (dated: 8/3/2017) C. Proposed Final Plat (dated: 5/9/2018) D. Proposed Landscape Plan (dated: 6/20/2018) Meridian City Council Meeting Agenda July 24, 2018 – Page 145 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda July 24, 2018 – Page 146 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 8 Exhibit B – Preliminary Plat (dated: 8/3/2017) Meridian City Council Meeting Agenda July 24, 2018 – Page 147 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 9 Exhibit C – Proposed Final Plat (dated: 5/9/2018) Meridian City Council Meeting Agenda July 24, 2018 – Page 148 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 10 Exhibit D – Proposed Landscape Plan (dated: 6/20/2018) Meridian City Council Meeting Agenda July 24, 2018 – Page 149 of 534 Rapid Creek Subdivision No. 1 – FP H-2018-0070 11 Meridian City Council Meeting Agenda July 24, 2018 – Page 150 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7J Project/File Number: Item Title: Resolution No. 18-2089: Resolution No. 18-2089: A Resolution Declaring the Intent of the City of Meridian to Exchange Approximately 1,640 Square Feet of City Owned Real Property for Approximately 1,958 Square Feet of Real Property Owned by Woodside Harris, LLC at Meridian's Water Well Lot Number 28. Meetina Notes G✓ APPROVES CITY OF MERIDIAN RESOLUTION NO. Ie) -2089 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO EXCHANGE APPROXIMATELY 1,640 SQUARE FEET OF CITY -OWNED REAL PROPERTY FOR APPROXIMATELY 1,958 SQUARE FEET OF REAL PROPERTY OWNED BY WOODSIDE HARRIS LLC AT MERIDIAN'S WATER WELL LOT NUMBER 28 BEING A PORTION OF LOTS 16 AND 24, BLOCK 1 OF BLACKROCK SUBDIVISION NO. 1 AS SHOWN IN BOOK 96 OF PLATS ON PAGES 12003 THRU 12008, RECORDS OF ADA COUNTY, IDAHO, AND BEING LOCATED IN THE E %, OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may do all things necessary to exchange the city -owned property for real property of equal value pursuant to terms which shall be a matter of public record, pursuant to the procedure set forth in Idaho Code Section 50-1403; and, WHEREAS, the City of Meridian Department of Community Development has tentatively approved an application for a Property Boundary Adjustment; and, WHEREAS, the proposed Property Boundary Adjustment will increase the usable size of the City's well lot; and, WHEREAS, Woodside Harris, LLC has requested that the City Council of the City of Meridian set a hearing to consider the exchange of real property as described herein; and, WHEREAS, following this declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE I of 6 Section 1. That it is hereby declared that the City of Meridian intends to exchange its real property as legally described in the attached Exhibit A-1 for certain real property owned by Woodside Harris, LLC as legally described in Exhibit A-2. The proposed exchange is depicted in the attached Exhibit B. Section 2. That the City Clerk is hereby instructed to publish a summary for this declaration of intent, and establish a public hearing date to review the proposal to convey the real property in the form set forth in Exhibit C. Section 3. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this 24'x' day of July, APPROVED by the Mayor of the City of Meridian, Idaho, this 24"' day of July, 2018. Mayor Tm y de Weerd ATTEST: 1?0 gEOAUC GO�GS i By: Cifyof w C y Coles, ClerkIDIgN Z �A110 SEAL / TRE RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY -PAGE 2 of 6 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 3 OF 6 EXHIBIT A-1 Legal Description Legal Description Legal Description Legal Description City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼ of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet; Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, Idaho; Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a distance of 13.46 feet to a point; Thence leaving said prolongation N 89°40’11” W along the southerly boundary and prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07 feet to the POINT OF BEGINNING; Thence leaving said southerly boundary prolongation S 0°00’49” W a distance of 20.00 feet to a point marking the southerly angle point of the southerly boundary of said Parcel B; Thence N 89°40’11” W along said southerly boundary and the northerly right-of-way of E. Taconic Drive a distance of 82.00 feet to a point marking the southwest corner of said Parcel B and the southeasterly corner of Southern Highlands Subdivision No. 3 as shown in Book 111 of Plats on Pages 16149 thru 16153, records of Ada County, Idaho; Thence N 0°00’49” E along the westerly boundary of said Parcel B and the easterly boundary of said Southern Highlands Subdivision No. 3 a distance of 20.00 feet to a point; Thence leaving said westerly boundary S 89°40’11” E a distance of 82.00 feet to the POINT OF BEGINNING. This parcel contains 1,640 square feet (0.038 acres) and is subject to any easements existing or in use. Meridian City Council Meeting Agenda July 24, 2018 – Page 154 of 534 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 4 OF 6 EXHIBIT A-2 Legal Description Legal Description Legal Description Legal Description Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian -- -- Exchange Parcel Exchange Parcel Exchange Parcel Exchange Parcel A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼ of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet; Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, the POINT OF BEGINNING; Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a distance of 13.46 feet to a point; Thence leaving said prolongation N 89°40’11” W along the southerly boundary and prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07 feet to a point; Thence leaving said southerly boundary prolongation N 0°00’49” E a distance of 12.63 feet to a point marking the northerly angle point of the southerly boundary of said Parcel B; Thence S 89°59’15” E along said southerly boundary a distance of 150.06 feet to the POINT OF BEGINNING. This parcel contains 1,958 square feet (0.045 acres) and is subject to any easements existing or in use. Meridian City Council Meeting Agenda July 24, 2018 – Page 155 of 534 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 5 OF 6 EXHIBIT B Meridian City Council Meeting Agenda July 24, 2018 – Page 156 of 534 EXHIBIT C SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 24th day of July, 2018, the City Council of the City of Meridian approved Resolution No. 18-2099 declaring the intent of the City to exchange approximately 1,640 square feet of city -owned real property for approximately 1,958 square feet of adjacent real property owned by Woodside Harris, LLC. The parcels in question are a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E'/2 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The purpose of the proposed exchange is to add usable area to the City's well lot established at that location. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, August 21st, 2018 for the purpose of considering and approving the proposed real property exchange. For further information, please contact the City Clerks Office at 888-4433. Publish: 3rd day of August, 2018 C.JAY COLES, CITY CLERK RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 6 of 6 City Council Meeting Meeting ®ate: July 24, 2018 Agenda Item Number: 7K Project/File Number: Item Title: Memorandum Of Agreement For Contribution Not -to -Exceed $600 To Close Out Of Idaho Avenue Project Meetina Notes C✓i APPROVED MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 1 OF 5 MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CLOSE OUT OF IDAHO AVENUE PROJECT This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CLOSEOUT OF IDAHO AVENUE PROJECT (“Agreement”) is made this 25th day of July, 2018 (“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”) and the Meridian Downtown Business Association, an Idaho Non-profit Corporation (“MDBA”) Each Party may be referred to as “Party” and all Parties may be referred to as “Parties” herein. WHEREAS, City, MDC and MDBA desire to promote economic activity in the downtown area; WHEREAS, the MDC, MDBA and the City previously cooperated on an initial trial period of certain improvements to Idaho Avenue and those improvements have been removed and there is a need to closeout aspects of those improvements including re-striping for parking along Idaho Avenue; WHEREAS, the re-striping of parking along Idaho Avenue will be beneficial to the Parties and the businesses and public that use Idaho Avenue; WHEREAS, MDC was able to procure the close out work at the most reasonable cost; WHEREAS, the Parties desire to contribute funds to MDC and share the cost of closing out the Idaho Avenue improvements and re-striping as set forth in this Agreement with the MDBA contributing $1000 and the City and MDC contributing up to $600 each; 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. MDC’S RESPONSIBILITIES . A. Procure Close Out and Re-striping Services. MDC will utilize its existing consultants and service providers to perform the close and re-striping work for Idaho Avenue as described in Exhibit A. B. Invoice City and MDBA. By August 15, 2018 MDC shall provide an invoice to MDBA in the amount of one thousand dollars ($1000.00). The remaining costs of the work shall be divided equally between MDC and the City. By August 15, 2018 MDC shall provide City with an invoice in an amount not to exceed six hundred dollars ($600.00). MDC shall use such amounts for the payment of expenses pertaining to the work related to the close out of the Idaho Avenue Improvements as described in Exhibit A. II. CITY AND MDBA RESPONSIBILITIES . A. Payment. Within thirty (30) days of receipt of MDC’s invoice, City shall provide payment Meridian City Council Meeting Agenda July 24, 2018 – Page 159 of 534 MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 2 OF 5 to MDC in the amount noted on the invoice which shall not exceed six hundred dollars ($600.00). Within thirty (30) days of receipt of MDC’s invoice, MDBA shall provide payment to MDC in the amount of one thousand dollars ($1000.00). B. Appropriation. Notwithstanding anything in this Agreement to the contrary, City’s obligations under this Agreement to provide payment to MDC as described herein shall be subject to and dependent upon appropriations being made by the City for such purpose. III. GENERAL TERMS . 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 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 C/O Borton-Lakey Law Offices 33 E. Broadway Avenue 141 E. Carlton Ave. Meridian ID 83642 Meridian ID 83642 MDBA: Nick Grove Meridian Downtown Business Association P.O. Box 1393 Meridian, ID 83642 Any 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 the Parties hereto. D. Termination. Any Party may terminate their involvement in this Agreement in whole, or in part, due to convenience, nonappropriation, or when any or all Parties agree that the continuation of the project is not in the Parties’ best interest, by providing thirty (30) days written notice. E. Hold harmless. For purposes of or in furtherance of this Agreement, each Party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other Parties from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by the Parties or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. Meridian City Council Meeting Agenda July 24, 2018 – Page 160 of 534 F. Severability, ll'any hart of this Agreement is held to be invalid or unenforceable, such holding will not aflect the validity or ent6rceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or uncidbi-ceability 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 unenfinrceable provision were omitted. C;. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising; hereunder shall be in the Fourth Judicial District, Ada County, State of ldaho. IN WITNESS NVIIF.REOF, the Parties hereto have executed this Agreement which shall be effective on this 25th day of July 2018. MERIDIAN DEVELOPMENT CORPORATION: Attest I3v: Dave \Vinder, Chairman Steve V issek, Secretary CITY OF MERIDIAN: ,ZED AUGUST Attest: P � C IDIAN Tammv de V erd, MayorF-1� �oANO . J y oles, t Clerk SEAL ' °1t/1e TREr_ MERIDIAN DOWNTOWN BUSINESS SOCIATION: Nick Grove, President MFMORANDUM OF AGREFMFNT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 3 OF 5 t)o A\,P- MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 4 OF 5 EXHIBIT A Meridian City Council Meeting Agenda July 24, 2018 – Page 162 of 534 MEMORANDUM OF AGREEMENT FOR DOWNTOWN EVENT CONTRIBUTION PAGE 5 OF 5 Meridian City Council Meeting Agenda July 24, 2018 – Page 163 of 534 City Council Meeting Meeting ®ate: July 24, 2018 Agenda Item Number: 7L Project/File Number: Item Title: Residential Real Property Purchase and Sale Agreement at 615 NW 3rd Street, Meridian Idaho for $80,000 Regarding Rail -With -Trail Pathway Connection Meetina Notes Ls�[ APPROVED M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 6 5 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 6 6 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 6 7 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 6 8 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 6 9 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 7 0 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 7 1 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 7 2 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 1 7 3 o f 5 3 4 29. Incorporation of Recitals. All Recitals to this Agreement are fully incorporated into the terns of this Agreement. 30. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above. SELLER: 7%1�e j � L' ,, '�z 's� N'&� - Mary Le Sturm t�j 7s--c1c) 1 SELLER: Charles Ray Kellogg Tarf nn , de Weerd PURCHASE AND SALE AGREEMENT -10 IAN City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7M Project/File Number: Item Title: IPDES Permit Required Methylmercury Fish Tissue Sampling Program Agreement Not -to -Exceed $18,360 Meetina Notes 9 APPROHO Page 1 of 2 Mayor Tammy de Weerd City Council Members: Joe Borton Treg Bernt Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer Public Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Travis Kissire Wastewater Superintendent DATE: July 12, 2018 SUBJECT: IPDES Permit Required Methylmercury Fish Tissue Sampling Program Agreement I. RECOMMENDED ACTION A. Move to: Approve the Mayor to sign an agreement to join and participate in the City of Boise’s established Fish Tissue monitoring program. II. DEPARTMENT CONTACT PERSONS Travis Kissire, Wastewater Superintendent 880-2166 Laurelei McVey, Deputy Director Utility Operations 850-1956 III. DESCRIPTION A. Background Development of or joining an established Methylmercury Fish Tissue Sampling Program is a requirement of the City WRRF’s 2017 IPDES permit (section I.G). B. Options The City may satisfy the permit requirements of the Methylmercury Fish Tissue Monitoring program by either: 1. Arranging to participate in a cooperative effort with other IPDES permitted facilities, or 2. The City may develop, submit, and conduct an individual Methylmercury Monitoring Plan to the EPA and IDEQ. The City of Boise Public Works Department has an established methylmercury fish tissue sampling program and welcomes outside participation. Other IPDES regulated entities in the region are participating in the City of Boise program, including the City of Nampa, City of Caldwell, and Star Water and Sewer. Meridian City Council Meeting Agenda July 24, 2018 – Page 176 of 534 Page 2 of 2 Participation in the City of Boise’s program will result in significant fiscal savings to the City of Meridian by avoiding the need to establish a complex and extensive individual program to recreate the efforts already undertaken by the City of Boise. The City of Boise spent approximately $37,000 in consulting fees to develop the initial plan. The City of Boise spends tens of thousands of dollars per year with the USGS on contracted services to perform the required sampling and testing. If the City of Meridian elected to create an individual program rather than joining the established cooperative program, it would require significant investment of staff time as well as significant expense, both upfront and ongoing, to the City including outside consulting services, contracted laboratory services, equipment, and the possibility of additional FTE resources. IV. IMPACT A. Strategic Impact: This agreement is in line with the Public Works Department’s objectives for IPDES Permit Compliance. B. Fiscal Impact: The cost to participate in the City of Boise’s program is $4,590 per year. The price to participate is based on the most recent census data for the City of Meridian’s population. The City will be invoiced each September. The City’s Legal Department has reviewed this agreement. This option represents the best value to the City to meet IPDES permit compliance. VI. TIME CONSTRAINTS If participation the City of Boise’s program is desired, the City of Meridian must express interest to the City of Boise by July 31, 2018. VII. LIST OF ATTACHMENTS A. Fish Tissue Program Agreement Meridian City Council Meeting Agenda July 24, 2018 – Page 177 of 534 AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE CITY OF BOISE FOR PARTICIPATION IN WATERSHED BASED MERCURY FISH TISSUE MONITORING PROGRAM This Agreement (hereinafter "Agreement") is made and entered into this NJA day ofU� , 2018, by and between the CITY OF MERIDIAN, hereinafter "MERIDIAN", and the CITY OF BOISE CITY, hereinafter "BOISE", for the purpose of participating in a watershed based mercury fish tissue sampling program as required in National Pollutant Discharge Elimination System (NPDES) permits issued respectively to MERIDIAN and BOISE. WITNESSETH WHEREAS, BOISE and MERIDIAN have NPDES permits that require participation in a watershed based mercury fish tissue sampling program; and WHEREAS, BOISE has contracted with the United States Geological Survey (USGS) to develop and implement a six-year fish tissue sampling plan that satisfies NPDES requirements; and WHEREAS, Region 10 of the Environmental Protection Agency (EPA) and the Idaho Department of Environmental Quality (IDEA) have reviewed and approved BOISE's watershed based mercury fish tissue sampling program; and WHEREAS, MERIDIAN desires to participate with BOISE in the watershed based mercury fish tissue sampling program. NOW THEREFORE, in consideration of the premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: L Sampling Program BOISE shall enter into and manage a contract with the USGS to develop and implement a watershed based mercury fish tissue sampling program designed to satisfy certain NPDES permit requirements contained in both MERIDIAN and BOISE's NPDES permits. The Program shall be for a period of four (4) years beginning October 2018. 2 Program Costs and Participation I:\PWA\Subjects\Purchasing\Meridian Agreement\Meridian fish tissue2 rvsl.docx a. MERIDIAN agrees to pay Boise four thousand five hundred and ninety dollars ($4,590) per year to participate in the sampling program. b. This amount represents $0.048 per person based on the 2017 US Census Bureau population estimate for MERIDIAN based on current estimates of annual program cost. This amount addresses the wastewater and stormwater contributions of mercury to the watershed and is meant to cover MERIDIAN'S proportionate share of program development and implementation costs based on current program estimates and continued availability of supplemental USGS funding. The parties agree to review available cost data each year to determine if additional funding from MERIDIAN is required. c. BOISE will invoice MERIDIAN in October of each year Agreement of MERIDIAN’S program participation costs, beginning in October 2018. 3. Reports. BOISE shall provide MERIDIAN with an annual report ("Report”) indicating the results of the prior year watershed based mercury fish tissue sampling results no later than March 31 of each year. The Report will include, at a minimum, the nine elements required in the Watershed Based Mercury Fish Tissue Sampling Program reporting requirements contained in the MERIDIAN AND BOISE NPDES permits. BOISE will provide the Report to EPA, IDEQ and the Idaho Fish Consumption Advisory Program. 4. Term of Agreement. This Agreement shall be effective once both Parties have executed the Agreement and shall terminate on September 30, 2022. 5. Termination of Agreement/Nonappropriation. Nothing in this paragraph or elsewhere in this Agreement shall be deemed in any way to obligate MERIDIAN or BOISE beyond its respective current fiscal year. If during the term of this Agreement MERIDIAN or BOISE fail to specifically appropriate sufficient funds to proceed with the watershed based mercury fish tissue sampling program, this Agreement shall terminate as of the end of the fiscal year for which funds had been appropriated. 6. Amendments. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and may be amended only by written instrument signed by MERIDIAN and BOISE. I:\PWA\Subjects\Purchasing\Meridian Agreement\Meridian fish tissue2 rvs1.docx 2 Meridian City Council Meeting Agenda July 24, 2018 – Page 179 of 534 7. Authority to Execute. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. 8. Notice. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. CITY OF MERIDIAN: Travis Kissire Wastewater Superintendent City of Meridian 3401 N Ten Mile Rd Meridian Idaho 83646 (208)888-2191 x1256 tkissire@meridiancity.org CITY OF BOISE: Kate Harris Water Quality Environmental Manager City of Boise Public Works 150 N Capitol Blvd Boise Idaho 83701 208-608-7178 kharris@cityofboise.org 9. No Partnership or Joint Venture: a. Nothing contained in this Agreement shall be deemed or construed as creating an employer/employee relationship between the Parties, a partnership or joint venture between or among the I:\PWA\Subjects\Purchasing\Meridian Agreement\Meridian fish tissue2 rvs1.docx 3 Meridian City Council Meeting Agenda July 24, 2018 – Page 180 of 534 Parties, or with any other party, or cause any Party to be responsible in any way for the obligations of any other Party or non- party. b. Each of the Parties shall be responsible for its own negligent errors and omissions and those of its officers, agents, employees, and contractors provided, however,that nothing contained herein shall extend the liability of any Party beyond that provided by the governing law. 10. Binding Affect: This Agreement shall inure to and bind the successors, assigns, agents, and representatives of the Parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year herein first written. CITY OF MERIDIAN May Attest: By: CITY OF BQI:S. mayor Attest: BY: B,hg City Clerk Lyn8d Lowry el" EaAClG�� O 0 o City of IDIAN IDAHO SEAL v J �ofthe TRPS I:\PWA\Subjects\Purchasing\Meridian Agreement\Meridian fish tissue2 rvsl.docx 91 City Council Meeting Meeting ®ate: July 24, 2018 Agenda Item Number: 7N Project/File Number: Item Title: Advanced Metering Infrastructure (AMI) Agreement between City of Meridian and Sensus USA, Inc. Meetina Notes @i AFFROU-0 sr=n '" us Advanced Metering Infrastructure (AMI) Agreement between City of Meridian ("Customer") and Sensus USA Inc. ("Sensus") IN WITNESS WHEREOF, the parties have caused this AMI Agreement ("Agreement) to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective Date and continue for/until: 5 Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years ("Renewal Term'). The "Term" shall refer to both the Initial Term and the Renewal Term. This Agreement contains two parts: Part (1) Is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC by Sensus on behalf of the Customer and Part (2) is a AMI Agreement between Sensus and Customer. Together, these two parts create the Agreement. It is acknowledged and agreed by the Parties that in the event of any conflict between this Agreement and the May 22, 2018 Professional Services Agreement For Monitoring And Data Collection entered into by Customer and Sensus ("May 22, 2018 Agreement"), the provisions of the May 22, 2018 Agreement shall prevail. Sensus USA Inc. By: Ti n Han ii;cr (Jul 18, 2018) Name: Tim Harriger Title: VP Sales NA Water Date: Jul 18, 2018 Cus ° r: City f Meridian By: Name: r° G !� �''l `l de wee Title: P6 6 Yo r Date: l / �G/ / X6 Contents of this Agreement: Part 1: Notification for Spectrum Manager Lease Part 2:AM1 Agreement Exhibit A Software Exhibit B Technical Support CONFIDENTIAL I Page 1 of 14 Meridian City Council Meeting Agenda July 24, 2018 – Page 184 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 185 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 186 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 187 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 188 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 189 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 190 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 191 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 192 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 193 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 194 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 195 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 196 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 197 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 70 Project/File Number: H-2018-004 Item Title: Lost Rapids Development Agreement for Lost Rapids (Costco Site) (H-2018- 004) by Costco Wholesale Corporation, located at the SW Corner of US 20/26-Chinden Blvd and Ten Mile Road. Meetinq Notes 9 APPROVED ADA COUNTY RECORDER Christopher D. Rich 2018-069276 BOISE IDAHO Pgs=88 LISA BATT 07/25/2018 11:10 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEN ENT PARTIES: 1. City of Meridian 2. Costco Wholesale Corporation, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2-LI'll day of ')11l , 2018, by and between City of Meridian, a municipal corporation of the State of Idah , hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Costeo Wholesale Corporation, a Washington corporation, whose address is 74 East 500 South, Ste. 200, Bountiful, Utah 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, comprising approximately 17.006 acres of land, described in Exhibit "A" (Costco Site), which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA 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 annexation and zoning of the Property, known as the Costco Site, with an C -G (General Retail and Service Commercial) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPA'n1NT AGREE\SENT— LOST RAPIDS (COSTCO SITE) (H-2018-0004) PAGE 101* 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 2 0 0 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 2 0 1 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 2 0 2 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 2 0 3 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 2 0 4 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 2 0 5 o f 5 3 4 it effective as hereinabove provided. OWNER/DEVELOPER: Costco Wholesale Corporation, a Washington corporation By: t'1 ItS: U i �� ft 5 J I �� I"ZL o't � �P C Y2 �-1 ✓til Da�TED Ali CITY OF t t ATTES sr (.i�' of w By: E IDIA Mayor Tam de Weerd C. ay Coles, i Clerk R Ivy. � IOAHO ` j , SEAL STATE OF Gq I � (uy- ) SS: R`,yl�Rolrne 7REI'•SJ��,�v County of V't l4 (b ) On this D day of 2018, before me, the undersigned, a Notary Public 'n and for said State, personally appeared Wiz. t , known or identi Pied to me to be the .Q v A55� .5 �_ �� izt,t �f Costco Whole) 1jt�t, a Washington corporation, and acknowledged to me that he executed the same on beralf of said Coz11, �P i`` oN�F M�°����z — k 'S �I ft R&, I have hereunto set my ]land and affixed my official seal the day and year in this certiTiCatE91. 111foVC wnitc4i j (SEAJ]s N '�, ODg��41, r�0 wt 2u �G ;Ah,s-29"2,-� t9 otaryubli {'orResiding at _��a III My Commission Expires: tltt��a� STATE OF IDAHO ) ss County of Ada ` f On this �� v, day of �JU( , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know orJdcntificd to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. p �, (" "b C-1, (SEAQ. •.�t F' � ••• Notary Public yfor Idaho 1`" -'9�•: Residing at: —trn Q.fl(L LL�IT� �•�~O� NR Y ` Commission expires: 6 2g 2'2Z ., •••.,� STATE �� .: DEVELOP. TIN11frAMEEMENT —LOST RAPIDS (COSTCO SITE) (H-2018-0004) PAGE 8 OF 8 Meridian City Council Meeting Agenda July 24, 2018 – Page 207 of 534 Meridian City Council Meeting Agenda July 24, 2018 – Page 208 of 534 CITY OF MERIDIAN T;;' FINDINGS OF FACT, CONCLUSIONS OF LAW IDIawl AN DECISION & ORDER "s A - In the Matter of the Request for Amendment to the Future Land Use Map Contained in the Comprehensive Plan to Change the Future Land Use Designation on 32.83 Acres of Land from the Medium Density Residential (16.33 acres) and the Mixed Use — Community (16.50 acres) Designations to Commercial; Annexation and Zoning of 78.33 Acres of Land with R-15 (39.01 acres), R-40 (6.50 acres), and C -G (32.83 acres) Zoning Districts; Preliminary Plat Consisting of One (1) Residential Building Lot, Thirteen (13) Commercial Building Lots, and One (1) Other Lot for Dedication of Right -of -Way on 36.2 Acres of Land in the Proposed R-40 and C -G Zoning Districts; and, Variance to UDC 11-311-413.2 which Prohibits New Approaches Directly Accessing a State Highway to Allow Two (2) New Accesses via US 20-26/W. Chinden Blvd., by GFI — Meridian Investments, LLC and Brighton Investments. Case No(s). H-2018-0004 For the City Council Hearing Date of. April 3, 2018 (Findings on April 24, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date ofApril 3, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018- 0004 - I - EXHIBIT B Meridian City Council Meeting Agenda July 24, 2018 – Page 209 of 534 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 April 3, 2018, 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 Comprehensive Plan Map Amendment, Annexation and Zoning, Preliminary Plat and Variance is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 3, 2018, 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 11-613-7A). 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 11-613- 713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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 1I - 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 67-651 IA. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 " 2 " Meridian City Council Meeting Agenda July 24, 2018 – Page 210 of 534 agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 3, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018- 0004 - 3 - Meridian City Council Meeting Agenda July 24, 2018 – Page 211 of 534 By action of the City Council at its regular meeting held on the day of 2018. ALA— COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) VOTED / e4 VOTED / (q VOTED VOTED Ya - VOTED \)G-4 VOTED — 1p z VOTED reSl 2n+ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: ` o` City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 Los+"RGL, cks 4 Meridian City Council Meeting Agenda July 24, 2018 – Page 212 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 1 STAFF REPORT Hearing Date: April 3, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Lost Rapids – CPAM, AZ, PP, VAR (H-2018-0004) Note: Since the staff report was originally issued for this project, the Applicants and Staff met prior to the Commission meeting to discuss the changes recommended by Staff to the conceptual development plan included in Exhibit B). Staff felt substantial changes were needed in order for the development to be consistent with the proposed MU-R FLUM designation. Without these changes, the proposed development plan was more consistent with the Commercial FLUM designation than the requested MU-R designation. The Applicant’s position was that they’d prefer to develop the site consistent with the proposed concept plan without significant changes. Therefore, both Staff and the Applicants agreed that a Commercial FLUM designation would be more appropriate for the eastern portion of the site where the commercial and multi-family residential uses are proposed (i.e. the preliminary plat area); and the remainder of the site would remain under the current MDR FLUM designation. The applicant submitted a letter to the City requesting this change. The Commission hearing and recommendation was based on the Applicant’s revised request. Staff has revised Section I and Exhibits A, B and D to reflect this change in accord with the Commission’s recommendation; however, staff did not revise the body of the report. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, GFI – Meridian Investments II, LLC and Brighton Investments, has submitted a joint application for the following: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on a combined 78.33 32.83 acres of land from the Medium Density Residential (61.83 16.33 acres) and the Mixed Use – Community (16.50 acres) to Mixed Use Regional Commercial. Annexation and zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts; Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots, and 1 other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts; and, Variance to UDC 11-3H-4B.2 which prohibits new approaches directly accessing a state highway to allow two (2) new accesses via US 20-26/W. Chinden Blvd. See Section IX of the staff report for more information. EXHIBIT A Meridian City Council Meeting Agenda April 24, 2018 – Page 349 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 213 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 2 II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ, and PP applications with the recommended changes to the conceptual development plan and conditions of approval noted in Exhibit B; and denial of the proposed VAR application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the Commission; City Council is the decision making body. The Meridian Planning & Zoning Commission heard these items on March 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and requests. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Brighton Corporation; Brian Whelan (site selector); Peter Kahn, Costco; Andy Daleiden, Principal Engineer, Kittelson & Associates; Don Petersik; Amy Cuhaclyan; Mike Dunlap; Roger Nielson; David Zaremba; Michael Morrette; David Turnbull; Trevor Gasser. ii. In opposition: Tom McNeil; Denise LaFever; Edward Simon; Robert Neufeld; David Reyes; Andrea Carroll (Attorney representing a group of residents in Bainbridge & Spurwing Subdivisions); Ken Marshall; Shelley Lupher; Jane Albert; Robert Friedlein; Sue Fillman; Bob Rock; Megan Rock; Kim Miles; Dirk Minatre; Jerry Stevenson; Terri Dawson; Sally Reynolds; Paige Winter; Kevin Dennison. iii. Commenting: None iv. Written testimony: Mike Wardle, Brighton Corporation; and many letters of testimony for and against) have been received – see project file for a complete record. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of a Costco in this location and opinion that they are a good neighbor and will provide great economic opportunities for the City and good paying jobs for area residents; ii. Negative impact of Costco on quality of life (i.e. noise created from delivery trucks, idling of engines at the fuel facility, hours of operation, increased density and intensity of land use) for area residents. iii. Concern related to traffic impacts from the proposed development and access restrictions from the state highway and already heavy traffic on SH-20/26; access constrained location with inadequate ingress/egress access points; unsafe pedestrian connections within the proposed development; lack of safe access for the Keith Bird Legacy Park. iv. Increased noise (i.e. roof top ventilation systems, power equipment used to maintain property, mechanical equipment, loading & unloading delivery trucks, back-up beepers, generators and refrigeration equipment) and air pollution from the site; excessive lighting generated from the site resulting in increased night sky light pollution; generation of hazardous material such as petroleum and contaminants from brake and tire wear which leads to runoff into groundwater; large impermeable surfaces of the parking lots; incompatible architecture of the industrial sized building and adjacent strip malls to the existing neighborhoods. v. Against proposed change to Comprehensive Plan Future Land Use Map from Medium Density Residential; vi. Positive impact to the local economy from having Costco locate here; will also generate business for other retailers/restaurants/services in the area; and will contribute to the balance and what is available for shopping and employment in Meridian. Meridian City Council Meeting Agenda April 24, 2018 – Page 350 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 214 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 3 vii. The provision of much needed infrastructure in this area with the approval of this development without having to wait for funding for these improvements (i.e. road widening, intersection improvements, etc.). viii. Opinion that this site isn’t a good fit for a Costco; preference for it to be located at the SH-16/Chinden intersection to the west instead of this property. c. Key Issues of Discussion by Commission: i. The Applicant’s request to change their request for an amendment to the future land use map from all Mixed Use – Regional to the eastern 32.83 acres of the site as Commercial and the remaining area staying Medium Density Residential as is currently; ii. The traffic impact from the proposed development on adjacent streets and SH-20/26; iii. Impact on quality of life for area residents; iv. The location of the fuel facility and staff’s recommendation for it to be shifted from the corner; v. Feeling that the size of buildings allowed in the current MU-C designation (i.e. 30,000 square feet) is a big jump to the proposed Commercial designation which has no size restrictions, which will allow the proposed 168,652 square foot building. d. Commission Change(s) to Staff Recommendation: i. Approved Staff’s recommended changes to the conditions of approval in Exhibit B as noted in the memo to Mayor & Council from Staff dated March 1, 2018. ii. Removed condition #1b which required the fuel facility to be shifted off the corner to the south. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on April 3, 2018. At the public hearing, the Council approved the subject CPAM, AZ, PP and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, Brighton Corporation and Andy Daleiden, Kittleson & Associates (Applicant’s Representatives); See meeting minutes for a complete list of those testifying in favor. ii. In opposition: See meeting minutes for a complete list of those testifying in opposition. iii. Commenting: See meeting minutes for a complete list of those commenting on this application. iv. Written testimony: Many letters of testimony (for and against) have been received – see project file in the public record for a complete list. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. See meeting minutes for a complete record of public testimony. c. Key Issues of Discussion by Council: i. See meeting minutes for a complete record of the Council’s discussion. ii. Key Council Changes to Commission Recommendation i. The Council did not approve the conceptual building elevations for Costco and required that a modification to the development agreement be processed in the future t o finalize approval of the conceptual design of the building. Meridian City Council Meeting Agenda April 24, 2018 – Page 351 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 215 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 4 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0004, as presented in the staff report for the hearing date of April 3, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0004, as presented during the hearing on April 3, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance .) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southwest corner of US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., in the NE ¼ of Section 27, Township 4N., Range 1W. Parcel No.’s: S0427110011, S0427110023, S0427141803, S0427120611, S0427120916 B. Owner(s): GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 D. Representative: Kelly Kehrer, KM Engineering, LLP 9233 W. State St. Boise, Idaho 83714 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the Comprehensive Plan Future Land Use Map, Annexation and Zoning, Preliminary Plat and a Variance. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the Variance, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 9, 2018 (Commission); March 16, 2018 (City Meridian City Council Meeting Agenda April 24, 2018 – Page 352 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 216 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 5 Council) C. Radius notices mailed to properties within 300 feet on: February 5, 2018 (Commission); March 12, 2018 (City Council) D. Applicant posted notice on site(s) on: February 14, 2018 (Commission); March 21, 2018 (City Council) E. Posted to Next Door: February 5, 2018 (Commission); March 9, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: US 20-26/W. Chinden Blvd. and single-family residential properties in Spurwing Orchard Subdivision and Westwing Estates, zoned R-4, R-8 and R-15 in the City and RUT in Ada County, respectively 2. East: Single-family residential properties in Irvine Subdivision and a rural residential parcel, zoned R-8 in the City and RUT in Ada County, respectively 3. South: Existing and future single-family residential properties in Bainbridge Subdivision and a church, zoned R-8 and L-O, respectively 4. West: Future single-family residential properties in Bainbridge Subdivision, zoned R-8 C. History of Previous Actions: In 2008, an amendment to the Comprehensive Plan Future Land Use Map was approved to change the land use designation on 14.57 acres of land at the northeast corner of the site from Medium Density Residential to Mixed Use - Community (Janicek – Ten Mile/Chinden, CPA-08-001). A conceptual development plan was submitted that showed how the property might develop in the future with a mix of retail [62,988 square feet (s.f.)], retail/office (11,412 s.f.), and multi-family residential (39 units) uses. However, because annexation and zoning was not requested, a development agreement was not required to tie future development to the conceptual development plan. D. Utilities: 1. Public Works: a. Location of sewer: The sanitary sewer main intended to provide service to the subject site currently exists in W. Lost Rapids Drive along the southern boundary. b. Location of water: Water mains intended to provide service to the subject site currently exist in N. Ten Mile Road and in W. Lost Rapids Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Harrell Lateral runs along the eastern portion of the southern boundary of this site and is piped. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. Meridian City Council Meeting Agenda April 24, 2018 – Page 353 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 217 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 6 VII. COMPREHENSIVE PLAN POLICIES AND GOALS CURRENT LAND USE DESIGNATION(S): Approximately 14.57 acres of the annexation area is designated on the Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 52 acres is designated Medium Density Residential (MDR). MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below Figure 3-3 in the Comprehensive Plan, pg. 27). Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre d.u./acre). Meridian City Council Meeting Agenda April 24, 2018 – Page 354 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 218 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 7 PROPOSED LAND USE DESIGNATION: The applicant proposes an amendment to the FLUM to change the land use designation on a combined 78.33 acres of land from the MDR (61.83 acres) and MU-C 16.50 acres) to the Mixed Use – Regional (MU-R) designation. MU-R: The purpose of the MU-R designation is to provide for 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 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 shown below. TRANSPORTATION: The subject property is located at the southwest corner of N. Ten Mile Road and US 20-26/W. Chinden Blvd. and is two miles east of US-16 and five miles north of Interstate 84 (I- 84). Ten Mile Road, between Chinden and I-84, is improved with two lanes between Chinden and W. Ustick Rd. and five lanes south of W. Ustick Rd. to I-84. A Traffic Impact Study (TIS) was prepared for this development and submitted to the Idaho Transportation Department (ITD) and Ada County Highway District (ACHD) for review. ITD is requiring US 20-26/W. Chinden Blvd. to be widened to 4 lanes between Tree Farm Way and Linder Rd. with a concrete median island; widening is to include construction west of Tree Farm Way to taper the pavement back to a 3-lane section; and installation of conduit with fiber optics the entire length of the widening. A signal is required to be installed at the Black Cat Rd./Chinden intersection in accord with ACHD requirements and should be interconnected with the signals at Tree Farm Way and SH-16. An additional eastbound and westbound thru lane is required as part of the overall US 20- 26/Chinden widening at the Ten Mile/Chinden intersection with the eastbound lane configuration on Chinden to include two thru lanes – one left and one dedicated right turn lane. An additional Meridian City Council Meeting Agenda April 24, 2018 – Page 355 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 219 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 8 westbound left turn lane is required with lane configurations on Chinden including one combined thru/right turn lane, one thru lane and two left turn lanes. A STARS agreement is in process for these improvements. The applicant has requested a variance from the City for the proposed accesses via US 20-26/W. Chinden Blvd as the UDC prohibits new accesses via the state highway. Staff is very concerned that these accesses will critically impact the mobility of the SH 20-26/Chinden transportation corridor long term if approved by City Council. No improvements or additional right-of-way (ROW) dedication are proposed or required by ACHD for the existing W. Lost Rapids Drive. A traffic signal at the Lost Rapids/Ten Mile intersection is proposed by the applicant. The applicant proposes to utilize the STAR agreement to widen Ten Mile Road to 5 lanes between Chinden Blvd. and Milano Drive to include bike lanes, planter strips and detached sidewalks, which will require the dedication of an additional 48 feet of ROW from the centerline of Ten Mile Rd. This will move up ACHD’s roadway widening project scheduled for 2022. Conceptual Development Plan: A concept plan (and narrative) was submitted that depicts/describes how this site is proposed to develop with a mix of commercial, retail and office uses and a fuel sales facility at the intersection of US 20-26/Chinden Blvd. and N. Ten Mile Road. A very large box store 168,652+/- square feet) is proposed for Costco Wholesale internal to the development to the south and west of the commercial, retail, office pads; multi-family residential is proposed to the south of the Costco site and west of the commercial pads along Ten Mile Rd.; and single-family attached and detached residential uses are proposed directly west of and abutting the commercial site. GOALS, OBJECTIVES, & ACTION ITEMS: 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) A variety of residential categories are proposed in this development consisting of single- family attached and detached homes, and townhome and garden style apartments. Staff is unaware how “affordable” the units will be. Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H) ACHD, ITD, and COMPASS have all been provided an opportunity to review and comment on the proposed application. ITD and ACHD have both held several additional meetings to review and discuss the proposed application. Agency staffs continue to discuss what appropriate” and “compatible” site design and traffic patterns entail. Staff recommends the Commission and Council consider any additional comments or conditions that are provided by ACHD, ITD or COMPASS. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed project would provide additional shopping opportunities for existing and future residents. However, staff is concerned that the concept plan does not provide any pedestrian connections between residential and commercial uses; therefore, staff Meridian City Council Meeting Agenda April 24, 2018 – Page 356 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 220 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 9 recommends pedestrian connections are provided. The proposed location is not within a current designated employment area. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no existing residential properties that abut this site; the closest residential properties are separated from the site by collector and arterial roadways and associated street buffers. The applicant’s narrative states that no deliveries will take place between the hours of 10:00 pm and 5:00 am; commercial truck deliveries will be restricted away from residential uses; and site lighting will be reduced within one hour of closing and lighting will be designed so that it is 0.0 foot candles at property lines. Note: Many letters of testimony have been received by the City from adjacent property owners in response to the proposed development. Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed Costco Wholesale store will provide grocery as well as other household products in close proximity to residential dwellings; however, the concept plan does not take into account any pedestrian or vehicular interconnectivity between the residential and commercial portions of the development. The plan should be revised to provide for interconnectivity between the uses. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) City Staff has been coordinating with both the applicant and the transportation agencies ACHD and ITD) on this project. The proposed project will preserve right-of-way for future US Highway 20/26 widening projects. The applicant is in the process of entering into a STAR agreement with ITD to make some off-site improvements to US 20/26. These improvements would widen the highway to 4-travel lanes and improve impacted intersections in conjunction with ITD’s project to widen the corridor from Eagle Road. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including one full access, and one access point to Ten Mile Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. Costco stores can be busy and congestion at facilities in both Boise and Nampa spill over onto adjacent roadways (none of which are State facilities). Traffic waiting to exit the site at the signal on Cole Road at the Boise facility backs up to the point of blocking vehicles from exiting parking stalls. This slows vehicles entering the site. Staff recommends that site access be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility. Support land uses that do not harm natural systems and resources.” (3.06.01H) The existing land is farmed and there are no natural systems which remain to be protected. Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous collectors at regular intervals around the north-south and east- west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible.” (3.03.03E) Meridian City Council Meeting Agenda April 24, 2018 – Page 357 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 221 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 10 Lost Rapids is an existing collector roadway that connects into Tree Farm Way to the north, across US 20-26/Chinden Blvd, and extends to the east across Ten Mile Rd into Lochsa Falls Subdivision. 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 pedestrian walkways depicted on the concept plan for interconnectivity between the commercial site and the residential portions of the site; the plan should be revised to include pedestrian access connectors. 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) There is only one existing farm access road which bisects the existing farm fields, half-way between Ten Mile Road and Lost Rapids Drive. There are no existing public access points on either the State facility or Ten Mile Road. The entire property has access from an improved collector roadway to the west and south of the site which may act and function as a backage road. Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (3.05.03A) The proposed concept plan does not depict any transitional areas other than landscaping to buffer the residential and commercial uses. The Costco building (and loading area), the most intense commercial use on the site, directly abuts the single-family residential portion of the site. The lower intensity commercial uses (i.e. office and retail pads) are proposed on the periphery of the development adjacent to US 20-26/Chinden Blvd. and N. Ten Mile Rd. instead of as a buffer between the residential and higher intense commercial use (see Exhibit A.3). Staff recommends the concept plan is revised to provide transitional areas as noted, specifically between the Costco building and single-family residential area. The high-density residential area as well as the street buffer and collector street (W. Lost Rapids Dr.) does buffer impacts from the Costco site on the adjacent future single-family residential properties to the south of Lost Rapids. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Public Works, Police, and Fire were all invited to pre-application and project review meetings for this project. Their comments and conditions, if provided, are included in Exhibit B of this report. Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) This area is planned for some commercial uses and the proposed site plan would expand resident and stakeholder access to closer commercial and retail opportunities. Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed Master Plan included in Exhibit A.3 depicts dense landscaping to buffer the abutting residential uses from the commercial uses. Meridian City Council Meeting Agenda April 24, 2018 – Page 358 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 222 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 11 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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) ACHD was provided with a traffic impact study and has included analysis in their report. The application was forwarded on to partner agencies and other City Departments for analysis of impacts to services; some of their comments are included in Exhibit B. Adopt land use designations that will allow for housing opportunities for all income levels. 3.07.01D) The adopted future land use designations allow for a variety of housing types that may be attractive to all income levels. The applicant is proposing to annex and zone portions of the site as R-15 (Medium-high Density Residential) and R-40 (High Density Residential).The proposed residential is within the specified area and range described in the Comprehensive Plan, but the overall concept plan lacks many of the mixed use elements necessary for it to be integrated successfully as a mixed use project. See the General Mixed Use text analysis below. Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040. This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.” Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) With the exception of Chinden Blvd (which is an ITD facility), the arterial and collector roadways shown on ACHD’s street map are already improved or scheduled for widening. Meridian City Council Meeting Agenda April 24, 2018 – Page 359 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 223 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 12 Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” (3.04.01G) The proposed project is surrounded by urban development and would be well served by the City. To ensure public infrastructure is adequate to serve the development and control the timing for said improvements, staff recommends that a development agreement be required with annexation of the project. Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria.” (3.01.01G) The proposed site plan indicates large landscape buffers and generally appealing architectural designs. Off-site impacts such as trucks and lighting are described or shown as being reduced, and the high density residential is on a major transportation corridor. However, it is unclear how the proposed site development furthers inclusive mixed use design elements, or how the proposed FLUM designation and site plan is better for the neighbors and City than a development with more neighborhood and community accessible services. Restrict private curb cuts and access points on collectors and arterial streets” (3.06.02D) The proposed concept plan and application requests one direct access via N. Ten Mile Road, an arterial street, located approximately half-way between W. Lost Rapids Dr., a collector street, and Chinden Blvd, a State highway and a mobility corridor. Another access is proposed via W. Lost Rapids Dr. along the southern boundary of the site. Local street access is not available for this site. Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) Future and existing residential areas are located on the backside of Costco, with the small- scale neighborhood serving type pad sites generally located furthest from existing and proposed neighborhoods. This layout is inconsistent with the intent of Mixed Use designation, Figure 3-5, and the purpose of backage and collector type roadways. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) The proposed high-density residential is near two parks (Keith Bird Legacy and Heroes’ Park) and a major access thoroughfare (US 20-26). Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed site plan would add to Meridian’s diversity of housing with medium and high density residential uses in close proximity to a major transportation corridor. Staff is unaware if the units will be owner occupied or rentals. Integrate land use and transportation planning to ensure that they mutually support the communities' goals and desires.” (7.01.01F) City and transportation agencies have met multiple times to discuss the subject project. With some changes to the proposal, staff believes the project could support the communities’ goals and desires. Meridian City Council Meeting Agenda April 24, 2018 – Page 360 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 224 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 13 Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) The applicant should coordinate with Valley Regional Transit to determine if an ADA bus stop is needed at this location. In reviewing development applications, the following items will be considered in all Mixed Use areas: (Staff’s analysis in italics) Residential densities should be a minimum of six dwellings/acre. A gross density of 5 to 8 units per acre is anticipated to develop in the R-15 area with 18 to 24 units per acre in the R-40 area. Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. A mix of mostly single-story attached and detached units are proposed to the west of the commercial area between the collector street (i.e. N. Tree Farm Way/W. Lost Rapids Dr.) and US 20-26/W. Chinden Blvd.; and 2-story townhome style and 3-story garden style apartments are proposed to the south of the commercial area adjacent to the collector street. While this project is adjacent to US 20-26, it is not an “employment center”; Costco is the only store with a regional draw to the development. An employment center in this general area is contemplated for the property located near the northwest corner of W. McMillan and N. Ten Mile Roads; a half-mile south of the proposed development. A conceptual site plan for the entire mixed-use area should be included in the application. A concept plan was submitted for the entire site with this application; however, the plan does not demonstrate consistency with development goals and objectives of the MU-R designation as submitted. Staff has included recommendations for revisions to the plan that would be consistent with the MU-R designation in Exhibit B as discussed below in Section IX. 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. The concept plan for the commercial area does not include any form of common area. Staff recommends the plan is revised to incorporate common usable area within the commercial portion of the development as noted. The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. There is no existing residential development directly adjacent to the commercial portion of the site. However, single-family and multi-family residential uses are proposed directly adjacent to the commercial portion of the development to the west and south. A dense landscape buffer with berms is depicted on the Master Plan between the uses and is required see Exhibit A.3). A mixed-use project should include at least three types of land uses [i.e. commercial includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed concept plan depicts a Costco, future commercial subdivision and two types of residential uses. The application narrative states office uses are part of the development plan Meridian City Council Meeting Agenda April 24, 2018 – Page 361 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 225 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 14 but does not specify which lots/pads will contain those uses. A mix of at least three types of land uses is required to be provided. Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. None of these types of uses are proposed within this development; however, several of these uses exist in close proximity to this site, as follows: a 7.5 acre City Park (Keith Bird) exists directly across the street (W. Lost Rapids Dr.) to the south; another City Park (Hero’s) exists to the southeast kitty corner to this site across Ten Mile Rd.; schools exists a ½ mile to the east at the southwest corner of Chinden Blvd. and N. Long Lake Way and on Everest Ln., east of Long Lake Way; a fire station exists approximately 2 miles to the south on Ten Mile Rd.; a church exists directly to the south at the southwest corner of Lost Rapids Dr. & Ten Mile Rd.; and an assisted living facility exists 1.5 mile to the east on Chinden Blvd. While these uses/facilities are near the site, they are not integrated into the proposed development as desired. All required open space and amenities are centralized within their respective developments (i.e. the single-family and multi-family portions) without any shared facilities nearer to or within the commercial area. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The concept plan does not depict any public and/or quasi-public spaces/places within this development. Staff recommends the plan is revised accordingly to include public and/or quasi-public spaces/places within the development. All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The overall site is separated from adjacent developments by public streets (i.e. US 20- 26/Chinden, N. Ten Mile Rd., and W. Lost Rapids Dr.) that will provide access to the development. There is no interconnectivity, vehicular or pedestrian, proposed between the single-family residential, multi-family residential and the commercial portions of the site. Staff recommends the plan is revised to include some form of interconnectivity between the residential and commercial portions of the site. Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is an existing collector street (W. Lost Rapids Dr.) that runs along the southern boundary of the site consistent with the Master Street Map; no other streets are depicted on the Map for this site. In reviewing development applications, the following items will be considered in MU-R areas: Development should generally comply with the general guidelines for development in all Mixed-Use areas. See analysis above. Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. The concept plan depicts 58% (45.5 acres) of the total project area with residential uses. Densities in the single-family portion of the development are anticipated to range from 5- to 8-units/acre with densities in the multi-family portion ranging from 18- to 24-units/acre. Retail commercial uses should comprise a maximum of 50% of the development area. Meridian City Council Meeting Agenda April 24, 2018 – Page 362 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 226 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 15 Retail, commercial and office uses are proposed to comprise 42% (or 32.83 acres) of the development area per the concept plan included in Exhibit A.3 and the applicant’s narrative; therefore, the retail portion alone will be under 50%. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment users. There are no clean industry or entertainment users proposed at this time; this provision is noted for the office uses. Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%) as provided for on Pg. 31 of the Comprehensive Plan. The concept plan does not include any public and/or quasi-public uses to support the development nor is it discussed in the applicant’s narrative. Staff recommends the plan is revised to include public/quasi-public uses as desired in mixed use and MU-R designated areas. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 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 (UDC 11-2A-1). 2. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-G district are of the largest scale and broadest mix of retail, office, service and light industrial uses and are usually located in close proximity and/or with access to interstate or arterial intersections. B. Schedule of Use: 1. UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed is prohibited. 2. UDC Table 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use not explicitly listed is prohibited. 3. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district; UDC Table 11-2A-8 for the R-40 zoning district; and 11-2B-3 for the C-G zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C. E. Off-Street Parking: NA (not required or reviewed with the subject application) Meridian City Council Meeting Agenda April 24, 2018 – Page 363 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 227 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 16 IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: NOTE: A LOT of public testimony has been received in response to this application; please see the public record. A. Comprehensive Plan Map Amendment (CPAM): (Applies to the overall site) An amendment to the Future Land Use Map contained in the Comprehensive Plan is proposed to change the land use designation on a combined 78.33 acres of land from the Medium Density Residential (MDR) (61.83 acres) and the Mixed Use – Community (MU-C) (16.50 acres) to Mixed Use – Regional (MU-R) is requested (see Section VII above and Exhibit A.2). While the property is proposed to be designated entirely MU-R, the concept plan shows two, if not three, distinct separate projects as follows: medium density residential in accord with the current FLUM on the western portion of the site; commercial on the northern portion of the site; and high density residential on the southern portion of the site. There is no pedestrian connectivity between any of these projects and only a driveway access is proposed along the east side of the multi-family project to/from the commercial property via the collector street (W. Lost Rapids Dr.). No integration is shown between the commercial and residential uses, which essentially creates a predominantly single-use development with Costco as the primary anchor with smaller commercial/office uses and separate residential areas, which is not the intent of the MU-R designation. The MU-R diagram in Section VII above depicts a big box retail store transitioning to high density residential or office uses, a local/collector street and then single-family residential uses. This provides a buffer spatially as well as use-wise between the higher intense commercial uses and medium density (single-family) residential uses. The proposed concept plan depicts the most intense commercial use (i.e. the 168,652 square foot Costco building) directly abutting single- family homes with only landscaping as a buffer, which is not a transition in uses and is not consistent with the MU-R designation. The fuel sales facility associated with Costco is proposed at the Chinden/Ten Mile intersection, an entryway corridor into the City, at the northeast corner of the development. Due to the lack of access in the corner of the development, Staff is concerned this will create traffic conflicts and congestion and possibly blockage of drive aisles in and out of the facility at this location. Additionally, staff would like to see a beautification effort in the form of a landscaped design/entryway feature at the corner of the site due to it being an entryway corridor into the City. Traffic circulation within the site as well as entering/exiting the site via Lost Rapids is also likely to be a problem. The driveway access via Lost Rapids leading to/from the commercial portion of the development is only 330’+/- from the centerline of the Ten Mile/Lost Rapids intersection, which will likely create conflicts with vehicles trying to merge into traffic on Lost Rapids with vehicles waiting to get onto Ten Mile at the future signal. The application does not clearly indicate why the City would be better served by an MU-R instead of an MU-C development in this area, other than that the size of the Costco building isn’t allowed in the MU-C designation; or why this project can’t be located within an area already designated MU-R such as closer to the SH-16/US 20-26 intersection. Although the application demonstrates that north Meridian (and all of northern Ada and Canyon counties) is “underserved” and distant from existing Costco sites in Nampa and Boise, it doesn’t explain how the community would be better served by a regional project than a community sized project as currently envisioned for this area. By proposing a Costco with unique traffic and circulation patterns on a smaller commercial portion of a mixed use designated site, connectivity and integration requirements are difficult. Meridian City Council Meeting Agenda April 24, 2018 – Page 364 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 228 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 17 To address the above-noted concerns, Staff recommends significant changes are made to the concept plan in order for the development to be consistent with the requested MU-R designation, as follows: Rearrange the site layout so that there is a transition in intensity of uses [e.g. single- family attached/detached residential to multi-family residential to commercial/retail/office to the most intense commercial (i.e. Costco)]. Most intense commercial uses should be located adjacent to the state highway (US 20-26/Chinden) and arterial street (Ten Mile), rather than abutting residential areas, especially low-density residential areas. Shift the fuel sales facility off the corner to the south near the driveway via Ten Mile Rd.; or, to the west near one of the driveways via US 20-26/Chinden Blvd. (if the driveway(s) are approved by Council and ITD). Include a landscaped design/entryway feature at the northeast corner of the site adjacent to the US 20-26/Ten Mile intersection for beautification purposes at the City’s entryway corridor. Shift the driveway access to/from the site via Lost Rapids further to the west away from the Ten Mile/Lost Rapids intersection to alleviate traffic congestion at the intersection. Integrate the commercial with the residential portions of the development through the provision of pathways and/or vehicular connections and changes to the site layout that may include re-positioning of buildings so that the rears of buildings aren’t facing abutting uses. In the commercial/office portion of the development, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. Include supportive and proportional public and/or quasi-public spaces and places as desired in MU-R designated areas (see Comprehensive Plan, page 28). Site access should be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility (i.e. US 20-26). A pedestrian circulation plan should be submitted demonstrating pedestrian interconnectivity within the overall site. Without these changes, staff is of the opinion the proposed development is more consistent with the Commercial (which includes multi-family residential) and existing Medium Density Residential designations than the proposed Mixed Use - Regional designation and should be designated accordingly (see Commercial in the Comprehensive Plan, pages 21-22 for more information). B. Annexation & Zoning (AZ): (Applies to the overall site) Annexation and zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C- G (32.83 acres) zoning districts is requested consistent with the proposed MU-R FLUM designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Conceptual Development Plan: The applicant has submitted a conceptual development plan, included in Exhibit A.3, which depicts a 168,652 square foot big box (Costco Wholesale) interior to the development; a fuel sales facility at the northeast corner of the site at the intersection of N. Meridian City Council Meeting Agenda April 24, 2018 – Page 365 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 229 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 18 Ten Mile Rd. and US 20-26/W. Chinden Blvd.); (10) future commercial, retail, restaurant, professional and office pads located at the northeast corner of the site adjacent to US 20-26/W. Chinden Blvd. and N. Ten Mile Rd.; (6) townhouse-style multi-family structures containing 49+/- units, (3) garden-style multi-family structures containing 60+/- units, and a clubhouse and swimming pool at the southeast boundary of the site adjacent to W. Lost Rapids Dr., south of the Costco site; and single-family attached and detached age-qualified units on the western portion of the site. Conceptual Building Elevations: Conceptual building elevations (photos and renderings) were submitted that depict the general style of development proposed for the single-family attached and detached, multi-family and commercial structures as shown in Exhibit A.7. Except for the Costco Wholesale building, the end-users in the commercial portion of the development are not known at this time; therefore, detailed building elevations will be submitted in the future as each building develops and be reviewed through the design review process. As noted above in Section VII, non-residential buildings should be proportional to and blend in with adjacent residential buildings; future building elevations submitted for design review should demonstrate compliance with this requirement. All structures, except single-family residential detached homes, are required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. To ensure compliance, a design Review application is required to be submitted to the Planning Division and approved prior to application for building permits. None of the proposed concept elevations are approved with this application. A Certificate of Zoning Compliance application is also required to be submitted and approved for all new uses on the site, except for single-family residential detached homes, to ensure the use and site design is consistent with UDC standards. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required with the annexation containing the provisions included in Exhibit B. Because there are to be two different property owners/developers for this site, staff recommends two separate DA’s are required that contain provisions for each portion of the development area. C. Preliminary Plat (PP): (Only applies to the C-G and R-40 zoned portion of the site – the single- family residential portion of the site is not proposed to be platted at this time.) NOTE: if the concept plan is revised per staff’s recommendation above, this will require modifications to the plat to coincide with the concept plan. The applicant proposes a preliminary plat consisting of (1) residential building lot, (13) commercial building lots, and (1) other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts. Although ultimate build-out of this project will be market-driven, the applicant intends to plat the subdivision in one phase. Commercial, retail and office uses are proposed to develop within the C-G zoned portion of the site adjacent to US 20-26/W. Chinden Blvd. and N. Ten Mile Road; housing within the R-40 zoned portion of the site adjacent to W. Lost Rapids Dr. is proposed to consist of townhome and garden style multi-family units with expected densities between 20 and 24 units per acre. Meridian City Council Meeting Agenda April 24, 2018 – Page 366 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 230 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 19 The applicant requests that they be allowed two (2) building permits for the construction of the Costco store and fuel sales facility prior to recordation of the subdivision plat. Staff is amenable to this request. Existing Structures: There are no existing structures on this site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11- 2A-8 for the R-40 zoning district. Staff has reviewed the proposed plat and finds that all of the proposed lots comply with the minimum standards. The maximum building height is 65 feet in the C-G district; and 60 feet in the R-40 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11- 3H-4. Access is proposed as discussed in Section VII above per the concept plan in Exhibit A.3. The UDC requires access to be taken from a local street when available; however, there is no local street access available to this site. One (1) access is proposed via N. Ten Mile Rd., an arterial street between Lost Rapids and Chinden Blvd.; two (2) accesses are proposed via US 20- 26/W. Chinden Blvd., a state highway; and two (2) accesses are proposed via Lost Rapids Dr., a collector street. New approaches directly accessing a state highway are prohibited; the applicant requests a variance to this standard (see analysis below in Section D). The applicant’s narrative states that primary service access for Costco delivery trucks and other local vendors will be from the driveway access via Ten Mile Road. A driveway via Lost Rapids Dr. is also available when access via the traffic signal at Ten Mile/Lost Rapids is needed. A self- imposed restriction is proposed by the applicant for a “no thru truck traffic” sign to be installed between the Tree Farm Way intersection and the Lost Rapids Dr. service driveway access. A cross-access/ingress-egress easement and driveways are required to be provided between all of the proposed lots in the subdivision and should be depicted on the plat. Improvements to US 20-26/Chinden Blvd. and Ten Mile Road are planned as follows: Phase 1: Chinden is to be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); Ten Mile widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals at Black Cat Rd. and Lost Rapids Dr. prior to Costco opening. Phase 2: Chinden widened to 4 lanes from Tree Farm to SH 16 (1.44 miles) within 2 years of Costco opening. In addition, Costco and the other commercial uses and residential units will pay impact fees in excess of $2 million to ACHD for local street system improvements. The street sections on Sheet C2.0 of the plat included in Exhibit A.4 depict Chinden widened to 4 travel lanes with 2 turn lanes within 140 feet of right-of-way; and N. Ten Mile Road widened to 5 lanes. Traffic Impact Study (TIS): A TIS was prepared for this development and submitted to ITD and ACHD for review with this application. Staff has not yet received comments from ACHD on this application. A letter was received from ITD in response to the TIS, included in Exhibit B.9. The letter states that the westernmost access via US 20-26 (1,160’ west of the US 20-26/Ten Mile intersection) will be allowed as a temporary right-in/right-out/left-in until such time as the highway is widened to 3 lanes in the eastbound direction, then, if not before, it will be limited to right-in/right-out; a 550’ long deceleration lane will be required. The driveway nearest the intersection (545’ east of the previous access and 615’ west of the intersection) will be allowed as a right-in/right-out; a 550’ long deceleration lane (including taper) is required, however, due to Meridian City Council Meeting Agenda April 24, 2018 – Page 367 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 231 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 20 the distance restriction between accesses, ITD may allow for a 10% decrease of the standard requirement. Landscaping: Landscaping is required to be provided with development in accord with the standards listed in UDC 11-3B. Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along both US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., both entryway corridors; and a 20- foot wide street buffer is required along W. Lost Rapids Dr., a collector street. Staff recommends the entire street buffer and pathway/sidewalk along N. Ten Mile Road and SH 20-26/W. Chinden Blvd. for the subdivision is constructed with the first phase of development. All commercial street buffers are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners’ association. All residential street buffers are required to be on a common lot maintained by a homeowner’s association. A 25-foot wide buffer to residential uses is required to be provided with development on the C-G zoned portion of the site in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts a buffer with dense landscaping between the commercial and residential portions of the site. The buffers should facilitate pedestrian access from the residential to the commercial development in accord with UDC 11-3B-9C.3. Parking lot landscaping will be required internally within the site in accord with the standards listed in UDC 11-3B-8C with development. Note: Landscaping associated with internal parking areas and residential common areas will be reviewed with future subdivision, Conditional Use Permit and/or Certificate of Zoning Compliance applications; these areas should be shown on the plan in a lighter line type. Open Space & Site Amenities: Qualified open space and site amenities are required to be provided in the multi-family (R-40 zoned) portion of the development (Lot 1, Block 1) in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C & D. A conditional use permit is required to be submitted for approval of the multi-family development in the R-40 district; compliance with these standards will be evaluated at that time. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along N. Ten Mile Rd. & US 20-26/W. Chinden Blvd., both arterial streets; and along W. Lost Rapids Dr., a collector Street. Pathways: The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway to be constructed in a public use easement within the street buffer along the frontage of this site on US 20-26/W. Chinden Blvd. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager 208-888-3579), regarding specifications for the pathway and the public use easement; the easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. The pathway along US 20-26/W. Chinden Blvd. satisfies the requirement for a detached sidewalk. Waterways: There are no major waterways that cross this site. All ditches that cross this site should be piped as set forth in UDC 11-3A-6. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Utilities: Street lights are required to be installed along public streets adjacent to 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 368 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 232 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 21 by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by Settler’s Irrigation district. 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. D. Variance (VAR): (Only applies to the C-G zoned portion of the site adjacent to US 20-26/W. Chinden Blvd.) The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of (2) accesses via US 20-26 as shown on the preliminary plat included in Exhibit A.4. A letter received from ITD dated October 18, 2017, included in Exhibit B, states that they will allow the two (2) proposed accesses via SH 20-26 with the improvements and spacing outlined in the letter. The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access points to state highways. In order to grant a variance, the Council is required to make 3 findings: 1) the variance can’t grant a right or special privilege that isn’t otherwise allowed in the district; 2) the variance relieves an undue hardship because of characteristics of the site; and 3) the variance can’t be detrimental to the public health, safety, and welfare (see Exhibit D). Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending denial of the proposed variance application. In summary, Staff recommends approval of the proposed CPAM and AZ applications with the requirement of a development agreement(s) that includes the provisions listed in Exhibit B with revisions to the concept plan consistent with the MU-R designation; approval of the PP application with the conditions contained in Exhibit B; and denial of the VAR application in accord with the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map (REVISED) 3. Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan 4. Preliminary Plat (dated: 1/12/2018) 5. Landscape Plan (dated: 1/12/2018) 6. Conceptual Site Plan for Multi-Family Residential & 7. Conceptual Building Elevations (Photos & Renderings) 8. Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 369 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 233 of 534 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 22 B. Agency and Department Comments and Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda April 24, 2018 – Page 370 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 234 of 534 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda April 24, 2018 – Page 371 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 235 of 534 3 - Exhibit A.2: Existing & Proposed Future Land Use Map (REVISED) Meridian City Council Meeting Agenda April 24, 2018 – Page 372 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 236 of 534 4 - Exhibit A.3: Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan & Pedestrian Circulation Plan Meridian City Council Meeting Agenda April 24, 2018 – Page 373 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 237 of 534 5 - Meridian City Council Meeting Agenda April 24, 2018 – Page 374 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 238 of 534 6 - Exhibit A.4: Preliminary Plat (dated: 1/12/18) Meridian City Council Meeting Agenda April 24, 2018 – Page 375 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 239 of 534 7 - Meridian City Council Meeting Agenda April 24, 2018 – Page 376 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 240 of 534 8 - Exhibit A.5: Landscape Plan (dated: 1/12/018) Meridian City Council Meeting Agenda April 24, 2018 – Page 377 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 241 of 534 9 - Meridian City Council Meeting Agenda April 24, 2018 – Page 378 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 242 of 534 10 - Meridian City Council Meeting Agenda April 24, 2018 – Page 379 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 243 of 534 11 - Meridian City Council Meeting Agenda April 24, 2018 – Page 380 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 244 of 534 12 - Exhibit A.6: Conceptual Site Plan for Multi-Family Development (dated: 9/5/2017) Meridian City Council Meeting Agenda April 24, 2018 – Page 381 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 245 of 534 13 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Meridian City Council Meeting Agenda April 24, 2018 – Page 382 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 246 of 534 14 - Single-Family Attached/Detached Units: Meridian City Council Meeting Agenda April 24, 2018 – Page 383 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 247 of 534 15 - Commercial: Meridian City Council Meeting Agenda April 24, 2018 – Page 384 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 248 of 534 16 - NOT APPROVED Meridian City Council Meeting Agenda April 24, 2018 – Page 385 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 249 of 534 17 - Meridian City Council Meeting Agenda April 24, 2018 – Page 386 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 250 of 534 18 - Exhibit A.8: Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 387 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 251 of 534 19 - B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS 1. PLANNING DEPARTMENT Staff recommends the conceptual development plans in Exhibit A.3 & A.6 are revised prior to Commission action the City Council hearing on this application to address inconsistencies with development in the MU-R designation as discussed in Sections VII and IX above, as follows: a. Rearrange the site layout so that there is a transition in intensity of uses [e.g. single-family attached/detached residential to multi-family residential to commercial/retail/office to the most intense commercial (i.e. Costco)]. Most intense commercial uses should be located adjacent to the state highway (US 20-26/Chinden) and arterial street (Ten Mile), rather than abutting residential areas, especially low-density residential areas. b. Shift the fuel sales facility off the corner to the south near the driveway via Ten Mile Rd.; or, to the west near one of the driveways via US 20-26/Chinden Blvd. (if the driveway(s) are approved by Council and ITD). c. Include a landscaped design/entryway feature at the northeast corner of the site adjacent to the US 20- 26/Ten Mile intersection for beautification purposes at the City’s entryway corridor. d. Shift the driveway access to/from the site via Lost Rapids further to the west away from the Ten Mile/Lost Rapids intersection to alleviate traffic congestion at the intersection. e. Integrate the commercial with the residential portions of the development through the provision of pathways and/or vehicular connections and changes to the site layout that may include re-positioning of buildings so that the rears of buildings aren’t facing abutting uses. f. In the commercial/office portion of the development, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. g. Include supportive and proportional public and/or quasi-public spaces and places as desired in MU-R designated areas (see Comprehensive Plan, page 28). h. Site access should be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility (i.e. US 20-26). i. A pedestrian circulation plan should be submitted demonstrating pedestrian interconnectivity within the overall site. Submitted (Included in Exhibit A.3) 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(s). Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA(s). The DA(s) shall be signed by the property owner(s) and returned to the Planning Division within six (6) months of the City Council granting annexation. a. The DA for the property owned by Brighton Corporation (the R-15 zoned property) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibit A and the conditions included in Exhibit B of the staff report. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual, as applicable. Meridian City Council Meeting Agenda April 24, 2018 – Page 388 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 252 of 534 20 - 3. Noise abatement in accord with the standards listed in UDC 11-3H-4D shall be provided for residential uses adjoining US 20-26/W. Chinden Blvd. 4. Qualified open space and site amenities shall be provided within the development in accord with the standards listed in UDC 11-3G-3 for residential developments. 5. Prior to issuance of any building permits on the subject property, the property shall be subdivided. 6. Prior to issuance of the first Certificate of Occupancy within this development, the road widening improvements required by the Idaho Transportation Department associated with this development shall be completed. b. The DA for the property owned by GFI – Meridian Investments II, LLC (the C-G and R-40 zoned property for the future Costco site) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat, and landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. A mix of uses at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial] shall be provided within this development as proposed. Note: The medium density residential uses on the western portion of the development area included in a separate development agreement will count as one of the land use types (i.e. residential). 4. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 5. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 6. Provide a detached 10-foot wide multi-use pathway within the street buffer along US 20-26/W. Chinden Blvd. as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature and will be subsequently approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208- 888-3579), regarding specifications for the pathway and easement. 7. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of N. Ten Mile Road shall be constructed with the first phase of development. 8. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 9. Qualified open space and site amenities shall be provided within the multi-family portion of the development in accord with the standards listed in UDC 11-3G-3 for residential developments and 11-4-3-27 for multi-family developments. Meridian City Council Meeting Agenda April 24, 2018 – Page 389 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 253 of 534 21 - 10. A conditional use permit is required for a multi-family development in the R-40 zoning district as set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4- 3-27, Multi-Family Development, is required. 11. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 12. A maximum gross density of 24 residential units per acre is allowed to develop within the multi- family residential portion this site. 13. As committed to by the Applicant/Developer in response to neighborhood concerns, the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A “no thru truck traffic” sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 11-3A-11C. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one (1) hour of closing; there shall be a 50% reduction in lighting levels after store closes consistent with that shown in Exhibit A.8. 14. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if an ADA bus stop is needed on this site; written documentation from VRT should be submitted. 15. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 16. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department has obtained is able to secure the necessary required right-of-way, SH 20-26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). 17. This agreement shall be amended in the future to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2108. The conceptual elevations included in Exhibit A.7 of the staff report are not approved. c. The DA for the property owned by GFI – Meridian Investments II, LLC (the C-G and R-40 zoned property, excluding the Costco site) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. Meridian City Council Meeting Agenda April 24, 2018 – Page 390 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 254 of 534 22 - 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 4. With the first phase of development, provide a detached 10-foot wide multi-use pathway within the street buffer along US 20-26/W. Chinden Blvd. as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature and will be subsequently approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway and easement. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 7. Qualified open space and site amenities shall be provided within the multi-family portion of the development in accord with the standards listed in UDC 11-3G-3 for residential developments and 11-4-3-27 for multi-family developments. 8. A conditional use permit is required for a multi-family development in the R-40 zoning district as set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4- 3-27, Multi-Family Development, is required. 9. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 10. A maximum gross density of 24 residential units per acre is allowed to develop within the multi- family residential portion this site. 11. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if an ADA bus stop is needed on this site; written documentation from VRT should be submitted. 12. Prior to issuance of the first commercial Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder Rd. (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 1/12/2018, shall be revised as follows: a. Depict a cross-access/ingress-egress easement between all lots within the subdivision. b. Note #5: “Lot 14 15 is a non-buildable lot . . .” c. Under Preliminary Plat Data, Zoning, Proposed Zoning, C-G (Lots 2-1415) d. Depict the street buffers within the residential (R-40 zoned) portion of the development within a common lot maintained by the homeowner’s association; and the commercial (C-G zoned) portion of Meridian City Council Meeting Agenda April 24, 2018 – Page 391 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 255 of 534 23 - the development within a common lot or on a permanent dedicated buffer maintained by the property owner or business owners’ association in accord with UDC 11 -3B-7C.2. 1.2.2 The landscape plan included in Exhibit A.5, dated 1/12/2018, shall be revised as follows: a. All internal landscaping and the site plan should be shown in a lighter line type; only street buffer improvements should be shown. 1.2.3 The entire street buffer and pathway/sidewalk along N. Ten Mile Road and US 20-26/W. Chinden Blvd. shall be constructed with the first phase of development. 1.2.4 The applicant shall coordinate with Valley Regional Transit to determine if an ADA bus stop is needed at this location. 1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.4 Ongoing Conditions of Approval – Preliminary Plat Meridian City Council Meeting Agenda April 24, 2018 – Page 392 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 256 of 534 24 - 1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.5 Process Conditions of Approval – Preliminary Plat 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit applications for the single-family attached, multi-family and commercial structures. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The 12-inch diameter water main in N. Ten Mile Road will need to be extended north to the point where it changes direction and enters the site. From that transition point into the site, the mainline size shall drop down to an 8-inch diameter. This project will be served from water pressure zone 2. The existing water mainline stub into the property west of the PRV located in W. Lost Rapids shall either be abandoned per meridian Public Works standards, or preserved as an emergency interconnect between pressure zone 1 and 2. 2.1.2 The conceptual engineering submitted with this application do not show any of the proposed routing of sanitary sewer or water through the multi-family portion of the development. Applicant shall be required to complete a looped system through the area to connect to the mainline along the back of Costco. 2.1.3 A street light plan will need to be included in the final plat and/or building permit 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=272 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 393 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 257 of 534 25 - primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features 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 Meridian City Council Meeting Agenda April 24, 2018 – Page 394 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 258 of 534 26 - 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 Pedestrian connectivity should be provided between the residential developments and the commercial development. 3.2 Security and safety lighting should be provided within the multi-family portion of the development on all the micro pathways between the buildings and to the parking lots and open space/play areas. 3.3 The loading dock area for the Costco shall be screened for both sight and sound; or, enclosed. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 41/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. Meridian City Council Meeting Agenda April 24, 2018 – Page 395 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 259 of 534 27 - 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 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 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). 4.8 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.10 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 4.12 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 and Meridian Amendment 104-4-1. 4.13 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. 4.14 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. 4.15 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 4.16 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 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 IFC 503.4.1. 4.19 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet ( 9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. Meridian City Council Meeting Agenda April 24, 2018 – Page 396 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 260 of 534 28 - 4.20 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4.21 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inch (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. 5. REPUBLIC SERVICES 5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208-345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to submittal of a Certificate of Zoning Compliance application. Also, provide provisions for recycling. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments onthis application at this time. 7. COMMUNITY DEVELOPMENT DEPARTMENT - COMPREHENSIVE PLANNING DIVISION COMMENTS Comprehensive Plan Analysis The following analysis for the Lost Rapids application is based on adherence of the proposed site concept plan and narrative with the City of Meridian Comprehensive Plan. Included are general comments and analysis based on the text and policy statements of the Comprehensive Plan. General Comments: The subject property is located on the southwest corner of Ten Mile Road and Chinden Blvd (US-20/26), is 2-miles east of US-16, and 5-miles north of Interstate 84. Ten Mile Road, between Chinden and I-84, is improved with 2-lanes between Chinden and Ustick and 5-lanes south of Ustick to I-84. The future land use designations for the subject site are Medium Density Residential and Mixed Use Community. These two land uses allow for and encourage a transition of residential densities with supportive commercial opportunities. The application proposes changing the Medium Density Residential and Mixed Use Community future land use designation to the Mixed Use Regional designation for all 70 acres. While the property is proposed to be mixed use regional, the conceptual site plan shows two distinct, separate projects. One is medium density residential (west side), as the Future Land Use Map currently shows and allows, and the other is commercial with some high density residential (north and south respectively). There are no connections made between these two projects, either pedestrian or automotive, and no integration or “mix” of uses are shown or described. Staff recommends better integration of the various land use types (single-family, commercial and multi-family) proposed. Meridian City Council Meeting Agenda April 24, 2018 – Page 397 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 261 of 534 29 - Analysis Specific to Text: The Comprehensive Plan provides the following description for the Mixed Use Community designation, the current designation for a portion of this property. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use—Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Medium Density Residential which allows for residential densities ranging between 3 and 8 units per acre works well adjacent to Mixed Use Community, which has a target residential density of 6 to 15 units per acre. These two land use types can be seamlessly integrated and allow for full compliance with the specific policies of Mixed Use General and Mixed Use Community policies. The Comprehensive Plan provides the following description for the Mixed Use Regional future land use, the designation proposed by the Applicant. 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. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5. The application does not clearly indicate why the City would be better served by Mixed Use Regional or more specifically by a Costco at the subject location, rather than within an already adopted Mixed Use Regional location located closer to the Highway 16 and US-20/26 intersection. The application does show north Meridian (and all of northern Ada and Canyon counties) as being “underserved” and distant from existing Costco sites in Nampa and Boise, but neither this or prior studies explain why the community is better served by a regional project than a community sized project currently envisioned. By proposing a Costco with unique traffic and circulation patterns on a smaller commercial portion of the site, connectivity and integration requirements are difficult. This isn’t to suggest that Costco is bad, quite the contrary, only that size and configuration of very distinct and separate developments presents some formidable challenges for a site with Costco, and within a mixed use designation. Meridian City Council Meeting Agenda April 24, 2018 – Page 398 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 262 of 534 30 - Figure 3-5 from the Comprehensive Plan With regard to proposed residential components, the bulk of the single-family product (west side) is described as between 5 and 8 dwelling units per acre and is consistent with the adopted Medium Density Residential (MDR) land use. The requested R-15 zoning designation is atypical for MDR, but the applicant describes it as an age-restricted product type with specific lot dimensional needs. This portion of the proposed application may be consistent with the adopted future land use. It may also be consistent with the Mixed Use Regional designation, provided significant improvements are made to the interrelated connectivity improvements of the larger site. The application does not however indicate why high density residential (in excess of what would be allowed under MU-C) is proposed to the south. There is currently no major employment in the area and Costco is the only regional use proposed with the application. All other minor pad sites would likely be allowed within the MU-C designation (though a different configuration would be preferred) and do not constitute an employment area as described by the Comprehensive Plan. It could simply be that the application is proposing higher density residential because of density targets within the proposed Mixed Use Regional designation, but the minimum density range is only six dwelling units per acre. The proposed application does not show or describe any integrated public or quasi-public open space, community serving facilities such as churches, schools, or parks, the retail and services are separated and only indirectly accessible to proposed residential, and the commercial areas do not show or describe any type of plaza or gathering areas. The open space in the proposed residential areas (R-15 and R-40) contributes to the required open space for those designations, but is not centralized or designed to integrate the various uses. The proposed uses are all shown in distinct areas, separated by drive aisles, streets, and tall impassable berms and fencing. Only indirect public sidewalks facilitate access between different uses at the perimeter. There are no pedestrian focused areas or pathway connections to comingle neighborhood serving type uses and the community. As previously stated, a Mixed Use development by the City’s standards is not simply several types of uses. All of the missing elements discussed within the context of the mixed use text are intended to interrelate and activate different uses. Without many of these tenants, the basic principles of the City’s mixed use standards are not met. What is proposed is really no different than what may occur within a Meridian City Council Meeting Agenda April 24, 2018 – Page 399 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 263 of 534 31 - traditional Medium Density Residential project adjacent to a Commercial project. While some of the desired element opportunities, such as a church and public park are near the site, neither are integrated into the fabric of any portion of the proposed mixed use area, nor are smaller or similar opportunities described or shown to interrelate the proposed uses. All of these missing elements would help to justify having higher density residential because they would better integrate the varying uses. Without these it’s unclear why high density is appropriate, at least with regards to the text of the Comprehensive Plan and more specifically to the mixed use standards. The application narrative also states and implies that commercial development along a State Highway should be regional in scale and that direct access is the best approach. While this may be what is in the best interest of a potential user(s), and is easily understood, this is not suggested or supported by Comprehensive Plan text or policies, or by City code. In fact, this is not necessarily typical of development in other areas. A Costco in Tigard, OR for example is adjacent to the intersection of a State freeway and highway, but does not take access from either. Instead it faces an internal collector road way connecting to the adjacent highway. Costco’s “back” is to the state facilities and it faces the collector roadway. Similarly the Winco across the street from the Tigard Costco facility also faces the collector roadway. Several Costco stores near the Portland International Airport, Aloha, Clackamas, Hillsboro, and Willsonville similarly either do not take direct access from mobility highways, instead fronting frontage/backage roads or “local” arterials, or are not located on any similar state mobility corridor. Costco facilities in Nampa and Boise are both located near to, but off of, State facilities, instead taking access from roadways with drastically fewer vehicles than existing and planned traffic on US-20/26. That these other facilities do not take direct access is important because local congestion, into and out of the site, does not directly impact the State facilities. A primary entryway drive aisle backed up and onto a State facility could hinder regional traffic. Given the peak hour congestion at other Costco sites, a scenario such as this does not seem far-fetched. In fact, the adjacent roadways to both of these existing Costco sites bear these types of problems. The Applicant’s narrative also suggests that it is in the communities’ best interest that access to Chinden be provided, to alleviate and prevent auto traffic impacts on the existing neighborhood. The application states that, this project will generate a substantial amount of patron and delivery truck traffic that would be detrimental to the surrounding neighborhoods should it be forced out onto the local and collector streets alone. Critical to this project's success, and to that of Costco specifically, is the ability to provide egress/ingress to/from Chinden Boulevard through two dedicated access points. The application also states however that deliveries will be limited, with no traffic between 10:00 PM and 5:00 AM. It also appears that access to Lost Rapids near to Ten Mile could be designed in a way to accommodate heavy truck traffic, minimizing impacts to existing residential regardless of hours. Lost Rapids is a collector roadway and intended to serve more than just local residential traffic, and Staff believes any necessary capacity improvements could be made to Lost Rapids to bear additional traffic burdens without creating new points of conflict and congestion on the State system. The State facility is arguably more important than local roadway impacts, not just for the locals using it to commute, but for all regional users. Again, Costco has a proven record both locally and within other metropolitan areas of operating both off of and without any direct access to mobility highways. Clearer justification or rationale beyond that they want it should be provided to justify it as being in the City’s best interest. It is generally understood that it would benefit their operations and business, but regardless of any widening that may be done to US-20/26, any additional access will create points of conflict and reduce level of service. While stating that ITD approved a traffic study is an accomplishment and an important step for the proposed application, this does not mean that it’s in Meridian best interest. The applicant is also proposing to enter into a STARS agreement with ITD but it is Meridian staff’s understanding that the agreement has not yet been finalized. Essentially, the applicant is proposing to improve US 20/26 to four lanes between Linder Meridian City Council Meeting Agenda April 24, 2018 – Page 400 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 264 of 534 32 - and Lost Rapids before Costco opens and then improve the highway to four lanes further west, to SH-16 within two years. Staff is not stating or implying that a future land use amendment may be inappropriate or outside of the City’s best interest, only that the site layout as depicted and described is not typical of all Costco stores; that no justification of need for direct or primary access to mobility highway is described relative to City policies; and that the mixed use concept shown does not generally align with text of the Comprehensive Plan. General Mixed Use Text Analysist Per the Comprehensive Plan, while reviewing development applications, the following items will be considered in all Mixed Use areas: o Residential densities should be a minimum of six dwellings/acre. Proposed residential densities described by the application and within or near to the proposed mixed use designation are between 20 and 24 units per acre. The medium density residential portion of the site is described as being between 5 and 8 dwelling units per acre. o Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. The subject application is located adjacent to US 20/26. However, this area is not an employment destination today such as Silverstone, El Dorado, the Ten Mile Interchange Specific Area Plan, the Pine corridor near Eagle Rd, or the St Luke’s & Portico area, but there is potential for there to be employment centers in the future. o A conceptual site plan for the entire mixed use area should be included in the application. A conceptual site plan has been provided with the Lost Rapids application for the entire area. o 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. The smaller pads sites with the proposed application are not detailed and do not describe common areas. Future buildings should be arranged to create some form of common, usable area(s). o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed application is not immediately adjacent to any existing low or medium density homes. Adjacent proposed single-family homes are described as being separated by tall berms and dense vegetation. o A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed site plan only explicitly describes commercial and residential uses, but two different types of residential are proposed (single-family and multi-family). No dedicated offices or services type uses are shown (though they may occur on the pad sites). o Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed use developments. There are no community-serving facilities as defined above integrated into the mixed use development. A church and park are nearby. All required open space amenities are centralized within their respective developments without any shared facilities nearer to or within the commercial areas. Meridian City Council Meeting Agenda April 24, 2018 – Page 401 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 265 of 534 33 - o Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. There are no public or quasi-public spaces shown or described as part of the proposed application. o All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. There are only in-direct connections to existing and proposed neighborhoods. The proposed future neighborhood to the west has no direct access, pedestrian or automotive, to the commercial uses. However, Lost Rapids Drive is a collector that allows Bainbridge access without having to get on the arterial roadway network. o Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is an existing collector roadway, Lost Rapids, adjacent to the proposed site and complies with ACHD’s Master Street Map. Mixed Use Regional Text Analysis In reviewing development applications, the following items will be considered in MU-R areas: o Development should generally comply with the general guidelines for development in all Mixed Use areas. See General Mixed Use Text Analysis. o Residential uses should comprise a minimum of 10% of the development area at densities ranging from six to 40 units/acre. Within the proposed application, residential densities are described by the application as being between 5 to 8 and 20 to 24 units per acres and comprise 87 of the mixed use regional area. 58% of the site is proposed as residential. o Retail commercial uses should comprise a maximum of 50% of the development area. Within the proposed mixed use area, retail uses are approximately 42% of the area. Some of the smaller pad sites may be office or service uses. o There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. No non-retail commercial uses are shown, except that some office may occupy pad sites. o Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios below: The development does not show or describe any public or quasi-public uses integrated within the mixed use area. The developer is showing approximately 42% of the site as being retail, which is less than the maximum 50% area. o For land that is designated for a public use, such as a library or school, the developer is eligible for a 2:1 bonus. That is to say, if there is a five-acre library site, the project would be eligible for ten additional acres of retail development. No public uses are shown or proposed. o For active open space or passive recreation areas, such as a park, tot-lot or playfield, the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for 20 additional acres of retail development. Meridian City Council Meeting Agenda April 24, 2018 – Page 402 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 266 of 534 34 - No public or quasi-public open space or passive recreation areas are shown or described. The only qualified open space shown private as part of the individual residential components. Analysis Specific to the Policy Statements: o 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” ACHD was provided with a traffic impact study, but as of the writing of this report, the analysis was not complete. The application was forwarded on to partner agencies and other City Departments for analysis of impacts to services. o 3.01.01F, “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” The proposed project is located in an area where development has and is already occurring, and City services are all readily available in the vicinity. o 3.01.01G, “Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria.” The proposed site plan indicates large landscape buffers and generally appealing architectural designs. Offsite impacts such as trucks and lighting are described or shown as being reduced, and the high density residential is on a major transportation corridor. It is unclear however how the proposed site development furthers inclusive mixed use design elements, or how the proposed future land use designation and site plan is better for the neighbors and City than a development with more neighborhood and community accessible services. o 3.01.01J, “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” City Staff has been coordinating with both the applicant and the transportation agencies (ACHD and ITD) on this project. The proposed project will preserve right-of-way for future US Highway 20/26 widening projects. In fact, the applicant is proposing to enter into a STAR agreement with ITD to make some off-site improvements to US 20/26. These improvements would widen the highway to 4-travel lanes and improve impacted intersections in conjunction with ITD’s project to widen the corridor from Eagle Road. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including one full access, and one access point to Ten Mile Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. Costcos can be busy and congestion at facilities in both Boise and Nampa spill over onto adjacent roadways (none of which are State facilities). Traffic waiting to exit out onto the signal at Cole at the Boise facility, backs up to the point of blocking vehicles from exiting parking stalls. This slows vehicles entering into the site. Staff recommends that site access be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility. o 3.03.02G, “Consider the adopted COMPASS regional long-range transportation plan in all land- use decisions.” The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains Meridian City Council Meeting Agenda April 24, 2018 – Page 403 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 267 of 534 35 - unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040. This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.” o 3.03.02N, “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” There is only one existing farm access road which bisects the existing farm fields, half-way between Ten Mile Road and Lost Rapids Drive. There are no existing public access points on either the State facility or Ten Mile Road. The entire property has access from an improved collector roadway to the west and south of the site which may act and function as a backage road. o 3.03.03E, “Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous collectors at regular intervals around the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible.” Lost Rapids is an existing collector roadway that connects into Tree Farm Way to the north, across Chinden Blvd, and extends to the east across Ten Mile Rd into Lochsa Falls. o 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions” With the exception of Chinden Blvd (which is an ITD facility), the arterial and collector roadways shown on ACHD’s street map are already improved or scheduled for widening. o 3.04.01G, “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” The proposed project is surrounded by urban development and would be well served by the City. o 3.04.01H, “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” Public Works, Police, and Fire were all invited to pre-application and project review meetings. Further, they are invited as part of a comments meeting. Their comments and conditions, if provided, are included as part of the staff report. o 3.05.01E, “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” Meridian City Council Meeting Agenda April 24, 2018 – Page 404 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 268 of 534 36 - Future and existing residential areas are located on the backside of Costco, with the small-scale neighborhood serving type pad sites generally located furthest from existing and proposed neighborhoods. This layout is inconsistent with the intent of Mixed Use designation, Figure 3-5, and the purpose of backage and collector type roadways. o 3.05.01J, “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” This area is planned for some commercial uses and the proposed site plan would expand resident and stakeholder access to closer commercial and retail opportunities. o 3.05.03A, “Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” Potential low intensity users are located away from existing and proposed residential areas and do not provide a buffer. The high density residential does buffer Costco impacts from existing residential, which is similarly buffered from the existing low density residential by a collector roadway with wide landscape buffers. o 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” The nearest existing residential developments are separated by collector and arterial roadways. Additional landscaping will separate proposed residential uses from commercial uses (Costco). The application narrative indicates that no deliveries will take place between 10:00 PM and 5:00 am, that commercial truck deliveries will be restricted away from residential, and that all lighting will be shielded and 0.0 foot candles at property lines. o 3.06.01H, “Support land uses that do not harm natural systems and resources.” The existing land is farmed and there are no natural systems which remain to be protected. o 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets” The proposed site plan and application requests direct access to Ten Mile Road located roughly half-way between Lost Rapid, a collector roadway s and Chinden Blvd, a State highway and a mobility corridor. o 3.06.02H, “Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” ACHD, ITD, and COMPASS have all been provided an opportunity to review and comment on the proposed application. ITD and ACHD have both held several additional meetings to review and discuss the proposed application. Agency staffs continue to discuss what “appropriate” and compatible” site design and traffic patterns entail. Staff recommends the Commission and Council consider any additional comments or conditions that are provided by ACHD, ITD or COMPASS. o 3.07.01D, “Adopt land use designations that will allow for housing opportunities for all income levels.”” The adopted future land use designations allow for a variety of housing types that may be attractive to all income levels. The applicant is proposing to annex and zone portions of the site as R-15 (Medium-high Density Residential) and R-40 (High Density Residential).The proposed residential is within the specified area and range described in the Comprehensive Plan, but the overall concept plan lacks many of the mixed use elements necessary for it to be integrated successfully as a mixed use project. See the General Mixed Use text analysis. o 3.07.02D, “Provide housing options close to employment and shopping centers” The proposed project would provide additional shopping opportunities for existing and proposed residents. However, Staff is concerned that the site plan does not provide adequate pedestrian Meridian City Council Meeting Agenda April 24, 2018 – Page 405 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 269 of 534 37 - connections between residential and retail uses. This proposed location is not within a current employment area. o 3.07.02L, “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” The proposed high-density residential is near two parks (Keith Bird Legacy and Heroes’ Park) and a major access thoroughfare (US-20/26). o 3.07.03B, “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” The proposed site plan would add to Meridian’s diversity of housing, and provides for high density residential in close proximity to a major transportation corridor. The density of residential was not however justified well, particularly in light of the applications compliance with the mixed use standard and that it would exceed densities allowances within the adopted MU-C land use. o 7.01.01F, “Integrate land use and transportation planning to ensure that they mutually support the communities' goals and desires.” City and transportation agencies have met multiple times to discuss the subject project. With some changes to the proposal, staff believes the project could support the communities’ goals and desires. Summary Comments and Recommendation: In summary, the proposed application and concept plan is not generally consistent with either of the proposed future land use designations. The major and only envisioned anchor, Costco, is entirely auto centric and there is limited opportunities given the store size and remaining commercial area to meet the intent of any mixed use designation. The proposed configuration, centralized on the site and facing Chinden, is not ideal for the existing and proposed community. Rather than using the collector as a backage road and integrating less intense retail and office type uses adjacent the existing neighborhood, the collector is used as secondary access. Given the size of the commercial area left after Costco, and unless commercial portions of the site are rotated 180-degrees to be inclusive with the existing neighborhoods, it is unlikely that any number of small adjustments will allow the proposed development to comply with the mixed use designation. Further, the centralized location and orientation of Costco makes interconnectivity between residential and commercial and neighborhood serving portions of the site difficult. As the sole anchor and largest portion of the commercial area, a simple Commercial future land use designation may be a more appropriate designation for this corner. Other changes should still be considered to better integrate and protect any proposed residential from traffic conflicts, such as cut - through driving, and to protect the State facility from internal drive aisle congestion. Lessons learned from Eagle Road should also be considered with regard to access of State facilities, and the impacts and driving behaviors that occur as a result. Access to Chinden may be appropriate, but the emphasis should be elsewhere and less directly into parking areas. Consider opportunities for better connecting the proposed residential areas to both Costco (with a great food center), and the satellite pads, which may have more neighborhood serving uses. More efforts should be explored to improve pathway connections and dedicated pedestrian environments so that existing and proposed residential may access the site without having to drive. To comply with mixed use requirements, more substantial site layout revisions would be necessary. Lessons learned from Eagle Road should also be considered with regard to access to a State facilities, and the impacts and driving behaviors that occur as a result. Meridian City Council Meeting Agenda April 24, 2018 – Page 406 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 270 of 534 38 - 8. ADA COUNTY HIGHWAY DISTRICT (ACHD) There are no site specific conditions of approval associated with the Comprehensive Plan Map Amendment and Annexation & Zoning applications. 8.1 Site Specific Conditions of Approval (Preliminary Plat) 8.1.1 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard/US 20-26 frontage. 8.1.2 Enter into a Cooperative Development Agreement (CDA) with ACHD for the widening of Ten Mile Road to 5 lanes between Chinden Boulevard and Milano Drive, prior to ACHD’s signature on the first final plat. 8.1.3 The Cooperative Development Agreement should include the roadway construction, contract requirements, as well as allocation of costs. ACHD will only provide reimbursement for the costs of permanent roadway improvements consistent with the IFYWP and CIP. Interim improvements are not eligible for reimbursement and all costs would be the responsibility of the applicant. 8.1.4 In order to ensure the roadway will be improved when warranted, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Dedication of all of the right-of-way necessary to complete the road widening project. 8.1.5 If the STAR Agreement does not occur prior to ACHD's signature on the first final plat enter into a Cooperative Development Agreement with the District to improve the Chinden Boulevard/Black Cat Road intersection, as listed in the ACHD's CIP. The Cooperative Development Agreement shall include the intersection construction, as well as allocation of costs. ACHD will only provide impact fee credit for impact fee eligible costs of permanent intersection improvements consistent with CIP. 8.1.6 In order to ensure the Chinden Boulevard/Black Cat Road intersection will be improved when warranted, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Dedication of all of the right-of-way necessary to complete the intersection project. 8.1.7 If the widening of Ten Mile Road to 5 lanes between Chinden Boulevard and McMillan Road is removed from the STAR agreement or if the construction of the proposed improvements is not feasible due to of timing of ACHD roadway construction projects in the area, then the following improvements shall be constructed. Dedicate right-of-way to total 48-feet from the centerline of Ten Mile Road. Construct a 5-foot wide detached concrete sidewalk located a minimum of 41 -feet from the centerline of Ten Mile Road abutting the site. Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right-of-way. Construct a center left turn lane and dedicated right turn lane on Ten Mile Road for the temporary full access driveway located 660-feet north of Lost Rapids Drive. Meridian City Council Meeting Agenda April 24, 2018 – Page 407 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 271 of 534 39 - Install a signal at the Ten Mile Road/Lost Rapids Drive intersection. The applicant should be required to enter into a signal agreement with ACHD for the design, construction, and installation of the signal. The signal agreement should note that the intersection should be designed to provide a 3 X 4 intersection with three 12-foot wide travel lanes; one receiving lane, one dedicated left turn lane, and one thru/right lane on the north, south, and east approach, and with four 12 -foot wide travel lanes on the west approach; one receiving lane, one dedicated left turn lane, one thru lane, and one dedicated right lane. The applicant is responsible for all costs associated with the hardware, design, and installation of the signal. 8.1.8 Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Lost Rapids Drive abutting the site. 8.1.9 Remove the existing center landscape island on Lost Rapids Drive at the Ten Mile Road intersection. 8.1.10 When the multifamily portion of the site develops, install "NO PARKING" signs on Lost Rapids Drive abutting the site. 8.1.11 Close the existing driveway onto Ten Mile Road from the site located 480-feet south of Chinden Boulevard. 8.1.12 Construct a 36 to 40-foot wide temporary full access driveway onto Ten Mile Road located 660-feet north of Lost Rapids Drive, as proposed. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Ten Mile Road. This driveway may be restricted in the future as traffic conditions warrant as determined by ACHD. 8.1.13 Construct one driveway onto Lost Rapids Drive located 350-feet west of Ten Mile Road, aligned centerline to centerline with an existing driveway on the south side Lost Rapids Drive. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Lost Rapids Drive. 8.1.14 Construct one driveway onto Lost Rapids Drive located 700-feet west of Ten Mile Road, align centerline to centerline with a public street on the south side Lost Rapids Drive. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Lost Rapids Drive. 8.1.15 Other than access approved as part of this application, direct lot access to Ten Mile Road and Lost Rapids Drive is prohibited and shall be noted on the final plat. 8.1.16 Payment of impact fees is due prior to issuance of a building permit. 8.1.17 Comply with all Standard Conditions of Approval. 8.2 Standard Conditions of Approval (Preliminary Plat) 8.2.1 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). 8.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 8.2.3 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. Meridian City Council Meeting Agenda April 24, 2018 – Page 408 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 272 of 534 40 - 8.2.4 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. 8.2.5 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. 8.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.7 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. 8.2.8 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. 8.2.9 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. 8.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 8.2.11 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. 8.2.12 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. 9. IDAHO TRANSPORTATION DEPARTMENT (ITD) See next page) Meridian City Council Meeting Agenda April 24, 2018 – Page 409 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 273 of 534 41 - Meridian City Council Meeting Agenda April 24, 2018 – Page 410 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 274 of 534 42 - Meridian City Council Meeting Agenda April 24, 2018 – Page 411 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 275 of 534 43 - Meridian City Council Meeting Agenda April 24, 2018 – Page 412 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 276 of 534 44 - Meridian City Council Meeting Agenda April 24, 2018 – Page 413 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 277 of 534 45 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 24, 2018 – Page 414 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 278 of 534 46 - Meridian City Council Meeting Agenda April 24, 2018 – Page 415 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 279 of 534 47 - Meridian City Council Meeting Agenda April 24, 2018 – Page 416 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 280 of 534 48 - Meridian City Council Meeting Agenda April 24, 2018 – Page 417 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 281 of 534 49 - Meridian City Council Meeting Agenda April 24, 2018 – Page 418 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 282 of 534 50 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT: 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed map amendment from Mixed Use – Community and Medium Density Residential to Commercial (16.5 acres) as depicted in Exhibit A.2 is consistent with elements of the Comprehensive as discussed during the hearings on March 1 and April 3, 2018. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for commercial uses will be compatible with future adjacent residential uses if revisions are made to the concept plan as recommended in Section IX and Exhibit B. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Sections VII and IX for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with adjacent existing and planned future residential if the site is developed in accord with the concept plan in Exhibit A.3 and the conditions of approval contained herein. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment will provide a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING: 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: Meridian City Council Meeting Agenda April 24, 2018 – Page 419 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 283 of 534 51 - a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the R-15, R-40 and C-G zoning districts is consistent with the existing MDR and proposed Commercial FLUM designations for this site and should be compatible with existing and future uses in the area. Therefore, City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15, R-40 and C-G zoning districts is consistent with the purpose statements of the commercial and 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 zoning amendment will not be detrimental to the public health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit B. City utilities will be extended at the expense of the applicant. 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 the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the Medium Density Residential and amended Commercial designations in the FLUM contained in 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; The City Council finds that public services are available and will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. Meridian City Council Meeting Agenda April 24, 2018 – Page 420 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 284 of 534 52 - d. There is public financial capability of supporting services for the proposed development; Based on comments provided in Exhibit B from the public service providers (i.e., Police, Fire, ACHD, etc.), 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 finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD and ITD consider road safety issues in their analyses. f. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features on this site that need to be preserved. 4. MODIFICATION OF UDC STATE HIGHWAY ACCESS STANDARDS: Under UDC § 11-3H-3, the Council may consider and apply modifications to state highway access standards upon a specific recommendation of the Idaho transportation department. Based on UDC § 11-3H-3, the Council finds that modification of the City’s state highway access standards is warranted. On October 18, 2017, the Idaho Transportation Department submitted agency comments on the proposed development, which recommended permitting direct access onto SH 20/26 as submitted by the applicant’s plans. Based on this specific recommendation, the Council elects to modify such standards because direct access onto SH 20/26 reduces development impacts and improves traffic flow on surrounding streets, including W. Lost Rapids Rd. and Ten Mile Rd., which will positively impact neighboring residences. In addition to meeting the requirements for modified access standards, the proposed access also meets the City’s variance standards as noted below. 5. VARIANCE: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; The Council finds the variance does not grant a right or special privilege. The Idaho Transportation Department, the agency with authority over SH 20/26, has recommended the access permitted by the variance for the benefit of the state highway system. Other properties in the vicinity, that run adjacent to SH 20/26 and SH 55, have historically been granted direct access onto SH 20/26 and all necessary right of way for mitigation has been or will be acquired. b. The variance relieves an undue hardship because of characteristics of the site; and The Council finds the variance will relieve an undue hardship caused by the characteristics of the site because the site requires additional access. The shape of the lot, rectangular with significant frontage on SH 20/26, necessitates midpoint access onto SH 20/26 for traffic flow and safety. The surrounding roads and existing access points are insufficient to serve the site; direct access onto SH 20/26 is necessary to disperse traffic throughout the area. Strict adherence to the City’s state highway access standards would result in undue hardship to the applicant by preventing the applicant from using the property for its proposed use. Meridian City Council Meeting Agenda April 24, 2018 – Page 421 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 285 of 534 53 - c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds the variance will not be detrimental to the public health, safety, or welfare because the Idaho Transportation Department, the agency with jurisdiction to plan, design, and grant ac cess permits onto the state highway system, has specifically recommended the direct access onto SH 20/26. The direct access will improve traffic flow and reduce congestion resulting in increased safety. Meridian City Council Meeting Agenda April 24, 2018 – Page 422 of 717Meridian City Council Meeting Agenda July 24, 2018 – Page 286 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7P Project/File Number: Item Title: City Financial Report for June 2018 Meetina Notes REPORT NAME PAGE # Fund Balance - General 2 Fund Balance - Enterprise 3 Investment Graphs 4 WATER - Budget to Actual Comparison 5 WWTP - Budget to Actual Comparison 6 Public Works/Billing Budget to Actual Comparison 7 Enterprise Fund - Budget to Actual Comparison 8 Enterprise Fund - Graphs 9 Utility Sales Revenue Comparison 10 General Fund Expenditures - Budget to Actual Comparison 11 General Fund - Graphs 12 General Fund Revenue - Budget to Actual Comparison 13 Community Development - Forecast 14 Community Development - Budget to Actual Comparison 15 Community Development - Graphs 16 Impact Fund - Summary 17 Overtime Graphs 18 Volunteer Hours 19 Vacant Positions 20 Internal Transfers 21 Revenue & Expense Details 22-61 Table of Contents FINANCE REPORT June 2018 CITY of MERIDIAN Month 9 of FY2018 (Oct 1 - Sep 30) 1 of 21 Meridian City Council Meeting Agenda July 24, 2018 – Page 288 of 534 CITY of MERIDIAN FY2018 General Fund Balance Projection (based on approved Budget) As of 6/6/2018 Unrestricted Restricted Restricted Restricted Restricted Restricted Fund 01 Fund 07 Fund 07 Fund 07 Fund 08 Fund 55 BUDGET Based Fund Balance PROJECTION General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. Total Unrestricted Fund Balance As of 9/30/17 32,474,676 $ 6,263,470 $ 5,108,042 $ 1,172,284 $ 386,687 $ 8,045,257 $ 53,450,416 $ Current Year Revenue & Expenditures Fiscal Year 2018 Budgeted Revenue 49,160,188 $ 1,053,000 $ 560,000 $ 196,436 $ -$ 2,000 $ 50,971,624 $ Fiscal Year 2018 Budgeted Ops Expenses 47,524,767 $ -$ 20,000 $ -$ -$ -$ 47,544,767 $ Fiscal Year 2018 Budgeted Cap Expenses 2,833,178 $ 3,085,000 $ -$ -$ -$ 3,033,000 $ 8,951,178 $ Fiscal Year 2018 Budgeted Transfers (2,839,082) $ -$ -$ -$ 280,970 $ 125,499 $ (2,432,613) $ Beg FY18 Current Yr NET Revenues (Expenditures) 1,641,325 $ (2,032,000) $ 540,000 $ 196,436 $ (280,970) $ (3,156,499) $ (3,091,708) $ Net Projected Fund Balance 34,116,001 $ 4,231,470 $ 5,648,042 $ 1,368,720 $ 105,717 $ 4,888,758 $ 50,358,708 $ FY2018 Amendments Comprehensive Plan Consultant 214,954 $ 214,954 $ Building & Electrical Plan Review and Inspection Services 925,582 $ 925,582 $ Community Development Technology Improvements 546,903 $ 546,903 $ ommunity Development Tenant Improvements 284,868 $ 284,868 $ Pine Ave Fiber Conduit 19,900 $ 19,900 $ Idaho Humane Society Contract Addendum 11,000 $ 11,000 $ Exhaust/Carcinogen testing at Station 1 and 3 4,000 $ 4,000 $ Revenue reduced due to Budget Notice publication error 50,489 $ 50,489 $ City Summer Picnic from Enterprise Fund 70 $ 70 $ Personnel Reclassification (1,891) $ (1,891) $ Homecourt Lighting Fixtures 7,000 $ 7,000 $ -$ Total Amendments 2,062,875 $ -$ -$ -$ -$ -$ 2,062,875 $ Current Yr NET change to fund balance Rev (Exp) (421,550) $ (2,032,000) $ 540,000 $ 196,436 $ (280,970) $ (3,156,499) $ (5,154,583) $ Net Projected Fund Balance after Amendments 32,053,126 $ 4,231,470 $ 5,648,042 $ 1,368,720 $ 105,717 $ 4,888,758 $ 48,295,833 $ FY2018 Carryforwards Carryforward Operating 565,837 $ 565,837 $ Carryforward Capital 1,574,035 $ 4,341,654 $ 4,266,500 $ -$ 300,542 $ 10,482,731 $ Carryfoward Adjustment (346,387) $ (2,638,267) $ 449,500 $ -$ (201,660) $ (2,736,814) $ FY18 Comm Dev Transfer 2,641,404 $ (2,641,404) $ -$ FY18 Public Safety Fund Transfer 1,000,000 $ (1,000,000) $ -$ -$ Total Carryforwards 5,434,889 $ 1,703,387 $ 4,716,000 $ -$ (1,000,000) $ (2,542,522) $ 8,311,754 $ Net Projected Fund Balance after Amendments & Carryforwards 26,618,237 $ 2,528,083 $ 932,042 $ 1,368,720 $ 1,105,717 $ 7,431,280 $ 39,984,079 $ Operating Reserves - 4 months 15,825,455 $ 15,825,455 $ Benefits Reserve -$ Total Reserves and Adjustments 15,825,455 $ -$ -$ -$ -$ -$ 15,825,455 $ Net Projected Fund Balance after Reserves (Budget Based) 10,792,782 $ 2,528,083 $ 932,042 $ 1,368,720 $ 1,105,717 $ 7,431,280 $ 24,158,624 $ Unrestricted Restricted Restricted Restricted Restricted Restricted ACTUAL NET FUND BALANCE as of 06/30/2018 Fund 01 Fund 07 Fund 07 Fund 07 Fund 08 Fund 55 General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. Total Unrestricted Fund Balance as of 09/30/17 32,474,676 $ 6,263,470 $ 5,108,042 $ 1,172,284 $ 386,687 $ 8,045,257 $ 53,450,416 $ FYTD Actual Revenues 34,521,911 $ 2,069,128 $ 1,433,145 $ 409,132 $ 3,636 $ 93,338 $ 38,530,290 $ FYTD Actual Operating Expenses 32,696,855 $ 1,704 $ -$ -$ -$ -$ 32,698,559 $ FYTD Actual Capital Expenses 1,590,163 $ 2,811,287 $ 155,803 $ -$ -$ 21,047 $ 4,578,300 $ FYTD Actual General Fund Transfers 1,574,107 $ -$ -$ -$ (1,000,000) $ (2,641,404) $ (2,067,297) $ ACTUAL NET FUND BALANCE as of 06/30/2018 31,135,462 $ 5,519,607 $ 6,385,384 $ 1,581,416 $ 1,390,323 $ 10,758,952 $ 56,771,144 $ NOTE: Budget Based Fund Balance reflects if ALL approved spend for the year occurs by 09/30/18 Actual YTD Fund Balance reflects actual spend to date, no future spend or reserves included 2 of 21 General Fund Balance Meridian City Council Meeting Agenda July 24, 2018 – Page 289 of 534 CITY of MERIDIAN FY2018 Enterprise Fund Balance Projection (based on approved Budget) As of 6/6/2018 Unrestricted Fund 60 BUDGET Based Fund Balance PROJECTION Enterprise Unrestricted Fund Balance As of 9/30/17 50,411,648 $ Current Year Revenue & Expenditures Fiscal Year 2018 Budgeted Revenue 38,461,568 $ Fiscal Year 2018 Budgeted Ops Expenses 16,503,497 $ Fiscal Year 2018 Budgeted Cap Expenses 37,573,000 $ Fiscal Year 2018 Budgeted Transfers 2,839,082 $ Beg FY18 Current Yr NET Revenues(Expenditures) (18,454,011) $ Net Projected Fund Balance 31,957,637 $ FY2018 Amendments SCADA System Administrator 108,977 $ Well #29 20,000 $ Collections Equipment Facility Construction 77,500 $ City Summer Picnic to General Fund (60) $ Total Amendments 206,417 $ Current Yr NET change to fund balance Rev(Exp) (18,660,428) $ Net Fund Balance after Amendments 31,751,220 $ FY2018 Carryforwards Carryforward Operating 1,116,130 $ Carryforward Capital 32,051,136 $ Carryfoward Adjustment (11,689,611) $ Total Carryforwards 21,477,655 $ Net Projected Fund Balance after Amendments & Carryforwards 10,273,565 $ Operating Reserves - 6 months 8,509,811 $ Depreciation Reserve -$ Emergency Reserve 1,000,000 $ Total Reserves 9,509,811 $ Net Projected Fund Balance after Reserves (Budget Based) 763,754 $ ACTUAL NET FUND BALANCE as of 06/30/2018 Actual Fund 60 Unrestricted Fund Balance as of 09/30/17 50,411,648 $ FYTD Actual Revenues 32,665,668 $ FYTD Actual Operating Expenses 10,768,681 $ FYTD Actual Capital Expenses 28,869,558 $ FYTD Actual General Fund Transfers 2,067,297 $ ACTUAL Based NET FUND BALANCE as of 06/30/2018 41,371,780 $ NOTE: Budget Based Fund Balance reflects if ALL approved spend for the year occurs by 09/30/18 3 of 21 Enterprise Fund BalMeridian City Council Meeting Agenda July 24, 2018 – Page 290 of 534 City of Meridian Investments and Cash Position FY2018 for Month Ending 6/30/18 City of Meridian Investment Portfolio Govern Bonds $25,895,402 Muncipal Bonds $1,128,274 Certif of Deposit $0 Investor Cash $516,793 FIB MoneyMarket $2,065,625 Cash $2,015,926 Idaho Bond Fund $20,787,649 Idaho State Pool $48,459,667 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% Yield by Investment Type $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 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 $70,000,000 General Enterprise Fund City of Meridian Investment/Cash Balance by Major Fund (GF includes restricted and designated funds) FY2018 FY2017 4 of 21 InvestmentsMeridian City Council Meeting Agenda July 24, 2018 – Page 291 of 534 $(* Annual Water Meter Purchase $98K Eagle Rd Emerg Repair City of Meridian Water Department Incuding PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/2018 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 $ 6,857,363 $ 5,936,432 $ (920,932) $ -13% 5,616,446 $ 319,985 $ Miscellaneous 270,000 $ 202,500 $ 313,494 $ 110,994 $ 55% 269,300 $ 44,194 $ 1/2 Billing/Public Works 473,185 $ 354,888 $ 453,909 $ 99,021 $ 28% 492,954 $ (39,045) $ Total Revenue 9,886,336 $ 7,414,752 $ 6,703,835 $ (710,917) $ -10% 6,378,700 $ 325,135 $ Personnel Costs Administration 259,683 $ 194,762 $ 189,517 $ 5,245 $ 3% 171,256 $ 18,261 $ Operations 560,958 $ 420,718 $ 414,652 $ 6,066 $ 1% 385,696 $ 28,956 $ Distribution 622,270 $ 466,703 $ 469,417 $ (2,714) $ -1% 428,355 $ 41,061 $ Production 371,812 $ 278,859 $ 207,982 $ 70,877 $ 25% 196,422 $ 11,559 $ Backflow Prevention 132,759 $ 99,569 $ 74,141 $ 25,429 $ 26% 81,785 $ (7,644) $ 1/2 Billing/Public Works 2,258,053 $ 1,693,540 $ 1,406,142 $ 287,397 $ 17% 1,259,918 $ 146,224 $ Total Personnel Costs 4,205,535 $ 3,154,151 $ 2,761,850 $ 392,301 $ 12% 2,523,432 $ 238,418 $ Operating Costs Administration 550,260 $ 412,695 $ 260,707 $ 151,988 $ 37% 287,331 $ (26,624) $ Operations 484,325 $ 363,244 $ 472,557 $ (109,313) $ -30% 92,439 $ 380,118 $ Distribution 283,480 $ 212,610 $ 242,500 $ (29,890) $ -14% 126,151 $ 116,348 $ Production 1,040,460 $ 780,345 $ 686,329 $ 94,017 $ 12% 525,582 $ 160,746 $ Backflow Prevention 87,440 $ 65,580 $ 57,119 $ 8,461 $ 13% 57,133 $ (15) $ General Fund Transfer 1,258,915 $ 944,187 $ 955,661 $ (11,475) $ -1% 752,971 $ 202,690 $ 1/2 Billing/Public Works 1,112,511 $ 834,383 $ 501,872 $ 332,512 $ 40% 545,501 $ (43,629) $ Total Operating Costs 4,817,391 $ 3,613,044 $ 3,176,744 $ 436,300 $ 12% 2,387,109 $ (43,629) $ Operating Income (Loss) 863,410 $ 647,557 $ 765,241 $ 117,684 $ 1,468,159 $ Capital Outlay Operations Administration 145,905 $ 109,429 $ 13,847 $ 95,582 $ 87% 276,469 $ (262,622) $ Operations 30,000 $ 22,500 $ 21,302 $ 1,198 $ 5% -$ Distribution 178,000 $ 133,500 $ 166,255 $ (32,755) $ -25% 119,278 $ 46,977 $ 1/2 Billing/Public Works 41,739 $ 31,304 $ 29,579 $ 1,725 $ 6% 63,513 $ (33,934) $ Total Capital Outlay 395,644 $ 296,733 $ 230,983 $ 65,750 $ 22% 459,260 $ (33,934) $ Net Income (Loss) from Operations 467,765 $ 350,824 $ 534,258 $ 183,434 $ 1,008,899 $ (474,641) $ WATER CONSTRUCTION Revenue Residential Assessments 3,263,505 $ 2,447,629 $ 3,671,753 $ 1,224,124 $ 50% 2,753,516 $ 918,237 $ Commercial Assessments 294,000 $ 220,500 $ 417,150 $ 196,650 $ 89% 385,381 $ 31,769 $ Interest 150,000 $ 112,500 $ 194,438 $ 81,938 $ 73% 150,658 $ 43,780 $ Miscellaneous -$ -$ 9,042 $ 9,042 $ -$ 9,042 $ Total Revenue 3,707,505 $ 2,780,629 $ 4,292,383 $ 1,511,754 $ 54% 3,289,556 $ 1,002,827 $ Operating Costs 18,000 $ 13,500 $ 7,528 $ 5,972 $ 44% 7,501 $ 26 $ Capital Construction Projects 10,136,940 $ 7,602,705 $ 3,772,084 $ 3,830,621 $ 50% 1,990,856 $ 1,781,228 $ Net Income (Loss) from Construction (6,447,435) $ (4,835,576) $ 512,771 $ 5,348,347 $ 1,291,198 $ (778,427) $ Water Department Net Income (Loss) (5,979,669) $ (4,484,752) $ 1,047,029 $ 5,531,781 $ 2,300,097 $ (1,253,067) $ Budget to Actual Prior Year to Date 5 of 21 Water Meridian City Council Meeting Agenda July 24, 2018 – Page 292 of 534 City of Meridian Waste Water Including PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/2018 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 $ 11,410,792 $ 11,374,855 $ (35,938) $ 0% 10,995,654 $ 379,200.95 $ Miscellaneous -$ -$ 18,637 $ 18,637 $ 164,965 $ (146,328.61) $ 1/2 Billing/Public Works 473,185 $ 354,888 $ 453,909 $ 99,021 $ 28% 492,954 $ (39,044.61) $ Total Revenue 15,687,575 $ 11,765,681 $ 11,847,400 $ 81,719 $ 1% 11,653,572 $ 193,827.73 $ Personnel Costs Administration 289,022 $ 216,766 $ 151,695 $ 65,072 $ 30% 192,680 $ (40,985.20) $ Treatment Plant 1,476,793 $ 1,107,595 $ 1,014,195 $ 93,400 $ 8% 989,172 $ 25,023.71 $ Collection Lines 558,456 $ 418,842 $ 350,364 $ 68,478 $ 16% 293,543 $ 56,820.61 $ Pretreatment Division 159,417 $ 119,563 $ 108,320 $ 11,243 $ 9% 116,154 $ (7,833.75) $ Lab 439,241 $ 329,431 $ 310,572 $ 18,859 $ 6% 304,073 $ 6,498.33 $ 1/2 Billing/Public Works 2,258,053 $ 1,693,540 $ 1,406,142 $ 287,397 $ 17% 1,259,918 $ 146,224.45 $ Total Personnel Costs 5,180,983 $ 3,885,737 $ 3,341,289 $ 544,449 $ 14% 3,155,540 $ 185,748.15 $ Operating Costs Administration 311,251 $ 233,438 $ 189,517 $ 43,921 $ 19% 334,424 $ (144,906.82) $ Treatment Plant 1,998,540 $ 1,498,905 $ 1,277,653 $ 221,251 $ 15% 1,405,761 $ (128,107.69) $ Collection Lines 554,344 $ 415,758 $ 303,514 $ 112,244 $ 27% 292,057 $ 11,457.38 $ Pretreatment Division 21,380 $ 16,035 $ 7,721 $ 8,314 $ 52% 10,090 $ (2,369.43) $ Lab 232,580 $ 174,435 $ 141,598 $ 32,836 $ 19% 100,869 $ 40,729.70 $ General Fund Transfer 1,258,916 $ 944,188 $ 967,672 $ (23,485) $ -2% 764,423 $ 203,249.21 $ 1/2 Billing/Public Works 1,112,511 $ 834,383 $ 501,872 $ 332,512 $ 40% 545,501 $ (43,629.47) $ Total Operating Costs 5,489,522 $ 4,117,142 $ 3,389,548 $ 727,594 $ 18% 3,453,125 $ (63,577.12) $ Operating Income (Loss) 5,017,070 $ 3,762,802 $ 5,116,564 $ 1,353,761 $ 36% 5,044,907 $ 71,656.70 $ Capital Outlay Operations Administration 39,000 $ 29,250 $ 30,203 $ (953) $ -3% 65,527 $ (35,324.54) $ Treatment Plant 55,000 $ 41,250 $ 55,846 $ (14,596) $ -35% -$ Collection Lines 30,000 $ 22,500 $ 26,780 $ (4,280) $ -19% 468,624 $ (441,844.29) $ Lab -$ -$ -$ -$ 6,116 $ 1/2 Billing/Public Works 41,739 $ 31,304 $ 29,579 $ 1,725 $ 6% 63,513 $ (33,934.03) $ Total Capital Outlay 165,739 $ 124,304 $ 142,409 $ (18,105) $ -15% 603,781 $ (461,372.40) $ Net Income (Loss) from Operations 4,851,331 $ 3,638,498 $ 4,974,155 $ 1,335,657 $ 4,441,126 $ 533,029.10 $ WASTE WATER CONSTRUCTION Revenue Residential Assessments 7,158,816 $ 5,369,112 $ 7,322,972 $ 1,953,860 $ 36% 5,238,396 $ 2,084,576.50 $ Commercial Assessments 441,000 $ 330,750 $ 974,889 $ 644,139 $ 195% 750,742 $ 224,146.94 $ EPA Compliance Revenue 1,480,337 $ 1,110,253 $ 1,136,027 $ 25,775 $ 2% 1,085,433 $ 50,594.61 $ Interest 100,000 $ 75,000 $ 385,918 $ 310,918 $ 415% 295,457 $ 90,460.62 $ Miscellaneous -$ -$ 2,244 $ 2,244 $ 20,431 $ (18,187.87) $ Total Revenue 9,180,153 $ 6,885,115 $ 9,822,050 $ 2,936,935 $ 43% 7,390,459 $ 2,431,590.80 $ Operating Costs 35,000 $ 26,250 $ 15,055 $ 11,195 $ 43% 15,003 $ 52.51 $ Capital Construction Projects 47,833,648 $ 35,875,236 $ 24,724,083 $ 11,151,154 $ 31% 6,897,565 $ 17,826,517.57 $ Net Income (Loss) from Construction (38,688,495) $ (29,016,372) $ (14,917,088) $ (14,099,283) $ 477,891 $ (15,394,979.28) $ Waste Water Department Net Income (Loss) (33,837,164) $ (25,377,874) $ (9,942,933) $ 15,434,940 $ 4,919,017 $ (14,861,950.19) $ Budget to Actual Prior Year to Date 6 of 21 WWTP Meridian City Council Meeting Agenda July 24, 2018 – Page 293 of 534 City of Meridian Enterprise Overhead - Public Works/Utility Billing/Environmental Divisions Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Revenue PW Review Fees 200,000 $ 150,000 $ 388,850 $ 238,850 $ 159% 499,303 $ (110,454) $ Utility Billing Fees 746,369 $ 559,777 $ 518,968 $ (40,808) $ -7% 486,604 $ 32,364 $ Total Revenue 946,369 $ 709,777 $ 907,818 $ 198,041 $ 28% 985,907 $ (78,089) $ Personnel Costs 4,516,107 $ 3,387,080 $ 2,812,285 $ 574,795 $ 17% 2,519,836 $ 292,449 $ Operating Expense 2,225,022 $ 1,668,774 $ 1,003,743 $ 665,031 $ 40% 1,091,002 $ (87,259) $ Transfers 321,252 $ 240,939 $ 143,964 $ 96,975 $ 40% 134,289 $ 9,675 $ Total OE 2,546,274 $ 1,909,713 $ 1,147,707 $ 762,005 $ 40% 1,225,291 $ (77,583) $ Total PC & OE 7,062,380 $ 5,296,793 $ 3,959,992 $ 1,336,800 $ 25% 3,745,127 $ 214,865 $ Operating Income (Loss) (6,116,011) $ (4,587,016) $ (3,052,174) $ 1,534,842 $ -33% (2,759,220) $ (292,955) $ Capital Outlay 83,478 $ 67,930 $ 59,159 $ 8,771 $ 13% 127,027 $ (67,868) $ Net Income (Loss) (6,199,489) $ (4,654,945) $ (3,111,333) $ 1,543,612 $ -33% (2,886,247) $ (225,087) $ Budget to Actual Prior Year to Date 7 of 21 PWbillingMeridian City Council Meeting Agenda July 24, 2018 – Page 294 of 534 City of Meridian Total Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/2018 Unrestricted Net Position at 9/30/2017 50,411,648 $ Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ TOTAL UTILITY OPERATIONS Operating Revenue Water Sales 9,143,151 $ 6,857,363 $ 5,936,432 $ (920,932) $ -13% 5,616,446 $ 319,985 $ Wastewater Sales 15,214,390 $ 11,410,792 $ 11,374,855 $ (35,938) $ 0% 10,995,654 $ 379,201 $ Public Works/Utility Billing 946,369 $ 709,777 $ 907,818 $ 198,041 $ 28% 985,907 $ (78,089) $ Miscellaneous 270,000 $ 202,500 $ 332,131 $ 129,631 $ 64% 434,265 $ (102,134) $ Total Revenue 25,573,910 $ 19,180,433 $ 18,551,235 $ (629,197) $ -3% 18,032,272 $ 518,963 $ Personnel Costs Water Division 1,947,481 $ 1,460,611 $ 1,355,708 $ 104,903 $ 7% 1,263,514 $ 92,194 $ Wastewater Division 2,922,930 $ 2,192,197 $ 1,935,146 $ 257,051 $ 12% 1,895,622 $ 39,524 $ Public Works/Utility Billing 4,516,107 $ 3,387,080 $ 2,812,285 $ 574,795 $ 17% 2,519,836 $ 292,449 $ Total Personnel Costs 9,386,518 $ 7,039,888 $ 6,103,139 $ 936,749 $ 13% 5,678,972 $ 424,166 $ Operating Costs Water Division 2,445,965 $ 1,834,474 $ 1,719,211 $ 115,263 $ 6% 1,088,637 $ 630,574 $ Wastewater Division 3,118,094 $ 2,338,571 $ 1,920,004 $ 418,567 $ 18% 2,143,201 $ (223,197) $ Public Works/Utility Billing 2,225,022 $ 1,668,766 $ 1,003,743 $ 665,023 $ 40% 1,091,002 $ (87,259) $ Total Operating Costs 7,789,081 $ 5,841,811 $ 4,642,959 $ 1,198,852 $ 26% 4,322,840 $ 320,119 $ Total PC & OE 17,175,599 $ 12,881,699 $ 10,746,097 $ 2,135,602 $ 20% 10,001,813 $ 744,285 $ Capital Operations 561,383 $ 421,037 $ 373,392 $ 47,645 $ 11% 1,063,041 $ (689,649) $ General Fund Transfer 2,839,084 $ 2,129,313 $ 2,067,297 $ 62,016 $ 3% 1,651,683 $ 415,615 $ Operations Income (Loss) 4,997,845 $ 3,748,383 $ 5,364,449 $ 1,616,066 $ (1,651,683) $ 7,016,131 $ CONSTRUCTION Construction Revenue Residential Assessments 10,187,618 $ 7,640,713 $ 7,830,597 $ 189,884 $ 2% 5,654,351 $ 2,176,246 $ Commercial Assessments 735,000 $ 551,250 $ 1,392,039 $ 840,789 $ 153% 1,136,123 $ 255,916 $ Multi-Family Assessments 234,703 $ 176,027 $ 3,164,128 $ 2,988,101 $ 1698% 2,337,561 $ 826,567 $ EPA Compliance Revenue 1,480,337 $ 1,110,253 $ 1,136,027 $ 25,775 $ 2% 1,085,433 $ 50,595 $ Miscellaneous -$ -$ 11,286 $ 11,286 $ 20,431 $ (9,145) $ Interest 250,000 $ 187,500 $ 580,356 $ 392,856 $ 210% 446,116 $ 134,240 $ Total Construction Revenue 12,887,658 $ 9,665,744 $ 14,114,433 $ 4,448,689 $ 46% 10,680,015 $ 3,434,418 $ Operating Costs Construction 53,000 $ 39,750 $ 22,583 $ 17,167 $ 43% 22,504 $ 79 $ Capital Construction Projects 57,970,588 $ 43,477,941 $ 28,496,166 $ 14,981,775 $ 34% 8,888,421 $ 19,607,745 $ Construction Income (Loss) (45,135,930) $ (33,851,948) $ (14,404,317) $ 19,447,631 $ 1,769,089 $ (16,173,406) $ Enterprise Fund Net Income (Loss) (40,138,086) $ (30,103,564) $ (9,039,868) $ Fund Balance 10,273,562 $ 20,308,084 $ 41,371,780 $ 8 of 21 Enterprise Meridian City Council Meeting Agenda July 24, 2018 – Page 295 of 534 City of Meridian Enterprise Fund Graphs FY2018 for Month Ending 6/30/18 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 FY2008FY2009FY2010FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018 YTD Utility Connection / Assessment Revenue Water Connection Revenue Sewer Connection Revenue 9 of 21 EnterGraphs Meridian City Council Meeting Agenda July 24, 2018 – Page 296 of 534 10 of 21 Utility Meridian City Council Meeting Agenda July 24, 2018 – Page 297 of 534 City of Meridian General Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ POLICE PC 14,992,440 $ 11,244,330 $ 10,083,849 $ 1,160,481 $ 10% 9,370,602 $ 713,247 $ OE 2,940,146 $ 2,205,110 $ 1,857,294 $ 347,816 $ 16% 1,749,016 $ 108,277 $ Total PC and OE 17,932,586 $ 13,449,440 $ 11,941,143 $ 1,508,297 $ 11% 11,119,618 $ 821,525 $ CO 588,056 $ 441,042 $ 398,928 $ 42,114 $ 10% 793,765 $ (394,837) $ FIRE PC 10,731,373 $ 8,048,529 $ 7,387,131 $ 661,399 $ 8% 6,494,939 $ 892,191 $ OE 1,592,102 $ 1,194,077 $ 1,054,276 $ 139,800 $ 12% 798,516 $ 255,760 $ Total PC and OE 12,323,475 $ 9,242,606 $ 8,441,407 $ 801,199 $ 9% 7,293,455 $ 1,147,952 $ CO 5,318,725 $ 3,989,044 $ 218,951 $ 3,770,093 $ 95% 196,602 $ 22,349 $ Interfund Transfers 87,013 $ 65,260 $ 56,501 $ 8,759 $ 13% 51,852 $ 4,649 $ PARKS PC 3,076,191 $ 2,307,143 $ 1,838,538 $ 468,605 $ 20% 1,727,046 $ 111,492 $ OE 2,507,240 $ 1,880,430 $ 1,319,409 $ 561,021 $ 30% 1,191,450 $ 127,960 $ Total PC & OE 5,583,431 $ 4,187,573 $ 3,157,947 $ 1,029,626 $ 25% 2,918,495 $ 239,452 $ CO 10,600,194 $ 7,950,146 $ 3,251,483 $ 4,698,662 $ 59% 1,719,587 $ 1,531,896 $ Interfund Transfers 56,357 $ 42,268 $ 36,595 $ 5,673 $ 13% 33,584 $ 3,011 $ ADMINISTRATION PC 5,271,147 $ 3,953,360 $ 3,652,894 $ 300,466 $ 8% 3,464,580 $ 188,314 $ OE 3,910,443 $ 2,932,832 $ 2,283,470 $ 649,363 $ 22% 1,788,955 $ 494,514 $ Total PC & OE 9,181,590 $ 6,886,193 $ 5,936,364 $ 949,829 $ 14% 5,253,535 $ 682,829 $ CO 1,078,776 $ 809,082 $ 486,594 $ 322,488 $ 40% 180,084 $ 306,511 $ Interfund Transfers (3,036,969) $ (2,277,727) $ (2,194,185) $ (83,542) $ 4% (1,767,082) $ (427,102) $ TOTAL GENERAL FUND PC 34,071,151 $ 25,553,363 $ 22,962,412 $ 2,590,951 $ 10% 21,057,167 $ 1,905,245 $ OE 10,949,931 $ 8,212,449 $ 6,514,449 $ 1,698,000 $ 21% 5,527,937 $ 986,512 $ Total PC and OE 45,021,082 $ 33,765,812 $ 29,476,861 $ 4,288,950 $ 13% 26,585,104 $ 2,891,757 $ CO 17,585,751 $ 13,189,313 $ 4,355,957 $ 8,833,357 $ 67% 2,890,038 $ 1,465,919 $ Interfund Transfers (2,893,599) $ (2,170,200) $ (2,101,089) $ (69,111) $ 3% (1,681,646) $ (419,442) $ 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 11 of 21 GeneralFund Meridian City Council Meeting Agenda July 24, 2018 – Page 298 of 534 12 of 21 GenFundGraphs Meridian City Council Meeting Agenda July 24, 2018 – Page 299 of 534 City of Meridian Total General Fund Revenue Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/18 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Property Tax 30,808,064 $ 23,106,048 $ 19,246,957 $ 3,859,092 $ 17% 18,074,261 $ 1,172,696 $ Total Tax Revenue 30,808,064 $ 23,106,048 $ 19,246,957 $ 3,859,092 $ 17% 18,074,261 $ 1,172,696 $ Liquor License 75,258 $ 56,444 $ 76,463 $ (20,019) $ -35% 72,663 $ 3,800 $ Fire Inspections & Permits -$ -$ 9,659 $ (9,659) $ 9,860 $ (201) $ Dog License 45,000 $ 33,750 $ 29,153 $ 4,597 $ 14% 44,801 $ (15,648) $ Misc. License & Permits 10,000 $ 7,500 $ 16,172 $ (8,672) $ -116% 15,398 $ 775 $ Total License & Permit Revenue 130,258 $ 97,693 $ 131,447 $ (33,753) $ -35% 142,721 $ (11,274) $ Grant Revenue 1,391,888 $ 1,043,916 $ 422,413 $ 621,503 $ 60% 316,324 $ 106,090 $ State Revenue Sharing 5,982,741 $ 4,487,056 $ 3,179,204 $ 1,307,852 $ 29% 2,757,619 $ 421,584 $ State Liquor Revenue 834,960 $ 626,220 $ 609,432 $ 16,788 $ 3% 511,200 $ 98,232 $ Rural Fire 2,465,653 $ 1,849,240 $ 1,416,586 $ 432,653 $ 23% 741,700 $ 674,887 $ Meridian Development Corp 661,932 $ 496,449 $ 31,000 $ 465,449 $ 94% -$ 31,000 $ School Resources 423,516 $ 317,637 $ 425,490 $ (107,853) $ -34% 351,556 $ 73,933 $ Total Intergovernmental Revenue 11,760,690 $ 8,820,518 $ 6,084,125 $ 2,736,393 $ 31% 4,678,399 $ 1,405,726 $ Gas Franchise 600,000 $ 450,000 $ 751,921 $ (301,921) $ -67% 642,884 $ 109,037 $ Cable TV Franchise 200,000 $ 150,000 $ 113,457 $ 36,543 $ 24% 116,847 $ (3,391) $ Electricity Franchise 510,000 $ 382,500 $ 287,259 $ 95,241 $ 25% 281,231 $ 6,028 $ Total Franchise Revenue 1,310,000 $ 982,500 $ 1,152,637 $ (170,137) $ -17% 1,040,962 $ 111,675 $ Court Revenue 350,000 $ 262,500 $ 318,718 $ (56,218) $ -21% 273,278 $ 45,441 $ Fines, False Alarm, Restitution & Seizure 7,000$ 5,250 $ 97,540 $ (92,290) $ -1758% 37,175 $ 60,366 $ Total Fines & Forfeitures Revenue 357,000 $ 267,750 $ 416,259 $ (148,509) $ -55% 310,452 $ 105,806 $ Charges for Services by Department Fire -$ -$ 156,415 $ (156,415) $ 24,543 $ 131,872 $ Police 3,000 $ 2,250 $ 104,501 $ (102,251) $ -4544% 106,809 $ (2,308) $ Parks 675,700 $ 506,775 $ 798,201 $ (291,426) $ -58% 735,127 $ 63,074 $ Admin 95,360 $ 71,520 $ 94,939 $ (23,419) $ -33% 99,464 $ (4,525) $ Total Charges for Services Revenue 774,060 $ 580,545 $ 1,154,056 $ (573,511) $ -99% 965,943 $ 188,113 $ Impact Fees Impact Fees - Multifamily -$ -$ 912,686 $ (912,686) $ 718,429 $ 194,257 $ Impact Fee - Commercial 80,000 $ 60,000 $ 307,473 $ (247,473) $ -412% 366,551 $ (59,078) $ Impact Fee - Residential 1,714,436 $ 1,285,827 $ 2,543,191 $ (1,257,364) $ -98% 1,772,788 $ 770,403 $ Total Impact Fee Revenue 1,794,436 $ 1,345,827 $ 3,763,349 $ (2,417,522) $ -180% 2,857,767 $ 905,582 $ Total Donations 64,538 $ 48,404 $ 82,679 $ (34,276) $ -71% 56,849 $ 25,830 $ Interest & Investment Earnings 142,000 $ 106,500 $ 654,916 $ (548,416) $ -515% 378,343 $ 276,572 $ Total Miscellaneous Revenues 20,000 $ 15,000 $ 37,110 $ (22,110) $ -147% 98,793 $ (61,683) $ Total General Fund Revenue 47,161,046 $ 35,370,785 $ 32,723,534 $ 2,647,251 $ 7% 28,604,491 $ 4,119,043 $ Total General Fund Revenue does not include Community Development Permit Fee Revenue Budget To Actual Prior Year to Date 13 of 21 Revenue Meridian City Council Meeting Agenda July 24, 2018 – Page 300 of 534 Includes FY18 Budget Amendment for Bldg Dept City of Meridian Community Development Services Year End Change to Fund Balance Forecast FY2018 for Month Ending 06/30/2018 Total Budget Total Budget YTD Actual YTD Projected TOTAL DEV. SVCS. REVENUE Commercial Permits 833,000 $ 624,750 $ 1,044,455 $ 1,200,000 $ All other Permits 3,949,560 $ 2,962,170 $ 4,329,714 $ 5,100,000 $ Planning Revenue 200,000 $ 150,000 $ 423,182 $ 564,242 $ Miscellaneous Revenue -$ -$ 180 $ 240 $ Total Revenues 4,982,560 $ 3,736,920 $ 5,797,531 $ 6,864,482 $ TOTAL DEVELOPMENT SERVICE FUND Revenue 4,982,560 $ 3,736,920 $ 5,797,531 $ 6,864,482 $ PC 1,916,048 $ 1,437,036 $ 1,023,456 $ 1,739,608 $ OE 2,911,826 $ 2,183,869 $ 2,202,217 $ 3,277,913 $ Net Operating to Fund Balance 154,686 $ 116,015 $ 2,571,857 $ 1,846,961 $ CO & Interfund Transfers 701,815 $ 526,361 $ 256,135 $ 405,872 $ Total Change to Fund Balance (547,129) $ (410,347) $ 2,315,721 $ 1,441,089 $ 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 FY2017 Transfer to Capital Improvement Fund $2,641,404 TOTAL $20,468,636 Projected Transfer 14 of 21 CommDevForecast Meridian City Council Meeting Agenda July 24, 2018 – Page 301 of 534 City of Meridian Community Development Services Budget to Actual Year to Date Comparisons FY2018 for Month Ending 6/30/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ ADMINISTRATION Personnel Costs 228,418 $ 171,314 $ 114,593 $ 56,721 $ 33% 152,384 $ (37,791) $ Operating Expenses 96,028 $ 72,021 $ 47,823 $ 24,198 $ 34% 36,314 $ 11,509 $ Total PC & OE 324,446 $ 243,335 $ 162,416 $ 80,919 $ 33% 188,697 $ (26,281) $ Interfund Transfers 86,477 $ 64,858 $ 56,153 $ 8,705 $ 13% 51,533 $ 4,620 $ Fund Balance Transfer -$ 2,641,404 $ 2,275,054 $ PLANNING Personnel Costs 697,635 $ 523,226 $ 473,480 $ 49,747 $ 10% 420,119 $ 53,361 $ Operating Expenses 255,973 $ 191,980 $ 44,732 $ 147,248 $ 77% 16,582 $ 28,150 $ Total PC and OE 953,608 $ 715,206 $ 518,212 $ 196,994 $ 28% 436,701 $ 81,511 $ BUILDING Personnel Costs 861,884 $ 646,413 $ 347,244 $ 299,169 $ 46% 334,494 $ 12,751 $ Operating Expenses 2,437,534 $ 1,828,151 $ 2,091,897 $ (263,747) $ -14% 1,723,184 $ 368,713 $ Total PC & OE 3,299,418 $ 2,474,564 $ 2,439,142 $ 35,422 $ 1% 2,057,678 $ 381,464 $ Capital Outlay 647,300 $ 485,475 $ 222,344 $ 263,131 $ 54% -$ 222,344 $ Interfund Transfers (59,451) $ (44,588) $ (43,653) $ (935) $ 2% (42,232) $ (1,422) $ ECONOMIC DEVLP Personnel Costs 128,111 $ 96,083 $ 88,139 $ 7,944 $ 8% 86,889 $ 1,251 $ Operating Expenses 122,290 $ 91,718 $ 17,765 $ 73,953 $ 81% 50,884 $ (33,119) $ Total PC & OE 250,401 $ 187,801 $ 105,904 $ 81,897 $ 44% 137,772 $ (31,868) $ Interfund Transfers 27,489 $ 20,617 $ 21,291 $ (674) $ -3% 20,663 $ 629 $ TOTAL DEVELOPMENT SERVICE FUND Personnel Costs 1,916,048 $ 1,437,036 $ 1,023,456 $ 413,580 $ 29% 993,885 $ 29,572 $ Operating Expenses 2,911,826 $ 2,183,869 $ 2,202,217 $ (18,348) $ -1% 1,826,964 $ 375,254 $ Total PC and OE 4,827,874 $ 3,620,905 $ 3,225,674 $ 395,232 $ 11% 2,820,849 $ 404,825 $ Capital Outlay 647,300 $ 485,475 $ 222,344 $ 263,131 $ 54% -$ 222,344 $ Interfund Transfers 54,515 $ 40,886 $ 33,791 $ 7,095 $ 17% 29,964 $ 3,828 $ Fund Balance Transfer -$ 2,641,404 $ 2,275,054 $ NOTE: Interfund Transfers = 25.42% of City Hall costs transfer to Community Development Services Budget to Actual Prior Year to Date Includes FY18 Budget Amendment for 21 FTE Inspections Expense City of Meridian Building Department Permit Revenue compared to Building Inspectors Expense FY2018 for Month Ending 6/30/2018 % of Permit Fee Inspectors Gross Revenue Inspector Expense Rev. vs. Exp. that Goes to City Building Inspections 3,476,815 $ 740,030 $ 2,736,785 $ 79% Mechanical Inspections 594,145 $ 359,971 $ 234,174 $ 39% Electrical Inspections 429,498 $ 318,165 $ 111,333 $ 26% Plumbing Inspections 503,812 $ 303,541 $ 200,271 $ 40% Fire Inspections 379,107 $ 278,745 $ 100,362 $ 26% Total 5,383,378 $ 2,000,453 $ 3,382,925 $ 63% 15 of 21 CommDevMeridian City Council Meeting Agenda July 24, 2018 – Page 302 of 534 16 of 21 CommDevGraphs Meridian City Council Meeting Agenda July 24, 2018 – Page 303 of 534 City of Meridian IMPACT FUND BALANCE as of 6/30/18 Account # Account Description Total Budget - Original Total Budget - Revised Current Year Actual Budget Remaining 2110 - Police Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 92,684 $ (92,684) $ 34780 Commercial Impact Revenue 20,000 $ -$ 66,336 $ (46,336) $ 34781 Residential Impact Revenue 176,436 $ -$ 241,060 $ (64,624) $ 36100 Interest Earnings -$ -$ 9,052 $ (9,052) $ Total REVENUES 196,436 $ -$ 409,132 $ (212,696) $ TOTAL EXPENDITURES -$ -$ -$ -$ 2210 - Fire Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 278,815 $ (278,815) $ 34780 Commercial Impact Revenue 60,000 $ -$ 232,764 $ (172,764) $ 34781 Residential Impact Revenue 500,000 $ -$ 695,286 $ (195,286) $ 36100 Interest Earnings -$ -$ 28,363 $ (28,363) $ Total REVENUES 560,000 $ -$ 1,235,228 $ (675,228) $ 54000 Equipment & Supplies 20,000 $ -$ -$ 20,000 $ 55000 Professional Services -$ 18,840 $ -$ 18,840 $ 92000 Cap Outlay - Bldgs & Structures 3,548,000 $ 423,500 $ 72,299 $ 3,899,201 $ 94120 Capital - Fire Trucks 718,500 $ (5,240) $ 52,265 $ 660,995 $ 94600 Capital - Communication Equipment -$ 31,240 $ 31,240 $ -$ TOTAL EXPENDITURES 4,286,500 $ 468,340 $ 155,804 $ 4,599,037 $ 5200 - Parks & Recreation REVENUES 34777 Impact Rev - Multifamily -$ -$ 492,155 $ (492,155) $ 34781 Residential Impact Revenue 1,038,000 $ -$ 1,474,180 $ (436,180) $ 36100 Interest Earnings 15,000 $ -$ 102,793 $ (87,793) $ Total REVENUES 1,053,000 $ -$ 2,069,128 $ (1,016,128) $ 55000 Professional Services -$ 30,800 $ -$ 30,800 $ 55102 Investment Services -$ -$ 1,704 $ (1,704) $ 93415 Borup Property construction 156,699 $ -$ 1,538 $ 155,161 $ 96925 Keith Bird Legacy Park construction 1,268,970 $ (696,726) $ 288,936 $ 283,308 $ 96927 77 acre South Park 3,585,115 $ 335,411 $ 2,018,431 $ 1,902,096 $ 96928 Reta Huskey Park 1,104,773 $ (902,538) $ 123,488 $ 78,747 $ 96929 Hillsdale Park Construction 1,311,096 $ (762,415) $ 378,893 $ 169,788 $ -$ TOTAL EXPENDITURES 7,426,654 $ (1,995,467) $ 2,812,990 $ 2,618,197 $ TOTAL BUDGETED EXPENDITURES for FY2018 11,713,154 $ Dept FY2018 beginning fund balance FY2018 net change YTD Fund Balance YTD Police Department $ 1,172,284 409,132 $ 1,581,416 $ Fire Department $ 5,108,042 1,079,424 $ 6,187,467 $ Parks & Recreation $ 6,263,470 (743,863) $ 5,519,608 $ TOTAL IMPACT FUND BALANCE 12,543,797 $ 744,694 $ 13,288,491 $ 17 of 21 ImpactFundMeridian City Council Meeting Agenda July 24, 2018 – Page 304 of 534 18 of 21 OT Meridian City Council Meeting Agenda July 24, 2018 – Page 305 of 534 City of Meridian Volunteer Hours FY2018 for Month Ending 6/30/2018 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 409 73 86 166 319 31 40 1,122 1,683 December 706 73 128 74 214 56 20 1,271 2,317 January 299 70 116 41 283 35 32 875 1,083 February 318 70 129 202 462 67 39 1,287 1,376 March 471 70 136 39 225 69 42 1,052 1,146 April 846 70 120 29 270 68 30 1,433 1,159 May 1,179 70 148 40 689 67 40 2,233 1,697 June 806 64 126 34 191 59 37 1,317 1,735 July 0 August 0 September 0 TOTAL 5,990 630 1,144 958 3,048 513 322 12,604 15,166 GRAND TOTAL YTD 12,604 19 of 21 VolunteersMeridian City Council Meeting Agenda July 24, 2018 – Page 306 of 534 City of Meridian Includes 21 Bldgnew FTE Positions Vacancy Report as of July 5, 2018 Vacancy Report as of July 5, 2018 Vacancy Report as of July 5, 2018 Vacancy Report as of July 5, 2018 Position Position Position Position Position Number Position Number Position Number Position Number FTE FTE FTE FTE Fund Fund Fund Fund Department Department Department Department HR Status HR Status HR Status HR Status Position Vacant Date Position Vacant Date Position Vacant Date Position Vacant Date Position Posted Position Posted Position Posted Position Posted Date Date Date Date Position Start Position Start Position Start Position Start Date Date Date Date Development Analyst I 522 1 Enterprise PW No Request to Fill at This Time New position as of 10/01/2017 Not yet requested Not yet filled SCADA System Administrator 527 1 Enterprise PW Interviews in Progress New position FY18 Budget Amendment 3/12/2018 Not yet filled Water Operator II 425 1 Enterprise PW-Water Offer Accepted 5/24/2018 5/26/2018 6/25/2018 Collection System Technician 281 1 Enterprise PW-WW Accepting Applications 6/21/2018 5/26/2018 Not yet filled Collection System Technician 321 1 Enterprise PW-WW Accepting Applications 5/24/2018 5/26/2018 Not yet filled Instrument Technician 322 1 Enterprise PW-WW Offer Accepted 3/2/2018 3/5/2018 TBD Building Inspector I 528 1 General Building Offer Accepted New Position 05/08/2018 5/9/2018 7/9/2018 Building Inspector I 529 1 General Building Offer Accepted New Position 05/08/2018 5/9/2018 7/23/2018 Building Inspector I 530 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Inspector I 531 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Inspector I 532 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Inspector II 533 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Inspection Supervisor 534 1 General Building Offer Accepted New Position 05/08/2018 5/9/2018 7/23/2018 Administrative Assistant I - Building 535 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Plans Examiner I 536 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Plans Examiner I 537 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Plans Examiner II 538 1 General Building Accepting Applications New Position 05/08/2018 5/9/2018 Not yet filled Electrical Plans Examiner 539 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Plans Examiner 540 1 General Building Accepting Applications New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspection Supervisor 541 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector I 542 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector I 543 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector I 544 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector II 545 1 General Building Accepting Applications New Position 05/08/2018 5/9/2018 Not yet filled Administrative Assistant I - Electrical 546 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Customer Support Specialist 548 1 General Building Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Facilities Project Manager 300 1 General City Hall Offer Accepted 8/25/2017 3/20/2018 7/9/2018 Firefighter Captain 14 1 General Fire Testing in Progress 4/30/2018 02/02/2018 per CLA 7/11/2018 Firefighter Captain 120 1 General Fire Testing in Progress 6/6/2018 02/02/2018 per CLA 7/11/2018 Deputy Chief Operations 227 1 General Fire Reposting position. First round of interviews unsuccessful 4/13/2018 4/16/2018 Not yet filled Firefighter 273 1 General Fire No Request to Fill at This Time 4/21/2018 Not yet requested Not yet filled Administrative Assistant I 266 1 General Mayor Offer Accepted 4/20/2018 4/24/2018 7/16/2018 Senior Maintenance Technician 504 1 General Parks No Request to Fill at This Time New position as of 10/01/2017 6/26/2018 Not yet filled Police Officer 32 1 General Police Position Reposted 05/15/2018 Testing Scheduled 08/04/2018 10/21/2017 11/16/2017 Not yet filled Police Officer 37 1 General Police Position Reposted 05/15/2018 Testing Scheduled 08/04/2018 11/2/2017 11/16/2017 Not yet filled Police Officer 336 1 General Police Position Reposted 05/15/2018 Testing Scheduled 08/04/2018 10/21/2017 11/16/2017 Not yet filled Police Officer 341 1 General Police Position Reposted 05/15/2018 Testing Scheduled 08/04/2018 3/15/2018 5/15/2018 Not yet filled Code Enforcement Supervisor 478 1 General Police Offer Accepted 4/3/2018 3/22/2018 7/9/2018 Police Officer 511 1 General Police Offer Accepted New position as of 10/01/2017 4/4/2017 7/9/2018 Police Officer 512 1 General Police Offer Accepted New position as of 10/01/2017 11/16/2017 7/9/2018 Police Officer 513 1 General Police Offer Accepted New position as of 10/01/2017 4/4/2017 7/9/2018 Police Officer 514 1 General Police Offer Accepted New position as of 10/01/2017 11/16/2017 7/9/2018 Police Officer 515 1 General Police Offer Accepted New position as of 10/01/2017 11/16/2017 7/9/2018 Police Officer 516 1 General Police Offer Accepted New position as of 10/01/2017 11/16/2017 7/9/2018 Code Enforcement Officer 517 1 General Police Accepting Applications New position as of 10/01/2017 6/26/2018 Not yet filled TOTAL FTE TOTAL FTE TOTAL FTE TOTAL FTE 45 45 45 45 20 of 21 VacantPositions Meridian City Council Meeting Agenda July 24, 2018 – Page 307 of 534 Ci t y o f M e r i d i a n In t e r f u n d T r a n s f e r s FY 2 0 1 8 Ef f e c t i v e D a t e Ge n e r a l F u n d Enterprise Fund tr a n s f e r e x p e n s e t o E N T E R P R I S E F U N D ( w a t e r & s e w e r fu n d ) 15 % o f M a y o r ' s O f f i c e p e r s o n n e l c o s t s (e x c e p t M a y o r w a g e & b e n e f i t s ) t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 1 0 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f F i n a n c e e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 0 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f H R e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 2 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f I T e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 4 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f L e g a l e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 1 2 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f I T C a p i t a l e x p e n s e t r a n s f e r t o E n t e r p r i s e F u d FY 2 0 1 6 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e tr a n s f e r C i t y H a l l c o s t s t o t h e f o l l o w i n g : 13 % F i r e D e p a r t m e n t i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 8. 4 2 % P a r k s & R e c r e a t i o n i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 12 . 9 2 % C o m m u n i t y D e v e l o p m e n t i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 23 . 0 8 % P u b l i c W o r k s i n t h e E n t e r p r i s e F u n d FY 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Pe r s o n n e l T r a n s f e r s : Bl d g D e p t M g r 5 0 % f r o m B u i l d i n g D e p a r t m e n t t o P u b l i c W or k s F Y 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Ca p i t a l P r o j e c t s M g r 5 0 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Co m m u n i c a t i o n s M g r 5 0 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 0 3 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e St r a t e g i c A n a l y s t 50 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 1 8 (r e d u c e s e x p e n s e ) increases expense 21 o f 2 1 Transfers Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 3 0 8 o f 5 3 4 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 7Q Project/File Number: Item Title: AP Invoices for Payment 7/25/18 - $2,338,221.79 Meetina Notes 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 Kevin Holmes-name plate & badge for meetings 17.00 01 General Fund A-CORE OF BOISE, INC.cut walls for ADA compliance at Seasons Park on 6/25/18 805.00 01 General Fund ABOUT THE KIDS, INC.instructor fee - Lacrosse 6/25/18 - qty 11 158.40 01 General Fund ABSOLUTE SECURITY OF IDAHO 6/29/18 Settlers Movie Night security - qty 4 staff 272.00 01 General Fund ACCELA, INC.18-0418 Accela Mobile User & Land Mgmt Lic & Annual Maint 44,211.96 01 General Fund AXON ENTERPRISE INC Tasers, Taser Holsters, & Cartridges for New Hires - Qty 21 1,900.00 01 General Fund BIG VALLEY SUPPLY foamer for all sites & injection quill - qty 6 226.60 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321 softball umpire services 6/25-6/29/18 x 49 games 2,343.18 01 General Fund BOWERS AUTO REPAIR 220/filer,bulb,washer fluid, oil, replace axle shaft MF035 456.72 01 General Fund BRICON, INC 18-0209 pay #2 Linder Road Sidewalk Widening Connection 51,984.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Replaced Fuse Holders & Fuses for Storey Park Ballfield Ligh 282.50 01 General Fund BROWN BUS COMPANY Sum Camp Bus- Discov Elem to Discovery Ctr/Kleiner Prk -Wk 2 304.75 01 General Fund BROWN BUS COMPANY Sum Camp Bus-Willow Cr Elem to Discovery Ctr/Kleiner Prk-Wk1 327.25 01 General Fund BROWN BUS COMPANY Summer Camp Bus - Disc Elem to Settlers Prk/Planetarium-Wk 1 266.50 01 General Fund BROWN BUS COMPANY Summer Camp Bus- Siena Elem to Old Idaho Penitentiary-Week 1 323.50 01 General Fund BROWN BUS COMPANY Summer Camp Bus-Willow Cr Ele to Old Idaho Penitentiary-Wk 2 294.25 01 General Fund BROWN BUS COMPANY Summer Camp Bus-Willow Cr Elem to Discovery Ctr/Kleiner-Wk 3 285.50 01 General Fund BROWN BUS COMPANY Summer Camp Bus-Willow Cr Elem to Settlers/Planetarium-Wk 3 277.00 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Discovery Elem to Homecourt - Week 2 221.75 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Discovery Elem to Homecourt - Week 3 221.75 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Discovery Elem to Homecourt -Week 1 204.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Discovery Elem to Kleiner Park - Week 3 261.50 Date: 7/19/18 11:56:00 AM Page: 1Meridian City Council Meeting Agenda July 24, 2018 – Page 310 of 534 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 BROWN BUS COMPANY Summer Camp Busing - Discovery Elem to Settlers Park -Week 1 259.75 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Discovery Elem to Settlers Park -Week 2 261.50 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Siena Elem to Homecourt - Week 3 209.50 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Siena Elem to Settlers Park - Week 2 249.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Siena Elem to Settlers Park - Week 3 247.50 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Siena Elem to Settlers Park -Week 1 249.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Willow Cr Elem to Homecourt -Week 1 218.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Willow Cr Elem to Settlers Park -Week 1 256.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Willow Creek Elem to Homecourt - Week 3 220.00 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Willow Crk Elem to Homecourt -Week 2 218.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Willow Crk Elem to Kleiner Park -Week 2 275.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing - Willow Crk Elem to Settlers Park-Week 3 256.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing, 4 Hrs - Siena Elem to Homecourt - Week 2 190.50 01 General Fund BROWN BUS COMPANY Summer Camp Busing, 4.5 Hr - Siena Elem to Homecourt -Week 1 211.25 01 General Fund BROWN BUS COMPANY Summer Camp Busing-Discovery Elem to Old Penitentiary-Week 3 316.75 01 General Fund BROWN BUS COMPANY Summer Camp Busing-Siena Elem to Settlers/Planetarium-Week 2 247.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Coolant Leak Repair for Unit # 131 165.63 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 18 oil change & tire rotation - license C13785 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change and Battery for Unit # 164 262.38 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 167 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Front/Rear Brakes, Fuel Injector for Unit #3 1,021.87 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tires for box trailer #2 - qty 2 188.82 Date: 7/19/18 11:56:00 AM Page: 2Meridian City Council Meeting Agenda July 24, 2018 – Page 311 of 534 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 CALIFORNIA BUILDING OFFICIALS Registration, P. Middleton, CALBO Educ Week, Ontario CA, 500.00 01 General Fund Campbell Tractor Co.1445 mower ball bearings for Settlers Park & inventory-qty 4 51.44 01 General Fund Campbell Tractor Co.997 mower blades for Kleiner Park - qty 6 139.92 01 General Fund Campbell Tractor Co.997 mower straps for Settlers & inventory - qty 2 28.84 01 General Fund Campbell Tractor Co.Bowl & Drain Valve for Settlers Prk John Deere 997 mowr-qty2 48.34 01 General Fund Campbell Tractor Co.seal kit & hydraulic motor for John Deere 1600 #2 mower x 2 877.23 01 General Fund CDW GOVERNMENT Zebra 72in USB to RJ45 Cables for Unit# 103 & #104 - Qty 2 45.76 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 18-0084, City Prosecutor/Criminal Legal Services - July 2018 29,975.49 01 General Fund COLLEGE OF WESTERN IDAHO ID# 0292594, Scholarship for Michaela George, Fall 2018 1,000.00 01 General Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 4th Quarter 3,611.75 01 General Fund CORWIN FORD keys for fleet truck 32 - qty 2 98.68 01 General Fund CORWIN FORD steps for fleet truck 32 359.10 01 General Fund D & B SUPPLY Dog Food for K9 Dory - Qty 1 Bag 47.99 01 General Fund D & B SUPPLY Dog Food for K9 Wyatt - Qty 2 Bags 86.38 01 General Fund D & B SUPPLY parts for fleet truck 32 hitch hookup - qty 2.87 29.80 01 General Fund DISCOVERY BENEFITS 18-0157 COBRA & FSA, Qty 606 - June 2018 1,155.75 01 General Fund DISCOVERY BENEFITS Flex Deductions - July 2018 21,022.23 01 General Fund DONE RITE TREE CO.Chestnut tree pruning on Pine Street 600.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO light bulbs for all parks - qty 30 77.26 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO photo cell for Settlers Park - qty 1 14.61 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Emergency Lights Repair for Unit # 526 278.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 6/1-6/29/18 - qty 24 732.00 01 General Fund FERGUSON ENTERPRISES INC.sinks for ADA compliance at Chateau Park - qty 2 2,549.80 01 General Fund FIRE EXTINGUISHER CO 220/recharge fire extinguisher 47.00 01 General Fund FRANKLIN BUILDING SUPPLY trim board for Settlers Park pumphouse - qty 3 83.97 01 General Fund GLASS DOCTOR Windshield Replacement for Unit # 119 316.26 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Star Wars Art 1 6/25-6/28/18 - qty 8 384.00 01 General Fund HIGHLAND GOLF Settlers golf cart diagnostic & cleaning 100.98 01 General Fund HOME DEPOT CREDIT SERVICES 220/Duct tape for St. 4, qty 2 15.94 01 General Fund HOME DEPOT CREDIT SERVICES door alarms, screws for scoreboard consoles, batteries x 3 30.88 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 5053386 (1.75) Date: 7/19/18 11:56:00 AM Page: 3Meridian City Council Meeting Agenda July 24, 2018 – Page 312 of 534 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 HORIZON DISTRIBUTORS INC blades, weed eater heads, parts - qty 26 623.63 01 General Fund HORIZON DISTRIBUTORS INC credit on edgers & blowers for Settlers Park - qty 5 (2,007.85) 01 General Fund HORIZON DISTRIBUTORS INC edgers & blowers for Settlers Park - qty 5 1,655.95 01 General Fund HORIZON DISTRIBUTORS INC Kleiner Exmark mower #1 oil & filters - qty 5 112.40 01 General Fund HORIZON DISTRIBUTORS INC small engine part for Shindaiwa - qty 1 9.96 01 General Fund IDAHO CHILD SUPPORT RECEIPTING A. Rudan, Case# 340303, Child Support July 2018 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Caldwell, Case# 251042, Child Support July 2018 245.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING G. Stark, Case# 352890, Child Support July 2018 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING J. Overton, Case# 416457, Child Support July 2018 328.57 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Gould, Case# 321962, Child Support July 2018 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Payne, Case# 311213, Child Support July 2018 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING T. Bryner, Case# 262519, Child Support July 2018 1,174.00 01 General Fund IDAHO POWER 2200773816, City Hall Power July 2018 8,933.00 01 General Fund IDAHO POWER 2203586629, Street Lights Power - June 2018 28,136.43 01 General Fund IDAHO STATE POLICE Access Fee County of Municipal ILETS July-Sept 2018, User Fe 3,125.00 01 General Fund IDAHO STATESMAN SUBSCRIPTIONS BOI-76390648,Newspaper Subscription Renewal, 7/29/18-7/28/19 488.80 01 General Fund ILMO PRODUCTS COMPANY INC Gas for BAC Testing 150.00 01 General Fund IMPACT PEST SERVICES Ten Mile Interchange vole control 6/12/18 250.00 01 General Fund IMPACT PEST SERVICES Ten Mile Interchange vole control 6/27/18 250.00 01 General Fund KATHY DRURY-BOGLE, PHR 18-0145, EDP - May 2018 & Reg, L. Berg, Train The Trainer Co 4,000.00 01 General Fund KB FABRICATION & WELDING INC.220/sheet metal for kitchen island cover, St. 2 204.51 01 General Fund KQXR, KJOT, KRVB, KTHI 2018 Gene Kleiner Day ads 6/1-6/9/18 300.00 01 General Fund KQXR, KJOT, KRVB, KTHI Summer Camp ads 5/15-6/3/18 500.00 01 General Fund LAKEVIEW GOLF COURSE instructor fee - Golf 6/12-6/29/18 - qty 24 1,440.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 6/4-6/25/18 - qty 3 72.00 01 General Fund LAWN CO MAINTENANCE 18-0289 price code 1/landscape maintenance contract 07/2018 20,621.00 01 General Fund LES SCHWAB TIRE CENTER Settlers Park John Deere mower #7 tires - qty 2 124.32 01 General Fund LES SCHWAB TIRE CENTER tires for Kleiner Park golf cart - qty 2 108.32 01 General Fund LEXIS NEXIS On Line legal research - June 2018 118.00 01 General Fund LISA JOHNSON COUNSELING AND CONSULTING, LLC Officer Involved Shooting Mental Screening - Qty 2 250.00 01 General Fund MARK NIEMEYER Reimb, M. Niemeyer, Work Shoes - Qty 1 Pair 59.99 01 General Fund MASTERCARD MC Fire#1, #0737, 6/29/18 Statement -(68.78) 01 General Fund MASTERCARD MC Fire#2, #0745, 6/29/18 Statement -(8.16) 01 General Fund MASTERCARD MC Pre-Pay Com-Dev, #0876, Low Balance as of 7/16/18 2,200.00 Date: 7/19/18 11:56:00 AM Page: 4Meridian City Council Meeting Agenda July 24, 2018 – Page 313 of 534 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 MASTERCARD MC Pre-Pay IT, #0553, Low Balance as of 7/19/18 7,000.00 01 General Fund MASTERCARD Refund of Credit on MC Fire#1, #0737, 6/29/18 Statement 68.78 01 General Fund MASTERCARD Refund of Credit on MC Fire#2, #0745, 6/29/18 Statement 8.16 01 General Fund MEMORIAL MONUMENTS, INC.engraving for Kleiner Park Memorial Plaza pavers - qty 4 200.00 01 General Fund MERIT PROFESSIONAL COATING - BOISE, INC. 18-0309, City Hall painting service 6/1-6/30/18 16,846.83 01 General Fund MINUTEMAN, INC.change combinations at Homecourt 115.00 01 General Fund MODERN PRINTERS Business Cards for R. Rhodes & M. Moeller & Letterhead 315.00 01 General Fund MODERN PRINTERS Cutting & Folding of Newsletters - Qty 18,000 224.00 01 General Fund MOTIONS DANCE STUDIO instructor fee - Cheer Skill Clinic 7/5/18 - qty 10 48.00 01 General Fund MOTIONS DANCE STUDIO instructor fee - Tumble & Flip 6/25-6/28/18 - qty 15 396.00 01 General Fund NAGE Union Dues Local R-14-687, July 2018 28.00 01 General Fund NAPA AUTO PARTS rubbing compound, wax, cloth - qty 3 39.06 01 General Fund NAPA AUTO PARTS Wiper Blades for Unit # 28 19.86 01 General Fund NEW CAVANAUGH LLC Release, Surety-2017-0141, Caven Ridge East Sub No1, Perfoma 104,115.00 01 General Fund NORCO cylinder rental for welding gas, qty 4 - June 2018 40.80 01 General Fund OFFICE DEPOT, INC.brass fasteners - qty 1 box 2.39 01 General Fund OFFICE DEPOT, INC.Copy Paper and Blue File Folders for HR office - Qty 2 43.08 01 General Fund OFFICE DEPOT, INC.Disinfection Wipes - Qty 1 Pk 21.73 01 General Fund OFFICE DEPOT, INC.dog park signs for July 4th event - qty 3 5.60 01 General Fund OFFICE DEPOT, INC.key tags & label maker tape - qty 3 26.63 01 General Fund OFFICE DEPOT, INC.MoneyTray,Rubberbands,SheetProtectors,Folders,Divi...101.25 01 General Fund OFFICE DEPOT, INC.Paper Plates - Qty 1 Case 22.05 01 General Fund OFFICE DEPOT, INC.Posted Stamp for Laura Lee Berg 4.54 01 General Fund OFFICE DEPOT, INC.printer toner for Summer Camp - qty 1 50.99 01 General Fund OFFICE DEPOT, INC.White Board for Evidence 16.19 01 General Fund OFFICE TEAM 18-0318, Temp Labor, J. Hale, W/E 6/22/18, 32 Hrs - Record R 591.68 01 General Fund OFFICE TEAM 18-0318, Temp Labor, J. Hale, W/E 6/29/18, 27.5 Hrs - Rec Re 508.48 01 General Fund OFFICE TEAM 18-0318, Temp Labor, J. Hale, W/E 7/13/18, 27.5 Hrs - Rec 508.48 01 General Fund OFFICE TEAM 18-0318, Temp Labor, J. Hale, W/E 7/6/18, 24.25 Hrs - Rec Re 448.38 Date: 7/19/18 11:56:00 AM Page: 5Meridian City Council Meeting Agenda July 24, 2018 – Page 314 of 534 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 OGLETREE, DEAKINS, NASH, SMOAK, & STEWART Legal Services for Fire Contract Negotiations Thru 5/31/18 270.00 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning for Officer Uniforms, Qty 200 - June 2018 1,000.00 01 General Fund PLATT ELECTRIC SUPPLY 60 fluorescent Lamps for PD Admin Bldg 157.20 01 General Fund PORTAPROS, LLC portable toilets for Jabil fields 7/2/18 498.00 01 General Fund PRECISION PUMPING SYSTEMS Heroes Park pump station start up on 6/15/18 165.00 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 6/3-6/24/18 - qty 17 272.00 01 General Fund RICOH USA, INC C86121202, Copier Lease for PSTC - July 2018 275.76 01 General Fund RICOH USA, INC C86172112, Copier Lease for Records - July 2018 162.69 01 General Fund RICOH USA, INC C86172150, Copier Lease for Patrol - July 2018 273.94 01 General Fund RICOH USA, INC C86172157, Copier Lease for CID - July 2018 251.89 01 General Fund RICOH USA, INC C86172509, Copier Lease for CODE - July 2018 111.22 01 General Fund RICOH USA, INC c86173707 addt'l pgs 5/29-6/28/18 b/w=5175, color=4531 268.99 01 General Fund RICOH USA, INC C86173707-7/1-31/18 monthly lease 361.41 01 General Fund RMT EQUIPMENT mower repair parts for 700, 311, 1600- qty 20 475.09 01 General Fund RODDA PAINT COMPANY picnic table paint - qty 2 379.54 01 General Fund RUGBY IDAHO INC instructor fee - Rookie Rugby Clinic 6/26-6/29/18 - qty 18 648.00 01 General Fund SCHINDLER ELEVATOR CORP Elevator Quarterly Maintenance 7/1/18-9/30/18 1,590.00 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 6/6-6/27/18 - qty 4 89.60 01 General Fund SHRED-IT USA, LLC.Document Shredding for HR - June 2018 56.27 01 General Fund SIGNS, ETC Replace & Update Vehicle Graphics for Unit # 156 1,044.00 01 General Fund SILVER CREEK SUPPLY sprinkler parts for Kleiner Park - qty 112 657.28 01 General Fund SIMPLOT PARTNERS 18-0403 Gypsum - qty 10.085 totes 3,350.44 01 General Fund SIMPLOT PARTNERS 18-0403 Gypsum - qty 7.71 totes 2,561.42 01 General Fund SOUTHEASTERN SECURITY CONSULTANTS, INC. background checks for concessionaires & volunteers - qty 9 166.50 01 General Fund SWANK MOTION PICTURES, INC.Settlers movie night licenses 7/20-8/30/18 - qty 6 3,768.00 01 General Fund SYNCB/AMAZON coin sorter/counter/roller - qty 1 185.99 01 General Fund SYNCB/AMAZON LG Electronics 8x USB 2.0 Super Multi Ultra Slim Portable DV 56.36 01 General Fund SYNCB/AMAZON Rankie DisplayPort to HDMI Cable, AmazonBasics Mini Displayp 823.41 01 General Fund SYNCB/AMAZON Shoretel Shorephone BB24 Certified Refurbished for C. Ey 195.00 01 General Fund SYNCB/AMAZON Vivo Dual LCD LED Monitor Desk Mount Stand Heavy Duty Fully 269.73 01 General Fund SYRINGA NETWORKS, LLC 18-0041 Dark Fiber (4Strands) Lease - July 2018 1,150.00 Date: 7/19/18 11:56:00 AM Page: 6Meridian City Council Meeting Agenda July 24, 2018 – Page 315 of 534 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 SYRINGA NETWORKS, LLC Internet B/W (100MB)790.00 01 General Fund Tami J Leach instructor fee - Pickleball 6/7-6/28/18 - qty 5 240.00 01 General Fund TATES RENTS (GENERAL OFFICE)tree limb chipper rental for various sites 7/3/18 200.55 01 General Fund TATES RENTS (GENERAL OFFICE)tree limb chipper rental for various sites 7/5/18 150.32 01 General Fund TENZINGA Tenzinga Performance Managmeent Annual License Fee (annual p 480.00 01 General Fund THE LAND GROUP, INC.professional services for park maps - June 2018 1,515.00 01 General Fund THE UPS STORE mail TRC cards for repair 11.35 01 General Fund THE UPS STORE Postage to send Evidence to Lab 94.64 01 General Fund THE UPS STORE Shipping Charge to send Drone for Repair 12.00 01 General Fund TREASURE VALLEY CHILDREN'S THEATER instructor fee - Seussical Camp 6/25-6/29/18 - qty 8 633.60 01 General Fund TREASURE VALLEY COFFEE Coffee, Tea, Cream, Sugar, Stir Sticks, Cups & Cooler Rental 191.37 01 General Fund TREASURE VALLEY TENNIS ASSOCIATION instructor fee - Tennis 6/19-6/28/18 - qty 106 2,713.60 01 General Fund TWO OCEAN PRINT Summer Camp shirts - qty 30 127.50 01 General Fund UNIFORMS 2 GEAR Bike Uniform Embroidery for L. Sunada - Qty 2 5.90 01 General Fund UNION PACIFIC RAILROAD CO 18-0015, UPRR - South Parking Lot Lease FY18 - August 2018 1,743.41 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 July 2018 Donations 431.18 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 742047228-00001 Parks HPN Modems FY18, 6/2/18-7/1/18 161.84 01 General Fund WAHOOZ FAMILY FUN ZONE Res# 2606033000, 20% Dep for Annual City Meeting, 11/7/18 1,189.55 01 General Fund WASHINGTON ASSOC OF BUILDING OFFICIALS 2018 mbrship dues for Com-Dev 185.00 01 General Fund WHITTENBERGER PLANETARIUM Camp Mer-Ida-Moo to planetarium - qty 125 375.00 01 General Fund WIENHOFF & ASSOCIATES, INC 18-0196 Drug/Alcohol Testing - June 2018 480.00 01 General Fund WILBUR-ELLIS CO.18-0404 herbicide & pesticides-Meridian, Rodeo, Onyx Pro; 25 1,846.75 01 General Fund WILBUR-ELLIS CO.18-0404 Meridian pesticide - qty 33 BO 15,483.60 01 General Fund WILBUR-ELLIS CO.Billed to Wrong Account, See Credit on Inv# 11878433 377.50 01 General Fund WILBUR-ELLIS CO.Credit for Incorrect Account Billing, See Orig Inv# 11873010 (377.50) 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST July 2018 MERP Contributions 3,800.00 01 General Fund WW GRAINGER, INC 220/batteries, 5 pks, & mop bucket with wringer 93.83 01 General Fund WW GRAINGER, INC 220/drum tap for 55 gal container of DEF, roofing nails 19.80 01 General Fund WW GRAINGER, INC 220/lockout kit, batteries - qty 2 152.63 01 General Fund WW GRAINGER, INC 220/tire gauge 19.22 Date: 7/19/18 11:56:00 AM Page: 7Meridian City Council Meeting Agenda July 24, 2018 – Page 316 of 534 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 XEROX CORPORATION - PASADENA MX4-506016,Xerox 7845,Copier Lease 6/1 & Copies 5/21-6/20/18 599.93 01 General Fund YOUNG REMBRANDTS instructor fee-African Safari,Draw/Cartoon 6/25-6/29/18 x 18 1,032.00 Total 01 General Fund 439,397.96 07 Impact Fund CANO ROOFING 18-0237, Roofing @ Discovery Park, Service to 6/30/18 31,474.45 07 Impact Fund DEBEST PLUMBING, INC 18-0242, Plumbing @ Discovery Park - Service to 6/30/18 1,833.40 07 Impact Fund KREIZENBECK, LLC 18-0223 CM svcs & general conditions-Discovery Park-pay 6 27,959.78 07 Impact Fund LANDON ENTERPRISES 18-0249, BP4 Concrete for Discovery Park, Service to 6/30/18 57,000.00 07 Impact Fund POWER PLUS, INC.18-0243. Electrical for Discovery Park - Service to 6/30/18 28,699.50 07 Impact Fund STRATA, INC.18-0306 materials testing at Discovery Park 6/6-7/6/18 536.75 07 Impact Fund STRATA, INC.220/Plan Spec & Review, St. 6 750.00 07 Impact Fund THE LAND GROUP, INC.16-0355 A & E design services for Discovery Park - June 2018 6,450.00 07 Impact Fund TVR INC 18-0252, HVAC @ Discovery Park, Service to 6/30/18 4,997.00 Total 07 Impact Fund 159,700.88 20 Grant Fund governmental CITY OF BOISE PLANNING & DEVELOPMENT SERVICES Reimb, CDBG Fair Housing Advertising Campaign, Spring Conf 4,300.00 20 Grant Fund governmental IDAHO STATESMAN CDBG PY18 Action Plan Notice - June 2018 104.24 20 Grant Fund governmental MURRAYSMITH INC 18-0199, CDBG W Chateau Streetlight Design, Serv to 5/31/18 457.50 Total 20 Grant Fund governmental 4,861.74 55 Capital Projects IDAHO CORRECTIONAL INDUSTRIES 18-0441, Swing Door in Front Lobby Counter 1,600.00 Total 55 Capital Projects 1,600.00 60 Enterprise Fund 4345 LINDER ROAD LLC Release, Surety-2016-0058, Decatur Estates Sub, Warr Surety 42,667.84 Date: 7/19/18 11:56:00 AM Page: 8Meridian City Council Meeting Agenda July 24, 2018 – Page 317 of 534 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 A-1 STAMP & MABEL'S LABELS Name Badge for J. Smith, T. Parrish, A. Wilch, J. Rodreguez 40.00 60 Enterprise Fund AERO CONSTRUCTION Refund, 3698001701, Dumpster, 37 E Calderwood Dr, Account Cl 801.50 60 Enterprise Fund ALISE LODGE Refund, 020207502, Wat/Sew/Trash, 4079 W Lost Rapids Dr, Tit 36.03 60 Enterprise Fund ANALYTICAL LABORATORIES INC.18-0366 Water Sampling FY18 Qty 108 1,641.60 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Reuse testing (3 tests)75.00 60 Enterprise Fund AVAYA, INC.Service Agreements, Hardware 236.91 60 Enterprise Fund BHS SPECIALTY CHEMICALS 18-0055 Defoam it (1,200#)2,640.00 60 Enterprise Fund BOISE RIGGING SUPPLY Full Brim White Hard Hats Qty 6 191.88 60 Enterprise Fund BOISE RIGGING SUPPLY Trailer Tie down repair-Transport Chain & Hook Clevis A11160 147.97 60 Enterprise Fund BONNIE & CRAIG MASSON Refund, 2404209804, Wat/Sew/Trash, 2351 W Santa Clara Dr, Ti 109.61 60 Enterprise Fund BROWN & CALDWELL 18-0065,WRRF Capacity Exp,Eng Service 4/27-5/24/18 41,453.13 60 Enterprise Fund BROWN & CALDWELL 18-0284,WRRF Headworks upgrades,eng service 4/27-5/24/18 31,692.18 60 Enterprise Fund BUSY BEE SAND & GRAVEL, INC.3/4inch Road Mix Delivery Qty 72.01 687.66 60 Enterprise Fund CATHERINE MARTIN Refund, 4650000503, Wat/Sew/Trash, 4253 S Overhill Way, Titl 71.28 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384,WRRF Headworks PLC integration thru June 2018 16,721.90 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0180 SCADA PLC programming, troubleshooting (57.8 hrs) 8,287.04 60 Enterprise Fund CHRISTOPHER BROER Refund, 1632130202, Wat/Sew/Trash, 387 W Woodbury Dr, Title 202.71 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0130,ACHD Linder/Ustick-McMillan design 6/1-6/30/18 1,335.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0132,ACHD Linder/Cayuse-Chinden,surveying 6/1-6/30/18 2,272.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0334,Victory/TenMile Watermain Ext,Consult 6/1-6/30/18 10,157.00 60 Enterprise Fund COASTLINE EQUIPMENT COMPANY John Deer 310SK Oil Change & Replaced Fuel Filters - Qty 2 571.40 60 Enterprise Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 4th Quarter 7,223.50 60 Enterprise Fund CONDOC Well32,WRRF,Well22,WRRF BRO, Inv. services June 2018 234.95 60 Enterprise Fund CONTAINER MANAGEMENT SERVICES LLC Disposal of Chemicals - Qty 340 Gallons 2,720.00 Date: 7/19/18 11:56:00 AM Page: 9Meridian City Council Meeting Agenda July 24, 2018 – Page 318 of 534 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund D & B SUPPLY Measuring wheel, shovel for new inspector - qty 2 122.98 60 Enterprise Fund D & B SUPPLY Sub Utility Pump Qty 1 99.99 60 Enterprise Fund DALE VANDERGRIFF Refund, 2250176203, Wat/Sew/Trash, 1434 N Meridian Rd, Custo 103.13 60 Enterprise Fund DANIEL & BARBARA MASON Refund, 0550321102, Wat/Sew/Trash, 5745 N Rosa Springs Ave, 79.29 60 Enterprise Fund DAVID & SHARON FORS Refund, 1910173702, Wat/Sew/Trash, 4270 E Granger Dr, Title 40.68 60 Enterprise Fund DC ENGINEERING 17-0405,WRRF Electrical Dist. engineer service as of 6/15/18 3,850.00 60 Enterprise Fund DC ENGINEERING 18-0176 SCADA const admin & site observation Thru 6/15/18 825.00 60 Enterprise Fund DEBBIE CLEAVER Refund, 1730010601, Wat/Sew/Trash, 2434 N Locust Grove Rd, B 50.60 60 Enterprise Fund DEPT OF HEALTH & WELFARE Chlorophylla testing for NPDES (9 tests)675.00 60 Enterprise Fund DEUTSCHE BANK Refund, 0920011002, Wat/Sew/Trash, 964 W Ashton Dr, Customer 156.77 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Qty 1063 1,899.19 60 Enterprise Fund DISCOVERY BENEFITS Flex Deductions - July 2018 6,226.06 60 Enterprise Fund EL-ADA, INC.El-Ada June 2018, Meridian Cares Program, Qty 8 56.00 60 Enterprise Fund EWING CO., INC.18-0205, service to 5/31/18, Tertiary Filter Building - Fina 37,075.80 60 Enterprise Fund EWING CO., INC.18-0354,Well 32 Construction Services 6/1-6/30/18 62,872.90 60 Enterprise Fund FASTENAL COMPANY 5/8 SS Meter Washer Qty 350 1,074.92 60 Enterprise Fund FASTENAL COMPANY Black Cable Ties Qty 200 57.44 60 Enterprise Fund FASTENAL COMPANY Credit for Return of T-Rod Ref INV201302 (6.82) 60 Enterprise Fund FASTENAL COMPANY Electrical connectors for stock (100 qty)14.29 60 Enterprise Fund FASTENAL COMPANY Returned speed bumps for traffic control (53 qty)(39.78) 60 Enterprise Fund FASTENAL COMPANY Screws to rebuild mixer 1, digester 4 (30 qty)19.27 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0360 2in C2 Meter, AccuStream Gen 2 Meter, Ports -Qty 213 43,520.92 60 Enterprise Fund FISHER SCIENTIFIC Boiling granules (2 qty)112.30 60 Enterprise Fund FISHER SCIENTIFIC Latex gloves-sizes small, med & Xlg (3 pkgs)58.31 60 Enterprise Fund FISHER SCIENTIFIC Sampler tubing (2 qty)489.42 60 Enterprise Fund FISHER SCIENTIFIC Tissue grinder 2,478.63 60 Enterprise Fund H.D. FOWLER COMPANY Ford 3/4 IPS Stiffner Qty 24 48.64 60 Enterprise Fund H.O.T. 1 LLLP Refund, Surety-2016-0042, Scentsy Warehouse #3, Warranty Sur 10,508.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Indoor fogger for filter flies in filtration bldg (3 qty)56.83 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Paint, roller & reflective tape for repair of main gate (6)29.13 Date: 7/19/18 11:56:00 AM Page: 10Meridian City Council Meeting Agenda July 24, 2018 – Page 319 of 534 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Arte, Case# 352719, Child Support July 2018 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Kerr, Case# 344238, Child Support July 2018 405.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING M. Edwards, Case# 354376, Child Support July 2018 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING N. Howell, Case# 326566, Child Support July 2018 299.00 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Disk & Bookcase for V. Silvas Cubicle 1,096.00 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,WRRF CApacity Exp Const services as of 6/30/18 1,013,520.80 60 Enterprise Fund JUB ENGINEERS 18-0104,18-0276,On Call Modeling Sewer 3/4-4/28/18 2,836.30 60 Enterprise Fund JWC ENVIRONMENTAL INC 18-0443,WRRF Headworks Washer Compactor Parts - Final Inv 278,775.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs-5/1-31/18 Whiteacre sub#5-2 sheets 520.00 60 Enterprise Fund KENNETH KALDHUSDAL Refund, 2046013601, Wat/Sew/Trash, 3801 E Presidential Dr, C 35.33 60 Enterprise Fund L2 EXCAVATION, LLC.Emergency repair of sewer main line N14-296 to N14-45 3,623.00 60 Enterprise Fund LAWN CO MAINTENANCE 18-0290/18-0368 price code 2/landscape maint contract 7/2018 3,393.25 60 Enterprise Fund LAWN CO MAINTENANCE Maintenance yard contract for lift stations April-Dec 2018 4,250.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp. testing services 6/11-6/24/18 6,321.60 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks upgrades,inspections 6/11-6/24/18 4,924.20 60 Enterprise Fund McGUIRE BEARING CO Locknut & Lockwasher for mixer 1 rebuild at digest 4 - Qty 8 31.80 60 Enterprise Fund MIDPOINT BEARING Tapered roller bearing (4 qty)414.47 60 Enterprise Fund ML SUTHERLAND TRUST UTA & LL DUNAGAN FBO Refund, 1521224602, Wat/Sew/Trash, 3086 W Kandice St, Title 124.87 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS 47ft Oil hose & male crimp for mixers 1-4 at digest 4-Qty9 175.55 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Flare fittings for mixers 1-4 rebuilds, digester 4 (6 qty)6.89 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS King nipple for stock & to repair hose on sump pump (3 qty) 20.82 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS SS Quick Connector Tips Qty 8 175.34 60 Enterprise Fund MOUNTAIN PRIME LLC.Refund, 2250142404, Wat/Sew/Trash, 1518 N Main St, Customer 762.93 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116,Well 28 Water Treatment design service thru 6/23/18 4,885.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0169,WRRF Centrate Mod.,Eng Design thru 6/23/18 802.87 Date: 7/19/18 11:56:00 AM Page: 11Meridian City Council Meeting Agenda July 24, 2018 – Page 320 of 534 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 MOUNTAIN WATERWORKS, INC 18-0388 FY18 Water Quality Evaluation Qty 12.75hrs 1,535.00 60 Enterprise Fund MR. MUDD CONCRETE CORP.Concrete for key pad repair (1 cubic yard)200.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.BAck up mirror for telehandler 28.12 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Manhole guard rail 207.21 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Wire brushes (5 qty)22.20 60 Enterprise Fund MYFLEETCENTER.COM Oil change, break fluid & power steering fluid replacement 167.17 60 Enterprise Fund MYFLEETCENTER.COM Oil for C19841 Inspectors vehicle - Qty 2 8.00 60 Enterprise Fund NC SERVICES Refund, 8800002904, Hydrant Meter Rental, Account Closed 202.03 60 Enterprise Fund NICHOLAS J. & IZAR M. BICANDI Refund, 1910173003, Wat/Sew/Trash, 2738 N Wallingford Pl, Ac 1,879.94 60 Enterprise Fund NORCO Credit return High Vis Yellow T-Shirts M. Hernandez Qty 3 (38.49) 60 Enterprise Fund OFFICE DEPOT, INC.Badge Reels, Sani Cloth Wipes Qty 3 18.16 60 Enterprise Fund OFFICE DEPOT, INC.Label Divider Clear Qty 2 6.54 60 Enterprise Fund OFFICE DEPOT, INC.Pens - qty 1 dozen 10.24 60 Enterprise Fund OFFICE DEPOT, INC.Pens, arrows, clips, tape dispenser, erasers, stapler - qty7 42.06 60 Enterprise Fund OPTIONS 3-Step Lid giveaways for public outreach (260 qty)221.00 60 Enterprise Fund OPTIONS Bowl scrape-it giveaways for public outreach (500 qty)510.00 60 Enterprise Fund PACIFIC BACKFLOW 18-0051 Backflow Device Testing Services Qty 32 736.00 60 Enterprise Fund PAWN 1 INC Release, Surety-2016-0056, Pawn 1, Warr Suety Deposit 3,145.95 60 Enterprise Fund PENN VALLEY PUMP CO Drive shaft to repair sludge pump at primary clarifier 3 188.60 60 Enterprise Fund PLATT ELECTRIC SUPPLY 18-0256,WRRF Elect.Dist Transformer Equip 26,277.43 60 Enterprise Fund POSTNET Postage & Mailing Backflow Letters Qty 453 403.56 60 Enterprise Fund POSTNET Postage & Mailing Backflow Ltrs Qty 89 111.10 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolid disposal for June 2018 20,895.72 60 Enterprise Fund RICK MURRAY Per Diem, R. Murray, Disinfection & Reuse Symposium, Portlan 160.00 60 Enterprise Fund RYAN POWERS Reimb, R. Powers, WW Collections II License & Exam Fees 87.00 60 Enterprise Fund SOUTHERN COMPUTER WAREHOUSE Hewlet Packard Media Tray/Feeder 550 Sheets in 1 Tray 133.75 60 Enterprise Fund SOUTHERN COMPUTER WAREHOUSE Hewlett Packard HP LaserJet Pro M477fdn 456.44 60 Enterprise Fund STEVEN & SARAH HOFHINE Refund, 1521105803, Wat/Sew/Trash, 2915 N Fieldstone Way, Pr 57.66 Date: 7/19/18 11:56:00 AM Page: 12Meridian City Council Meeting Agenda July 24, 2018 – Page 321 of 534 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 STRICTLY TECHNOLOGY Microsoft Surface Pen Stylus, Case,Car Charger for T. Hyslop 153.57 60 Enterprise Fund SYNCB/AMAZON Clipboards, clothespins, calendar for Bulletin Board - Qty 3 51.95 60 Enterprise Fund SYNCB/AMAZON Credit for return of Wall Mounts Qty 5 (162.76) 60 Enterprise Fund SYNCB/AMAZON Hand-push pipe welder fusion welding machine 674.27 60 Enterprise Fund SYNCB/AMAZON Return of fusion welding machine-broken upon arrival (674.27) 60 Enterprise Fund SYNCB/AMAZON Thumb drives - qty 2 Pk 45.87 60 Enterprise Fund TATES RENTS (GENERAL OFFICE)Safety-Safety Glasses Qty 2 51.98 60 Enterprise Fund TERRACON CONSULTANTS 18-0327,Well 32, special inspections thru 6/23/18 1,277.50 60 Enterprise Fund ULINE, INC.Plastic Bin Dividers for Shop Supplies Qty 12 38.11 60 Enterprise Fund ULTRA TOUCH CAR WASH Interior cleaning vehicle C18780 98.95 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 July 2018 Donations 77.00 60 Enterprise Fund USA BLUEBOOK Hydrant Wrench, Spray Nozle, DPD Sample, Ball Valve Q10 232.42 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Wiper blade replacement for front end loader 38.73 60 Enterprise Fund WILLIAM ARGUERA & AMELIE DEPUYDT Refund, 0303530004, Wat/Sew/Trash, 1878 W Eagle Mountain Dr, 38.65 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB-570607 copies b/w & color 5/27/18-6/30/18 84.98 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7-658362 copier lease for 6/18 & Copies 5/22/18-6/20/18 147.23 Total 60 Enterprise Fund 1,732,661.21 Report Total 2,338,221.79 Date: 7/19/18 11:56:00 AM Page: 13Meridian City Council Meeting Agenda July 24, 2018 – Page 322 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9A Project/File Number: Item Title: Appeal of Denial of Mobile Sales Unit License by Don Benbrooks Meetina Notes -APPP,�c ue'Jid Meridian City Council Meeting Agenda July 24, 2018 – Page 324 of 534 RECEIVED VE IDI / 1vT J 2 20 ' City Clerk's Office IDAHOaHJmYY F BILE SALES UNIT LICENSE CLERKS OFFICE m4m Application THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. Applicant Z e_ r_J 6 roc-) File # M64- S - () (C) Date complete application received: Date license issued or denied: Applicant APPLICATION REQUIREMENTS: staff Completed Mobile Sales Unit License Application including a signed Idaho State Police Privacy Act Statement Copy of valid driver's license or government issued identification card Two — 2"x2" photographs of applicant Proof of insurance policy Names City of Meridian as additional insured 500,000.00 per person bodily injury 500,000,00 per occurrence bodily injury 100,000.00 per occurrence property damage Proof of Motor Vehicle Insurance Proof of Central District Health approval/permit (if applicable) Application fee — $81.50 (Includes $41.50 ISP fee) Fingerprints taken by Idaho State Police City Clerk staff will provide applicant with fingerprint card to take to ISP upon completion of above requirements. STAFF USE ONLY: Meridian Police Department approval/background check Meridian Attorney's Office approval Meridian Park's Department approval (if applicable) Meridian City Clerk's Office -33 E. Broadway Ave. —Meridian, Idaho 83642 Phone: 208-888-4433 — www.meridiancity.or (Rev 7/17) Meridian City Council Meeting Agenda July 24, 2018 – Page 325 of 534 W, IAN,r APPLICANT INFORMATION City Clerk's Office MOBILE SALES UNIT LICENSE Application Applicant Name: 06 l) e-tj re"0 ,5 Phone: A 6 /9-- O `7 c*) - Applicant Address: Driver's License number: i C ,3J 3 83 C_ State: Employer: d /v e- 4 /a V e n% , Kj e., (. L d_ Phone: / 9 t q `f Employer E-mail Address: L 6/ y !^CLyt N cJ D w -- Employer Mailing Address: l a6•f -225' q3y / m er ca,, ` t__6 x -k Employer Physical Address: ham_ LT q6633 Tax Identification Number: Lf — t5 -q 3 q 5 7 7 _ Agent for service of process in Idaho (name, address and phone number): da c. o bS List all infraction, misdemeanor or felony arrests/charges and dispositions (conviction, acquittal, or dismissal), including any probation violations and/or bail forfeitures: A) e-6 rcyc- U,Io 1a blsfUr6,aA.. DESCRIPTION OF OPERATIONS Mobile Sales Unit will operate and/or travel within a park: Yes ONo Dates, hours, and locations of operation: % /4 /A - C1"L ?, 2 Goods and services to be sold, traded, given away, offered, displayed, and/or delivered: SC, 1 &tL- Form(s) of conveyance or transport to be used in operation, traveling, and/or sales: 6AS Complete for any and all motor vehicles (attach additional pages if necessary): License plate Make Model Color state and number Meridian City Clerk's Office — 33 E. Broadway Ave. — Meridian, Idaho 83642 Phone: 208-888-4433 — www.meridiancit .00rg (Rev 7/17) Meridian City Council Meeting Agenda July 24, 2018 – Page 326 of 534 nano Idaho State Police: 0 P Bureau of Criminal Identification NONCRIMINAL JUSTICE APPLICANT PRIVACY STATEMENT As an applicant who is the subject of a national fingerprint -based criminal history record check for a non -criminal justice purpose you have certain rights which are discussed below. This serves as notification from the City of Meridian that your fingerprints will be used to check the criminal history records of the State of Idaho and the FBI and that those records will be used solely for the purpose requested and may not be disseminated outside the receiving department, related agency or other authorized entity. The collection of applicant fingerprints in Idaho is authorized by Idaho Code §67-3008. If you have a criminal history record, the officials making a determination of your suitability for the job, license, or other benefit must provide you the opportunity to complete or challenge the accuracy of the information in the record. Procedures for obtaining a change, correction, or updating of your criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34. If you have a criminal history record, you should be afforded a reasonable amount of time to correct or complete the record, or decline to do so, before being denied the job, license, or other benefit based on information in the criminal history record. Disclosure of your Social Security number is voluntary and is solicited pursuant to the Federal Privacy Act and Idaho Code 67-3012 to aid the processing of an interstate background check request for noncriminal justice purposes allowed by federal statute, federal executive order or a state statute that has been approved by the attorney general. The fingerprints and information reported from this request may be disclosed pursuant to your consent, and may also be disclosed by the FBI without your consent as permitted by the Federal Privacy Act of 1974 (5 USC 552a(h)). Routine uses include, but are not limited to, disclosures to appropriate governmental authorities responsible for civil or criminal law enforcement, counterintelligence, national security or public safety matters to which the information may be relevant; to State and local governmental agencies and nongovernmental entities or application processing as authorized by Federal and State legislation, executive order, or regulation, including employment, security, licensing, and adoption checks. Depending on the nature of your application, other authorities may include numerous Federal or State statutes pursuant to Public Law 92-544 or other authorized authorities. According to Idaho state law and if agency policy permits, you may be provided a copy of your FBI criminal history record for review and possible challenge upon submission of a written request. If agency policy does not permit it to provide you a copy of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at http://www.fbi.gov/about-us/eiis/background-checks. If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI. Alternatively, you may send your challenge directly to the FBI at the same website address as provided above. The FBI will then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency. (See 28 CFR 16.30-16.34). If a change, correction or update needs to be made to an Idaho criminal history record, that process infortnation is available on the Idaho State Police website. hitp://www.isp.idaho.gov/identification/crime history/FrequentlyAskedQuestions-CriminalRepository.html. Your signature below acknowledges this agency has informed you of your privacy rights for fingerprint -based background check requests used by the agency for non -criminal justice purposes. want a copy of the Privacy Act Statement. M Signature of Applicant 700 S. Stratford Dr., Ste. 120 Meridian, ID 83642 Date Meridian City Council Meeting Agenda July 24, 2018 – Page 327 of 534 r'li.....477. g7gno DI IICDA\/ ACORD... CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moreton &Company -Utah P.O. Box 58139 Salt Lake City, UT 84158-0139 801 531-1234 CONTACT NAME: Kiersten Moore WcI,Ne E)d:801-715-7072 aC,No: 801-531-6117 E-MAIL SS: kmoore@moreton.com _ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Homeland Insurance Co of New Yo 34452 INSURED Blue Raven Solar LLC 1220 S 630 E Ste 430 American Fork, UT 84003 INSURER B: Redwood Fire & Casualty Insuran 11673 INSURER C: Continental Divide Insurance Co 35939 INSURER D, NATIONWIDE AFFINITY INSURANCE C 26093 INSURERE: INSURER F: r'rl\/FRARFC CFRTIFIr:ATF NIIMRFR• RFVISInKI NIIMRFR' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDLINSR SUBRWVD POLICY NUMBER POLICY EFFMMIDDIYYYY POLICY EXPMMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 7930074550000 1/21/2018 01/2112019 EACH OCCURRENCE A10001000 PREMISESEa oNcurrence 5300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY s3,000,000 _ GEN'L AGGREGATE LIMIT APPLIES. PER: X POLICY PRO LOC OTHER: GENERAL AGGREGATE 64,000,000 PRODUCTS- 64,000 +000 D AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED UTor HREDAUTOS X NON•OWNEDIX 3008576163 1/21/2018 01/21/201 EOaeBcideDISINGLELIMIT $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) s PROPERTY DAMAGEAUTOSPeraccident UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE S AGGREGATE $ DED I I RETENTIONS S B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE ---- OFFICERIMEMBER EXCLUDED? I N1 Mandatory in NH) if es, describe under DESCRIPTION OF OPERATIONS below N i A BLWC914182 BLCW914363(OR) 1/10/2018 01/10/201 X PER OTH- E.L. EACH ACCIDENT S1 000,000 E.L, DISEASE -EA EMPLOYEE S1 000 000 E.L. DISEASE - POLICY LIMIT I 51,000,000 I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an additional insured in regards to liability when required per written contract. CE Cit of Meridian SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33 E. Broadway Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 oil The ACORD name and logo are registered marks of ACORD S1028222/M1028130 KIEMO Meridian City Council Meeting Agenda July 24, 2018 – Page 328 of 534 EIDIAN*------ Date Application Applicant Applicant Address Project Address Payor Fees and Receipts: 06/25/2018 MSU -18-0101 Don Benbrooks Number Description 409965 Mobile Sales Unit 409966 ISP Background Check Cash Customer Receipt City of Meridian, City Clerks Office 33 E. Broadway Ave. Suite 104 Meridian, ID 83642 PH: 888-4433 / FAX: 888-4218 Amount 40.00 41.50 Total Fees: $81.50 81.50 Total Receipts: $81.50 3 Balance Due: $0.00 Meridian City Council Meeting Agenda July 24, 2018 – Page 329 of 534 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 3 3 0 o f 5 3 4 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 1/7 3-4-2: MOBILE SALES UNITS: A. License And/Or Permit Requirements: It shall be unlawful for any person to operate, allow the operation of, or act as a mobile sales unit without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, State or Federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. 4. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian mobile sales unit license. a. Application for a City of Meridian mobile sales unit license shall be made to the City Clerk, and shall include the following: (1) A completed application form provided by the City Clerk, which form shall include: (A) Applicant's name, physical address, mailing address, driver's license number, and social security number. (B) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the mobile sales unit license. (C) A description of the form of conveyance or transport to be used in the mobile sales unit's operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (D) A description of any and all motor vehicles to be used by the mobile sales unit, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (E) A description of the hours, locations, and means at and by which the mobile sales unit will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (F) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. (G) An agent upon whom service of process may be made in the state of Idaho. Meridian City Council Meeting Agenda July 24, 2018 – Page 331 of 534 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 2/7 (2) Application fee as set forth in the fee schedule of the city clerk's office, except that no application fee shall apply where applicant is or represents: (A) A nonprofit organization exempt from federal income tax under 26 USC section 501(c); or (B) A governmental entity. (3) Two (2) photographs of the applicant. Such photographs shall be two inches by two inches (2" x 2") and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (4) A photocopy of applicant's driver's license or other government issued identification document. (5) Fingerprints, taken by the Idaho state police, of the applicant. (6) Proof of motor vehicle insurance, if the applicant seeks to operate a motor vehicle while operating or acting as a mobile sales unit. (7) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the mobile sales unit license. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. b. Upon receipt of all application materials required by this subsection, the city clerk shall refer the application to the chief of police, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk. (Ord. 10- 1453, 8-17-2010) c. Upon receipt of the findings of the chief of police or his 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 mobile sales unit license to the applicant or deny the application. Where the city clerk denies an application for a city of Meridian mobile sales unit license, he 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. d. The city clerk shall deny an application for a mobile sales unit license where: (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; (Ord. 14-1610, 5-21- 2014) (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; Meridian City Council Meeting Agenda July 24, 2018 – Page 332 of 534 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 3/7 (3) The applicant has been convicted of: (A) A violation of any provision of this section within the five (5) years preceding the date of submission of the application. (B) Reckless driving, eluding a police officer, racing, and/or failure to carry insurance within the five (5) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a mobile sales unit. (C) A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a mobile sales unit. (D) Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. (E) A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. (F) Any crime involving, or related to, firearms or other weapons. (G) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (H) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (I) Any crime involving, or related to, drugs or illicit substances. (4) The applicant is or at any time has been required by any law or legal order to register as a sex offender. e. Appeal of the city clerk's issuance or denial of an application for a mobile sales unit license 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 Meridian City Council Meeting Agenda July 24, 2018 – Page 333 of 534 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 4/7 clerk's action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. f. The city of Meridian mobile sales unit license shall include, on its face: (1) The name of the individual licensed to operate or act as a mobile sales unit within the city under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the mobile sales unit is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty five (365) days following the date of issuance. g. A city of Meridian mobile sales unit license shall not be required for: (1) First amendment activity on public or private property. (2) A mobile sales unit that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant's or owner's transaction of business with such mobile sales unit within the previous three hundred sixty five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. h. The city clerk may revoke a mobile sales unit license where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a mobile sales unit, the licensee violates a provision of this section or of any other local, state, or federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee is convicted of: (A) Reckless driving, eluding a police officer, racing, and/or driving under the influence of alcohol, except that such conviction shall not be grounds for revocation where the applicant is not approved to operate a motor vehicle while operating or acting as a mobile sales unit. Meridian City Council Meeting Agenda July 24, 2018 – Page 334 of 534 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 5/7 (B) Any charge involving theft or fraud. (C) Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order. (D) Any crime involving, or related to, firearms or other weapons. (E) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (F) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (G) Any crime involving, or related to, drugs or illicit substances. (5) The licensee is required by any law or legal order to register as a sex offender. The city clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the city clerk. i. Appeal of the city clerk's revocation of an application of a mobile sales unit license may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation. 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. B. Time Of Operation Of Mobile Sales Units: 1. It shall be unlawful for any person to operate or act as a mobile sales unit at a time of day that is outside the scope of a valid, current mobile sales unit license. 2. It shall be unlawful for any person to operate or act as a mobile sales unit upon a date that is outside the scope of a valid, current mobile sales unit license. C. Place Of Operation Of Mobile Sales Units: 1. It shall be unlawful for any person to operate or act as a mobile sales unit at a location that is outside the scope of a valid, current mobile sales unit license. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a mobile sales unit in violation of any generally applicable provision of this code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a mobile sales unit or allow such operation or activity in any area of the city or in any manner prohibited by the Meridian unified Meridian City Council Meeting Agenda July 24, 2018 – Page 335 of 534 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 6/7 development code. 4. It shall be unlawful for any person to operate or act as a mobile sales unit or allow such operation or activity in or on any city building, or city property other than a city park, without the prior written or recorded consent of city council. D. Manner Of Operation Of Mobile Sales Units: 1. It shall be unlawful for any person to operate or act as a mobile sales unit if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the mobile sales unit is or utilizes a motor vehicle or other mode of transportation, a valid and current mobile sales unit license shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current mobile sales unit license shall be kept on the licensee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a mobile sales unit if a mobile sales unit license is not exhibited as required by this subsection. 3. It shall be unlawful for any person to operate or act as a mobile sales unit where such person is not specifically licensed under a valid, current mobile sales unit license. 4. It shall be unlawful for any person operating or acting as a mobile sales unit to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current mobile sales unit license. 5. It shall be unlawful for any person operating or acting as mobile sales unit to operate a musical instrument or amplification device from such mobile sales unit where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a mobile sales unit to: a. Misrepresent his or her purpose or affiliation. b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such mobile sales unit. c. Represent the issuance of any license under this section as an endorsement or recommendation of such licensed activity. E. Penalty: A violation of any provision of this section shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section continues or occurs may be deemed a separate and distinct violation. Meridian City Council Meeting Agenda July 24, 2018 – Page 336 of 534 7/19/2018 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 7/7 F. Enforcement: Peace officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the Planning, Fire, Parks or other appropriate City Departments to assist in the enforcement of the provisions of this section or in an investigation of a suspected violation thereof. (Ord. 10-1453, 8-17-2010) Meridian City Council Meeting Agenda July 24, 2018 – Page 337 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 913 Project/File Number: Item Title: Approval of FY2018 Amended Budget in the Amount of $144,675,645 Meetina Notes �✓i APPROVED Interoffice Memo 07/20/018 To: Mayor & City Council From: Budget Analyst, Jenny Fields Ref: FY2019 Tentative Budget and FY2018 Amended Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2019 $130,464,302 One Hundred Thirty Million Four Hundred Sixty Four Thousand Three Hundred and Two Dollars 2. Council to approve the amended revenues and expenditures for Fiscal Year 2018 $144,675,645 One Hundred Forty Four Million Six Hundred Seventy Five Thousand Six Hundred and Forty Five Dollars Meridian City Council Meeting Agenda July 24, 2018 – Page 339 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9C Project/File Number: Item Title: Approval of Tentative FY2019 Budget in the Amount of $130,464,302 Meetina Notes rc, C r'e r - /�)D u✓ APPROVED Interoffice Memo 07/20/018 To: Mayor & City Council From: Budget Analyst, Jenny Fields Ref: FY2019 Tentative Budget and FY2018 Amended Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2019 $130,464,302 One Hundred Thirty Million Four Hundred Sixty Four Thousand Three Hundred and Two Dollars 2. Council to approve the amended revenues and expenditures for Fiscal Year 2018 $144,675,645 One Hundred Forty Four Million Six Hundred Seventy Five Thousand Six Hundred and Forty Five Dollars Meridian City Council Meeting Agenda July 24, 2018 – Page 341 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9D Project/File Number: Item Title: Resolution No. 18-2092 Public Hearing continued from July 17, 2018 for Program Year 2018 Community Development Block Grant Annual Action Plan 1. Resolution No. 18-2092: A Resolution Approving Adoption Of The Community Development Block Grant Program Year 2018 Action Plan And Submission 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. Meetina Notes r C un e"-1 — V,-) fiff"Al- w,:m Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-D Project Name: Program Year 2018 Community Development Block Grant Annual Action Plan Project Number: CDBG Annual Action Plan Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time CITY OF MERIDIAN RESOLUTION NO. / 8 -20 12— BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, LITTLE ROBERTS, PALMER A RESOLUTION APPROVING ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2018 ACTION PLAN AND SUBMISSION 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 action be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year 2018; and WHEREAS, the City held a public hearing on the Program Year 2018 Action Plan on July 17, 2018, and held a public comment period on the draft application materials from June 15, 2018 to July 24, 2018; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2018 Action Plan, and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, adopted as to both form and content. Section 2. That the CDBG Administrator be, and hereby is, authorized to submit such Program Year 2018 Action Plan to HUD. Section 3. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attest the certifying documents for the Program Year 2018 Action Plan for and on behalf of the City of Meridian. Section 4. 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 r day of SU&'/ , 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this a� Iday of UC1 , 2018. APPROVED: 0 y °f " TTEST: IDI6- s ANO y: 1 Mayor Tam e Weerd °may, maw C. ay Coles, &4 Clerk RESOLUTION ADOPTING CDBG DOCUMENTS Page I OF 1 CDBG Program Year 2018: Public Hearing on 2018 Action Plan Public Comments Received Revisions made to PY2018 Action Plan Changes to plan since June 15, 2018: •Language added to finalize back-up projects •Attached background information on “alternate” projects as appendices •Summary of comments received through July 23, 2018 added •Errors corrected in regard to project addresses •Public outreach efforts over the last 39 days were included in the plan •Attached required certifications and documents as appendices •Executive Summary section updated to reflect these changes and correct spelling and grammatical errors Public Hearing Program Year 2018 CDBG Action Plan Public Service •Boys & Girls Club Scholarship Program - $13,000 •Meridian Food Bank Hunger Relief Program - $30,000 •West Ada School District’s Housing + High School = Success - $10,000 •Jesse Tree Emergency Rental Assistance Program - $10,000 Public Facilities •City of Meridian E. Chateau Streetlights - $61,178 CDBG Redevelopment Area •Meridian Development Corporation E. 3 rd St. Improvements - $180,000 Other Projects •Meridian Library District ADA Bathroom Upgrade - $77,970 •Ada County Housing Authority Homebuyer Assistance Program - $30,000 Administration and Planning •City of Meridian Grant Administration and Fair Housing Activities - $35,000 Adoption of Plan Resolution No. 18-2092 A Resolution Approving Adoption Of The Community Development Block Grant Program Year 2018 Action Plan And Submission 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. Annual Action Plan 2018 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Meridian City Council Meeting Agenda July 24, 2018 – Page 343 of 534 Annual Action Plan 2018 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD’s Community Development Block Grant (CBDG) Program. The 2018 program year will mark the City’s twelfth year as an entitlement community. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City’s mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City’s primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2018 Action Plan was developed with a strong emphasis on community input and follows the Citizen Participation Plan set forth in Meridian’s 2017 – 2021 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year (PY); October 1, 2018, through September 30, 2019. A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian’s Consolidated Plan spans program years 2017 through 2021 and addresses the community’s most critical housing and community development needs. The PY2017 Action Plan represented the first year using the 2017 – 2021 Consolidated Plan; the PY2018 Action Plan is the second year under the current Consolidated Plan. The current Consolidated Plan may be found here on the City of Meridian Website. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City’s intended actions to occur during that specific year. The PY2018 Action Plan identifies the objectives the City hopes to achieve from October 1, 2018, through September 30, 2019, and outlines the activities the City will undertake to achieve those objectives. At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year’s Meridian City Council Meeting Agenda July 24, 2018 – Page 344 of 534 Annual Action Plan 2018 3 OMB Control No: 2506-0117 (exp. 06/30/2018) accomplishments. This information allows HUD, city officials, and the general public to evaluate the City’s performance and determine whether the activities undertaken during the year helped to (1) meet the City’s five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. In compliance with 24 CFR § 91.15(a), and to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2018. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis, and strategic plan. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City is focusing its activities and funding on 1) improving accessibility, 2) enhancing homeownership opportunities, and 3)providing social services to Meridian LMI residents during PY2018. The City will undergo nine different activities to support over 2,175 eligible individuals and households during PY2018 through the following projects: Administration & Planning • Administration, Fair Housing & Planning Activities - $35,000 Public Facilities • Meridian Development Corporation & City of Meridian – E 3rd Street Right of Way Improvements - $180,000 • Meridian Library District – ADA Upgrade to Facility Bathrooms - $77,970 • City of Meridian – Streetlight Installation - $61,178 ($25,000 from prior PY) Public Service • Meridian Food Bank - Hunger Relief Program - $30,000 • Boys & Girls Club - Scholarship Program - $13,000 • The Jesse Tree of Idaho - Homelessness Prevention - $10,000 • Education Foundation of West Ada School District – Housing + High School = Success Program - $10,000 Meridian City Council Meeting Agenda July 24, 2018 – Page 345 of 534 Annual Action Plan 2018 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing • Ada County Housing Authority - Homebuyer Assistance Program - $30,000 The City does not anticipate any obstacles to allocating these funds. Please refer to sections AP-20 and AP-35 of this report for more details on the City's goals and projects. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Since 2007, Meridian has successfully managed over $3.5 million in resources from its annual CDBG allocation. Over these 11 years, the City’s expenditures from its CDBG allocation have focused on supporting social service provider operations (Meridian Food Bank), improving community facilities (Boys and Girls Club, Meridian Development Corporation), addressing accessibility barriers (parks and trails, Meridian Library, sidewalk projects), preventing homelessness with emergency assistance (Jesse Tree of Idaho, West Ada School District), and assisting with homeownership attainment for low- and moderate-income buyers (Ada County Housing Authority). The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERs) for all previous program years—for the period beginning October 1, 2007, and ending September 30, 2017. The CAPERs demonstrated that over 90 percent of the funds expended during the previous program years were invested into activities benefiting low to moderate-income individuals and families, well over the 70 percent statutory minimum requirement. Aside from 2016, the City has met its expenditure of grant funds deadlines imposed by HUD each year. All of the prior program years’ activities meet critical needs in Meridian. The primary challenges encountered during the last Consolidated Plan period were timing- and contact-related. To address these challenges, the City intends to have more stringent requirements for grant recipients, particularly in meeting expected schedules. But over the last 18 months, the City has done an effective job at organizing, streamlining, and managing its CDBG processes to provide the most benefit for each CDBG dollar granted while complying with federal timeliness requirements. 4. Summary of Citizen Participation Process and consultation process Meridian City Council Meeting Agenda July 24, 2018 – Page 346 of 534 Annual Action Plan 2018 5 OMB Control No: 2506-0117 (exp. 06/30/2018) Summary from citizen participation section of plan. The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents’ expectations and (2) responsive to neighborhood and stakeholder concerns. The City consulted with several organizations to inform the Action Plan. In March the CDBG invited the county housing authority, non-profit homeless and social service providers, housing specialists, for- profit developers of affordable housing, the urban renewal agency, the senior center, local city planners, neighboring municipalities and any interested citizen or agency to be a part of the planning process via a CDBG program workshop. As a result, 15 attendees from those groups attended the workshop which discussed the action planning strategies for the coming year. Additionally, as a member of the Boise City/Ada County Continuum of Care (CoC), the Community Development Program Coordinator solicited potential projects and input on the draft plan from all members of the CoC. Some members of the CoC include: Ada County Sheriff’s Office; Boise City/Ada County Housing Authority; Boise School District; Boise State University; CATCH, Inc; City of Boise; City of Meridian; Corpus Christi; El-Ada; Formerly Homeless Advocate; Good Samaritan House; Health and Welfare; Idaho Department of Labor; Idaho Housing and Finance Association;Terry Reilly Health Services; Veteran Affairs; and Women’s and Children’s Alliance. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. As the city is not a recipient of HOPWA funds, the city did not actively seek out agencies for that purpose. However, Idaho Housing and Finance Association does collaborate on HOPWA issues and is the entity the City would contact for this purpose. Lead-based paint information is always located on the City’s website; no entities were contacted directly about lead- based paint. Meridian went through an extensive citizen participation process for the development of the 2017-2021 Consolidated Plan. That process yielded valuable results and greatly shaped the formation of the City’s five-year plan for utilization of the grant funds. The citizen participation process for the 2018 Action Plan followed the process identified in the City’s Citizen Participation Plan, adopted with the 2017-2021 Consolidated Plan. The process consisted of the following a 39-day public comment period with a formal public hearing during that comment period. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press) and posted the drafted action plan on the City’s website on June 15, 2018. The City also did some social Meridian City Council Meeting Agenda July 24, 2018 – Page 347 of 534 Annual Action Plan 2018 6 OMB Control No: 2506-0117 (exp. 06/30/2018) media outreach to inform the public about the public comment period and the public hearing. All comments that were received were reviewed, acknowledged, and included as an attachment to this plan. The city closed the public comment period on July 24, 2018, and held a formal public hearing on the draft version of this PY2018 Action Plan on July 17, 2018. The City views these processes and opportunities for public comment to be adequate outreach and opportunity for public involvement and consultation. See section AP-12 of this plan for more details of the City’s citizen participation efforts. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. To this point, the City has not received any public comments on this plan or the City’s CDBG operations. But the City has not yet opened its public comment period or held a public hearing on the plan. Upon the reception of public comments as part of these processes, the comment will be included here. 6. Summary of comments or views not accepted and the reasons for not accepting them The City of Meridian generally accepts all comments received, but there have been none received thus far. Upon reception of comments that are not accepted, the comment and rational for rejection will be input here. 7. Summary Please see above. Meridian City Council Meeting Agenda July 24, 2018 – Page 348 of 534 Annual Action Plan 2018 7 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator MERIDIAN Planning Division, Community Development Dept Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Caleb Hood, Division Manager Planning Division, Community Development Department City of Meridian | 33 E. Broadway Avenue| Meridian, ID 83642 208-884-5533 | 208-489-0572 fax Meridian City Council Meeting Agenda July 24, 2018 – Page 349 of 534 Annual Action Plan 2018 8 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction This section of the Action Plan describes how the City worked with stakeholders and public and private partners to develop allocation priorities—and how this consultation and coordination will continue through the planning period. Section AP-85 also provide information on institutional structure and program delivery. The City has relied heavily on the research and extensive consultation during 2017 when the City was developing its 2017-2021 Consolidated plan to inform the direction, goals, priorities, and needs of the community and how CDBG will be used to assist. Comparatively, the development of the PY2018 Annual Action Plan did not see as near a robust or intensive outreach or consultation effort as the prior year provided great, still-relevant information. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The Boise City/Ada County Housing Authority (BCACHA) was interviewed as part of the Consolidated Planning process to help the City better understand BCACHA’s resources and needs. While there are no public housing units in Meridian, an estimated 200 Section 8 vouchers are currently used in Meridian— about 10 percent of the housing authority’s total voucher supply. The City is regularly engaged in the Boise City/Ada County Continuum of Care (CoC) where City staff sit on the groups Executive Committee, Housing Committee, Planning and Development Committee, Fair Housing Sub-Committee, and Coordinating Team. The City regularly hosts CoC meetings at Meridian City Hall where City staff plays an active role in facilitating meetings and coordinating collaborative efforts amongst regional and local housing providers (public, nonprofit, and private) and health and social service agencies (including many mental, governmental, emergency, and other health groups). The City’s efforts with the CoC has been instrumental in helping to further the work to end homelessness in Ada County as well as identify and coordinate with partners to meet the needs of LMI residents of Meridian. In addition, the City is undertaking efforts as part of its internal strategic plan work to develop a socioeconomic profile of Meridian that will identify gaps in service, partnership, and need. The City is dedicated to extending further support to organizations that helps meet the specifically defined needs in the community. One need that is readily apparent is the need for affordable housing and rental support. Meridian is dedicated to increasing its affordable housing inventory to ensure residents of all income Meridian City Council Meeting Agenda July 24, 2018 – Page 350 of 534 Annual Action Plan 2018 9 OMB Control No: 2506-0117 (exp. 06/30/2018) levels can find housing in Meridian—and to providing needed supportive services. To this end, City staff will continue to stay engaged with the affordable housing and supportive service community to ensure the City provides important tools and resources to affordable housing developers and supportive service providers. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. As noted above, the City is a regular and involved participant in the CoC. Not only do City staff participate in the noted committees, staff also act as Chair of the Housing Committee and Fair Housing Sub-Committee. Thus, the City is leading the efforts of these groups to eradicate homelessness through work to decrease housing discrimination, increase affordable housing inventory, improve landlord involvement in homeless groups and activities, provide resources to enhance the ease of landlord- tenant communications, explore opportunities for changes in local and state housing policies, and other activities. Meridian’s membership in the CoC’s Executive Committee also denotes the City’s involvement in helping coordinate all local and regional efforts of the CoC. In addition, with 2018 CDBG funds, the City is working with the CoC and the West Ada School District to begin to address the needs of unaccompanied youth in Meridian through housing services grants, while also funding with Jesse Tree to assist those who are not youth but are at immediate risk of homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS IHFA oversees the allocation of ESG for the State of Idaho, including Meridian. Allocation of ESG is discussed at the CoC meetings, which Meridian staff attend. Meridian’s lack of emergency shelters and demonstrated experience with rapid rehousing programs puts the City at a disadvantage for ESG funds. However, as a member of the CoC Executive Committee, City staff are involved in the current planning efforts to better coordinate and utilize ESG funds in the region and state. Over the last year, the City has also been involved in the planning and implementation efforts of the CoC’s new HMIS data collection, coordination, and dashboard systems. Prior to 2017, there was no real effort to effectively coordinate or aggregate HMIS systems and data in the region. With the help of the City of Boise and other Executive Committee members, the City of Meridian assisted in the reworking of HMIS user agreements that shifted control of Ada County’s HMIS from IHFA to a third party consultant, Meridian City Council Meeting Agenda July 24, 2018 – Page 351 of 534 Annual Action Plan 2018 10 OMB Control No: 2506-0117 (exp. 06/30/2018) ICA. The City has been an active member of the team that coordinated and carried out that systematic shift and has supported the work of getting all HMIS users in the county to sign new collaborative and data-sharing agreements to enhance data quality and standards. With work with ICA, the City has also helped in creating a data dashboard which aggregates and visualizes the HMIS data. These services and resources were not around before this last year. The City continues its work with the Executive and Data and Performance Management Committees of the CoC to provide feedback on changes to the HMIS and data management process of the CoC. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Meridian City Council Meeting Agenda July 24, 2018 – Page 352 of 534 Annual Action Plan 2018 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Boise City/Ada County Continuum of Care Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The CoC was consulted to as part of the 2017 Consolidated Planning efforts as well as during the 2018 action planning efforts. The groups are particularly influential in helping the City to understand the needs of the community as it relates to housing, homelessness, and fair housing. This consultation was effective in helping the City develop funding recommendations to address youth homelessness, homelessness prevention, and fair housing activities for PY2018. 2 Agency/Group/Organization Boise City/Ada County Housing Authority (BCACHA) Agency/Group/Organization Type Housing PHA Services - Housing Regional organization Meridian City Council Meeting Agenda July 24, 2018 – Page 353 of 534 Annual Action Plan 2018 12 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs HOPWA Strategy Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? BCACHA was contacted by the City to discuss the viability of its homebuyer assistance program in the midst of a difficult housing market. Conversations were had and feedback shared that helped the City to develop its funding recommendation for continuing to provide CDBG dollars to BCACHA for downpayment assistance during PY2018. This consultation also led to a discussion about housing development and policy that may change how the City interacts and funds this organization and these kinds of efforts in the future. 3 Agency/Group/Organization West Ada School District No.2 Agency/Group/Organization Type Services-homeless Services-Health Services-Education Publicly Funded Institution/System of Care What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Meridian City Council Meeting Agenda July 24, 2018 – Page 354 of 534 Annual Action Plan 2018 13 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly discussed the needs of homeless and unaccompanied youth in Meridian's public education system with the West Ada School District. Conversations led the City's understanding of a large number of unaccompanied youth in the school system and the relatively limited resources and services available to these students. The City strategized with the organization about how to create new programs or partnerships that could ultimately help meet the needs of homeless students and families with children in Meridian. These conversations led to the West Ada School District submitting three applications for funding, one of which will be funded through CDBG during PY2018 and focus primarily on the supplement of housing assistance to unaccompanied youth in Meridian schools. 4 Agency/Group/Organization CATCH, INC. Agency/Group/Organization Type Housing Services - Housing Services-homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City meets often with CATCH to discuss the state of homelessness in Meridian. CATCH currently houses the coordinated entry efforts of the County and is tracking data about Meridian's homeless population. These consultations clarify the need for certain support in Meridian and helping to develop a short- and long- term strategy to meet the needs of homeless individuals in Meridian and across the County. Meridian City Council Meeting Agenda July 24, 2018 – Page 355 of 534 Annual Action Plan 2018 14 OMB Control No: 2506-0117 (exp. 06/30/2018) 5 Agency/Group/Organization City of Meridian Agency/Group/Organization Type Other government - Local Planning organization Civic Leaders Grantee Department What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly consults internally with the Mayor's Office, Department of Community Development, Planning Division, Economic Development officials, Finance Department, Public Works Department, and law enforcement officials to explore and operationalize the needs of community members in Meridian. Much of the conversation during the consultations surrounding this PY2018 Action Plan deals with the housing needs, wage growth, vacancy and affordability rates of housing, and work to address poverty in the community. Many of these conversations are still in their preliminary stage and have not directly created outcomes or improved coordination, but work continues to plan and strategize to develop 1) incentives for affordable housing development, 2) partnerships to address service gaps in Meridian, 3) a clear plan/strategy to increase workforce housing developments, 4) a new City Comprehensive Plan and better-addresses and plans for the needs of the homeless and other LMI residents, and 5) a socioeconomic profile of the City. All of these will offer insight, strategy, and structure to the City's communtiy development efforts in the coming years. 6 Agency/Group/Organization THE JESSE TREE OF IDAHO, INC. Agency/Group/Organization Type Services - Housing Services-homeless Meridian City Council Meeting Agenda July 24, 2018 – Page 356 of 534 Annual Action Plan 2018 15 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? This organization was consulted to discuss the possibility to expand their emergency rental assistance program in Meridian. They provided insights and clarity into the need for their program in lieu of continually rising rents across the City. This consultation contributed to an expansion of CDBG funding that will be given to this organization for homeless prevention services during PY2018. 7 Agency/Group/Organization MERIDIAN DEVELOPMENT CORPORATION Agency/Group/Organization Type Publicly Funded Institution/System of Care Other government - Local What section of the Plan was addressed by Consultation? Slum and Blight Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The local urban redevelopment agency was consulted regarding the priority slum and blight needs in the City's redevelopment areas. These consultations helped inform the priorities and decisions for funding given to slum and blight projects for PY2018. 8 Agency/Group/Organization UNITED WAY OF TREASURE VALLEY Agency/Group/Organization Type Planning organization Foundation What section of the Plan was addressed by Consultation? Housing Need Assessment Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The United Way was consulted in efforts to create a Socioeconomic Profile of Meridian in an effort to better understand the housing, transportation, health, food, financial, and education needs of Meridian's residents. This partnership is ongoing and will likely result in funding provided to the City by this organization to conduct research and create plans to understand and meet these needs. Meridian City Council Meeting Agenda July 24, 2018 – Page 357 of 534 Annual Action Plan 2018 16 OMB Control No: 2506-0117 (exp. 06/30/2018) 9 Agency/Group/Organization NAMPA Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Administrative Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly consults with the City of Nampa to ensure that funding recommendations, administrative practices, and other activities are compliant with federal regulations. The coordination also reflects a shared goal to ensure that all activities undertaken with CDBG funds work to meet regional needs as well as local needs. 10 Agency/Group/Organization Neighborworks Boise Agency/Group/Organization Type Services - Housing Service-Fair Housing Major Employer What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Homeless Special Needs Meridian City Council Meeting Agenda July 24, 2018 – Page 358 of 534 Annual Action Plan 2018 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City worked with NeighborWorks Boise to discuss the viability of down payment assistance and homebuyer education programs in Meridian. These consultations led the City to prioritize homebuyer education activities over down payment assistance activities in the review of its grant applications for PY2018, although not homebuyer education activities were ultimately funded due to eligibility reasons. The City expects these consultations to help inform future funding decisions and efforts to improve housing options and education for LMI and homeless residents in Meridian. 11 Agency/Group/Organization Idaho Fair Housing Forum Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City meets regularly with this group to consult on how to advance the fair housing work of the City and region. These consultations have brought to fruition multiple fair housing trainings and conferences educating over 1000 people about fair housing law and practice. These meetings also inform how the City will implement its strategies to affirmatively further fair housing. 12 Agency/Group/Organization Neighbors United Collaborative Agency/Group/Organization Type Services - Housing Services-Health Services-Education Services-Employment Service-Fair Housing Services - Refugees What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Fair Housing Meridian City Council Meeting Agenda July 24, 2018 – Page 359 of 534 Annual Action Plan 2018 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City regularly consults with this group to know how to address the needs of LMI refugees in Meridian. Much of the discussion leading up to the development of this PY2018 Annual Action Plan has been around fair housing and language access services in the community. The City is working with this and other groups to develop resources and materials that can better educate about fair housing best practices while providing refugees and others facing housing discrimination support to overcome negative situations. 13 Agency/Group/Organization Idaho Apartment Association Agency/Group/Organization Type Services - Housing Business Leaders What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City consults, as needed, with this organization to get the private-sector perspective on micro and macro issues in the world of housing and fair housing. These consultations have often informed the conversations and decisions taken to and made by Neighbors United, Idaho Fair Housing Forum, and the CoC's Fair Housing Subcommittee. Identify any Agency Types not consulted and provide rationale for not consulting All relevant organizations, agencies, and stakeholders were invited to participate in the development of the Consolidated Plan, Action Plan, and AI in 2017. During 2018, the City continues to use the findings of that initial consultation to inform its collaborative and funding efforts. The City would like to improve its coordination with housing developers, particularly those developers who specialize in the development of workforce and affordable housing. Increased efforts were not made this year to reach out to these groups as the City is still working to develop internal strategies and plans about how it wants to address the affordable housing needs in the community and how to engage developers in Meridian City Council Meeting Agenda July 24, 2018 – Page 360 of 534 Annual Action Plan 2018 19 OMB Control No: 2506-0117 (exp. 06/30/2018) that process. The City is also just starting a new Comprehensive Plan process that will bring in consultants to do some of the consultations in the coming months. The decision was made to couple the needed consultation efforts of these Community Development activities with these upcoming comprehensive planning consultation activities. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Idaho Housing and Finance Association, Ada County, City of Boise Meridian goals of improving economic outcomes of low income residents, providing emergency rental assistance, and improving housing options and social and supportive services for people including but not limited to people with special needs and individuals/families leaving domestic violence situations. These will contribute to the CoC objective of Ending Chronic Homelessness by preventing Meridian residents from falling into homelessness. State of Idaho Analysis of Impediments Idaho Housing and Finance Association; Idaho Department of Commerce The fair housing strategies established for Meridian considered opportunities to collaborate with the State. The City regularly involves representatives from IHFA, City of Nampa, City of Caldwell, and Idaho Department of Commerce in the planning, funding, and implementation efforts of fair housing activities in the region and state. Meridian Comprehensive Plan Meridian Planning Division The City Comprehensive Plan was consulted during preparation of the Consolidated Plan to ensure goals were consistent with the needs and desires of the community. Land use and zoning regulations were reviewed to assess barriers to housing choice. BCACHA Policies and Procedures BCACHA The housing authority policies and procedures were reviewed to ensure they support housing choice and address the greatest needs of low income residents. Table 3 – Other local / regional / federal planning efforts Narrative (optional) Meridian City Council Meeting Agenda July 24, 2018 – Page 361 of 534 Annual Action Plan 2018 20 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In 2017, the City completed an extensive citizen participation procedure to gain public guidance and information for the 2017-2021 Consolidated Plan. The findings of those efforts have informed the priorities, needs, and goals entirely. During the consolidated planning process, the feedback received from public surveys, stakeholder interviews, and other public feedback created the framework for which all CDBG goals and action plans will be based on. The City has the goal to use the public feedback from consolidated plan to inform funding decisions proposed in this and subsequent annual action plans. In addition to the consolidated plan citizen participation processes, the City has undergone all required citizen participation requirements for this action plan. These include a 39-day public comment period with a formal public hearing during that comment period. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press) and posted the drafted action plan on the City’s website. The City also did some minimal social media outreach to inform the public about the public comment period and the public hearing. All comments that were received were reviewed, acknowledged, and included as an attachment to this plan. The City also included key public stakeholders in its Grant Scoring Committee who had the responsibility to review all of the grant applications and develop the final recommendations for funding included in this action plan. Details of each of these activities are noted below. (As this plan is a draft plan, no comments have yet been received. As comments are received as part of the public review processes, those comments will be added to this section according.) Meridian City Council Meeting Agenda July 24, 2018 – Page 362 of 534 Annual Action Plan 2018 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) Table 4 – Citizen Participation Outreach Meridian City Council Meeting Agenda July 24, 2018 – Page 363 of 534 Annual Action Plan 2018 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction This section shows the amount of CDBG funding that the City of Meridian is expecting to receive for PY2018. How federal funds will be leveraged is also outlined. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 422,148 0 25,000 447,148 974,156 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Meridian City Council Meeting Agenda July 24, 2018 – Page 364 of 534 Annual Action Plan 2018 23 OMB Control No: 2506-0117 (exp. 06/30/2018) The City of Meridian receives CDBG funds directly through its annual entitlement; this is the only HUD funding that the City directs toward projects. Non-profit organizations utilize other federal, state, and private grant funds. Public Housing programs including Family Self-Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding. For example, BCACHA has historically leveraged CDBG funds from Meridian with CDBG funds from other communities and HUD funding from their Family Self Sufficiency and Housing Choice Voucher Programs. Meridian Food Bank receives almost $100,000 of private donations and other grants on an annual basis to couple with their CDBG allocations. The Boys & Girls Clubs of Ada County receive funding from the USDA through the Department of Education and leverage those funds with the CDBG funding received from Meridian to help support their programs and projects. Jesse Tree partners with local banks, foundations, and or institutions and cities to help fund their rental assistance and other programs. The Meridian CDBG dollars would allow them to be able to Meridian City Council Meeting Agenda July 24, 2018 – Page 365 of 534 Annual Action Plan 2018 24 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There are currently no publically owned lands within Meridian that have been identified to specifically address needs of the plan. Except for Parks, Fire Stations and other properties containing municipal buildings like City Hall, the City does not own lands that could be donated. Discussion Please see above. Meridian City Council Meeting Agenda July 24, 2018 – Page 366 of 534 Annual Action Plan 2018 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Improve Accessibility 2017 2021 Non- Homeless Special Needs Better Accessibility in Meridian Improve Accessibility in Meridian CDBG: $319,148 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 200 Persons Assisted 2 Enhance Homeownership Opportunities 2017 2021 Affordable Housing Homeownership Opportunities: 80-120 Percent of AMI Down Payment Assistance Opportunities CDBG: $30,000 Direct Financial Assistance to Homebuyers: 3 Households Assisted 3 Administration and Fair Housing Activities 2017 2021 Admin CDBG: $35,000 Other: 0 Other Meridian City Council Meeting Agenda July 24, 2018 – Page 367 of 534 Annual Action Plan 2018 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 4 Provide Social Services 2017 2021 Non- Homeless Special Needs Low income services Improvements in Economic Stability Homeownership Opportunities: 80-120 Percent of AMI Rental Assistance and Affordable Rental Units Improved Housing Options and Supportive Services Rental Assistance Programs and Rental Units Service Programs - Low Income and Special Needs CDBG: $63,000 Public service activities other than Low/Moderate Income Housing Benefit: 2050 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 25 Households Assisted Homelessness Prevention: 25 Persons Assisted Table 6 – Goals Summary Goal Descriptions 1 Goal Name Improve Accessibility Goal Description 2 Goal Name Enhance Homeownership Opportunities Goal Description Meridian City Council Meeting Agenda July 24, 2018 – Page 368 of 534 Annual Action Plan 2018 27 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 Goal Name Administration and Fair Housing Activities Goal Description 4 Goal Name Provide Social Services Goal Description Meridian City Council Meeting Agenda July 24, 2018 – Page 369 of 534 Annual Action Plan 2018 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Projects AP-35 Projects – 91.220(d) Introduction During PY2018, CDBG will fund the following activities to address high priority needs of providing emergency services to low-income residents to prevent homelessness, helping low and moderate income residents achieve homeownership, and improving accessibility through ADA improvements and new streetlights. The expected program allocation and outcomes will include the projects listed below. Administration & Planning • Administration, Fair Housing & Planning Activities - $35,000 Public Facility • Meridian Development Corporation & City of Meridian – E 3rd Street Right of Way Improvements - $180,000 • Meridian Library District – ADA Upgrade to Facility Bathrooms - $77,970 • City of Meridian – Streetlight Installation - $61,178 ($25,000 from prior PY) Public Service • Meridian Food Bank - Hunger Relief Program - $30,000 • Boys & Girls Club - Scholarship Program - $13,000 • The Jesse Tree of Idaho - Homelessness Prevention - $10,000 • Education Foundation of West Ada School District – Housing + High School = Success Program - $10,000 Affordable Housing • Ada County Housing Authority - Homebuyer Assistance Program - $30,000 The City does not anticipate any obstacles to allocating these funds. Projects # Project Name 1 Administration 2 Public Services 3 Public Facilities Meridian City Council Meeting Agenda July 24, 2018 – Page 370 of 534 Annual Action Plan 2018 29 OMB Control No: 2506-0117 (exp. 06/30/2018) # Project Name 4 Housing Table 7 - Project Information Meridian City Council Meeting Agenda July 24, 2018 – Page 371 of 534 Annual Action Plan 2018 30 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The following allocation priorities were determined by the housing market analysis conducted for the last Consolidated Plan, stakeholder and resident input, and the review of fair housing barriers: Allocation to accessibility improvements: Persons with disabilities interviewed and surveyed for the last consolidated plan prioritized accessibility improvements, particularly public infrastructure. Community access for persons with disabilities was identified as a barrier in reference to lack of/poor sidewalks and access to handicapped parking. In addition, the Meridian Library District was recently found to be in noncompliance with ADA for their restroom facilities. See AP-50 for more details on the rationale for priorities for the noted streetlights and right of way improvement projects that aim to affect geographic areas than specific clientele. Allocation to down payment assistance was influenced by the 2017 Consolidated Plan survey that found nearly 90 percent of renters expressed an interest in homeownership. Not having enough money for a down payment (40% of renters who want to buy) and poor credit (16%) were the top reasons these renters had not achieved homeownership. Allocation to emergency rental assistance: The last Consolidated Plan identified a shortage of 1,077 rental units to serve Meridian households earning $25,000 and less (rents of $625 and less, including utilities). This gap increased in the past 5 years to 1,348 units. The increase was largely due to additional households falling below the poverty line. Funding to support scholarships at the Boys and Girls Club was related to the finding in the 2017-2021 AI that lower income children, particularly those living in Census tracts with a high density of residents with a national origin other than the United States, have lower access to proficient schools. Funding for the Meridian Food Bank is related to growth in demand for food support. The recession affected many Meridian residents, and some low-income residents have not fully recovered from job and housing losses. Investing in the food bank helps level the playing field for low-income residents, especially children, who perform better in school when they have adequate nutrition. The primary obstacles to fully addressing residents’ needs are 1) Limited supply of affordable units, and 2) Limited funding. The City has allocated funding to both address needs within the limitations of Meridian City Council Meeting Agenda July 24, 2018 – Page 372 of 534 Annual Action Plan 2018 31 OMB Control No: 2506-0117 (exp. 06/30/2018) funding. Meridian City Council Meeting Agenda July 24, 2018 – Page 373 of 534 Annual Action Plan 2018 32 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information Meridian City Council Meeting Agenda July 24, 2018 – Page 374 of 534 Annual Action Plan 2018 33 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Administration Target Area Goals Supported Administration and Fair Housing Activities Needs Addressed Funding CDBG: $35,000 Description This project will have activities that relate to the administrative, planning, and fair housing processes of the CDBG program during PY2018. Target Date 9/30/2019 Estimate the number and type of families that will benefit from the proposed activities 0 Location Description The work under this project will be carried out by the City of Meridian's Community Development Program Coordinator at Meridian City Hall located at 33 E. Broadway Avenue. Planned Activities Administration and Planning - $25,000 Fair Housing - $10,000 2 Project Name Public Services Target Area Goals Supported Enhance Homeownership Opportunities Provide Social Services Needs Addressed Improvements in Economic Stability Homeownership Opportunities: 80-120 Percent of AMI Rental Assistance and Affordable Rental Units Improved Housing Options and Supportive Services Rental Assistance Programs and Rental Units Service Programs - Low Income and Special Needs Funding CDBG: $63,000 Description This project will focus on providing needed public, human, and social service programs to eligible clientele facing special needs in Meridian. Target Date 9/30/2019 Meridian City Council Meeting Agenda July 24, 2018 – Page 375 of 534 Annual Action Plan 2018 34 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities 2175 Location Description Boys and Girls Clubs of Ada County - 911 N Meridian Rd, Meridian, ID 83642 Jesse Tree of Idaho - various locations across Meridian as clientele needs dictate Education Foundation for West Ada School District - various locations across Meridian as clientele needs dictate Meridian Food Bank - 133 W Broadway Ave, Meridian, ID 83642 Planned Activities • Meridian Food Bank - Hunger Relief Program - $30,000 • Boys & Girls Club - Scholarship Program - $13,000 • The Jesse Tree of Idaho - Homelessness Prevention - $10,000 • Education Foundation of West Ada School District – Housing + High School = Success Program - $10,000 3 Project Name Public Facilities Target Area Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: $319,148 Description This project focuses on the development of new or improved public facilities that meet the needs of LMI individuals in Meridian. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities 200 Location Description Meridian Library District ADA Improvements - MDC Right of Way Improvements - E 3rd St (Slum and Blight Redevelopment Area) City of Meridian Streetlight Installation - E Chateau St in Block Group 1, Census Tract 103.33 Meridian City Council Meeting Agenda July 24, 2018 – Page 376 of 534 Annual Action Plan 2018 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities • Meridian Development Corporation & City of Meridian – E 3rd Street Right of Way Improvements - $180,000 • Meridian Library District – ADA Upgrade to Facility Bathrooms - $77,970 • City of Meridian – Streetlight Installation - $61,178 ($25,000 from prior PY) 4 Project Name Housing Target Area Goals Supported Needs Addressed Homeownership Opportunities: 80-120 Percent of AMI Down Payment Assistance Opportunities Funding CDBG: $30,000 Description This project addresses housing-related needs for residents in Meridian, including down-payment assistance programs. Target Date 9/30/2019 Estimate the number and type of families that will benefit from the proposed activities 3 Location Description Location is dependent on where the eligible client can find a home in their price range. Planned Activities • Ada County Housing Authority - Homebuyer Assistance Program - $30,000 Meridian City Council Meeting Agenda July 24, 2018 – Page 377 of 534 Annual Action Plan 2018 36 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The following are the areas that will have programs and projects ongoing during PY2018 that are assisted with CDBG funds: -Meridian Development Corporation and City of Meridian’s Right of Way Improvements to the E 3rd Street in the City’s Slum and Blight Redevelopment Area is focused on eradicated some of the most apparent contributing conditions to the areas slum and blight features including a lack of sidewalk and public infrastructure, as well as an open waterway running through the property and neighborhood. CDBG funds will be used to remedy these factors to increase the safety and usability of this area of the City’s Redevelopment Area. -The City of Meridian’s Public Works Department is focusing on Block Group 1, Census Tract 103.33 to develop and install new streetlights in an area where there is none. This area along E. Chateau Drive is a key pathway to school for students at Chief Joseph Elementary School. These newly installed lights will provide lighting in the mornings to kids walking to school when there previously was no lighting while also providing improved visibility and safety for travelers at night. Geographic Distribution Target Area Percentage of Funds Table 8 - Geographic Distribution Meridian City Council Meeting Agenda July 24, 2018 – Page 378 of 534 Annual Action Plan 2018 37 OMB Control No: 2506-0117 (exp. 06/30/2018) Rationale for the priorities for allocating investments geographically These two projects are geographically benefiting LMI populations and economic opportunities where there has been a defined need and priority. The MDC project is happening in conjunction with two other economic development activities (unassisted by and unrelated to CDBG) that are bringing many more jobs to the block and streets directly around this property that will see these improvements. Because of these eventual increases to road and foot traffic to the area, and to better foster economic development and the eradication of slum and blight in this area, particularly along this one street, these funds are being provided. The Streetlights project has been a key priority for the public works department and the Meridian City Council primarily because of its proximity to education centers for local students. Thus this project was prioritized over other streetlight projects that CDBG could have been used for. Discussion Please see above. Meridian City Council Meeting Agenda July 24, 2018 – Page 379 of 534 Annual Action Plan 2018 38 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction Below are the goals of the City of Meridian as they relate to affordable housing for PY2018. These goals are dependent on the activities funded using the PY2018 CDBG grant. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 13 Special-Needs 15 Total 28 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 25 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 3 Total 28 Table 10 - One Year Goals for Affordable Housing by Support Type Meridian City Council Meeting Agenda July 24, 2018 – Page 380 of 534 Annual Action Plan 2018 39 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion Table 6: It is difficult to determine the housing status of those households supported through PY17 CDBG partnerships. However, it is presumed that a minimum of 3 non-homeless households will be supported through the programs at ACHA with another 10 or so non-homeless families expected to be served by Jesse Tree. It is also estimated that CDBG support to the Education Foundation of West Ada School District’s Housing + High School = Success will assist 15 unaccompanied homeless/special needs youth. Because the School District tracks their homeless data using a different definition of "homelessness" than HUD, these individuals will be included in the Special-Needs category rather than the "Homeless" category though many of these clients are likely to be considered homeless under both definitions. There is also an estimated 2100 households will be helped by Meridian Food Bank and the Boys & Girls Club of Ada County which help individuals with special needs. Some of these 2100 households would likely be considered “Homeless” but neither organization tracks the housing status of their clients. Thus we can’t substantiate the housing status of these estimated 2100 clients to be served and their numbers are not included in this table. Table7: Jesse Tree works to prevent homelessness and we anticipate around 10 households being supported by their services through our PY18 CDBG funds. In addition, the Education Foundation of West Ada School District will provide housing stipends and other housing assistance to around 15 homeless youth during PY18. Also, our partnership with AACHA will serve 3 families to help them find housing in Meridian and assist in supplementing down payment and closing costs for those homes. Meridian City Council Meeting Agenda July 24, 2018 – Page 381 of 534 Annual Action Plan 2018 40 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-60 Public Housing – 91.220(h) Introduction This section is not applicable as Meridian does not have a local housing authority or public housing units. Instead, Meridian is served by the Boise City/Ada County Housing Authority which provides vouchers to qualifying residents in Meridian. The greatest need for low-to-moderate income renters in Meridian is rental housing with rents at or below the Fair Market Rent. Actions planned during the next year to address the needs to public housing N/A Actions to encourage public housing residents to become more involved in management and participate in homeownership N/A If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion Please see “Introduction” of this section. Meridian City Council Meeting Agenda July 24, 2018 – Page 382 of 534 Annual Action Plan 2018 41 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction This section discusses how the City of Meridian will address the needs of persons at risk of and experiencing homelessness in the City during PY18. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Meridian has been an active member of the Ada County Continuum of Care (CoC) for the last four years. City representatives have been particularly involved in the CoC’s Executive and Housing Committees with the hops of better understanding and coordinating the needs that Meridian’s homeless individuals face and how to better serve them. In addition, City representatives are frequently involved in public discussions, presentations, and meetings with citizens, other governmental officials, and local service providers including West Ada School District, Jesse Tree, and CATCH to provide support, understanding, and outreach to the homeless in Meridian. The City has also worked with Boise State University, the City of Boise, and the CoC to better implement a data collection protocol that can exist countywide. This data system is able to track where Meridian’s homeless population came from and the reasons for their homelessness. This data and information will better inform strategies and partnerships that the City can implement in the future. During PY18, the City is committed to further exploring these data and strive to come to a better understanding of the who, what, when, where, and why of Meridian’s homeless population. The City is also committed to furthering its commitment serving the individual needs of Meridian’s homeless population, particularly homeless youth, though CDBG funding support to the Education Foundation of West Ada School District’s Housing + High School = Success. The City intends to continue to use its partners to identify, understand, and support homeless individuals (especially unsheltered persons) in Meridian. Addressing the emergency shelter and transitional housing needs of homeless persons As noted, the City of Meridian is regularly in contact with case management and support services organizations like CATCH and Jesse Tree to assess and address the emergency and transitional housing needs of homeless persons in Meridian. In 2017, Jesse Tree was funded through Meridian’s CDBG program to help provide emergency rental assistance to Meridian residents at risk of losing housing. In Meridian City Council Meeting Agenda July 24, 2018 – Page 383 of 534 Annual Action Plan 2018 42 OMB Control No: 2506-0117 (exp. 06/30/2018) the City’s PY2017 Annual Action Plan, the City said it would consider grant applications for similar projects that would meet emergency and transitional housing needs in Meridian. Although PY2018 will not be funding any of these types of projects, the City is working with a few partners, Mentor Works and Our Path Home, to get a better idea of future transitional and emergency shelter needs and projects in the near future. The City is also part of coordinated conversations with CATCH, the CoC, and Idaho Housing and Finance Association, as well as other state housing providers, to better discuss and plan current and future transitional and emergency housing needs in the region and the state. The City is hopeful that a transitional housing provider will locate in the City limits within the coming 3-5 years. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Through City’s CDBG program, Meridian has funded organizations like NeighborWorks Boise and Ada County Housing Authority to help provide down payment and closing cost assistance to low-to- moderate income residents of Meridian. In addition, Meridian’s work with Jesse Tree and CATCH in previous and future years has helped proved rental and case management services aimed at preventing and resolving needs for homeless and near-homeless families and individuals in Meridian. Also, Meridian’s work with the CoC are indicators of the efforts the City has made to help explore and address the needs of Meridian’s homeless population. In PY2017, the City helped plan and conduct the CoC’s annual Point in Time count, assisted Boise State University researchers conduct research on the number of homeless youth in the City, served on a planning committee to build a new Permanent Supportive Housing development located in Boise, and regularly coordinated with partners and residents to better understand and address needs of the homeless population in Meridian and across the region. The partnerships that the City has with local committees, organizations, and networks in evaluating, understanding, and addressing the many needs of Meridian’s homeless population include Meridian Police Department, Ada County Sheriff’s Office, City of Boise, City of Nampa, City of Caldwell, Women’s and Children’s Alliance, Astegos, Jesse Tree, Boys & Girls Clubs of Ada County, West Ada School District, CATCH, Ada County Housing Authority, Local HUD office, Ada County Continuum of Care, Meridian Food Bank, United Way, NeighborWorks Boise, IHFA, Terry Riley, El-Ada Community Action, Our Path Home, Meridian City Council Meeting Agenda July 24, 2018 – Page 384 of 534 Annual Action Plan 2018 43 OMB Control No: 2506-0117 (exp. 06/30/2018) and many others. These partnerships are extensive and ongoing in order to help address and prevent homelessness in Meridian. These efforts, particularly coordination and participation with CATCH and the local CoC are designed to assist local service providers in helping homeless persons make the transition to permanent housing and independent living while shortening the period of time that individuals and families experience homelessness. Specifically, the City participates in the CoC’s Data and Performance Measurement Committee which supports the Our Path Home coordinated entry system. A main goal of this activity to identify needs and set goals that the City can achieve to meet given targets. In addition, the City's current and future funding relationship with NeighborWorks Boise, Boise City/Ada County Housing Authority, Education Foundation of West Ada School District, and Jesse Tree are aimed to develop activities through the CDBG program aimed at facilitating access for homeless individuals and families to affordable housing unit while also preventing individuals and families from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Meridian’s CDBG Program currently funds Jesse Tree to provide emergency rental assistance to LMI residents who are at risk of becoming homeless. During PY2018 the City will continue to provide funding to Jesse Tree, as well as the Education Foundation of West Ada School District which provides housing stipends and assistance to homeless, unaccompanied youth in Meridian. Both of these organization are working to keep families, individuals, and children off of the streets and in some sort of stable housing. Meridian also partners with other organizations like Meridian Food Bank and CATCH to assess needs and provide services for those at risk of becoming homeless. Please refer to the previous explanation for a list of the partnerships Meridian has to help prevent and address the homelessness needs of LMI individuals in the City. However, Meridian currently does not have any planned activities to address the housing needs of those who are, specifically, being discharged from publicly funded institutions and systems of care or who are receiving public or other assistance outside of the details specified. Work is being done to expand the City's role in the Continuum of Care's Coordinated Entry and other committees to help address any needs being faced in the community. Meridian City Council Meeting Agenda July 24, 2018 – Page 385 of 534 Annual Action Plan 2018 44 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion Much of the work that is being funded through the City's CDBG program is aimed toward homelessness prevention among the LMI population in the community. Answers to the questions in this section specify many of the different services and activities that Meridian is exerting energy and resources toward to help the local homeless and nearly-homeless populations. Development of public transportation opportunities for seniors, ADA compliance improvements to public facilities, and public facility improvements such as sidewalk and streetlight improvements in LMI areas are focused, outside of those already noted, to meet the needs of persons who are and who are not homeless in the community. Meridian City Council Meeting Agenda July 24, 2018 – Page 386 of 534 Annual Action Plan 2018 45 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing – 91.220(j) Introduction: Section V, a supplement to the City’s 2017-2021 Consolidated Plan, analyzes public and private barriers to housing choice in Meridian. Stakeholders were also interviewed about housing barriers. Barriers associated with tax policies, land use controls and zoning, building codes, fees and charges, growth limits, and policies affecting the return on residential investment were not identified as barriers. On the contrary, the review found a favorable environment for development and a migration toward more diverse housing types. As such, the actions summarized below do NOT address the negative effects of public policies that serve as barriers to affordable housing (policies, procedures, processes). Instead, they focus on actions that address other types of identified barriers. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City has recently expressed a commitment to creating more diverse housing types through its redevelopment plan for downtown. The plan states that creating diverse housing opportunities for different housing needs and life-cycles in downtown Meridian is important to support new businesses and activity. A healthy housing mix will also help to draw people downtown and ensure 24-7 activity. Housing created or redeveloped as part of the downtown plan is expected to include apartments, townhomes, condominiums, duplexes, and single-family homes. The City has helped facilitate the recent RFP for a large portion of the publicly-owned properties in downtown meridian with a priority being given to those proposals that will development mixed use and high-density housing developments. In 2017, to evaluate potential fair housing concerns within the City’s zoning code, the City had BBC Consulting utilize a “Review of Public Policies and Practices (Zoning and Planning Codes)” form recently circulated by the Los Angeles fair housing office of HUD. The research did not reveal any negative effects of public policies that serve as barriers to affordable housing. This includes land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting returns on residential investment. In addition, over the next few program years, the City intends to undergo a review of potential policy and code changes that will incentivize the future development of multi-family and affordable housing units in Meridian. Meridian City Council Meeting Agenda July 24, 2018 – Page 387 of 534 Annual Action Plan 2018 46 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion: Please see the Grantee Unique Appendices attached to the City’s 2017-2021 Consolidated Plan for details (Section V, pages 9 through 11). Meridian City Council Meeting Agenda July 24, 2018 – Page 388 of 534 Annual Action Plan 2018 47 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions – 91.220(k) Introduction: This section discusses the Other Actions the City will take to address the needs of low-income residents. Actions planned to address obstacles to meeting underserved needs The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. The City has made steps this year to address the underserved needs of unaccompanied youth and the physically disabled in Meridian through CDBG funding being allocated to projects that would exclusively support both populations. Actions planned to foster and maintain affordable housing The City intends to partner with local service providers to provide emergency assistance to families who are at risk of eviction and homelessness. The City will also explore additional partnerships—including partnerships with mission-driven and private developers—to bring more workforce housing into downtown and underutilized land parcels. Finally, the city will partner with local service providers to provide down payment assistance to help renter households become homeowners. Actions planned to reduce lead-based paint hazards Over the course of the upcoming program year, the City will maintain information on lead-based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City’s website, and at other locations throughout the community. Actions planned to reduce the number of poverty-level families Please see above. The City believes this should be a regional effort and will take more of a leadership role in addressing the needs of families living in poverty. Meridian's CDBG program intends to fund programs that provide emergency assistance to families who are at risk of homelessness, provide food supplies to those individuals in need, provide housing cost assistance for residents unable to cover the full costs of home purchases, among other activities. The City's local strategic plan also plans to address poverty-based issues through the expansion of needed public services as well as the ever-strong focus of Meridian on economic development and the expansion of quality employment opportunities for the Meridian City Council Meeting Agenda July 24, 2018 – Page 389 of 534 Annual Action Plan 2018 48 OMB Control No: 2506-0117 (exp. 06/30/2018) jurisdiction’s LMI population. The City is currently working on an in-depth socioeconomic profile of the City to help identify the needs of community members as it pertains to Housing, Finances, Food, Education, Health Care, and Transportation. Completing this research will allow us better understand the factors in the community that are contributing factors to those residents who are facing poverty in meridian, as well as help define solutions that could help mitigate those factors. The City’s hope is that this research will provide long-term insights and strategies to help reduce the number of poverty-level families in Meridian. Actions planned to develop institutional structure There are few capacity issues related to institutional structure in Meridian and the surrounding area. However, the City will be making the CDBG Administrator position a full-time position that is fully funded out of the City’s general fund. This institutional change is designed to provide more time to run effectively and efficiently the CDBG program as well as provide flexibility for the position to expand efforts into economic and other areas that can help meet the community development needs of the City. Staff will continue to work to attain relevant and appropriate professional development trainings during the program year to learn and address current and future institutional problems. Discussions will continue about the expansion and opportunities to add new program staff to assist in this community development work. External to the City, the City has been involved in the institutional restructuring of the Ada County CoC as well as the implementation of new HMIS and Coordinated Entry standards for service providers in the County. These activities have dramatically altered the institutional framework of housing and other service providers in the region and has improved the efficiency and transparency of the coordinated work being done to address these needs. The City hopes to identify new institutional structures that can be developed, reformed or changed to better support the needs of those most at risk in the region (e.g. transitional and emergency housing networks). Actions planned to enhance coordination between public and private housing and social service agencies There are few capacity issues related to coordination between public and private organizations in Meridian and the surrounding area. However, the City's partnership and funding relationship with local housing services organizations including NeighborWorks Boise, Jesse Tree, Boise City/Ada County Housing Authority, and Education Foundation of West Ada School District will continue to expand in this program year. In addition, coordination with other organizations like CATCH, Astegos, Boise Rescue Mission, Interfaith Sanctuary, Terry Riley, El-Ada Community Action, Janus, Idaho Office for Refugees, Agency for New Americans, Women’s and Children’s Alliance, and all members associated with the local Meridian City Council Meeting Agenda July 24, 2018 – Page 390 of 534 Annual Action Plan 2018 49 OMB Control No: 2506-0117 (exp. 06/30/2018) Continuum of Care (including private housing developers) will continue to be built upon to improve networks, coordination, and problem solving in the jurisdiction. Meridian's participation in the local continuum of care, housing and homelessness roundtables, and other regional coordination efforts outlines the City's continued action plan for enhancing the networking and coordination between public and private housing and social service agencies. Discussion: Please see above. Meridian City Council Meeting Agenda July 24, 2018 – Page 391 of 534 Annual Action Plan 2018 50 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Below is a description of the program requirements for Meridian's CDBG program and its commitment to meet those requirements. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 53.51% Meridian City Council Meeting Agenda July 24, 2018 – Page 392 of 534 Annual Action Plan 2018 51 OMB Control No: 2506-0117 (exp. 06/30/2018) This City's certification period includes program years 2018, 2019, and 2020. The City commits to meet the 70% LMI benefit requirement of the federal CDBG program over the span of that three year certification period. With that said, during Program Year 2018, the City has allocated 53.51% of its funding to LMI-benefit projects. The City commits to ensure that, in the 2019 and 2020 program years, the City will allocate more than 70% of its funds to LMI-benefit projects in order to meet the requirement for the cumulative certification period. Meridian City Council Meeting Agenda July 24, 2018 – Page 393 of 534 Annual Action Plan 2018 52 OMB Control No: 2506-0117 (exp. 06/30/2018) Meridian City Council Meeting Agenda July 24, 2018 – Page 394 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9E Project/File Number: Item Title: Resolution No. 18-2091 Meridian Parks And Recreation Fees Public Hearing for Proposed Parks Fees 1. Resolution No. 18-2091: A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. Meeting Notes u✓ APPROIED Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-E Project Name: Proposed Park Fees Project Number: Proposed Park Fees Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time CITY OF MERIDIAN RESOLUTION NO. 9 � 2— BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS MILAM, PALMER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on July 13, 2018 and July 20, 2018, according to the requirements of Idaho Code section 63-1311A, on July 20, 2018, the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in ExhibitA hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the 2018 Fall Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit hereto, is hereby adopted. Section 2. That the fees adopted for the 2018 Fall Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in ExhibitA hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 24�.1day of July, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 2q,4i day of July, 2018. de W ATTEST• �` ' City of w IDIAN*.- C.Ja Coles, Clerk IDAHO SEAL ADOPTION OF FEE SCHEDULE OF MERIDIAN RECREATION DEPARTMENT PAGE I OF 3 EXHIBIT A Activity Guide Class Fees: Current Proposed Preschool Fun N/A $37.00 Preschool Fun PLUS N/A $42.00 Motions Dance – Dazzle & Dance N/A $25.00 - $35.00 Motions Cheerleading – Rec Cheerleading 1 N/A $30.00 Motions Cheerleading – Rec Cheerleading 2 N/A $35.00 Motions Cheerleading – Rec Cheerleading 3 N/A $40.00 Motions Cheerleading – Rec Cheerleading 4 N/A $40.00 Motions Tumbling – Tumble & Twist N/A $40.00 - $45.00 Motions Tumbling – Tumble & Flip N/A $45.00 Motions Capoeira – Little Ninja Copoeira (Beginning) N/A $45.00 Motions Capoeira – Capoeira 1 & 2 N/A $30.00 - $40.00 Inspired Dance – Inspired Dance Clinic N/A $30.00 Inspired Dance – Creative Dance N/A $45.00 Inspired Dance – Beginning Ballet N/A $56.00 Inspired Dance – Teen Ballet & Lyrical N/A $56.00 Inspired Dance – Ballet & Lyrical Technique 1 N/A $56.00 Inspired Dance – Ballet & Lyrical Technique 2 N/A $63.00 - $72.00 Hip Hop & Contemporary N/A $56.00 Hip Hop & Contemporary 1 & 2 N/A $56.00 Hip Hop & Contemporary 2 & 3 N/A $56.00 Stretching, Jazz Leaps – N – Turns N/A $56.00 Cod Learn To Play Lacrosse – No School Day Clinics N/A $27.00 TVCT – Beginning Acting for Teen Homeschool Students N/A $135.00 TVCT – Beginning Acting N/A $125.00 TVCT – Theater for Early Learners N/A $58.00 MAC Meridian – Drawing the Portrait N/A $100.00 MAC Meridian – Create Your Own Monster N/A $45.00 MAC Meridian – Print Making N/A $20.00 MAC Meridian – Paper Marbling N/A $20.00 MAC Meridian – Family Art Day – Christmas Ornaments N/A $25.00 MAC Meridian – Hand Make Holiday Cards N/A $40.00 Tang Soo Do – Martial Arts for Kids – Smiling Tigers N/A $40.00 Tang Soo Do – Martial Arts for All Ages – Beg. & Inter. N/A $40.00 Yoga – All Levels N/A $35.00 Yoga – Gentle Yoga N/A $35.00 Yoga – Beyond The Basics N/A $35.00 Yoga – Unlimited Yoga N/A $45.00 Yoga – Restorative & Guided Meditation Workshop N/A $10.00 Gentle Movement Stretch N/A $21.00 - $28.00 Pickleball 101 N/A $60.00 Line Dancing – Intermediate N/A $15.00 - $20.00 Meridian City Council Meeting Agenda July 24, 2018 – Page 398 of 534 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 3 OF 3 Line Dancing – Beginner N/A $15.00 - $20.00 Line Dancing – 8 Day Option N/A $40.00 Starlight Mountain Theater Dinner and Show N/A $48.00 Whitewater Rafting Adventure N/A $45.00 Fine Art Painting – Watercolor & Acrylics N/A $70.00 Yoga for Preschoolers N/A $42.00 Yoga for Elementary Ages N/A $42.00 Sports League Team Fees Fall Basketball $448.11 $485.85 Winter Basketball $448.11 $485.85 Flag Football N/A $400.94 Meridian City Council Meeting Agenda July 24, 2018 – Page 399 of 534 City Council Meeting July 24, 2018 Item #9H: Costco Development Agreement Modification Conceptual Elevations Item #9I: Sodalicious – Vicinity/Zoning Map Site Plan approved by Ada County Item #9J: Graycliff Estates Vicinity/Zoning Map Existing Approved Preliminary Plat Proposed Preliminary Plat Proposed Conceptual Elevations Apartments Item #9K: Keep Subdivision Vicinity/Zoning Map Preliminary Plat Landscape Plan Conceptual Building Elevations Item #9L: Compass Charter School Future Land Use Map Proposed Concept Plans REVISED Proposed Building Elevations City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9F Project/File Number: H-2018-0068 Item Title: Hill's Century Farms No. 11 Final Plat for Hill's Century Farms No. 11 (H-2018-0068) by Brighton Investments, LLC, Located East of S. Eagle Rd. and South of E. Amity Rd. Meetina Notes CU-df1,VJ V lil)�L4T DI) -�wk City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9G Project/File Number: H-2018-0018 Item Title: Cherry Blossom Subdivision Public Hearing for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company, Located at 615 W. Cherry Lane 1. Request: A Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 47 Single -Family Residential Building Lots and 11 Common Lots on 10.25 Acres of Land in the Proposed R-8 Zoning District Meetinq Notes � AvAt FP c� /"'f (,/ C`4 1V Pc" i lE City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9H Project/File Number: H-2018-0066 Item Title: Costco Wholesale Public Hearing for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations Meetinq Notes �fiA$' Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-H Project Name: Costco Wholesale Project Number: H-2018-0066 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Linda arnold 972 W Bacall 83646 Meridian Id X 7/24/2018 17:27 Michael Arnold 972 W. Bacall St.MeridianId. 83646 X 7/24/2018 17:28 Jane Albert 6628 N. Salvia Way Meridian ID 83646 X X 7/24/2018 17:32 Richard gardner 6650 N Salvia Way Meridian Id 83646 X 7/24/2018 17:45 Michael Battaglia 4212 W Wolf Rapids Street Meridian ID. 83646 X X 7/24/2018 17:58 Suzanne Landon 6623 N. Levenham Ave.Meridian Idaho 83646 X 7/24/2018 18:20 Marsha Denis 6623 N. Levenham Ave.Meridian Idaho 83646 X 7/24/2018 18:23 Changes to Agenda:  Item #9F: Hill’s Century Farm Sub. 11 – FP (H-2018-0018) – Applicant requests continuance to August 21st in order to allow additional time to prepare an open space exhibit that was required with the previous phase of development.  Item #9G: Cherry Blossom – RZ, PP (H-2018-0018) – Applicant requests continuance to August 21st due to the site not being posted within the required time frame prior to the hearing. Item #9H: Costco Wholesale - MDA (H-2018-0066) Application(s):  Development Agreement Modification Size of property, existing zoning, and location: This site is located at the SWC of N. Ten Mile Rd. & W. Chinden Blvd. and is zoned C-G. History: The property was recently annexed into the City as part of the Lost Rapids project. A DA was required as a provision of annexation but has not yet been approved by City Council and recorded. Summary of Request: The applicant requests an amendment to the DA provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store, and addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application. The conceptual elevations submitted with the annexation and zoning application were not approved by City Council. A provision of the DA requires the agreement to be amended to include conceptual building elevations for the Costco store as discussed at the hearing on April 3rd. Several conceptual designs were submitted to the Mayor and City Council for review prior to submittal of this application. Based on the feedback received, the Applicant submitted concept elevations as shown. Building materials consist of split face CMU, stucco, ribbed metal paneling, steel trellis awnings, and glass entry and sectional doors; various colors of materials are used for interest and variety. A 5’ tall berm with landscaping and 6’ tall wood fence is proposed along the back (west) side of the Costco building to buffer the future residential uses; this buffer will also assist in screening that side of the building. The applicant is required to submit a Design Review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards listed in the Architectural Standards Manual. If any of the standards cannot be met, a request for a design standard exception should be submitted as set forth in the ASM. Written Testimony:  Andrea Nist, Chrys Eastman, Helene Thompson, Jenniffer Card, Jessica Carter, Karen Staff, Sarah Haynes, Steve Traviss – not in favor of proposed elevations, want a more unique neighborhood friendly design  Shane Hanson (comments unrelated to the subject application) Staff Recommendation: Approval w/the changes to the DA noted in Exhibit A.3 of the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0066, as presented in the staff report for the hearing date of July 24, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0066, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0066 to the hearing date of July 24, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) 1 2 35 4 29’-8”T.O. PARAPET33’-0”T.O. CORNICE33’-2”T.O. CORNICE 33’-2”T.O. CORNICE32’-0”T.O. PARAPET 30’-6” T.O. PARAPET 33’-0” T.O. CORNICE 31’-0”T.O. PARAPET34’-0”T.O. CORNICE 34’-0”T.O. CORNICE30’-0”T.O. PARAPET29’-10”T.O. PARAPET STUCCO FINISH PANEL - ‘LIGHT GRAY’STUCCO FINISH PANEL- ‘LIGHT GRAY’STUCCO FINISH PANEL - ‘LIGHT GRAY’CORNICE - ‘CHARCOAL’CORNICE - ‘CHARCOAL’ CORNICE - ‘CHARCOAL’ STEEL AWNING‘MISTIQUE PLUS’HORIZONTAL RIBBED PANEL - ‘MISTIQUE PLUS’ ROLL-UP DOOR - ‘GRAY’ DOCK SCREEN WALL - CONCRETE ‘NATURAL FINISH’ ACCENT BAND - ‘SAFETY RED’COPING - ‘CHARCOAL’STEEL TRELLIS - ‘CHARCOAL’STEEL TRELLIS - ‘CHARCOAL’ STEEL TRELLIS - ‘CHARCOAL’ CONCRETE COLUMN- NATURAL FINISH CONCRETE COLUMN- NATURAL FINISHCOMPACTORSTRANSFORMER EGRESS DOORS TO MATCH ADJACENT WALL COLOR LED WALL PACKS SECTIONAL DOORS - GLASS + ‘CHARCOAL’ANODIZED ALUMINUM SECTIONAL DOORS - GLASS + ‘CHARCOAL’ANODIZED ALUMINUM CMU WALL- ‘MEDIUM GRAY’SOLDIER COURSE ACCENT BAND - ‘MEDIUM GRAY’CMU BASE - ‘MEDIUM GRAY’ 1 2 35 4 29’-8”T.O. PARAPET33’-0”T.O. CORNICE33’-2”T.O. CORNICE 33’-2”T.O. CORNICE32’-0”T.O. PARAPET 30’-6” T.O. PARAPET 33’-0” T.O. CORNICE 31’-0”T.O. PARAPET34’-0”T.O. CORNICE 34’-0”T.O. CORNICE30’-0”T.O. PARAPET29’-10”T.O. PARAPET STUCCO FINISH PANEL - ‘LIGHT GRAY’STUCCO FINISH PANEL- ‘LIGHT GRAY’STUCCO FINISH PANEL - ‘LIGHT GRAY’CORNICE - ‘CHARCOAL’CORNICE - ‘CHARCOAL’ CORNICE - ‘CHARCOAL’ STEEL AWNING‘MISTIQUE PLUS’HORIZONTAL RIBBED PANEL - ‘MISTIQUE PLUS’ ROLL-UP DOOR - ‘GRAY’ DOCK SCREEN WALL - CONCRETE ‘NATURAL FINISH’ ACCENT BAND - ‘SAFETY RED’COPING - ‘CHARCOAL’STEEL TRELLIS - ‘CHARCOAL’STEEL TRELLIS - ‘CHARCOAL’ STEEL TRELLIS - ‘CHARCOAL’ CONCRETE COLUMN- NATURAL FINISH CONCRETE COLUMN- NATURAL FINISHCOMPACTORSTRANSFORMER EGRESS DOORS TO MATCH ADJACENT WALL COLOR LED WALL PACKS SECTIONAL DOORS - GLASS + ‘CHARCOAL’ANODIZED ALUMINUM SECTIONAL DOORS - GLASS + ‘CHARCOAL’ANODIZED ALUMINUM CMU WALL- ‘MEDIUM GRAY’SOLDIER COURSE ACCENT BAND - ‘MEDIUM GRAY’CMU BASE - ‘MEDIUM GRAY’ 1 2 35 4 29’-8”T.O. PARAPET33’-0”T.O. CORNICE33’-2”T.O. CORNICE 33’-2”T.O. CORNICE32’-0”T.O. PARAPET 30’-6” T.O. PARAPET 33’-0” T.O. CORNICE 31’-0”T.O. PARAPET34’-0”T.O. CORNICE 34’-0”T.O. CORNICE30’-0”T.O. PARAPET29’-10”T.O. PARAPET STUCCO FINISH PANEL - ‘LIGHT GRAY’STUCCO FINISH PANEL- ‘LIGHT GRAY’STUCCO FINISH PANEL - ‘LIGHT GRAY’CORNICE - ‘CHARCOAL’CORNICE - ‘CHARCOAL’ CORNICE - ‘CHARCOAL’ STEEL AWNING‘MISTIQUE PLUS’HORIZONTAL RIBBED PANEL - ‘MISTIQUE PLUS’ ROLL-UP DOOR - ‘GRAY’ DOCK SCREEN WALL - CONCRETE ‘NATURAL FINISH’ ACCENT BAND - ‘SAFETY RED’COPING - ‘CHARCOAL’STEEL TRELLIS - ‘CHARCOAL’STEEL TRELLIS - ‘CHARCOAL’ STEEL TRELLIS - ‘CHARCOAL’ CONCRETE COLUMN- NATURAL FINISH CONCRETE COLUMN- NATURAL FINISHCOMPACTORSTRANSFORMER EGRESS DOORS TO MATCH ADJACENT WALL COLOR LED WALL PACKS SECTIONAL DOORS - GLASS + ‘CHARCOAL’ANODIZED ALUMINUM SECTIONAL DOORS - GLASS + ‘CHARCOAL’ANODIZED ALUMINUM CMU WALL- ‘MEDIUM GRAY’SOLDIER COURSE ACCENT BAND - ‘MEDIUM GRAY’CMU BASE - ‘MEDIUM GRAY’ Costco -MDA H-2018-0066 1 STAFF REPORT HEARING DATE: July 24, 2018 (Continued from: July 17, 2018) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Costco – MDA H-2018-0066 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Peter Kahn, Costco Wholesale, requests an amendment to the development agreement (MDA) provisions for Costco to include conceptual building elevations for the future structure. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0066 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2018-0066 as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0066 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 off the southwest corner of N. Ten Mile Road and W. Chinden Blvd./SH 20/26, in the northeast ¼ of Section 27, Township 4N., Range 1W. B. Owners: GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: Costco Wholesale 999 Lake Dr. Meridian City Council Meeting Agenda July 24, 2018 – Page 403 of 534 Costco -MDA H-2018-0066 2 Issaquah, WA 98027 D. Representative: Steve Bullock, MG2 1101 2nd Ave. Seattle, WA 98101 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 C. Radius notices mailed to properties within 300 feet on: June 22, 2018 D. Applicant posted notice on site by: July 13, 2018 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single family homes, zoned RUT in Ada County and R-4 West: Vacant/undeveloped land, zoned R-15 South: Vacant/undeveloped land, zoned C-G & R-40 East: Vacant/undeveloped land, zoned C-G C. History of Previous Actions: The subject property was recently annexed into the City as part of the Lost Rapids project (H-2018-0004, Ordinance #18-1777). A development agreement was required as a provision of annexation but has yet been approved by City Council and recorded. VII. ANALYSIS The applicant requests an amendment to the development agreement (DA) provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store and addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application included in Exhibit A.2. The conceptual elevations submitted with the annexation and zoning application were not approved by City Council. A provision of the development agreement (DA) requires the agreement to be amended to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2018. The Applicant submitted several conceptual designs to the Mayor and City Council for review prior to submittal of this application. Based on comments received from the Mayor and City Council in regard to the building design (included in the application), the Applicant submitted the proposed concept elevations depicted in Exhibit A.2. Building materials are proposed to consist of split face CMU, stucco, ribbed metal paneling, steel trellis awnings, and glass entry and sectional doors; various colors of materials are used for interest and variety. The applicant is required to submit a Design Review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards listed in the Meridian City Council Meeting Agenda July 24, 2018 – Page 404 of 534 Costco -MDA H-2018-0066 3 Architectural Standards Manual. If any of the standards cannot be met, a request for a design standard exception should be submitted as set forth in the ASM (pgs. A-4, A-5). Staff recommends approval of the applicant’s requested modification to the DA as proposed with the concept elevations in Exhibit A.2 and staff’s recommended changes to the provisions in Exhibit A.3. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Building Elevations 3. Staff Recommended Changes to the Development Agreement Meridian City Council Meeting Agenda July 24, 2018 – Page 405 of 534 Costco -MDA H-2018-0066 4 Exhibit A.1: Vicinity/Zoning Map Site Meridian City Council Meeting Agenda July 24, 2018 – Page 406 of 534 Costco -MDA H-2018-0066 5 Exhibit A.2: Conceptual Building Elevations Meridian City Council Meeting Agenda July 24, 2018 – Page 407 of 534 Costco -MDA H-2018-0066 6 Meridian City Council Meeting Agenda July 24, 2018 – Page 408 of 534 Costco -MDA H-2018-0066 7 Meridian City Council Meeting Agenda July 24, 2018 – Page 409 of 534 Costco -MDA H-2018-0066 8 Meridian City Council Meeting Agenda July 24, 2018 – Page 410 of 534 Costco -MDA H-2018-0066 9 Exhibit A.3: Staff Recommended Changes to the Development Agreement 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat and landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 4. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 7. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 8. As committed to by the Applicant/Developer in response to neighborhood concerns, the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A “no thru truck traffic” sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 11- 3A-11C. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one (1) hour of closing; there shall be a 50% reduction in lighting levels after store closes consistent with that shown in Exhibit A.8. 9. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 10. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department is able to secure the required right-of-way, SH 20-26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). Meridian City Council Meeting Agenda July 24, 2018 – Page 411 of 534 Costco -MDA H-2018-0066 10 11. This agreement shall be amended in the future to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2018. The conceptual elevations included in Exhibit A.7 of the staff report are not approved. Meridian City Council Meeting Agenda July 24, 2018 – Page 412 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 91 Project/File Number: H-2018-0046 Item Title: Sodalicious Public Hearing for Sodalicious (H-2018-0046) by 10th & Fairview, Located at 1035 E. Fairview Ave. 1. Request: An Annexation and Zoning of 0.36 of an Acre of Land from the RUT to the C -G Zoning District Meeting Notes rte✓ APPINED Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-I Project Name: Sodalicious Project Number: H-2018-0046 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Item #9I: Sodalicious - AZ (H-2018-0046) Application(s):  Annexation & Zoning Size of property, existing zoning, and location: This site consists of 0.36 of an acre of land, zoned C-G, located at 1035 E. Fairview Ave. History: A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to operate on this site. This property is currently receiving City water and sewer service. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant proposes to annex 0.36 of an acre of land into the City with a C-G zoning district consistent with the Commercial FLUM designation for the property. Access is provided to this site via E. Fairview Ave. A cross-access easement exists to this site from the property to the east. Staff recommends a reciprocal cross-access easement is granted in accord with UDC standards as a provision of the DA. Although it’s not feasible at this time to utilize the cross-access due to the location of the billboard sign at the east boundary of the site, the easement will be in place so that in the future when the billboard is eventually removed, the access can be utilized. Because parking for the site is located at the NWC of the site along the west boundary, staff does not recommend a cross-access easement is provided to the west. Because the billboard that exists along the east boundary of this site was a permitted use under Ada County ordinances but is a prohibited use in the City, it’s considered a non-conforming sign per the UDC. As such, the sign is allowed to remain subject to the provisions for non-conforming signs set forth in UDC 11-1B-6. The street buffer along E. Fairview Ave. is also non-conforming to UDC standards at 10 feet in width; the UDC requires a 25-foot wide street buffer along arterial streets. Because the buffer was previously approved by Ada County, a wider buffer is not required to be provided with this application. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark (response to the staff report) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0046, as presented in the staff report for the hearing date of July 24, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0046, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0046 to the hearing date of July 24, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Sodalicious – AZ H-2018-0046 PAGE 1 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Sodalicious – AZ (H-2018-0046) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, 10th & Fairview, LLC, submitted an application for Annexation and Zoning (AZ) of 0.36 of an acre of land with the C-G zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler (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. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None 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-2018- 0046, as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0046, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Meridian City Council Meeting Agenda July 24, 2018 – Page 414 of 534 Sodalicious – AZ H-2018-0046 PAGE 2 Continuance I move to continue File Number H-2018-0046 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 1035 E. Fairview Avenue, in the northeast ¼ of Section 7, Township 3 North, Range 1 East. (Parcel #: S1107120677) B. Owner(s): 10th & Fairview, LLC 435 E. Shore Drive, Ste. 210 Eagle, ID 83616 C. Applicant: Same as Owner D. Representative: Hethe Clark, Spink Butler, LLP 251 E. Front Street, Ste. 200 PO Box 639 Boise, ID 83701 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (City Council) D. Applicant posted notice on site(s) on: June 8, 2018 (Commission); July 13, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a drive-through restaurant (i.e. Sodalicious) operating on this site; the property is currently zoned C2 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Fairview Ave. and commercial uses, zoned C-G 2. East: Commercial property, zoned C-G 3. South & West: Vehicle sales, zoned C-G Meridian City Council Meeting Agenda July 24, 2018 – Page 415 of 534 Sodalicious – AZ H-2018-0046 PAGE 3 C. History of Previous Actions:  A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to operate on this site (Project #201701971-MSP).  This property is currently receiving City water and sewer service. The terms for provision of sewer service are contained in the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018- 001828, and 2nd amendment #2018-012303. D. Utilities: 1. Public Works: a. Location of sewer: This property is currently receiving sewer service from the City of Meridian. b. Location of water: This property is currently receiving water service from the City of Meridian. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. A drive-through restaurant (i.e. Sodalicious) was previously approved in Ada County to operate on this site (Project #201701971-MSP). The approved site/landscape plan is included in Exhibit B. The existing use is an appropriate use in the Commercial designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the use of this property: (Staff’s analysis in italics) • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Landscaping was required with development of the site in Ada County.  “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) This site was allowed to retain access via E. Fairview Avenue with development in Ada County. A cross-access easement exists to this property from the property to the east.  “Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) This site was previously provided with City water and sewer service with the stipulation the applicant apply for annexation into the City. Meridian City Council Meeting Agenda July 24, 2018 – Page 416 of 534 Sodalicious – AZ H-2018-0046 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: Commercial: 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. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. A restaurant is listed as a principal permitted use and a drive-through establishment is listed as a conditional use in the C- G district when it’s within 300 feet of a residential district or an existing residence and is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. However, because the existing use was approved in the County, no further approvals are required in the City. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to annex 0.36 of an acre of land into the City with a C-G zoning district consistent with the Commercial Future Land Use Map designation for the property. The legal description submitted with the subject application is included in Exhibit C and shows the boundary of the property proposed to be annexed and zoned. The property proposed to be annexed is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. There is an existing restaurant with a drive-through (i.e. Sodalicious) on the site that was recently approved in Ada County (Project #201701971-MSP). A site plan is included in Exhibit A.2 that depicts how the site was developed. Services: City sewer and water services are currently being provided to this property. The agreement for extension of sewer service (referenced in Section VI) requires the User to submit an annexation application and enter into a Development Agreement (DA) with the City of Meridian concerning the use or development of the subject property. The sewer service agreement states that the DA will include requirements that the use of the subject property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. Access: Access is provided to this site via E. Fairview Ave. A cross-access easement exists to this site from the property to the east. Staff recommends a reciprocal cross-access easement is granted to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2 as a provision of the development agreement; however, it may not be feasible at this time to utilize the cross- access due to the location of the billboard sign. Because parking for the site is located at the northwest corner of the site along the west boundary, staff does not recommend a cross-access easement is provided to the west. Non-Conforming Use: There is an electronic billboard that exists along the east boundary of this site that was a permitted use under Ada County ordinances. Upon annexation, the billboard will be considered a non-conforming sign as billboards are prohibited within the City. As such, the sign is allowed to remain subject to the provisions for non-conforming signs set forth in UDC 11- Meridian City Council Meeting Agenda July 24, 2018 – Page 417 of 534 Sodalicious – AZ H-2018-0046 PAGE 5 1B-6; repair or replacement of LED digital faces on the sign does not constitute replacement or removal of the sign or sign structure as described in 11-1B-6 and noted in the Agreement for Extension of Domestic Sewer Service. Note: When the City Council approved the agreement to provide sewer service to this property, they did so without requiring a sunset clause on the billboard sign. The street buffer along E. Fairview Ave. is also non-conforming to UDC standards at 10 feet in width; the UDC requires a 25-foot wide street buffer along arterial streets. Because the buffer was previously approved by Ada County, a wider buffer is not required to be provided with this application. Certificate of Zoning Compliance (CZC): Because development of this site was approved in Ada County and no expansions of the use or changes to the site are proposed with this application, staff does not recommend a CZC is required to be submitted for the existing use. However, the owner is required to obtain a new Certificate of Occupancy from the Building Department for the existing use. Staff has included recommended DA provisions in Exhibit B in accord with the analysis above and the sewer service agreement. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site/Landscape Plan Approved by Ada County B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda July 24, 2018 – Page 418 of 534 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda July 24, 2018 – Page 419 of 534 - 2 - Exhibit A.2: Site/Landscape Plan Approved by Ada County Meridian City Council Meeting Agenda July 24, 2018 – Page 420 of 534 - 3 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, 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. The subject property shall comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on the Subject Property. Such nonconforming sign may remain on the Subject Property subject to the provisions for nonconforming signs as set forth in Meridian City Code section 11-1B-6, as such section exists on the date of execution of this Agreement, a copy of which is attached hereto as Exhibit B. The parties agree and acknowledge that repair or replacement of LED digital faces on the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising sign or sign structure as described in Section 11-1B-6 as set forth in Exhibit B. c. A cross-access easement shall be recorded granting access to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2. A copy of said easement shall be submitted to the City prior to issuance of Certificate of Occupancy. d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the existing use upon annexation of the property into the City of Meridian. e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018-001828, and 2nd amendment #2018-012303 included as Exhibit “__” in this agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application as no pathways are depicted on the Pathways Master Plan for this site. 6. ADA COUNTY HIGHWAY DISTRICT This application is for an annexation and rezone only. Listed below are some site specific conditions of approval that the District may identify when it reviews a future development application. The District may add additional conditions of approval when it reviews a specific development application. Meridian City Council Meeting Agenda July 24, 2018 – Page 421 of 534 - 4 - 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate additional right-of-way on Fairview Avenue to total 62-feet from centerline. This segment of Fairview Avenue is listed in the CIP, so the applicant will be compensated for right-of-way dedication. 6.1.2 Relocate the sign that is located near the west property line a minimum of 62-feet from centerline of Fairview Avenue. 6.1.3 Access to Fairview Avenue is approved as temporary full access, and may be restricted to right -in/right-out at any time, as determined by ACHD. 6.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 6.1.5 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6.1.6 Comply with the Standard Conditions of Approval as noted below. Meridian City Council Meeting Agenda July 24, 2018 – Page 422 of 534 - 5 - Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary Meridian City Council Meeting Agenda July 24, 2018 – Page 423 of 534 - 6 - Meridian City Council Meeting Agenda July 24, 2018 – Page 424 of 534 - 7 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E) 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 Commission finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (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 Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. The Commission recommends that the Council consider 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, The Commission 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 Commission finds the proposed annexation and zoning of this property is in the best interest of the City if the applicant complies with the provisions in the Development Agreement included in Exhibit B. Meridian City Council Meeting Agenda July 24, 2018 – Page 425 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9J Project/File Number: H-2018-0054 Item Title: Graycliff Estates Public Hearing for Graycliff Estates (H-2018-0054) by Star Development, Inc. Located West of S. Meridian Rd/S.H. 69, on the South Side of W. Harris St. 1. Request: A Development Agreement Modification to Reflect an Increase of Building Lots and Change in Open Space Consistent with the Proposed Preliminary Plat; and 2. Request: Preliminary Plat Consisting of 136 Building Lots and 9 Common Lots on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts Meeting Notes u✓ APPROVED Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-J Project Name: Graycliff Estates Project Number: H-2018-0054 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Item #9J: Graycliff Estates – MDA, PP (H-2018-0054) Application(s):  Preliminary Plat Size of property, existing zoning, and location: This site consists of 52.46 acres of land, zoned R-8 & R-40, located west of S. Meridian Rd./SH 69 on the south side of W. Harris St.. History: In 2015, this property was annexed & a preliminary plat was approved which is still valid. Comprehensive Plan FLUM Designation: MDR (30 acres) & HDR ( 22.5 acres) Summary of Request: The applicant requests a modification to the existing DA to increase the number of building lots from 120 to 136 and qualified open space from 7.95 to 8.85 acres consistent with the new proposed preliminary plat. The DA modification does not require Commission action, only City Council. The proposed plat consists of 134 SFR building lots, 2 multi-family residential building lots, 9 common lots and 2 other lots (City well lot and common driveway) on 52.46 acres of land in the R-8 & R-40 zoning districts. Proposed lots range in size from 6,800 to 11,634 square feet with an average size of 7,873 square feet. The property is proposed to develop in 5 phases. The multi-family portion of the site will come in later with a CUP. A 75’ wide easement for the Williams gas pipeline bisects this site. All development within the easement must adhere to the most current standards in the Williams Gas Pipeline Developer’s Handbook. The Sundall Lateral bisects the western portion of this site & is proposed to be relocated & piped along the west boundary of the site. The Tumbler Lateral runs along the northeast boundary of the site & is also proposed to be piped. A 20’ wide landscaped street buffer is required along Harris St. & S. Redwater Ave., both collector streets. A total of 8.85 acres (or 16.87%) of qualified open space is proposed within the development consisting of parkways along local & collector streets, street buffers along collector streets, the open space corridor where the Williams Pipeline is located, micro-path lots, internal common areas & 1.77 acres of land designated for a City park. The applicant proposes a 10-foot wide multi-use pathway through the common area where the Williams pipeline is located, children’s play equipment & yard shuffleboard as amenities in accord with this requirement. Access is proposed via the extension of W. Harris Street, a collector street, at the north boundary of the site that provides access via S. Meridian Rd./SH 69. Stub streets are proposed for future extension to the west, east & south. A north/south collector street is proposed off-site along the west boundary of the site in accord with the Master Street Map which will eventually extend south to Amity Road. The applicant has submitted sample photos of single-family homes proposed to be constructed with this development along with a conceptual drawing of a typical multi-family structure. Building materials for the single-family units appear to consist of a mix of horizontal & vertical lap siding and stucco with stone veneer accents. The apartment structures appear to be stucco with stone veneer accents. The apartments will require design review approval. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. The Commission liked the additional common area proposed with this plat & liked the relocation of the large common area & site amenity more central to the development. Commission Change(s) to Staff Recommendation: i. Remove condition #1.2.1B that pertains to shifting the north-south collector street along the west boundary of the site to the east side of the Sundell Lateral (this was inadvertently left in from the previous ACHD report). Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0054, as presented in the staff report for the hearing date of July 24, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0054, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0054 to the hearing date of July 24, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Graycliff Estates – MDA, PP H-2018-0054 PAGE 1 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Graycliff Estates – MDA, PP, ALT H-2018-0054 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Star Development, Inc., has submitted an application for a modification to the existing development agreement to reflect an increase in the number of building lots and change in open space, consistent with the proposed preliminary plat. A new preliminary plat is proposed consisting of 136 building lots and 9 common lots on 52.46 acres of land in the R-8 and R-40 zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The Commission liked the additional common area proposed with this plat and liked the relocation of the large common area and site amenity more central to the development. d. Commission Change(s) to Staff Recommendation: i. Remove condition #1.2.1B that pertains to shifting the north-south collector street along the west boundary of the site to the east side of the Sundell Lateral (this was inadvertently left in from the previous ACHD staff report). 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-2018- 0054, as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications). Meridian City Council Meeting Agenda July 24, 2018 – Page 427 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0054, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0054 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 west of S. Meridian Rd./SH-69 on the south side of W. Harris St., in the SE ¼ of Section 25, Township 3N., Range 1W. (Parcel No. S1225418957) B. Owners: Star Development, Inc. P.O. Box 518 Meridian, Idaho 83680 C. Applicant: Same as Owner D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, 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 a development agreement modification, preliminary plat and alternative compliance. A public hearing is required before the City Council on the development agreement modification request; a public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat; and the alternative compliance request only requires approval by the Director, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: May 29, 2018 (Commission); June 29, 2018 (City Council) D. Applicant posted notice on site(s) on: June 9, 2018 (Commission); July 14, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of agricultural land, zoned R-8 and R-40. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Future and existing single-family residential properties in Biltmore Estates Subdivision, zoned R-4 2. East: Agricultural property, zoned RUT in Ada County Meridian City Council Meeting Agenda July 24, 2018 – Page 428 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 3 3. South: Agricultural property, zoned RUT in Ada County 4. West: Agricultural property, zoned R-4 C. History of Previous Actions:  In 2008, the City Council approved an amendment to the future land use map (CPA-08-009) for the multi-family portion of the site to change the land use designation from Medium Density Residential to High Density Residential (Resolution #08-622).  In 2015, this property was annexed and zoned R-8 (36.66 acres) and R-40 (15.8 acres) (AZ- 15-012, Ordinance No. 15-1666); and a preliminary plat was approved consisting of 120 building lots, 9 common lots and 1 other lot on 52.46 acres of land for Graycliff Estates Subdivision (PP-15-012). A development agreement was required as a provision of annexation, recorded as Instrument No. 2015-112095.  In 2017, a 2-year time extension was approved on the preliminary plat in order to obtain the City Engineer’s signature on a final plat (A-2017-0202). D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist in the Biltmore Estates development to the north. 2. Location of water: Water mains intended to provide service to the proposed development currently exist in the Biltmore Estates development to the north. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Sundell Lateral bisects the western portion of this site and the Carlson/Tumbler Lateral runs across the northeast corner of the site. 2. Hazards: A 75-foot easement for the Williams Northwest Pipeline Corporation bisects this site and contains a natural gas pipeline. The Williams Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates approximately 30 acres of this site as Medium Density Residential (MDR) and approximately 22.5 acres as High Density Residential (HDR). The purpose of the residential designations is to provide a variety of housing types. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). Meridian City Council Meeting Agenda July 24, 2018 – Page 429 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 4 HDR designated areas allow for the development of multi-family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. A future City park is also designated on the FLUM for this site. A 1.77 acre portion of a 7+/- acre City Park is planned at the northwest corner of this site on Lot 1, Block 1 which will be combined with additional land in Biltmore Estates Subdivision to the northwest and the future development to the west. The applicant proposes to develop the 52.46 acre site with 134 single-family homes and 224 apartment units. Development of the single-family portion of the site will result in a gross density of 3.23 dwelling units per acre (d.u./acre) on the R-8 portion; and 14.18 d.u./acre for the multi-family R- 40 portion consistent with the associated MDR and HDR FLUM designations. Overall, the gross density for the development is 6.82 d.u./acre. 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) A mix of single-family and multi-family (apartment) dwellings are proposed which will contribute to the variety of housing types available in the southern part of the City. The proposed dwellings should provide for a variety of housing opportunities; staff is unaware 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.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no existing residential properties adjacent to this site.  “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 8.85 acres (or 16.87%) of qualified open space in accord with the requirements listed in UDC11-3G-3.  “Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle.” (6.01.02C) A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan on this site along the Williams Northwest pipeline which will connect to the future pathway in Biltmore Estates Subdivision to the north and eventually be extended to the southeast and connect to pathways in other jurisdictions.  “Review new development for appropriate opportunities to connect local roads and collectors Meridian City Council Meeting Agenda July 24, 2018 – Page 430 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 5 to adjacent properties (stub streets). (3.03.020) The proposed plat depicts an extension of W. Harris Street, a collector street, at the north property boundary and a north/south collector street. Stub streets are proposed to the south, west and east for future extension and interconnectivity. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium- density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre; the high-density residential (R-40) district allows a maximum gross density of 40 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Tables 11-2A-6 and 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 and R- 40 zoning districts respectively. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed single-family detached dwellings in the R-8 zoning district are listed as a principal permitted use; the proposed multi-family development in the R-40 zoning district requires conditional use approval. 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 and 11-2A-8 for the R-40 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district and 11-2A-8 for the R-40 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family and multi-family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Development Agreement Modification (MDA) The applicant requests a modification to the existing development agreement (Inst. #2015- 112095) to reflect an increase in the number of building lots from 120 to 136 and qualified open space from 7.95 to 8.85 acres consistent with the proposed preliminary plat. Exhibit A.2 reflects the current provisions of the DA along with proposed changes in strike-out/underline format. Staff also recommends a modification to a couple of other provisions as noted where City requirements/standards have changed since the time of annexation. The existing plat in Exhibit A.2 should be updated with the proposed plat in Exhibit A.3 if the MDA is approved by City Council. The applicant proposes to develop the site with 134 single-family residential homes as shown on the preliminary plat included in Exhibit A.3 and 224 multi-family residential apartment units. When approved, the amended DA is required to be signed by the property owner(s) and returned to the City within 6 months of the Council granting the modification. Meridian City Council Meeting Agenda July 24, 2018 – Page 431 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 6 2. Preliminary Plat (PP) The proposed plat consists of 134 single-family residential building lots, 2 multi-family residential building lots, 9 common lots and 2 other lots (City well lot and common driveway) on 52.46 acres of land in the proposed R-8 and R-40 zoning districts (see Exhibit A.2). Proposed lots range in size from 6,800 to 11,634 square feet with an average size of 7,873 square feet. The property is proposed to develop in 5 phases as shown on the plat in Exhibit A.2. 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 Tables 11-2A-6 for the R-8 district and 11-2A-8 for the R-40 district. Staff has reviewed the proposed plat and found it to be in compliance with the applicable standards. Subdivision Design and Improvement Standards: The design of the subdivision is required to comply with the standards listed in UDC 11-6C-3, including common driveways and block face. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures; driveways for properties abutting the common driveway that aren’t taking access from the driveway shall be located on the opposite side of the shared property line away from the common driveway in accord with UDC 11-6C-3D. Master Street Map (MSM): The MSM designates an east/west collector street along the north boundary of the site; a north/south collector street from S. Kentucky Way at the north boundary extending south along the west boundary of the site at the mid-mile; and another north/south commercial collector street adjacent to the east boundary of this site from W. Harris Street to W. Amity Road. The latter is intended to provide access to the mixed-use designated property abutting SH-69 from the future signal at Harris/SH-69 and is anticipated to be constructed entirely on the adjacent parcel, the exact location to be determined upon development of the adjacent parcel. The plat depicts an east/west collector street (W. Harris Dr.) across the northwest boundary of the site and an off-site north/south collector street (S. Redwater Ave., fka W. Dunvegen Street), along the west boundary that is proposed to be constructed with this subdivision with Phase 2; right-of- way is required to be dedicated to ACHD outside of the plat process since it is outside of the plat boundary. The owner of the subject property owns the abutting property to the west and has received subdivision approval from the City (Parcel #S1225314813, Brundage Estates). ACHD is requiring the street to be constructed as half of a 36-foot wide residential collector street plus 12- additional feet of pavement with curb, gutter and sidewalk abutting the site and a 3-foot wide gravel shoulder and barrow ditch on the west side of the collector street to accommodate storm runoff. The road will terminate at W. Norwich St. in order to provide a better alignment of the collector street as development occurs to the south. In lieu of constructing the southerly segment of S. Redwater Ave. to the site’s south property line, the applicant is required to dedicate right-of- way and provide a road trust deposit for the construction of vertical curb, gutter and 4 feet of pavement (see ACHD’s report for more information). Streets: All of the proposed streets depicted on the plat are public. Access: Access is proposed for this site via the extension of W. Harris Street, a collector street, at the north boundary of the site that provides access via S. Meridian Rd./SH-69. 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 Meridian City Council Meeting Agenda July 24, 2018 – Page 432 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 7 separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. Note: ACHD required the applicant of the future multi-family project to provide a signal warrant analysis for the Harris Street/SH 69 intersection when the multi-family site is developed if the intersection hasn’t already been signalized. Stub Streets: Stub streets are proposed for future extension to the west, east and south. The stub street to the east will provide a connection to the future north/south commercial collector street planned from W. Harris St. on the property to the east. Traffic Impact Study (TIS): A TIS was prepared by Six Mile Engineering and submitted to ACHD for review. Comments in regard to the TIS are included in the ACHD report. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C-6 for single-family and multi-family dwellings. Compliance with these standards is required. Landscaping: Landscaping is required to be provided within the subdivision in accord with the standards listed in UDC 11-3B as applicable. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. Street buffer landscaping is required as set forth in UDC Tables 11-2A-6 and 11-2A-8 in accord with the standards listed in UDC 11-3B-7C. A minimum 20-foot wide street buffer is required along W. Harris Street and the east side of the proposed north/south collector street as set forth in UDC Tables 11-2A-6 and 11-2A-8 and should be landscaped in accord with the standards listed in UDC 11-3B-7C. The landscape plan should be revised to include a minimum 20-foot wide common lot for a street buffer along W. Harris Street on the R-40 zoned portion of the site as required by UDC 11-3B-7C.2a; the buffer is required to be maintained by a homeowner’s association. Staff recommends the portion of the street buffer (including the sidewalk) along W. Harris Street east of the Graycliff/Harris intersection is constructed with the first phase of development. Landscaping within the internal common areas is required in accord with the standards listed in UDC 11-3G-3E. The landscape plan complies with these standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. An emergency vehicle access is proposed within Lot 20, Block 2 which also serves as a micro-path to break up the face of Block 2 that exceeds the maximum length allowed by UDC 11-6C-3F of 750’. The minimum width of the lot should be 30 feet to accommodate a 20’ foot wide improved gravel or paved surface cable of supporting 80,000 GVW with 5’ of landscaping on either side planted with a minimum of one (columnar) tree and vegetative groundcover as set forth in UDC 11-3B-12C; the entrance to the driveway from the public street should provide a minimum 28’ inside and 48’ outside turning radius. Additionally, no trees are depicted along the multi-use pathway that lies within the Williams pipeline easement as Northwest Pipeline doesn’t allow any trees within their easement; the applicant has applied for Alternative Compliance to the standards listed in UDC 11-3B-12C as set forth in UDC 11-5B-5 (see analysis below in Section IX.A.3). The Williams Pipeline does not allow trees within their easement; nor are the canopies of any trees planted adjacent to the right-of-way (ROW) allowed to extend into the ROW at maturity. With prior approval, some types of low growing, shallow-rooted shrubs may be permitted within the ROW provided their maximum mature height will not exceed 5 feet and are not within 5 feet of the edge of the pipeline. Mature plantings cannot prevent Williams Pipeline representatives from seeing down the ROW during routine patrols or walking down the ROW directly over the Meridian City Council Meeting Agenda July 24, 2018 – Page 433 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 8 pipelines as they perform required inspections. Under no circumstances can mechanical equipment be used in the planting of shrubs. Additionally, all sprinkler or irrigation systems require review by a Williams Pipeline representative. Sprinkler heads are not be permitted within 10 feet of any pipeline or related facility. All crossings of the pipeline(s) or related facilities with feeder lines are required to be hand dug. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. 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 (52.46 acres), a minimum of 5.25 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 8.85 acres (or 16.87%) of qualified open space is proposed consisting of parkways along local and collector streets, street buffers along collector streets, the open space corridor where the Williams pipeline is located, micro-paths lots, internal common areas and 1.77 acres of land designated for a City park. City Park: A 1.77 acre portion of a City Park is planned at the northwest corner of this site on Lot 1, Block 1 which will be combined with additional land in Biltmore Estates Subdivision to the northwest and the future development to the west on the Centers’ property totaling a minimum of 7 acres. 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 (52.46 acres), staff recommends a minimum of 2 qualified site amenities are provided. The applicant proposes a 10-foot wide multi-use pathway through the common area on Lot 1, Block 1 and Lot 3, Block 2 where the Williams pipeline is located, children’s play equipment and yard shuffleboard as amenities in accord with this requirement. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the Williams pipeline. This pathway will connect to the future pathway in Biltmore Estates Subdivision to the northwest and eventually extend to the southeast with future development. A recreational pathway easement is required to be submitted to the Planning Division, approved by City Council and recorded. The applicant should coordinate the location and details of the easement with Kim Warren, Park’s Department (208-888-3579). Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide detached sidewalks throughout the development. Parkways: Six-foot wide parkways are proposed along local streets within the development; and 8-foot wide parkways are proposed along collector streets. The UDC (11-3A-17) requires root barriers to be constructed with 6-foot wide parkways. An alternative would be to provide 8-foot wide parkways, which allows the planting of Class II trees without root barriers. The landscape plan submitted with the final plat should either depict root barriers or 8-foot wide parkways in accord with the standards listed in UDC 11-3A-17E. 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 434 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 9 Well Lot: The applicant has provided the City with a lease on a parcel of land within Lot 2, Block 1 of the development for a future city well. The well lot shall be created and deeded to the city at the time of final platting. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. A pump station is proposed to be constructed adjacent to the Sundell Lateral on Lot 1, Block 2. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Waterways: The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The Sundell Lateral bisects the western portion of this site and is proposed to be relocated and piped along the west boundary of the site. The Carlson/Tumbler Lateral runs along the northeast boundary of the site and is proposed to be piped in its current location. Floodplain: This property does not lie within the Meridian Floodplain Overlay District. Williams Northwest Pipeline: A 75-foot easement for the Williams Northwest Pipeline Corporation bisects this site. All development within the easement must adhere to the most current standards in the Williams Gas Pipeline Developers’ Handbook. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The landscape plan depicts white vinyl privacy fence from 4 to 6 feet in height within the development in accord with UDC standards. Building Elevations: The applicant has submitted sample photos of single-family homes proposed to be constructed with this development along with a conceptual drawing of a typical multi-family structure, included in Exhibit A.4. Building materials for the single-family units appear to consist of a mix of horizontal and vertical lap siding and stucco with stone veneer accents. The apartment structures appear to be stucco with stone veneer accents. Because the homes will be highly visible on the lots that back up to W. Harris Street and the future collector street along the west boundary, staff recommends the rear and/or side of structures on lots that face these streets 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. Design and building materials of the future multi-family structures are required to incorporate elements consistent with those of the single-family dwellings and comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual (or any updated version(s) thereof) in effect at the time of application for Certificate of Zoning Compliance. Structures should incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and incorporation of connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity as set forth in the Comprehensive Plan. The conceptual building elevations submitted with this application included in Exhibit A.5 are not approved. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for approval of the site design and structures proposed within the multi -family portion of the development once a conditional use permit has been approved for the use. Meridian City Council Meeting Agenda July 24, 2018 – Page 435 of 534 Graycliff Estates – MDA, PP H-2018-0054 PAGE 10 Design Review: A Design Review application is also required to be submitted for approval of the site design and structures proposed within the multi-family portion of the development; this application can be submitted concurrently with the CZC application. 3. Alternative Compliance (ALT) The applicant has applied for Alternative Compliance as set forth in UDC 11-5B-5 to the pathway landscape standards listed in UDC 11-3B-12C and the common open space landscaping required in UDC 11-3G-3E.2 for the pathway and common area located in Lot 1, Block 1 and Lot 3, Block 2 within the Williams pipeline easement. The Northwest Pipeline does not allow trees to be planted within their 75-foot wide easement. A minimum of 18 trees are required along the 1,773 foot long pathway (based in 1 tree per 100’ linear feet of pathway) per UDC 11-3B-12C; and an additional 17 deciduous trees are required within the 132,151+/- square foot common open space area encompassed by the Williams Pipeline easement (based on 1 tree per 8,000 square feet) per UDC 11-3G-3E.2 for a total of 35 trees. The applicant proposes to provide the additional trees with the final plat landscape plans and will contribute trees to the neighborhood park area. The landscape plan submitted with the final plat application should include 35 additional trees as proposed. Because the required trees will still be provided on the site, staff believes the proposed alternative is equal to UDC requirements and meets the intent of the ordinance (see Findings in Exhibit D for more information). In summary, Staff recommends approval of the proposed development agreement modification and preliminary plat requests for this site with the recommended provisions in Exhibit A.2 and the conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Development Agreement Provisions and Existing Preliminary Plat 3. Proposed Preliminary Plat (dated: 5/8/18) 4. Proposed Landscape Plan (dated: 4/25/18) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda July 24, 2018 – Page 436 of 534 - 2 - A. Drawings Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda July 24, 2018 – Page 437 of 534 - 3 - Exhibit A.2: Existing & Proposed Development Agreement Provisions and Existing Preliminary Plat (Applicant’s proposed changes shown in strike-out/underline format; staff’s recommended changes shown in bold strike-out/underline format) Section 5: CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to W. Harris Street and the north/south street along the west boundary, both collector streets, is prohibited in accord with UDC 11-3A-3, except for Lot 12, Block 2 (the multi-family lot) which shall be allowed one access via W. Harris Street. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations for the single-family homes depicted in Exhibit A and the revisions noted in the staff report. c. A conditional use permit is required to be obtained for the multi-family development in the R-40 zoning district, per UDC Table 11-2A-2. d. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site design and structures proposed within the multi -family portion of the development; these applications can be submitted concurrently. e. Design and building materials of the future multi-family structures shall be compatible with and include design elements consistent with that of the single -family dwellings and comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual Architectural Standards Manual (or any updated version(s) thereof) in effect at the time of application for Certificate of Zoning Compliance. f. The multi-family development should incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and incorporation of connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity as set forth in the Comprehensive Plan. g. The rear and/or sides of home elevations that face W. Harris Street and the fu ture north/south collector street along the west boundary of the site 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 materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement. h. A 10-foot wide multi-use pathway shall be constructed within the 75-foot wide Williams Pipeline easement (Lot 23, Block 2) that runs through this site as depicted on the landscape plan in accord with the Pathways Master Plan. i. The developer shall provide a minimum of 7.95 8.85 acres (or 15.1616.87%) of qualified open space within the development as shown on the preliminary plat in accord with the standards listed in UDC 11-3G-3B. j. All development within the 75-foot wide Williams pipeline easement shall adhere to the most current standards contained in the Williams Gas Pipeline Developers’ Handbook. k. The 1.77 acres included in Lot 1, Block 1 shall be dedicated to the City in the future for a City Park. This lot is proposed to be combined with additional land in Biltmore Estates Meridian City Council Meeting Agenda July 24, 2018 – Page 438 of 534 - 4 - Subdivision to the northwest and the future development to the west on the Centers’ property to total a minimum of 7 acres. If City Council determines a public park is not preferred in this development, the 1.77 acres shall be private open space. l. Signage is required to be installed on the multi-family portion of the site and information shall be included in the marketing material for the single -family development announcing the future development of apartments on the site. NOTE: Existing plan above to be replaced with the new preliminary plat in Exhibit A.3 Meridian City Council Meeting Agenda July 24, 2018 – Page 439 of 534 - 5 - Exhibit A.3: Proposed Preliminary Plat (dated: 5/8/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 440 of 534 - 6 - Exhibit A.4: Proposed Landscape Plan (dated: 4/25/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 441 of 534 - 7 - Meridian City Council Meeting Agenda July 24, 2018 – Page 442 of 534 - 8 - Meridian City Council Meeting Agenda July 24, 2018 – Page 443 of 534 - 9 - Meridian City Council Meeting Agenda July 24, 2018 – Page 444 of 534 - 10 - Exhibit A.5: Conceptual Building Elevations Meridian City Council Meeting Agenda July 24, 2018 – Page 445 of 534 - 11 - Meridian City Council Meeting Agenda July 24, 2018 – Page 446 of 534 - 12 - Typical Apartment Elevation NOT APPROVED (requires CUP and Design Review approval) Meridian City Council Meeting Agenda July 24, 2018 – Page 447 of 534 - 13 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 The Development Agreement (Instrument No. 2015-112095) shall be amended in accord with the changes noted in Exhibit A.2. The agreement shall be signed by the property owner(s) and returned to the City within 6 months of the City Council granting the modification. 1.2 Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated 5/8/18, shall be revised as follows: a. A cross-access easement shall be depicted to the parcel to the east (Parcel #S1225417300) of the multi-family lot (Lot 1, Block 2); or, a separate cross-access easement shall be granted and a recorded copy submitted to the Planning Division prior to signature on the final plat for the phase containing the apartments. If determined by ACHD through a traffic analysis submitted for development of the property to the east that a collector street is no longer appropriate in this area, this requirement may be removed. At a minimum, a pedestrian pathway should be provided. b. Shift the north/south collector street along the west boundary of the site to the east side of the Sundall Lateral, south of S. Redwater Ave. (fka W. Dunvegen Street), and extend it to the south boundary of the site as required by ACHD. c. Lot 20, Block 2 shall be widened to a minimum of 30 feet to accommodate a 20-foot wide emergency access driveway improved with a gravel or paved surface capable of supporting 80,000 GVW with 5 feet of landscaping on either side, planted with a minimum of one (columnar) tree and vegetative groundcover as set forth in UDC 11-3B-12C. The entrance to the access driveway from the public street should provide a minimum 28’ inside and 48’ outside turning radius. 1.2.2 The landscape plan included in Exhibit A.4, dated 4/25/18, shall be revised as follows: a. If 6-foot wide parkways are provided within the development, depict root barriers in accord with the standards listed in UDC 11-3A-17E; or, increase the width of the parkways to 8 feet (root barriers are not required with 8-foot wide parkways). b. If any existing trees on the site are proposed to be removed, the applicant shall 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. c. Depict a minimum 20-foot wide common lot for the street buffer along W. Harris Street on the R-40 zoned portion of the site as required by UDC 11-3B-7C.2a, fully landscaped in accord with the standards listed in UDC 11-3B-7C. d. Lot 20, Block 2 shall be widened to a minimum of 30 feet to accommodate a 20-foot wide emergency access driveway improved with a gravel or paved surface capable of supporting 80,000 GVW with 5 feet of landscaping on either side, planted with a minimum of one (columnar) tree and vegetative groundcover as set forth in UDC 11-3B-12C. The entrance to the access driveway from the public street should provide a minimum 28’ inside and 48’ outside turning radius. Depict the location of the yard shuffleboard on the landscape plan submitted with the applicable final plat application. e. Shift the north/south collector street along the west boundary of the site to the east side of the Sundell Lateral, south of W. Norwich St. (fka W. Dunvegen Street) and extend it to the south boundary of the site as required by ACHD. Meridian City Council Meeting Agenda July 24, 2018 – Page 448 of 534 - 14 - f. Provide thirty-five (35) additional trees, with at least 17 of those being deciduous, within the development (or within another City park as determined appropriate by the Planning Division and Park’s Department) as approved with the applicant’s request for Alternative Compliance. 1.2.3 Alternative compliance to the standards listed in UDC 11-3B-12C for the landscaping (trees) required adjacent to the multi-use pathway; and to the standards listed in UDC 11-3G-3E.2 for the common open space landscaping (1 deciduous tree per 8,000 square feet of common area) required within the Williams Pipeline easement on Lot 1, Block 1 and Lot 3, Block 2 was approved by the Director. A total of 35 additional trees shall be provided within the development (or within another City park as determined appropriate by the Planning Division and Park’s Department) based on the calculations included in Section IX, Analysis, of this report. 1.2.4 The 20-foot wide street buffer (including the sidewalk) along W. Harris St., a collector street, shall be constructed with the first phase of development and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 1.2.5 A 14-foot wide recreational pathway easement is required to be provided for the multi-use pathway within Lot 1, Block 1 and Lot 3, Block 2. The applicant shall coordinate with Kim Warren, Park’s Department (208-888-3579), on the location of the easement. The easement shall be submitted to the Planning Division for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.2.6 An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures; driveways for properties abutting the common driveway that aren’t taking access from the driveway shall be located on the opposite side of the shared property line away from the common driveway in accord with UDC 11-6C-3D. 1.2.7 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 and R-40 zoning districts listed in UDC Table 11-2-A-6 and 11-2A-8 respectively. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.3.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.3.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.5 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. 1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. Meridian City Council Meeting Agenda July 24, 2018 – Page 449 of 534 - 15 - 1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.3.12 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. 1.3.13 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. 1.3.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 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. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4.4 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. 1.4.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.7 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. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 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). 1.5.5 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. 1.5.6 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 450 of 534 - 16 - 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to connect to the proposed 8-inch sewer main line located within future Biltmore Estates. 2.1.2 Applicant shall designate the city well lot and flush line easement on the preliminary plat per the current lease agreement. 2.1.3 Applicant shall also be required to extend a 12-inch water main through this proposed development, preferably in the alignment of the collector roadway along the west boundary. 2.1.4 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 451 of 534 - 17 - 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 452 of 534 - 18 - 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 887-2211. 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 a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. 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 turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4.4 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. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. Meridian City Council Meeting Agenda July 24, 2018 – Page 453 of 534 - 19 - 4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 4.8 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The 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). 4.9 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 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 4.10 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. 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 4.12 Lot 20, Block 2 shall be widened to a minimum of 30 feet to accommodate a 20-foot wide emergency access driveway improved with a gravel or paved surface capable of supporting 80,000 GVW with 5 feet of landscaping on either side, planted with a minimum of one (columnar) tree and vegetative groundcover as set forth in UDC 11-3B-12C. The entrance to the access driveway from the public street should provide a minimum 28’ inside and 48’ outside turning radius. Depict the location of the yard shuffleboard on the landscape plan submitted with the applicable final plat application. 5. PARKS DEPARTMENT 5.1 A multi-use pathway is required through project as shown, within Williams NW Gas Pipeline easement, to connect northwest through future phases and Biltmore Sub. Specific development requirements are as follows: a. The project developer shall design and construct a multi-use pathway consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. b. Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway --within the Williams Northwest Pipeline easement and along north sub boundary-- to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. c. Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. d. The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. e. Should any discrepancy exist between these conditions and the requirements of the Williams Northwest Pipeline company, the developer shall coordinate with Pathways Project Manager to achieve a pathway design that satisfies both City and Pipeline Company objectives. Meridian City Council Meeting Agenda July 24, 2018 – Page 454 of 534 - 20 - 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 If allowed by the Idaho Transportation Department (ITD), construct a dedicated southbound right turn lane and eastbound left and right turn lanes at the SH-69/Meridian Road/Harris Street intersection prior to plan approval or signature on the first final plat. 6.1.2 Extend Harris Street from its current terminus into the site as a 36-foot residential collector roadway with vertical curb, gutter, and an 8-foot wide planter strip within 50-feet of right-of-way. Construct a 5-foot wide detached concrete sidewalk within an easement on Harris Street abutting the site, as proposed. 6.1.3 Extend west as a through street with the north/south collector T-ing into the Harris Street creating a standard intersection similar to image on page 8 of the staff report. 6.1.4 Install a sign at the terminus of Harris Street which states that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 6.1.5 Construct the north/south collector as half of a 36-foot residential collector roadway, plus 12- additional feet of pavement (to total 30-feet) with vertical curb, gutter, and a 5-foot wide detached or (7-foot attached) concrete sidewalk abutting the site and a 3-foot gravel shoulder and a barrow ditch sized to accommodate the roadway storm runoff shall be constructed on the west side of the north/south collector roadway. Construct the north/south collector abutting the entire site. Shift the southern section of the north/south collector roadway east to allow for the half street to be constructed at the half mile, as depicted on the MSM. 6.1.6 The applicant should be required to install a sign at the terminus of the north/south collector stub street which states, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 6.1.7 Construct one local street, Graycliff Way, to intersect Harris Street, 460-feet west of Kentucky Way, as proposed. 6.1.8 Construct the entry roadway, Graycliff Way, with two 20-foot wide travel lanes and a 12-foot wide center landscape island, or provide written Fire Department approval for use of the reduced travel lanes. The center landscape island is restricted to a maximum width of 12-feet. 6.1.9 Plat the center landscape island as right-of-way owned by ACHD. The applicant or the future home owners association shall enter into a license for any landscaping proposed to be located within the center landscape island. 6.1.10 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, a 8-foot wide planter strip, and a 5-foot wide detached concrete sidewalks. Extend the dedicated right-of- way 2-feet behind the back of the sidewalk or 2-feet behind the back of curb and provide a permanent right-of-way for the detached sidewalk located outside of the dedicated right-of-way. Meridian City Council Meeting Agenda July 24, 2018 – Page 455 of 534 - 21 - 6.1.11 Construct 2 knuckles, as proposed. 6.1.12 Construct one local street, Dunvegen Street, to intersect the north/south mid-mile collector, 740- feet south of Harris Street, as proposed. 6.1.13 Construct one stub street to the south, Kentucky Way, 700-feet east of the west property line, as proposed. Install a sign at the terminus of the stub street which states that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. 6.1.14 Constructed one stub street to the east located between Block 2 lots 22-24. Install a sign at the terminus of the stub street which states that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. 6.1.15 To provide access to the future multi-family site, construct a 30-foot wide driveway on Harris Street located 230-feet west of Kentucky Way and 250-feet east of Graycliff Way and one 30- foot wide emergency access only driveway onto Tandycroft Way, as proposed. Pave both driveways their full width at least 30-feet into the site beyond the edge of pavement of Harris Street and Tandycroft Way. 6.1.16 The applicant of the future multi-family project shall be required to provide a signal warrant analysis for the Harris Street/SH-69 intersection when the multi-family site is developed if the intersection hasn’t already been signalized. 6.1.17 Payment of impacts fees are due prior to issuance of a building permit. 6.1.18 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 t 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 456 of 534 - 22 - 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 8. NAMPA & MERIDIAN IRRIGATION DISTRICT Meridian City Council Meeting Agenda July 24, 2018 – Page 457 of 534 - 23 - C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat with Staff’s recommendations is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission 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 The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: Meridian City Council Meeting Agenda July 24, 2018 – Page 458 of 534 - 24 - a. Strict adherence or application of the requirements is not feasible; OR The Director finds that due to the location of the Williams pipeline through this site, it’s not feasible for the applicant to provide the required trees within the common area and adjacent to the multi-use pathway within the pipeline easement as required by the UDC. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant’s proposal to provide additional trees with the final plat landscape plan and contribute to the trees in the neighborhood park area provides an equal means for meeting UDC requirements. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Meridian City Council Meeting Agenda July 24, 2018 – Page 459 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9K Project/File Number: H-2018-0043 Item Title: Keep Subdivision Public Hearing for Keep Subdivision (H-2018-0043) by Jack L. Hammond Located at the SW Corner of E. Lake Hazel Rd. and S. Eagle Rd. 1. Request: Annexation and Zoning of 60.55 Acres of Land (7.07 to R-8 and 53.47 to R-2) to the R-2 and R-8 Zoning Districts; and, 2. Request: A Preliminary Plat Consisting of 59 Single Family Residential Lots, and 10 Common Lots on Approximately 53.47 Acres in the Proposed R-2 and R-8 Zoning Districts Meeting Notes rte✓ APPROVED Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-K Project Name: Keep Subdivision Project Number: H-2018-0043 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Susan Karnes Southern Rim Coalition 5556 S Graphite Way ID X 7/24/2018 10:25 Lani Wageman 5662 S Graphite Way Meridian X 7/24/2018 15:11 Jarron Langston X 7/24/2018 17:54 Jack Hammond X 7/24/2018 17:54 Salena Langston X 7/24/2018 17:54 Mary Affleck 6519 S Raap Ranch Lane Meridian Idaho X X 7/24/2018 22:10 Item #9K: Keep Subdivision – AZ, PP (H-2018-0043) Application(s):  Annexation and Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 60.55 acres of land zoned RUT, located on SWC of S. Eagle and E. Lake Hazel Roads. History: None Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: Annexation & Zoning: The applicant has applied for annexation and zoning of 60.55 acres of land with R-2 and R-8 zoning districts. Staff believes the proposed zoning designations are consistent with the policies in the Comprehensive Plan. The applicant requested that the church parcel be zone R-8 because churches are not allowed uses in either the R-2 or R-4 zoning districts, and are a conditional use within the R-8 zoning district. The church also entered into a consent to annex agreement in 2006. With this annexation, they are making good on their commitment to annex the parcel into the City one the property was contiguous with City limits. The applicant proposes to develop 59 new single-family residential detached homes on 53.47 acres of land. Preliminary Plat: The proposed plat consists of 59 building lots and 10 common lots on 53.47 acres of land in a proposed R-2 and R-8 zoning districts. The gross density for the subdivision is 1.1 d.u./acre. The lots range in size from 22,120 square feet to over 77,000 square feet, with an average lot size of 31,600 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-4 for the R-2 district and 11-2A-6 for the R-8 district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. 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 in order to ensure compliance with the UDC the applicant shall provide an emergency access to E. Lake Hazel in place of the full access that was denied by ACHD. UDC 11-6C-3(B)4 limits the length of a cul-de-sac. With ACHD’s requirement that the access to E. Lake Hazel be removed, Pemberly Lane does not meet the requirements of UDC. The applicant shall revise the plat to comply with this requirement Access: Access is proposed for this site via one access from E. Eagle Road and to E. Lake Hazel Road. ACHD will not allow the applicant to have direct access to E. Lake Hazel, so staff is proposing an emergency access out to Lake Hazel. Streets: The applicant is proposing public roads throughout the development. The applicant’s proposal for street section does not appear to meet the requirements of ACHD. The applicant shall comply with their requirements and shall install 8 foot parkways and 5 foot detached sidewalks throughout the development. Stub Streets: The applicant is proposing a single public stub street at the west boundary. Landscaping: A 35 foot landscape buffer is required along the Lake Hazel frontage because it is considered an entryway corridor per the City’s Comprehensive Plan. A 25-foot wide street buffer is also required along S. Eagle Roads, considered an arterial roadway, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. Parkways: Eight-foot wide parkways are proposed in all areas where detached sidewalks are proposed in accord with the standards listed in UDC 11-3A-17E. Open Space: A minimum of 5% 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 (53.47 acres), a minimum of 5.34 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 5.66 acres (or 10.6%) of qualified open space is proposed consisting of ½ the street buffer along E. Lake Hazel and S. Eagle Roads, and 8-foot wide parkways along the local streets. and internal common open space areas which appear to comply with this requirement. The plat reflects several pedestrian common lots that do not show the required landscaping as required by UDC 11-3B-12. The applicant shall revise the landscape plan to include the required landscaping along pedestrian pathways. Additionally, staff is proposing that the applicant provide an additional pathway between Lots 19 and 20 of Block 3 to the west boundary of the church parcel in order to promote pedestrian accessibility to the church parcel. LDS Church Parcel: The plat as shown indicates that the applicant has purchased a portion of the LDS parcel. The applicant has not provided the final approval letter from Ada County indicating that the applicant has completed the process. Prior to the City Council hearing the applicant shall provide the final approval letter from Ada County indicating completion of the property boundary adjustment. 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 (53.47 acres), staff requires a minimum of 4 qualified site amenities be provided. The amenities include a bike storage enclosure, a gazebo and an additional 5% open space can be applied as an additional amenity. The applicant shall provide 1 additional amenity for the subdivision. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct detached sidewalks throughout the development and along both S. Eagle and E. Lake Hazel Roads in accord with UDC standards. Please note that there is attached sidewalk along the LDS church frontage of S. Eagle Road that was constructed with the church. City staff is ok not replacing the existing sidewalk with detached sidewalk. 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 stucco, masonry, hardy-back siding, wood and brick. Because homes on lots that back up to E. Lake Hazel and Eagle Roads will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Prior to the City Council hearing the applicant shall provide the final approval letter from Ada County indicating completion of the property boundary adjustment. Bill- have they done this? Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Todd Lakey (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Judy Lewis v. Key Issue(s): Increase in traffic generated from the proposed development Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0043, as presented in the staff report for the hearing date of July 24, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0043, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0043 to the hearing date of July 24, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) 1 | P a g e Keep Subdivision – H-2018-0043 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Keep Subdivision – H-2018-0043 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jack L. Hammond, has submitted an application for annexation and zoning (AZ) of 60.55 acres of land with both R-8 (7.07 acres) and R-2 (53.47 acres) zoning districts; and a preliminary plat (PP) consisting of 59 building lots and 10 common lots on 53.47 acres of land for Keep 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 June 6, and June 21, 2018. 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: Todd Lakey (Applicant’s representative) 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. None d. Commission Change(s) to Staff Recommendation: i. Remove condition 1.1.3D e. Outstanding Issue(s) for City Council: 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-2018-0043, as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications). Meridian City Council Meeting Agenda July 24, 2018 – Page 461 of 534 2 | P a g e Keep Subdivision – H-2018-0043 Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2018-0043, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0043 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 southwest corner of E. Lake Hazel Road and S. Eagle Road, in the NE ¼ of Section 5, Township 2N., Range 1E. B. Owners/Applicant: JHP, LLC Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 372 E. Vantage Point Lane 50 E. North Temple Street Meridian, ID 83642 Salt Lake City, UT 84101 C. Representative: Jarron Langston 9563 W. Harness Drive Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for 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 notification published on: May 18, 2018 (Commission); July 6, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: May 10, 2018 (Commission); June 29, 2018 (Council) D. Applicant posted notice on site(s) on: May 25, 2018 (Commission); July 13, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property and an LDS Church, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Diamond Ridge Estates Subdivision, zoned RUT in Ada County; Undeveloped residential property zoned RUT in Ada County. 2. East: S. Eagle Road and single-family residential properties zoned RUT in Ada County. 3. South: One single-family residential property and undeveloped property zoned RUT in Ada County. 4. West: One single-family residential property, zoned RUT. Meridian City Council Meeting Agenda July 24, 2018 – Page 462 of 534 3 | P a g e Keep Subdivision – H-2018-0043 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Temporary sewer service is being made available to this property under an agreement with the Brighton Corporation, as part of their development of Century Farm Subdivision No. 10. This temporary service location may become permanent, and is dependent on the density of future development in the region, and the progression of the west branch of the Ten Mile Trunk Sewer through the Sky Mesa Subdivision. 2. Location of water: Water is available from existing mains in E. Lake Hazel and S. Eagle Roads. 3. Issues or concerns: The water main in Bennet Court. will need to be looped to the south through the common lot to Bingley Drive for fire flow. Fire flow is limited to 1500gpm within this development, which may not be adequate given the size of the proposed lots and dwellings. Coordinate with the Building Department and Fire Department to arrange compliance alternatives. E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation lateral (Farr) along the south side of the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Low Density Residential” on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre. The proposed preliminary plat includes 59 single-family lots on 53.47 acres for a total gross density of 1.1 dwelling units/acre which is consistent with the LDR land use designation. Staff finds that the density is consistent with the comprehensive plan. 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 detached dwellings will contribute to the variety of housing types available within the City.  “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 5.66 acres (or 10.6%) of qualified open space in accord with the requirements listed in UDC11-3G-3.The open space (as noted above) includes landscape buffer along S. Eagle and E. Lake Hazel Roads, internal parkways, and a pedestrian pathway common lot. Meridian City Council Meeting Agenda July 24, 2018 – Page 463 of 534 4 | P a g e Keep Subdivision – H-2018-0043  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a connection to S. Eagle as well as a connection to E. Lake Hazel Road, as well as a stub street to the parcel to the west. Staff will require one additional stub street to the south. ACHD has indicated that the full access to E. Lake Hazel does not meet their standards and is not allowed. The applicant will need to provide an emergency access/pedestrian pathway common lot in order to meet the requirements of UDC 11-6C-3.  “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is adjacent to existing low density homes and similar lot sizes to the north in Diamond Ridge Estates Subdivision. The overall density for the project falls within the parameters of the LDR land use designation and the surrounding residential developments.  “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 applicant is proposing 5-foot detached sidewalks that will connect to proposed sidewalks along both E. Lake Hazel and S. Eagle, a stub sidewalk to the west as well as two proposed pedestrian common lots.  “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 E. Lake Hazel Road as well as a connection to S. Eagle Road. ACHD has indicated that they will not approve the proposed full access to E. Lake Hazel. The applicant will need to provide an emergency access in this location in order to meet the requirements of the UDC.  “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. Lake Hazel and S. Eagle Roads 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-7 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.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) Staff is requiring the applicant to install the frontage improvements along frontage of E. Lake Hazel Road with the first phase. The surrounding area is not currently developed, however the Parks Department has plans to construct a park near the subject property, and commenced construction earlier this year. Staff finds that the sidewalk and landscape buffer should be installed to provide greater pedestrian access to the park facilities. For the above stated reasons, staff finds the proposed project is consistent with the goals and objectives in the Comprehensive Plan. Meridian City Council Meeting Agenda July 24, 2018 – Page 464 of 534 5 | P a g e Keep Subdivision – H-2018-0043 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 and 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached dwellings is a principal permitted use in the R- 2 zoning district, and the current use of a church in the proposed R-8 zoning district is a conditionally approved use within that zoning district. However, since the church was approved within Ada County, the City honors that approval and will not require approval of a conditional use permit for that use to remain. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district and 11-2A-6 for the R-8 zoning district. D. Landscaping:  Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-4 for the R-2 zoned property, 11-2A-6 for the R-8 zoned property and UDC 11-3B-7C.  Per UDC 11-3G-3, the plat is required to provide 5 percent open space and one amenity for every 20 acres of development area. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. 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 60.55 acres of land with R-2 and R-8 zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations are consistent with the policies in the Comprehensive Plan. The applicant requested that the church parcel be zone R-8 because churches are not allowed uses in either the R-2 or R-4 zoning districts, and are a conditional use within the R-8 zoning district. The church also entered into a consent to annex agreement in 2006. With this annexation, they are making good on their commitment to annex the parcel into the City one the property was contiguous with City limits. The applicant proposes to develop 59 new single-family residential detached homes on 53.47 acres of land as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Meridian City Council Meeting Agenda July 24, 2018 – Page 465 of 534 6 | P a g e Keep Subdivision – H-2018-0043 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 provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 59 building lots and 10 common lots on 53.47 acres of land in a proposed R-2 and R-8 zoning districts (see Exhibit A.2). The gross density for the subdivision is 1.1 d.u./acre. The lots range in size from 22,120 square feet to over 77,000 square feet, with an average lot size of 31,600 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-4 for the R-2 district and 11-2A-6 for the R-8 district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. 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 in order to ensure compliance with the UDC the applicant shall provide an emergency access to E. Lake Hazel in place of the full access that was denied by ACHD. UDC 11-6C-3(B)4 limits the length of a cul-de-sac. With ACHD’s requirement that the access to E. Lake Hazel be removed, Pemberly Lane is now approximately 700 feet in length and does not meet the requirements of UDC. The applicant shall revise the plat to comply with this requirement Access: Access is proposed for this site via one access from E. Eagle Road and to E. Lake Hazel Road. ACHD will not allow the applicant to have direct access to E. Lake Hazel, so staff is proposing an emergency access out to Lake Hazel. Streets: The applicant is proposing public roads throughout the development. The applicant’s proposal for street section does not appear to meet the requirements of ACHD. The applicant shall comply with their requirements and shall install 8 foot parkways and 5 foot detached sidewalks throughout the development. Stub Streets: The applicant is proposing a single public stub street at the west boundary. 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 as shown in Exhibit A.3. A 35 foot landscape buffer is required along the Lake Hazel frontage because it is considered an entryway corridor per the City’s Comprehensive Plan. A 25- foot wide street buffer is also required along S. Eagle Roads, considered an arterial roadway, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The buffer width should be measured from the back of curb per UDC 11-3B- 7C.1a (2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise plans accordingly. Landscaping within the common areas is required in accord with the standards listed in UDC 11-3G-3E. Meridian City Council Meeting Agenda July 24, 2018 – Page 466 of 534 7 | P a g e Keep Subdivision – H-2018-0043 Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The applicant shall submit a tree mitigation plan with the final plat application. Parkways: Eight-foot wide parkways are proposed in all areas where detached sidewalks are proposed in accord with the standards listed in UDC 11-3A-17E. Open Space: A minimum of 5% 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 (53.47 acres), a minimum of 5.34 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 5.66 acres (or 10.6%) of qualified open space is proposed consisting of ½ the street buffer along E. Lake Hazel and S. Eagle Roads, and 8-foot wide parkways along the local streets. and internal common open space areas which appear to comply with this requirement. The plat reflects several pedestrian common lots that do not show the required landscaping as required by UDC 11-3B-12. The applicant shall revise the landscape plan to include the required landscaping along pedestrian pathways. Additionally, staff is proposing that the applicant provide an additional pathway between Lots 19 and 20 of Block 3 to the west boundary of the church parcel in order to promote pedestrian accessibility to the church parcel. LDS Church Parcel: The plat as shown indicates that the applicant has purchased a portion of the LDS parcel. The applicant has not provided the final approval letter from Ada County indicating that the applicant has completed the process. Prior to the City Council hearing the applicant shall provide the final approval letter from Ada County indicating completion of the property boundary adjustment. 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 (53.47 acres), staff requires a minimum of 4 qualified site amenities be provided. The amenities include a bike storage enclosure, a gazebo and an additional 5% open space can be applied as an additional amenity. The applicant shall provide 1 additional amenity for the subdivision. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The applicant shall construct fencing as proposed. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct detached sidewalks throughout the development and along both S. Eagle and E. Lake Hazel Roads in accord with UDC standards. Please note that there is attached sidewalk along the LDS church frontage of S. Eagle Road that was constructed with the church. City staff is ok not replacing the existing sidewalk with detached sidewalk. 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 stucco, masonry, hardy-back siding, wood and brick. Because homes on lots that back up to E. Lake Hazel and Eagle Roads will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Meridian City Council Meeting Agenda July 24, 2018 – Page 467 of 534 8 | P a g e Keep Subdivision – H-2018-0043 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 Map 2. Proposed Preliminary Plat (dated: 3/28/18) 3. Proposed Landscape Plan (dated: 11/17/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda July 24, 2018 – Page 468 of 534 9 | P a g e Keep Subdivision – H-2018-0043 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda July 24, 2018 – Page 469 of 534 10 | P a g e Keep Subdivision – H-2018-0043 2. Proposed Preliminary Plat (dated: 3/28/18) Meridian City Council Meeting Agenda July 24, 2018 – Page 470 of 534 11 | P a g e Keep Subdivision – H-2018-0043 3. Proposed Landscape Plan (dated; 11/17/17) Meridian City Council Meeting Agenda July 24, 2018 – Page 471 of 534 12 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 472 of 534 13 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 473 of 534 14 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 474 of 534 15 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 475 of 534 16 | P a g e Keep Subdivision – H-2018-0043 4. Conceptual Building Elevations Meridian City Council Meeting Agenda July 24, 2018 – Page 476 of 534 17 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 477 of 534 18 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 478 of 534 19 | P a g e Keep Subdivision – H-2018-0043 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 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 to City until the agreement is executed. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Except the public street access to S. Eagle Road and the access from the existing LDS church, direct lot access to E. Lake Hazel and S. Eagle Roads is prohibited in accord with UDC 11- 3A-3. b. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations depicted in Exhibit A and the revisions noted in the staff report. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1, Lots 2- 6, 8 and 38, 39 and 41 of Block 3 and Lot 3 of Block 5, ), 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. d. The site shall develop with a minimum of 10.6% open space (5.66 acres) and shall include bike storage and a gazebo as well as two (2) additional amenities in order to comply with UDC 11-3G-3. e. The church shall connect to City utilities as soon as they become available and shall abandon the septic system upon connection to City sewer. f. The applicant shall install the frontage improvements along the frontage of E. Lake Hazel Road and Eagle Road with the first phase of development. 1.1.2 The preliminary plat included in Exhibit A.2, dated 3/28/18, shall be revised as follows: a. The applicant shall provide a master grading and drainage plan for the site with the first final plat application. b. The applicant’s proposal for street section does not appear to meet the requirements of ACHD. The applicant shall comply with ACHD’s requirements and shall install 8 foot parkways and 5 foot detached sidewalks throughout the development. c. With the removal of the direct access to E. Lake Hazel, Pemberly Lane is now approximately 700 feet in length and does not meet the requirements of UDC. The applicant shall revise the plat to comply with this requirement Meridian City Council Meeting Agenda July 24, 2018 – Page 479 of 534 20 | P a g e Keep Subdivision – H-2018-0043 1.1.3 The landscape plan included in Exhibit A.3, dated 11/21/17, shall be revised as follows: a. The buffer width along E. Lake Hazel and S. Eagle Roads shall be measured from the back of curb per UDC 11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise accordingly. b. If there are any existing trees on the site that are 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 shall be noted on the landscape plan submitted with a final plat application. c. The pedestrian pathway on Lot 7, Block 3 shall be landscaped in accord with UDC 11-3B-12. d. The applicant shall provide an additional micropath between Lots 19 and 20 of Block 3 to the west boundary of the church parcel. 1.1.4 The applicant shall comply with all condition of the Ada County Highway District. 1.1.5 Prior to the City Council hearing the applicant shall provide the final approval letter from Ada County indicating completion of the property boundary adjustment. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. Meridian City Council Meeting Agenda July 24, 2018 – Page 480 of 534 21 | P a g e Keep Subdivision – H-2018-0043 1.3.3 The project is subject to all current City of Meridian ordinances. 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. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Type I lighting shall be required along the frontage of the development along S. Eagle Road and E. Lake Hazel Road, and Type II lighting will be required along the internal streets. A street lighting plan will be required with the submittal of development plans and final plat. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Temporary sewer service is being made available to this property under an agreement with the Brighton Corporation, as part of their development of Century Farm Subdivision No. 10. This temporary service location may become permanent, and is dependent on the density of future development in the region, and the progression of the west branch of the Ten Mile Trunk Sewer through the Sky Mesa Subdivision. 2.1.3 The water main in Bennet Court will need to be looped to the south through the common lot to Bingley Drive for fire flow. Fire flow is limited to 1500gpm within this development, which may not be adequate given the size of the proposed lots and dwellings. Coordinate with the Building Department and Fire Department to arrange compliance alternatives. Meridian City Council Meeting Agenda July 24, 2018 – Page 481 of 534 22 | P a g e Keep Subdivision – H-2018-0043 2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 2.1.5 With the application for a building permit, each home builder must submit lot grading and finished floor elevation consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan. 2.1.6 The existing LDS Church situated within this project will be required to connect to the sanitary sewer system being installed as part of the development. Once sewer service is available, the church shall connect within 60-days, and terminate their existing septic system per General Condition of Approval 2.2.8 below. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 482 of 534 23 | P a g e Keep Subdivision – H-2018-0043 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Meridian City Council Meeting Agenda July 24, 2018 – Page 483 of 534 24 | P a g e Keep Subdivision – H-2018-0043 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 887-2211. 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 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 turning 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 484 of 534 25 | P a g e Keep Subdivision – H-2018-0043 4.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.7 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 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. 4.10 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). 4.11 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. 4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.13 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.14 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.15 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 A concrete pad shall be constructed at the end of each common driveway to accommodate all of the trash carts for trash pickup. 6. PARKS DEPARTMENT 6.1 The applicant shall have an ongoing obligation to maintain all pathways. Meridian City Council Meeting Agenda July 24, 2018 – Page 485 of 534 26 | P a g e Keep Subdivision – H-2018-0043 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 50-feet of right-of-way from centerline of Lake Hazel Road abutting the site. 7.1.2 Widen the pavement to a minimum of 17-feet from centerline with 3-foot wide gravel shoulder along Lake Hazel Road abutting the site. 7.1.3 Construct a westbound right-turn lane on Lake Hazel Road with a minimum storage length of 100 feet at the East Ridge Avenue/ Lake Hazel Road intersection. 7.1.4 Construct a 5-foot wide detached sidewalk along Lake Hazel Road, located a minimum 43-feet from centerline abutting the site. Provide a permanent right-of-way easement for any public sidewalk placed outside of the dedicated right-of-way. 7.1.5 Extend Cyanite Drive into the site from the north property line. 7.1.6 Construct all local streets as 33-foot street sections with rolled curb, gutter and detached 5-foot wide sidewalk within 37-feet of right-of-way. 7.1.7 Construct the main entrance intersecting Lake Hazel Road as proposed, with two 21-foot travel lanes and an 8-foot wide center island. The island shall be located within the ACHD right-of-way, and a license agreement is required for all landscaping proposed within ACHD right -of-way or easement areas. 7.1.8 Provide a permanent right-of-way easement for any sidewalk placed outside of the dedicated right-of-way. 7.1.9 Extend Huntly Drive as a stub street to the west property line as proposed. Install a sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.10 Pave the private roadways 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of public streets. Install street name and stop signs for the private roads. All gates or keypads on the private roads shall be located a minimum of 50-feet from the near edge of the public street. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 486 of 534 27 | P a g e Keep Subdivision – H-2018-0043 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 487 of 534 28 | P a g e Keep Subdivision – H-2018-0043 C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda July 24, 2018 – Page 488 of 534 29 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 489 of 534 30 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 490 of 534 31 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 491 of 534 32 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 492 of 534 33 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 493 of 534 34 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 494 of 534 35 | P a g e Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda July 24, 2018 – Page 495 of 534 36 | P a g e Keep Subdivision – H-2018-0043 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 60.55 acre property with R-2 and R-8 zoning districts and develop 59 new single-family residential homes. Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds that the proposed map amendment to the R-2 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; Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Commission recommends that the Council consider 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, Commission 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). Commission finds annexing this property with R-2 and R-8 zoning districts is in the best interest of the City if the applicant revises the plat per staff’s recommendation and enters into a development agreement. 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; Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda July 24, 2018 – Page 496 of 534 37 | P a g e Keep Subdivision – H-2018-0043 b. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission 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; Commission 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 Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Commission’s or Council’s attention. ACHD considers road safety issues in their analysis. Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda July 24, 2018 – Page 497 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9L Project/File Number: H-2018-0048 Item Title: Compass Charter School Public Hearing for Compass Charter School (H-2018-0048) by Bouma USA, Located at the northeast corner of W. Franklin Rd. and S. Black Cat Rd. 1. Request: An Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 25.05 Acres of Lane from Medium -High Density Residential and Park to Mixed Employment; and 2. Request: Annexation and Zoning of 21.93 Acres of Land from RUT to the ME (Mixed Employment) Zoning District Meeting Notes G6JC?1\1P1r- - /Vu 9 APPROVED Hearing Date: 7/24/2018 Hearing Type: Council Item Number: 9-L Project Name: Compass Charter School Project Number: H-2018-0048 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Dawn rice 1935 north interlachen way Meridian id 83646 X 7/24/2018 17:55 Norm Varin 2818 W. Torana Dr.Meridian Idaho 83646 X 7/24/2018 18:19 Jane Byam 6050 El Gato Lane Meridian ID 83642 X X 7/24/2018 18:23 Susan Luke 2072 S Petra Ave. Boise X 7/24/2018 20:50 Linette Gregg 1748 W Apgar Creek Drive Meridian ID 83646 X 7/24/2018 20:51 Kelly Trudeau 2509 N. Christian Way Meridian ID 83646 X 7/24/2018 20:52 Wendy Long 121 E Victory Road Meridian ID 83642 X 7/24/2018 20:53 Cindy Stover 12382 S Essex Way Nampa ID X 7/24/2018 20:53 Lori Mullins 2911 N Chancery Pla Meridian ID 83646 X 7/24/2018 20:54 Ruth David 2396 E Garber Dr Meridian ID 83646 X 7/24/2018 20:54 David Mullins 2911 N Chancery Pl Meridian ID 83646 X 7/24/2018 20:54 Scott Strickler 2505 N. Victor Way Meridian Idaho 83646 X 7/24/2018 20:55 Bill Cassinelli 915 W White Sands Dr Meridian ID. 83646 X 7/24/2018 20:56 Greg Cordero 842 E Yucca Canyon st Meridian ID 83646 X 7/24/2018 20:56 Patricia Barnes 5206 Bond St.Boise ID 83706 X 7/24/2018 20:57 Lindley Ballen 347 Harlan Pl Eagle ID 83616 X 7/24/2018 20:57 Renee Jones 5053 West Victory Rd Nampa Idaho 83687 X 7/24/2018 20:58 Item #9L: Compass Charter School (H-2018-0048) Application(s):  Comprehensive Plan Map Amendment  Annexation and Zoning Size of property, existing zoning, and location: This site consists of 21.93 acres of land, zoned RUT, located at the NEC of W. Franklin & S. Black Cat Roads. FLUM Designation: MHDR & Park Summary of Request: The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on approximately 25.05 acres of land from MHDR & Park to Mixed Employment and to annex 21.93 acres of land into the City from RUT to the M-E (Mixed Employment) zoning district. The Comprehensive Plan Map Amendment is desired so the applicant can develop the parcel with a private school and annex in property that is operating with a landscape business approved through the County. To ensure the site develops in conjunction with the submitted concept plan & elevations and the existing landscape business meets the standards of the City, staff recommends the applicant enter into two separate DA’s; one for the Compass Charter School property and one for the landscape business. With this application, the applicant has submitted a concept plan for the Compass charter school including parking, cross access to adjacent properties, bus access and included a concept plan for Sunshine Landscape Inc. that includes a secured storage yard and the associated parking area. The City has received several concept plans for the property. Staff feels that it is important to discuss the differences between the two and to describe which elements of each need to be included in the overall design of the site. Concept Plan #1 (left): This site plan shows the entire area to be included in the comprehensive plan map amendment, so it is impossible to include this site plan in the DA. This site plan shows how the whole area could develop in the future as well as indicates how the school plans to expand in the future. Concept Plan #2 (right): This site plan provides the first phase of development for the school as well as shows the landscape business site. The landscape business is showing several improvements to their site including paving the parking area and fully screening the outdoor storage to the north of their building. Access: This property has frontage on Franklin Road and Black Cat Road. The applicant is proposing to construct a portion of a collector roadway along the north boundary as part of their development consistent with the Ten Mile Specific Area Plan. The access to Franklin Road is right-in/right-out only for buses. ACHD has approved the access points as shown. The applicant is also proposing cross-access easements to properties along the west and east boundary for interconnectivity in accord with UDC standards. The landscape business will maintain its current access to Franklin until the property is further developed or cross access is provided for adjacent properties. The future uses of the site must comply with the applicable specific use standards for the specific use. The school and the landscape business each have separate standards that shall be met. They are as follows: Future Uses: School: UDC 11-4-3-14 Education Facilities Landscape Business: 11-4-3-45 for Dispatch Center for Mobile Services The Council should be aware that a school is a principally permitted use within the M-E zoning district, and only requires a Certificate of Zoning Compliance and Design Review application to move forward. The dispatch center for mobile services use is a conditional use permit within the M-E zoning district, so any expansion of this use will require a Conditional Use Permit. Building Elevations: Conceptual building elevations were submitted for the proposed building as shown in Exhibit A.5. Design features include a large amount of glass, what appear to be EIFS panels, metal and Hardiboard. Future building elevations and site design must comply with the design standards in the ASM and UDC 11-3A-19. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Paul Berlein and Bill Hadlock (Applicant Representatives). Kelly Trudeau ii. In opposition: Jane Byam, Cheryl Storrs, Steve Janoushek, iii. Commenting: None iv. Written testimony: None v. Key Issue(s): Concerns pertaining to the following: 1) increase in traffic congestion; 2) application may have been improperly noticed; and, 3) continued provision of irrigation water to down-stream users. Key Issue(s) of Discussion by Commission: Parking and bus circulation Commission Change(s) to Staff Recommendation: The school shall only be allowed one access to the future collector road and bus circulation. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: [name(s)] - [issue(s)] Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0048, as presented in the staff report for the hearing date of July 24, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0048, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0048 to the hearing date of July 24, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 1 STAFF REPORT HEARING DATE: June 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Compass Charter School – CPAM, AZ (H-2018-0048) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bouma USA, has applied for the following: 1) a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment. 2) Annexation (AZ) of 21.93 acres from RUT (Ada County) to the ME (Mixed Employment) zoning district. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and AZ applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Paul Berlein and Bill Hadlock (Applicant’s Representatives) ii. In opposition: Jane Byam, Cheryl Storrs, Steve Janoushek, Kelly Trudeau iii. Commenting: Jane Byam, Cheryl Storrs, Steve Janoushek, Kelly Trudeau iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Concerns about increase traffic congestion ii. Concerns that the application was improperly noticed iii Concerns that the irrigation water would continue to be provided to the down-stream users. c. Key Issues of Discussion by Commission: i. The Number of parking spaces ii. The number and location of trash enclosures d. Commission Change(s) to Staff Recommendation: i. The school shall only be allowed one access to the future collector road. e. Outstanding Issue(s) for City Council: i. None Meridian City Council Meeting Agenda July 24, 2018 – Page 499 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2018-0048 as presented for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2018-0048, as presented in the staff report for the hearing date of July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0048 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the northeast corner of W. Franklin Road and N. Black Cat Road, in the SW ¼ of Section 10, Township 3 North, Range 1 West. B. Applicant/Representative: Bouma, USA 445 Pettis, Suite 201 Ada, Michigan 49301 C. Owners: Sunshine Landscape Inc. Gem State Home Buyers, LLC/A Star properties LLC PO Box 724 PO Box 140191 Meridian, ID 83680 Boise, ID 83714 Rene A and Cheryl Shoop 3822 W. Lake Hazel Road Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment and annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (Council) D. Applicant posted notice on site by: June 8, 2018 (Commission); July 12, 2018 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently undeveloped, zoned RUT with a portion of the property developed with a landscape business. Meridian City Council Meeting Agenda July 24, 2018 – Page 500 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 3 B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single family residence, zoned RUT (Ada County) 2. East: Commercial business, zoned RUT (Ada County) 3. South: Vacant property zoned RUT (Ada County); Single-family residential, zoned RUT (Ada County); W. Franklin Road 4. West: Single family residential properties, zoned RUT and C2 (Both in Ada County); and S. Black Cat Road C. History of Previous Actions: None D. Utilities: 1. Location of sewer: The subject site is currently serviceable via mainline extensions from the existing mains in W. Franklin and N. Black Cat Roads. 2. Location of water: The subject site is currently serviceable via mainline extensions from the existing mains in W. Franklin and N. Black Cat Roads. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no major waterways that cross this site. 2. Hazards: The Williams pipeline bisect the property near the southern end of the subject property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: This property is designated Medium-High Residential on the Comprehensive Plan Future Land Use Map (FLUM). Medium High Density Residential areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensively developed areas, such as Mixed Use Commercial or Employment areas, in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents. Within relatively large Medium High Density areas, larger-scale, higher-density housing should be located closest to higher intensity uses, or commercial or activity center, with a transition to smaller -scale and lower density buildings as the distance from the higher intensity use or center increases. Proposed: The applicant proposes to change the FLUM designation from Medium-High Density to Mixed Employment. The purpose of the Mixed Employment areas is to encourage a dive rsity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Mixed Employment areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises. Mixed Employment areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located Meridian City Council Meeting Agenda July 24, 2018 – Page 501 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 4 within the area. This would include multiple access points to help disperse traffic, and a complete system of streets, sidewalks and pedestrian and bicycle paths to provide circulation within the area and connections to the surrounding roadway, pedestrian and trail systems. Mixed Employment areas should be designed as lower density suburban-style developments. Design and development standards are recommended that would help to make developments more attractive, engaging and accessible places. While there are no fixed limits on size of establishment or development intensity in Mixed Employment areas, it is anticipated that buildings will range in height from 1 -4 stories, have total floor areas of 10,000-1,000,000 square feet, and that FAR will exceed .75. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc.).” ACHD has been notified and involved with the application. There are no impacts to school or parks as the entire project area is non-residential. The application was forwarded on to partner agencies for comment. 2. 3.01.01F, “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” The proposed project is located in an area where development has and is already occurring, and City services are readily available. 3. 3.01.01J, “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” The proposed site plan shows direct access to Franklin and Black Cat Roads. An east-west collector road is proposed on the north side of the project. This will help to facilitate growth further to the east of this project. There is an existing landscape business east of this project site that will be annexed into the City as part of the project. The business will be allowed to keep their direct access to Franklin Road until such time as that property is further developed. 5. 3.02.01B, “Support the location of school sites within every square mile.” Though not a public school, the addition of a school in the square mile will help the West Ada School district to alleviate current concerns with overcrowded schools. 6. 3.02.01J, Ensure compatibility of schools with neighborhoods and adjacent land uses.” The design of the site including landscape buffers will help to ensure that the school is compatible to the existing residential and commercial uses adjacent to the school. 7. 3.03.02N, “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” The site maintains existing curb cuts onto two arterial roadways. There are a number of smaller parcels that currently have direct access to Black Cat Road. The applicant has proposed three cross access points to the parcels along Black Cat Road so that in the future the direct access to Black Cat can be eliminated for those parcels. The applicant is also proposing a cross access to the west as well as stubbing a collector to the east property line. 8. 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions.” The MSM shows an east/west collector roadway to be constructed on the north boundary of the proposed school property. The applicant is proposing to construct their portion of the collector Meridian City Council Meeting Agenda July 24, 2018 – Page 502 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 5 roadway which will equate to ½ of the collector plus 12 feet of additional asphalt to accommodate the other lane of traffic. The property owner to the north of the school will construct their portion of the collector upon development of their parcel. 9. 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” Adjacent residential properties to the west will be separated by a 25 foot landscape buffer as required by UDC 11-2B-3, or shall apply for alternative compliance. A reduced buffer between non-residential and residential uses can be reduced by City Council during the public hearing process. The applicant is requesting to install a 6 foot tall buffer along this boundary and has received support from the adjacent neighbors. The applicant is requesting a comprehensive plan map amendment for these properties and It is anticipated that these properties once annexed will also be zoned M-E and will be nonresidential in nature, thus not requiring a landscape buffer. 10. 3.06.01H, “Support land uses that do not harm natural systems and resources.” There are no known natural resources in the project area that should be protected. 11. 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.” The proposed site plan maintains the same number of existing curb cuts as exist, while creating an opportunity for a reduction from other parcels in the future. 12. 3.07.02N, “Ensure development provides safe routes and access to schools, parks and other community gathering places” There is a newly constructed sidewalk along W. Franklin road that will facilitate pedestrian travel both to the east and to the west. There is not currently a sidewalk in place along Black Cat that would facilitate pedestrian travel to the north or to the south from the proposed collector roadway. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The proposed CPAM and AZ will change the residential nature of the property to more of a commercial use. That being said, a school is a use that can in most cases be very compatible with a residential neighborhood. In this case, there are some existing residential properties that surround the property. To ensure that both proposed and future commercial developments are compatible with the adjacent properties, these development will be subject to the City’s design review standards in the UDC and the Architectural Design Manual. b. Population Meridian City Council Meeting Agenda July 24, 2018 – Page 503 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 6 The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. The proposal is to annex this property into the City and to connect to City services. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. The proposed CPAM removes a portion of Medium High Density designated property from the comprehensive plan. The development proposal does not incorporate a housing element. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject properties are located adjacent to a large undeveloped area within the City’s Low Density Employment Comprehensive Plan designation as well as two major mobility corridors. The amount of visibility and the level of public investment in infrastructure and services like roads make it a prime candidate for redevelopment. Specifically the established transportation networks in the area and the visibility that this parcel will have make this parcel a good option for a school site. e. Public Services, Facilities, and Utilities The proposal is to annex this property into the City. Once annexed, the property will be required to connect to City services. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequ ate school facilities and student transportation. The subject application does not include a housing element and rather than impacting the school system in terms of additional schools needed, this development should help to increase capacity to the public school system. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The property is located in an area that has an established roadway network to adequately serve the proposed development. The Ten Mile Interchange Specific Area Plan has specific requirements for a collector road for this property and to comply with that requirement , the applicant will be constructing a portion of a collector roadway as well as several cross access easements in order to provide future transportation connectivity in the area. g. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. Meridian City Council Meeting Agenda July 24, 2018 – Page 504 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 7 h. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. i. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. The Williams Pipeline bisects the property and the applicant is required to comply with their development handbook. j. Recreation Recreation resources within Meridian include 18 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City a lso maintains several pathways. A portion of the site is designated as “Park,” however the Parks Department doesn’t have any plans or interest in developing a park on the property. Aside from any recreation areas proposed specifically for student use, this site is not formally designated for recreational purposes. k. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. The area west of the Black Cat will be designated as Low Density Employment and with this application and the proposal to amend the Comprehensive Plan to Mixed Employment; this area specifically located adjacent to N. Black Cat will be designated as Mixed Employment, which is a commercial designation that will allow for a mixture of commercial and industrial zoning designations. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning and Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. The current property owner has consented to the application submittal. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): Meridian City Council Meeting Agenda July 24, 2018 – Page 505 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 8 Mixed Employment District (M-E) - The purpose of the M-E district is to provide for the office, medical center, research and development and light industrial needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the M-E zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the M-E zoning district. D. Landscaping:  Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table11-2B-3 for the M-E zoning district.  Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table UDC 11-3C-6B for the proposed industrial lots. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND ANNEXATION (AZ): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 25.05 acres of land from Medium-High Density Residential and Park to Mixed Employment and to annex 21.93 acres of land into the City from RUT to the M-E (Mixed Employment) zoning designation. The Comprehensive Plan Map Amendment is desired so the applicant can develop the parcel with a private school and annex in property that is operating with a landscape business approved through the County. To ensure the site develops in conjunction with the submitted concept plan and elevations and the existing landscape business meets the standards of the City, staff recommends the applicant enter into two separate development agreements; one for the Compass Charter School property and one for the landscape business. The recommended DA provisions are located in Exhibit B of the staff report. Concept Plan: With this application, the applicant has submitted a concept plan for the Compass charter school including parking, cross access to adjacent properties, bus access and included a concept plan for Sunshine Landscape Inc. that includes a secured storage yard and the associated parking area. The City has received several concept plans for the property. Staff feels that it is important to discuss the differences between the two and to describe which elements of each need to be included in the overall design of the site. Concept Plan #1: This site plan shows the entire area to be included in the comprehensive plan map amendment, so it is impossible to include this site plan in the development agreement. This site plan shows how the whole area could develop in the future as well as indicates how the school plans to expand in the future. Meridian City Council Meeting Agenda July 24, 2018 – Page 506 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 9 Concept Plan #2: This site plan provides the first phase of development for the school as well as shows the landscape business site. The landscape business is showing several improvements to their site including paving the parking area and fully screening the outdoor storage to the north of their building. The future use of the site must comply with the specific use standards for the specific use. The school and the landscape business each have separate standards that shall be met. They are as follows: School: UDC 11-4-3-14, UDC 11-3A-14 and UDC 11-4-3-33 for Outdoor Storage Facilities. Landscape Business: 11-4-3-45 for Dispatch Center for Mobile Services The Commission should be aware that a school is a principally permitted use within the M-E zoning district, so any expansion of the school will only require a Certificate of Zoning Compliance and Design Review application to move forward. On the other hand, a dispatch center for mobile services use is considered a condition use within the M-E zoning district, so any expansion of this use will require a Conditional Use Permit. Property Boundary Adjustment: The landscape business located on parcels S1210336321 and S1210336377 is selling the north portion of their property to Compass Charter School and will be required to apply for a property boundary adjustment prior to submitting a certificate of zoning compliance application for the school. Separately, because the landscape business will be located on a separate property from the school once the property boundary adjustment is finalized; staff is recommending that the school and landscape business be placed into separate development agreements. The applicant shall provide staff with separate legal descriptions for the school and landscape business in order to facilitate the two separate development agreements. Building Elevations: Conceptual building elevations were submitted for the proposed building as shown in Exhibit A.5. Design features include a large amount of glass, what appear to be EIFS panels, metal and Hardiboard. Staff does not have concerns with using these specific materials but wants to express that the applicant needs to meet the standards set forth in the City’s Architectural Standards Manual. The extensive use of metal on several of the elevations may not meet the standards as previously mentioned. Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. This property has frontage on Franklin Road and Black Cat Road. There is one existing access point to the site from both E. Franklin Road and N. Black Cat Road, both classified arterial roadways. Since the only access to this property is from these two roads and the applicant is requesting to construct a portion of a collector roadway as part of their development that will eliminate direct access to their parcel from Black Cat Road. Per ACHD, the applicant will only be allowed to have a right-in/right-out access to Franklin Road. Additionally, staff has concern about the buses only being able to access Franklin Road with a right- in/right-out access. The applicant shall reconfigure The applicant is also proposing several cross-access easements as part of the project. The cross accesses as proposed appear to meet the requirements of the UDC to facilitate internal circulation in the future. The locationas of the cross access easements generally located where The number and location of the cross access easements will be further defined with the certificate of zoning compliance application. Landscaping: A 25-foot wide street buffer is required to be provided along the residential properties west of the school as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is required along W. Franklin Road and N. Black Cat Road, both arterial roadways, as set forth in UDC 11-2B-3. Landscaping within the street buffer should be provided in accord with the standards listed in UDC Meridian City Council Meeting Agenda July 24, 2018 – Page 507 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 10 11-3B-7C. A 20 foot landscape buffer is also required along the proposed collector roadway per the previously named standards. Any interior parking lot landscaping will be required with development of the property. Fencing: No fencing is depicted on the landscape plan for this site. Any new fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along W. Franklin Road. The applicant will be required to install detached sidewalk along N. Black Cat Road as well as along the future collector roadway. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application prior to construction to ensure all construction and site improvements comply with the conditions in this report and the provisions of the UDC, per UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site layout and design of all structures on the site is required to be consistent with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing & Proposed Future Land Use Map 3. Legal Description & Exhibit Map of Annexation Area 4. Proposed Concept Plans 5. Proposed Building Elevations B. Agency Comments C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda July 24, 2018 – Page 508 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 11 Exhibit A.1: Vicinity Map Meridian City Council Meeting Agenda July 24, 2018 – Page 509 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 12 Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda July 24, 2018 – Page 510 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 13 Exhibit A.3: Legal Description & Exhibit Map of Annexation Area Meridian City Council Meeting Agenda July 24, 2018 – Page 511 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 14 Meridian City Council Meeting Agenda July 24, 2018 – Page 512 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 15 Meridian City Council Meeting Agenda July 24, 2018 – Page 513 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 16 Exhibit A.4: Proposed Concept Plan Concept Plan #1 Meridian City Council Meeting Agenda July 24, 2018 – Page 514 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 17 Concept Plan #2 Meridian City Council Meeting Agenda July 24, 2018 – Page 515 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 18 Exhibit A.5: Proposed Building Elevations Meridian City Council Meeting Agenda July 24, 2018 – Page 516 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 19 B. Agency Comments 1. PLANNING DIVISION 1.1.1 DA FOR THE COMPASS CHARTER SCHOOL: A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. c. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. d. The applicant shall comply with the Education Institution standards set forth in UDC 11-3A- 14. e. Prior to submitting an application for a Certificate of Zoning Compliance, the applicant shall finalize a property boundary adjustment in order to consolidate the parcels into one parcel. f. All development within the 75-foot wide Williams pipeline easement shall adhere to the most current standards contained in the Williams Gas Pipeline Developers’ Handbook. 1.1.2 DA for the Landscape business located on parcels S1210336321 and S1210336377: A Development Agreement (DA) is required as a provision of the 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) and the developer at the time of rezone ordinance adoption. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the design standards listed in UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and building elevations in Exhibit A. b. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. c. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. d. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11- Meridian City Council Meeting Agenda July 24, 2018 – Page 517 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 20 3A-14. e. The current parcel is granted the single access point to W. Franklin Road and the parcel will lose direct access to W. Franklin upon further development of the parcel or when cross access to the parcel is provided from an adjacent parcel, whichever occurs first. f. The applicant shall comply with the Dispatch for Mobile Services standards set forth in UDC 11-3A-45. g. The applicant shall provide a separate legal description for the landscape business in order to facilitate a separate development agreement. h. Once annexed and prior to applying for a certificate of zoning compliance for the school; the applicant shall apply for a property boundary adjustment to incorporate the north portion of parcel S1210336321 into the school property. i. The landscape business located on parcels S1210336321 and S1210336377 shall provide a cross-access both to the east and to the west in order to provide access to surrounding properties once they redevelop. j. The school shall only be allowed one access to the future collector road. 1.1.3 The applicant shall provide all of the cross-access agreements as shown on the concept plan as shown in exhibit A.4. 1.1.4 The landscape business located on parcels S1210336017 and S1210336351 is required to bring their parcel into the standards of the UDC. The applicant shall provide the following items on their site: a. Any storage areas shall meet the requirements of UDC 11-4-3-33. b. The storage area shall be comprised of asphalt, crushed asphalt or gravel. Dirt is not an approved material for storage areas. c. The storage area shall be completely screened from view and the fence/wall used to screen the area shall meet the requirements of UDC 3A-7. d. The landscape buffer along W. Franklin shall meet the requirements of UDC 11-3B-7 and 11-2B-3. e. The site shall provide a cross access to both the east and to the west. f. The cross access to the east shall align with the cross access from the Compass Charter School property. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 There currently exists an Agreement for Extension of Domestic Water and Sewer Service Outside of Meridian City Limits, that affects a portion of the subject site, recorded in Ada County Records as Instrument #114045763. Meridian City Council Meeting Agenda July 24, 2018 – Page 518 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 21 2.1.2 Coordinate with the Meridian Public Works Department and Fire Department to ensure hydrants provide adequate flow for building. As proposed, there appears to be at least 1500 gpm at 20 psi residual pressure. 2.1.3 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 The applicant shall provide easement(s) for any 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. 2.2.2 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. 2.2.3 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.4 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.5 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. 2.2.6 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. 2.2.7 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards for any new public sewer and/or water infrastructure. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.8 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. Meridian City Council Meeting Agenda July 24, 2018 – Page 519 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 22 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITION OF APPROVAL 7.1.1 The Compass Charter School shall be responsible for all costs associated with the design, hardware, and construction of any pedestrian facilities needed to accommodate future pedestrian needs of the school. This includes flashing beacons, crosswalk striping and signage, and HAWK signals or RRFBs. 7.1.2 Replace any broken or deteriorated curb, gutter, or sidewalk on Franklin Road abutting the site. 7.1.3 Dedicate right-of-way to total 48-feet from the center line of Black Cat Road abutting the site, as proposed. 7.1.4 Construct a 5-foot wide detached concrete sidewalk on Black Cat Road located a minimum of 41- feet from the centerline of Black Cat Road abutting the site. 7.1.5 Widen the pavement on Black Cat Road to a minimum width of 17-feet from centerline plus a 3- foot wide gravel shoulder adjacent to the entire site. 7.1.6 Construct the new east/west collector onto Black Cat Road located at the site’s north property line, as proposed. 7.1.7 Construct the 3 lane section of the collector as ½ of a 46-foot collector street section with 23-feet of pavement, plus 12 additional feet of pavement (to total 35-feet of pavement) with vertical curb, gutter, and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3- foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the north side of the roadway. The right-of-way should extend from the 2-feet behind the back of the sidewalk and encompass the borrow ditch. 7.1.8 As the collector roadway continues east and transitions to a 2 lane roadway, construct it as ½ of a 36-foot wide collector roadway with 18-feet of pavement, plus 12 additional feet of pavement (to total 30-feet of pavement) with vertical curb, gutter, and a 7-foot wide attached concrete sidewalk on the south side of the roadway, with a 3-foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the north side of the roadway. The right-of-way should extend from the 2-feet behind the back of the sidewalk to encompass the borrow ditch. 7.1.9 Construct the collector roadway as a complete 36-foot street section with vertical curb, and gutter on both sides of the roadway, with a 7-foot wide attached sidewalk on the south side of the road where the applicant controls both sides of the roadway. 7.1.10 Construct 1 stub street to the east, the new east/west collector1,100-feet north of Franklin Road. Extend the right-of-way for the stub street to the east property line. Install a sign at the terminus of the stub street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 7.1.11 Construct an offset temporary turnaround at the terminus of the stub street, as proposed. The temporary turnaround shall be paved and constructed to meet the same dimensional requirements of a standard cul-de-sac. Meridian City Council Meeting Agenda July 24, 2018 – Page 520 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 23 7.1.12 Grant a temporary turnaround easement to the District for those portions of the temporary cul-de- sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified as a non-buildable lot until the street is extended. 7.1.13 Close the existing driveway onto Franklin Road with vertical curb, gutter, and sidewalk to match the improvements on either side. 7.1.14 Construct one right-in/right-out only driveway onto Franklin Road located approximately 480- feet east of Black Cat, as proposed. Construct the driveway as a curb return driveway with a 30- foot radii and to a maximum width of 36-feet. 7.1.15 Extend the existing median on Franklin Road 75-feet east beyond the driveway to restrict the driveway to right-in/right-out only. Install a RIGHT OUT ONLY sign on site at the driveway exit onto Franklin Road. 7.1.16 Construct four driveways onto the east/west collector roadway, located as proposed: • Driveway 1 located 185-feet east of Black Cat Road. • Driveway 2 located 265-feet east of Black Cat Road. Sign this driveway as “ENTER ONLY”. • Driveway 3 located 370-feet east of Black Cat Road. Sign this driveway as “EXIT ONLY”. • Driveway 4 located 650-feet east of Black Cat Road. 7.1.17 All 4 of the driveways should be constructed as curb return type driveways and to a maximum width of 36-feet. 7.1.18 Other than access specifically approved with this application, direct lot access to Franklin Road and Black Cat Road is prohibited. 7.1.19 Payment of impact fees is due prior to issuance of a building permit. 7.1.20 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 521 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 24 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. Meridian City Council Meeting Agenda July 24, 2018 – Page 522 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 25 C. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Commission finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Commission finds that the proposal to modify the Future Land Use Map to allow for the school use uses on this site will be compatible with existing and future residential, commercial and industrial uses. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Commission finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Commission finds the proposed amendment will be compatible with the surrounding existing residential and future commercial and industrial uses. f. The proposed amendment will not burden existing and planned service capabilities. Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Commission finds the proposed private school development of this property is consistent with the proposed map amendment, will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and VIII and the subject findings above, Commission finds that the proposed amendment is in the best interest of the City if the applicant enters into a development agreement with the City. 2. 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 Meridian City Council Meeting Agenda July 24, 2018 – Page 523 of 534 Compass Charter School – CPAM, AZ (H-2018-0048) PAGE 21 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 21.93 acre property with an M-E zoning district to develop a charter school. Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds that the proposed map amendment to the M-E 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; Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Commission recommends that the Council consider 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, Commission 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). Commission finds annexing this property with an M-E zoning district is in the best interest of the City if the applicant revises the plat per Commission’s recommendation and enters into a development agreement. Meridian City Council Meeting Agenda July 24, 2018 – Page 524 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9M Project/File Number: Item Title: Approval of AIA G802 Amendment No. 1 to the AIA B133 Agreement to Rice, Fergus, Miller, Inc. for the "Final Design and Construction Drawings — Fire Station 6" project for a Not -To -Exceed amount of $523,925.00. Meeting Notes G✓ APPROVED Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Charlie Butterfield & Mark Niemeyer Date: 7/12/2018 Re: July 17 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 17 th City Council Consent Agenda for Council’s consideration. Approval of AIA G802 Amendment No. 1 to the AIA B133 Agreement to Rice, Fergus, Miller, Inc. for the “Final Design and Construction Drawings – Fire Station 6” project for a Not-To-Exceed amount of $523,925.00. Recommended Council Action: Approval of Amendment No. 1 to Rice, Fergus Miller, Inc. for the Not-To-Exceed amount of $523,925.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda July 24, 2018 – Page 526 of 534 1 Charlene Way From:Mark Niemeyer Sent:Tuesday, July 24, 2018 6:26 AM To:Mayor and City Council Cc:C.Jay Coles Subject:Station 6 update Attachments:Station 6 timeline memo to Council.docx Council- On tonight’s agenda are two items that you saw last week: 1. Approval of the architectural design contract with Rice/Fergus/Miller. You should have received an email from Keith Watts indicating the cost percentage (10.6%) as compared to the cost of construction. This fee is in line with accepted industry standard and what the City has paid on prior projects. This contract was pulled last week due to confusion over the fee. 2. Approval of the contract with the CM/GC (ESI). I will also provide a brief update on timing, as well as anticipated budget. I have added this information to the original Station 6 memo document that was recently covered during our one on one meetings. You will find that document attached, with additions highlighted in red. We will be maintaining and adding information (when received and appropriate) to this existing document to maintain consistency of communication. This presentation (outside of the contract request for approval) will be informational only, with no further action being requested at this time. We’re hoping this update, and the updates to follow, will maintain an open and transparent communication on the development of Station 6. Mark Mark Niemeyer, Fire Chief Meridian Fire Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 888-1234 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Office of the Fire Chief Meridian Fire Department 33 E. Broadway, Meridian, ID 83642 Phone 208-888-1234 Fax 208-895-0390 www.meridiancity.org June 14, 2018 UPDATED July 24, 2018 Memo to Mayor, City Council As a result of the budget hearing discussions on 6-14-18, specifically regarding Station 6 timelines, I wanted to provide this memo for historical, current, and future discussions. FY 2017 actions: - In July of 2017, during the budget hearing process, a budget amendment specific to Station 6 was presented and approved in the amount of $4,716,000. This budget amendment included: o $223,092 for personnel (100% funded by Meridian Rural Fire Protection District). This was to allow 12 firefighters to be entered into the Recruit Academy which began August 21st, 2017 (and was completed December 17th, 2017). o $744,500 for Fire Engine 36 (100% funded by impact fees). Order was placed soon thereafter. o $3,971,500 for the design, construction, and furnishing of Station 6 (Impact fee eligible). This equated to $250 sq/foot based on cost estimate research done earlier in 2017 prior to budget hearings. Current cost per square foot (for same construction) is $338 sq/foot. - Also done at the same time was informational only FY18 commitment for the 12 firefighters hired. The cost of that commitment was $1,270,908 (100% funded by the Meridian Rural Fire Protection District). This information was the cost for 12 firefighters to be funded by the District from October 1, 2017-September 30, 2018 - The timelines discussed were to begin the process immediately, with an estimated programming/design phase to be completed by early spring 2018, and br eaking ground immediately after with a potential completion of December, 2018. Specifically: o Feb-May (2017): Fire department collaboration on joint project. Outcome: Completed in 4 months o June/July (2017): Budget proposal/funding commitment. Outcome: Completed in 2 months o July (2017) – January (2018) (7 months): RFQ/Design/CM-GC selection. Outcome: Will end up at approximately 17 months o Jan-Feb (2018)- Bidding/CM-GC onboarding. Per ESI, anticipated to take 2 months o March-December (2018)(10 months)- Break ground through Station completion . Outcome: Per ESI, anticipated to take 12 months - Below are the actual timelines from March, 2017- September 30, 2017: o February- March- Collaboration with area fire departments on joint design/build concept. Office of the Fire Chief Meridian Fire Department 33 E. Broadway, Meridian, ID 83642 Phone 208-888-1234 Fax 208-895-0390 www.meridiancity.org o March 21, 2017- Development of RFQ for architects began. Joint agencies participated; Keith Watts led effort. o May 31, 2017- Met with Legal and purchasing to finalize agreement for joint effort between Meridian and Caldwell. o July 11, 2017- RFQ draft completed. o August 7, 2017- RFQ published. o September 6, 2017- Received 10 qualified architect packets o September 18th, 2017- RFQ packets reviewed FY 2018 actions: - October 3, 2017 work for draft RFQ for CM/GC begins - November 3, 2017: RFQ for CM/GC published - November 14, 2017: Notice of award for Architect (Rice/Fergus/Miller) sent out - November 18th: Final decision on Station location (Overland Rd. vs Bear Creek) - November 21, 2017: Station design committee begins work with Architect on programming design phase - December 19th, 2017: Council awards Rice/Fergus/Miller contract for design services - January 10, 2018: Annexation community meeting - January 11, 2018: Review CM/GC packets - February 23rd, 2018: Interviews with ESI and Morgan Construction for CM/GC - February 26th, 2018: ESI selected as CM/GC - March 23rd, 2018: Initial cost estimates introduced by ESI - March 27th, 2018: Received contract from ESI - April 5th, 2018: P/Z meeting for annexation - May 3rd, 2018: Met with ESI to discuss fees; subsequently reduced from 6.5% to 4.75% - May 15th, 2018: Annexation hearing for Overland Road property - June 1st, 2018: Programming phase with architects completed. - June 14th, 2018: Contract with ESI being reviewed by legal/purchasing Next steps: anticipated and projected by ESI and Architect: - MFD staff and Public Works staff meeting to plan shared roles for Project Management once construction begins. - Schematic design/design development/construction documents/cost updates: December 2018 completion. - Sub contract bidding period: January-February 2019 - Construction begins: February 2019 (weather permitting) - Construction ends: January 2020 (12 months) Office of the Fire Chief Meridian Fire Department 33 E. Broadway, Meridian, ID 83642 Phone 208-888-1234 Fax 208-895-0390 www.meridiancity.org Anticipated budget: After working with CFO Lavoie, budget amendment will be presented in December/January AFTER not to exceed cost is established by ESI following the completion of construction documents. Below is the anticipated cost; funds will be requested from the Capital Improvement Fund, to be repaid through Fire impact fees. Significant changes from original budget: 1. Cost of construction rise- approximately $88 sq/ft increase. Fire Department lessened the square feet (by 1610 sq/ft) to cost contain due to the increase. Removed from the plans: community room, added bedrooms to accommodate growth, Battalion Chief office, 3 rd apparatus bay). 2. Cost of Architect rise- this is a direct result of the cost of construction. Architectural design is commonly 8-15% the cost of construction. Architectrual programming (work completed) was a not to exceed amount of $93,000- we are anticipating a final cost around $75,000 upon receipt of all invoices. 3. Cost of sitework (landscaping, parking lot, etc) has risen. Original estimate established 2 years ago was $280,000 based on prior fire station projects. Cost is now anticipated at $927,775. 4. Also included in this revised budget: $125,000 for allowances (weather, soil issues, etc), $141,000 for Fees (Idaho Power, others), and $525,000 for FF&E (fixtures, furniture, equip. as well as contingency). These three items are anticipated as a not to exceed; if not needed will not be spent. Respectfully submitted, Mark Niemeyer, Fire Chief Capital Outlay Fund#Dept.#G/L#Proj.#G/L# Description Total 07 2210 94120 1325 93,000$ 07 2210 92000 1325 523,000$ 07 2210 92000 1325 3,709,013$ 07 2210 92000 1325 927,755$ 07 2210 92000 1325 303,980$ 07 2210 92000 1325 525,000$ 07 2210 92000 1325 125,000$ 07 2210 92000 1325 141,000$ Total Capital Outlay 6,347,748$ Other fees Cost of building (10970 sq ft x $338) Sitework (incl. landscape) Allowences (weather, soils, etc) Offsite work (signalization, utility) FF&E (furn, fixt, equip)/Contigency Architectural Programming Architectural Design/Constr. Docs Formatted: Underline Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Superscript Amendment to the Professional Seryices Agreement PROJECI (name and address) 2017070.01 Meridian Fire Station 6 0tlNER: (name and addres.s) City of Me diaD c/o Meridian Fire Department 33 E. Broadway Avorue, #204 Meridiao, ID 83462 AGREE EI'IT INFORiiATIOI{: Date: December 12,2017 AIA B 133-2014 ARCHITECII. (nane and address) tuce Fergus Miller, Ioc. 275 56 Sheet, Suite 100 Bremeflon. wA 98317 AlilEt{DtUENT INFORMATION: Amendment Number: 001 Date: July I l, 2018 I . I .2 Projcct's Physical Charactcristics, Add: " Station 6 design to be based on a Conccpt Design ptan dated June 27, 2018 completeed iq Phase I for a single story, z-apparatus bay station of approximat 10,400 GSF, located at 1435 W. Overland Road, Parcel No. 51224223380. Design services will include documentation ofone Add Alternate for a Battalion Chief suite." 1.1.3 The Ovmer's budget for Cost of Wod<, as dehned in Section 6.1: Add: To be mutually agreed upotr. 1.1.4 The Ownels anticipated design and constsuction schedule, Add: "Per attached Exhibit D, Proposed Schedule, dated June 6, 20 t8, subject to to reyision as mutually agreed upon between Owner and Architect.' 1.1.10,4. Geotechnial Engineering: Add "by Owner: Srata, E653 West Hackmore Drive, Boise,lD E3709." 3.2 Evaluatoo ofthe Construction Managels Guarantced Maximum Pricc Proposal ofCost Estimate, Delete: 'Not Iacluded in Contract or Fee." 3.3 Schematic Design Phase Services, Delele: 'Not lncluded in Contract or Fee." 3.4 Design Development Phase Services, Delete: 'Not Included in Contract or Fee." 3.5 Construction Document Phase S€rvices, D€lete: "Not lrcluded in Contract or Fee." 3.6 Construction Ph8se Services, Delete; "Not Included in Contract or Fee." 3.6.6 Pmject Comptetion Delete: "Nor lncluded in ConEact or Fec." 4.1.7 Buitding Information Modeling delete refereDce to 8203-13 and revise to 'Provided by dp611e"1,' 4.1.8 Civil Engineering, revise to "Provided by Architect." 4. 1.9 Landscape design, revise to "Provided by Architect." 4. I .'l 0 Architectural Interior Design, delete reference to 8252-2007 and revise to "Provided by Architect.' 4.1.11 Value Analysis, delete reference to 8204-2007 and revise to "Architect wil particpate in CMGC led Value Aaalysis." 1 AIA Documht Ge02t - 2017. Copynght O 2000, 2007 snnm17 by Th6 A,ndlcan lrBtt b ofA,l rltocb. All .llhlr rrt rltd, IYARNING: This AtA. Oocum.nt i5 prot.ctod by U.S. Copyright L.w ,nd hl. ationsl TEati.6. Unauthorizrd r.productlon o. dlstribdion of this AlA. Docum6nt, or any portion of it, may rcsuh in severe civiland criminal p€nalties, and willbc prosecuted to lhe marimum cncnt possible unde.lhe law. This.bdrrie.rt vre! prcd&od by AIA 6ofiwarE a! l1:29:53 on 07ll'll20l8 urdor fro. No. 88671489) rfik$ 6rrir3 m 10/31/2018, end b not b. lE6ah. Uxr l{o!..: (3BgAoA3D) The Owner and AJchit€€t ametrd thc Agrecmcnt as follolvs: Cover Page, The Construction Manager, Add: "Engineered Sfuctur€s Inc. (ESI), 3330 E Louise Dr #300, Meridian, ID E3642, Scott Tidwell Project Manager." Meridian City Council Meeting Agenda July 24, 2018 – Page 527 of 534 4.1.21 Telecommunications/data design revise to "Provided by Architect." 4.3.2 Delete: "Not Included in Contract or Fee." 4.3.3.1 Inset: "2." 4.3.3.2 Insert: "26." 4.3.3.3 Insert: "2." 4.3.3.4 Insert "2." The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Reference Article 11: For the Basic Services and Additional Services incorporated in this Addendum, Compensation will be per attached Exhibit E, Compensation 11.7 Revise "Per attached 2017 Billing Rates for Rice Fergus Miller, Exhibit B and Pivot North Architect, Exhibit C" to read: "Per attached 2018 Billing Rates for Rice Fergus Miller, Exhibit F and Pivot North Architect, Exhibit G." 11.8.2 Revise "For reimbursable expenses the compensation shall be expenses incurred by the Architect and the Architect's Consultants plus zero percent (0%) markup. " Schedule Adjustment: Per attached Exhibit D, Proposed Schedule, dated June 6, 2018, subject to to revision as mutually agreed upon between Owner and Architect. SIGNATURES: Ritte Fereus Mill&,Inc N SIGNATURE V David A. Fergus. Principal PRINTED NAME AND TITLE July 11, 2018 DATE City of Meridian PRINTED NAME AND TITLE 7� DATE AIA Document G80270 — 2017. Copyright ® 2000, 2007 and 2017 by The American Institute of Architects. All dghts reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any 2 portion of it, may result in 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 11:29:53 on 07/11/2018 under Order No. 0887148990 which expires on 10/31/2018, and is not for resale. User Notes: (3B9ADA3D) ,,,� ip-GSo2 Meridian City Council Meeting Agenda July 24, 2018 – Page 529 of 534 atc{ergusnrrER AICHlI€CT\JRE INTTFIORS ILANNIN6 VIZIAI 275 Fifth Street, Suite 10O Bremerton, WA 98337 1360) 377 -877 3 rf march.com City of Meridian Fire Station 6 Amendment 0'l - EXHIBIT E For the Services described in Amendment l compensation shall be per Table I or Table ll as follows Compensation Table I For Station 6 Services performed independently, soley for City of Meridian: Schematic Design Services - Fixed Fee Design Development Services - Fixed Fee Construction Document Services - Fixed Fee Eidding Phase Services - Fixed Fee Construction Administration & Project Completion Hourlv Not to Exceed s 8s,13s s 117, 12s s 1s8,s9s s 23,760 s 1 16.910 Subtotal Labor s s01,s2s Total 5 523p25 Compensation Table ll The following Compensation Table is provision is dependant on the City of Caldwell executing a contract for the same scope of professional services starting no later than the completion of the Schematic Design Phase. For Station 6 Services performed concurrently with City of Caldwell with one prototype station design and with design services performed concurrently and construction administration services staggered: Schematic Design Services - Fixed Fee Design Development Services - Fixed Fee Construction Document Services - Fixed Fee Bidding Phase Services - Fixed Fee Construction Administration & Project Completion Hol rrlv Not to 5 6s,9s1 s 90,9r9 s 142,7s2 23,670 s 1 15.910 Subtotal Labor s440,929 Total 5 4ss,992 Meridian City Council Meeting Agenda July 24, 2018 – Page 530 of 534 R.c{srguwtttER ARCHITECIURE INTERIOR5 PTANNING V]2LAB 275 Fifth Street. Suite 100 Bremerton, WA 98337 Phone: (360)377-8773 rfmarch.com 2O18 Hourly Billing Rates Date of Proposal: July 6,2018 Project: City of Meridian, Fire Station 6, Amendment 01 Project No.: 2O77O7O.O7 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: lnterior Designer: Marketing Staff: Project Coordinator: Administrative Staff: Graphics Visualization Staff : $200.00-$23s.00 $ 9s.oo-$17o.oo $13s.00-$190.00 $ 80.00-$155.00 $ 80.00-$200.00 $ 100.00 $ 6s.00- 90.00 $ 60.00- $100.00 $ 90.00- $100.00 Meridian City Council Meeting Agenda July 24, 2018 – Page 531 of 534 ho,NORTHarchitecture January 2018 2018 Standard Hourly Rate Table* ln-house reimbursable costs are as follow: . Reproductions, prints, plots & mounting r Plan review and application fees o Meals and approved travel expenses r Renderings and models . Outside professional services approved by the client Copies of all out-of-house reimbursable expense invoices will be included with Pivot's invoice to the client- + Rates shall be reviewed and may be adjusted per annum Role Description Hou rly Rate: PrincipalArchitect 51ss.00 Pro ect Manager s130.00 Project Architect S12o.oo Senior Designer s120.00 8lM Manager s100.00 lnterior Designer S8s.oo Architectural,ntern lll s9s.oo Architectural lntern ll Seo.oo Architectural lntern I s85.oo Ad min istrative s6s.00 Printing & Reproduction: Color print/copy (8.5" x71", f7" x77"1 S1.oo Black & White print/copy (8.5" x 7t" , 77"x77"1 So.o8 CD/DVD Duplication 52o.oo USB Drive Duplication (less than 2GB)S1o.oo Mileage (per mil 50.s4 Postage Cost 1101 Weit Grove Street, Bois€. ldeho 83702 | {2m) 690-3108 1 Meridian City Council Meeting Agenda July 24, 2018 – Page 532 of 534 City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 9N Project/File Number: Item Title: Award of RFQ #FD -1809-10770.A and Approval of AIA A133 Agreement to ESI for the "CMGC Services — Fire Station 6" project for a Not -To -Exceed amount of 4.75% of the cost of construction. Meeting Notes 9 APPROVED - o F®esDocument A133 — 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Pivot North Architecture 1101 West Grove Street, Boise, ID 83702 The Owner's Designated Representative: (Name, address and other information) Charlie Butterfield City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 The Construction Manager's Designated Representative: (Name, address and other information) AIA Document A133TM —2009 (formerly A121 T CMc —2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of It, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) ADDITIONS AND DELETIONS: The author of this document has AGREEMENT made as of the 22nd day of March in the year 2018 added information needed for its (In words, indicate day, month and year) completion. The author may also have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to the City of Meridian standard form text is available from 33 East Broadway Avenue the author and should be reviewed. A Meridian, ID 83642 vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Name, legal status and address) and where the author has added to or deleted from the original AIA text. Engineered Structures, Inc This document has important legal 3330 East Louise Drive, Ste. 300 consequences. Consultation with an Meridian, ID 83642 attorney is encouraged with respect to its completion or modification. for the following Project: (Name and address or location) AIA Document TM' General Conditions ons of thhee Contract Meridian Fire Station #6 for Construction, is adopted in this Overland Road and Locust Grove document by reference. Do not use with other general conditions unless Meridian, ID this document is modified. The Architects: (Name, legal status and address) Rice Fergus Miller 275 Fifth Street, Ste 100, Bremerton, WA 98337 Pivot North Architecture 1101 West Grove Street, Boise, ID 83702 The Owner's Designated Representative: (Name, address and other information) Charlie Butterfield City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 The Construction Manager's Designated Representative: (Name, address and other information) AIA Document A133TM —2009 (formerly A121 T CMc —2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of It, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) Joe Jackson, Vice President of Operations Engineered Structures, Inc. 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 Telephone Number: 208-362-3040 Fax Number: 208-362-3113 Email Address: joejackson@esiconstruction.com The Architect's Designated Representative: (Name, address and other information) David Fergus Rice Fergus Miller Gunner Gladics Pivot North Architecture The Owner and Construction Manager agree as follows. AIA Document A133TM —2009 (formerly A121 T CMe —2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's best skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; to use its best efforts to manage the Project in the best and most sound way; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Construction Manager acknowledges that it owes a contractual duty to the Owner for all of its construction management services in connection with the Project. The Construction Manager covenants and represents that it has the professional expertise, manpower, and capacity to undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201TM-2007, General Conditions of the Contract for Construction, as revised for this project, shall apply only as specifically provided in this Agreement. For the Construction Phase, the AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 3 Document, or any portion of it, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) general conditions of the contract shall be as set forth in A201-2007, as revised for this project, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.2.1 In conjunction with the Architect and Owner, the Construction Manager will develop a formal comprehensive management and scope of Work plan. The Owner will decide whether to make Project changes. § 2.1.2.2 The Construction Manager will review the design and make suggestions to the Owner as to value engineering, constructability, suitability of materials and equipment, scheduling, time, methods and sequence of construction, clarity, consistency and coordination of documentation, to reduce project construction cost, to reduce operational costs or to improve the life of the building. The Owner will decide whether to make Project changes. However, the Construction Manager is not a licensed design professional and assumes no responsibility for the design of the Project or the design of the approved manufacturing systems (such as trusses and fire protection systems). - Except as otherwise set forth in this Contract, any suggestions by the Construction Manager to modify the design of the Project to reduce costs will be based on Construction Manager's knowledge and experience as a construction contractor and Construction Manager, and not as a design professional. § 2.1.2.3 The Construction Manager shall develop, in coordination with Owner, a system for hacking project costs and cash flow. § 2.1.2.4 The Construction Manager shall attend and, if requested by Owner, schedule and lead periodic project meetings and special meetings for the exchange of information concerning the project, and review of design progress, permits and approvals. All meetings shall be held at a location and time convenient to the Owner's Designated Representative. § 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The issuance of a Project schedule shall be a representation and warranty to owner that Construction Manager has thoroughly and carefully examined the Project schedule and found it to be a reasonable and adequate amount of time for Construction Manager to perform the Work, and includes reasonable periods for the review of submittals, tests, inspections and other matters by Owner, Architect and any governmental authorities. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. AIA Document A133T. — 2009 (formerly A121 TMCMC — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 4 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, detailed estimates of the Cost of the Work and value engineering analysis of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.5.3 Owner may require additional cost estimates to confirm budget due to modification made via design workshops, and the Construction Manager shall work with the Architect to reconcile any differences. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall seek to develop bidders' interest in the Project. The Construction Manager shall develop the scope of work and prepare bid packages in concert with the Architect (Owner will provide a template for the bid packages) for each trade to be bid and participate in the prequalification and qualification of each of the Subcontractors and Sub -subcontractors as defined by law. § 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi -governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and AIA Document A133TM —2009 (formerly A121 WCMc —2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 5 Document, or any portion of it, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and isnot for resale. User Notes: (1328836723) acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.2.10 The Construction Manager's submittal of the Guaranteed Maximum Price proposal for the Owner's review and acceptance shall constitute Construction Manager's representation and warranty to Owner that it has carefully and thoroughly examined the Contract Documents and found them to be reasonably coordinated, complete and suitable for construction of the Work in the Contract Time and for the Guaranteed Maximum Price. AIA Document A133Tm — 2009 (formerly A121 T"CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6 Document, or portion of it, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201 2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.1.3 The Contract Time shall be measured from the date of Commencement. § 2.3.1.4 The Construction Manager shall achieve Substantial Completion of the entire Work no later than Twelve (12) months from notice to proceed. The construction schedule will be added by Amendment at such time when enough information is available to accurately project the construction schedule. �§ 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager may provide a self -performing bid for specific scope(s) of work. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect and Owner. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Deleted § 2.3.2.4 The Construction Manager may recommend a specific bidder that may be considered a "related party" according to Section 6.10, so long as the Construction Manager notifies the Owner of such relationship and the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system. § 2.3.2.7.2 The Construction Manager shall establish and implement a Quality Control program including monitoring the quality programs of all Subcontractors. AIA Document A133M —2009 (formerly A121 TMCMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 7 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 2.3.2.7.3 The Construction Manager shall monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at least monthly and, if and as necessary, prepare and submit recovery schedules. § 2.3.2.7.4 The Construction Manager shall furnish monthly reports concerning the progress of the work which address: (a) compliance with the construction schedule, (b) status of testing and inspection activities performed by the Construction Manager and Subcontractors, (c) status of shop drawings and submittals, (d) status of change orders, and (e) other matters relating to the progress of work as directed by Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.3.2.9 The Construction Manager shall be available to meet with the Owner as shall be reasonably scheduled by the Owner's designated representative. The Construction Manager shall attend, and, if requested by Owner, shall schedule and lead, regular project and construction progress meetings, and conduct regular meetings at the site with each Subcontractor. All meetings shall be held at a location and time convenient to the Owner's Designated Representative. § 2.3.2.10 The Construction Manager shall assume responsibility for project safety in accordance with OSHA requirements. § 2.3.2.11 The Construction Manager will work with the Owner to coordinate scheduling, installation of furniture, fixtures and equipment to be installed by Owner. The Construction Manager will work with the Owner to schedule, stage, and move Owner's personnel and operations into the building in an organized and systematic manner, so as to minimize personnel down-time. § 2.3.2.12 The Construction Manager shall implement procedures for reviewing and processing requests for information or clarifications and interpretations of the Contract Documents; shop drawings, samples, and all other submittals, contract schedule adjustments, change order proposals, proposals for substitutions, payment applications, as -built drawings, and maintenance of logs using the internet-based project management software. § 2.4 Professional Services Section 3.12.10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 3.1.2 Deleted § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. Upon the reasonable request of the Construction Manager during the Preconstruction Phase, the Owner shall furnish the following information or services with AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution) of this AIA° 8 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) reasonable promptness and at the Owner's expense. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 Legai Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133Ti" 2014, Standard Form of Agreement Between Owner and Architect, as modified for this Project. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable) Lump sum value of Twenty -Five Thousand and no/100 Dollars ($25,000.00) This lump sum value represents 50% of the total estimated preconstruction cost on the understanding that both the Meridian & Caldwell Fire Stations proceed through the Preconstruction Phase Schedule as identified in 4.1.3. If both stations do not move forward in conjunction with each other the preconstruction phase fee will be equitably adjusted AIA Document A133TM —2009 (formerly A121 TM CMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 9 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018,.and is not for resale. User Notes: (1328836723) per 4.1.4 to address increased proportional costs of Owner for Preconstruction services performed on a faster track than the Caldwell Fire Station. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within eight ( 8 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. Owner and Construction Manager agree to the following schedule: - 100% SDs — 7/6/18 - 100%DDs — 8/20/18 - 50% CDs —10/31/18 - 100% CDs —1/4/19 - Project Out to Bid —1/7/19 - Bid Opening —1/29/19 - Construction Start — 3/4/19 - Project Completion — 2/28/20 § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable Net 30 days of City's receipt of the Construction Manager's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. NA ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) Four and Three -Quarters Percent (4.75%) § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: Four and Three -Quarters Percent (4.75%) § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Ten Percent (10%) Overhead on direct cost of work and Five Percent (5%) Fee on direct cost of work. § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed seventy-five percent ( 75 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: N/A (Identify and state the unit price; state the quantity limitations, if any, to which the emit price will be applicable) AIA Document A133TM — 2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 10 Document, or any portion of It, may result In 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 13:02:31 on 07/1312018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Paragraph deleted) The savings shall be the difference as of the date of Final Completion of the Work between (1) the sum of the Cost of Work and the Contractor's Fee and (2) the Guaranteed Maximum Price. All savings shall be to the benefit of the Owner. § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.2.2.1 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established the CM/GC for the G/CM's exclusive use to cover additional development of Plans and Specifications and unforeseen costs which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. The CM/GC's Contingency is assigned for use by the CM/GC to pay for project issues that are with in control such as subcontractor coordination, insufficient coordination of the design drawings, unforeseeable general conditions expenses, buy-out error, and scope gaps. It may also be used for some issues beyond the CM/GC's control such as lost time, increases in bid contracts, subcontractor failure, and expediting costs for critical materials. CM/GC's contingency is not available for Owner directed design or scope changes and unforeseen or differing site conditions. CM/GC Contingency costs will be reviewed monthly by the Owner for conformance with the contract. Damaged, non -conforming or out -of -sequence work does not constitute a change order, is not an addition to the cost of work and may not be paid for out of CM/GC Contingency. Under no circumstances will any project funds be used for acts of negligence or violations of statutes. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201 2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. AIA Document A1337m —2009 (formerly A121 TmCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 11 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.1.1 Costs as defined herein shall be actual costs paid by the Construction Manager, less all discounts, rebates, and salvages that shall be taken by the Construction Manager, subject to Article 6.9 of this Agreement. All payments made by the Owner pursuant to this Article 6, whether those payments are actually made before or after the execution of the Contract, are included within the Guaranteed Maximum Price specified in Paragraph 5.2 above; provided, however, that in no event shall the Owner be required to reimburse the Construction Manager for any portion of the Cost of the Work incurred prior to the Commencement Date unless the Construction Manager has received the Owner's written consent prior to incurring such cost. § 6.1.1.2 Notwithstanding the breakdown or categorization of any costs to be reimbursed in this Article 6 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event any particular item for which payment is requested can be characterized as falling into more than one of the types of compensable or reimbursable categories. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site locations. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel assigned to the Project and/or who perform tasks specifically related to the Project. Project Manager hourly rate - $69.00 Estimator hourly rate - $70.00 Assistant Project Manager hourly rate - $53.00 Project Coordinator hourly rate $32.00 Project Engineer hourly rate - $58.00 Superintendent hourly rate - $88.00 § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. AIA Document A133Tm —2009 (formerly A121 TMCMc —2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 12 Document, or any portion of it, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 0911912018, and is not for resale. User Notes: (1328836723) § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Reimbursable costs associated with Subcontractor -provided bonds are subject to the limitations set forth in Article 11 of AIA Document A201-2007. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. Insurance coverages provided by Construction Manager and outlined in Section 8 of this Agreement shall be charged at the rate of .838%, calculated on the direct cost of work. Builders Risk insurance is not included; however if Owner elects Construction Manager to provide Builders Risk insurance, Construction Manager to provide alternate pricing for this cost. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. AIA Document A133TM —2009 (formerly A121 T'"CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 13 Document, or any portion of It, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. (Paragraph deleted) § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others; provided that any absence of collectible insurance is not due to the Construction Manager's breach of any contract for insurance. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7,- .4 .7;.4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. AIA Document A133TM —2009 (formerly A121 T' CMc —2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 14 Document, or any portion of it, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received fiom sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. The Construction Manager shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with at least seven (7) days' prior notice of the same and the opportunity to furnish such funds to obtain such discount, rebate or refund on behalf of the Owner. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as are consistent with generally accepted accounting principles consistently applied and as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment including reasonable supporting documentation submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 15 Document, or any portion of It, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) payment shall be made by the Owner as soon as the necessary approvals can reasonably be attained but not later than Thirty ( 30 ) days after the Owner receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 7.1.4 With each Application for Payment, the Construction Manager shall submit Subcontractor's Application for Payment cover sheet and any other evidence required or requested by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion ofthe Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of five percent ( 5.0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5.0 %) from that portion of the Work that the Construction Manager self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 2007, as modified for this Project, and any other amounts properly held by the Owner at the time of each progress payment. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent (5%) retainage shall be withheld on all Subcontractors. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document A133Tm —2009 (formerly A121 TMCMe — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 16 Document, or any portion of it, may result in severe civil and criminal penalties, and wlll be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 13:02:31 on 07/1 312 01 8 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Upon substantial completion of the work, the owner shall pay the Construction Manager the unpaid balance of the Contract Sum, less one -hundred -fifty percent (150%) of the cost of completing any unfinished items as agreed to between the Owner and Construction Manager as to extent and time for completion. The Owner thereafter shall pay the Construction Manager monthly the amount retained for unfinished items as each item is completed § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. AIA Document A133T" —2009 (formerly A121 TMCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 17 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofA1A Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Workers' Compensation As mandated by state and federal law. Employers' Liability $1,000,000.00 Commercial General Liability $1,000,000.00 Each Occurrence (incl. Premises -Operations, Independent Contractors' Protective, Products -Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (incl. coverage for Explosion, Collapse and Underground hazards)) General Aggregate $2,000,000.00 (w/$10,000,000.00 Umbrella) Personal and Advertising Injury $1,000,000.00 Products -Completed Operations Aggregate $2,000,000.00 Automobile Liability $1,000,000.00 Each Accident (Combined Single Limit) (incl. owned, non -owned and hired vehicles) for bodily injury and property damage) § 8.1 The Owner shall be an additional insured under Construction Manager's Commercial General Liability policy. § 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance. Such insurance shall be written for not less than the following limits, or greater if required by law: Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Property Insurance (Builders, All Risk) Deductible Per Occurrence (Owner Responsibility) Aggregate Deductible (Owner Responsibility) Boiler and Machinery Insurance (If not a blanket policy, list the objects to be insured) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request may be made concurrently with the filing of litigation, but in the event litigation is filed, the mediation shall proceed in advance of litigation, which shall be stayed pending mediation. Written agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any Claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be as follows: AIA Document A133TM —2009 (formerly A121 T"CMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 18 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) [ X ] Litigation in a court of competent jurisdiction. Any Mediation or trial arising out of or relating to the Contract shall be commenced and conducted in Ada County, Idaho. § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A201-2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10. 1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. AIA Document A133Tm —2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 19 Document, or any portion of It, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007, as modified for this Project. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, as modified for this Project, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201 2007, as modified for this Project. § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007, as modified for this Project, shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201 2007, as modified for this Project, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: § 11.5.1 Owner shall have the right to directly communicate with any person or entity related to the Project about any matter, whether or not such matter is related to the Project; provided, however, binding communications under this Agreement shall only be made through the proper protocols set forth in this Agreement. Owner shall not interfere with the Construction Manager's coordination of its Subcontractors and Suppliers. Construction Manager shall not prohibit, limit or condition any employee or subcontractor of any tier, or any other person, from separately communicating with Owner for any matter or purpose, whether or not such matter is related to the Project, except where Owner has interfered with Construction Manager's coordination and management of its Subcontractors or Suppliers § 11.5.2 In the event of any controversy, claim or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof (whether sounding in tort, AIA Document A133T1' —2009 (formerly A121 TMCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIX' 20 Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for. resale. User Notes: (1328836723) contract or otherwise), the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees, court costs, expert witness fees and other costs and expenses of such action in any appeal there from. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager 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 Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133--2009, Standard form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as modified for this Project. .2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified for this Project. 3 AIA Document A133 — 2009, Exhibit A, Guaranteed Maximum Price Amendment to be executed at a later date after the project has been bid out. .4 (Paragraphs deleted) Other documents: (List other documents, if any, forming part of the Agreement) This Agreement is entero e day and year first writl A ER (Si t e eye /V'6N/0 r (Printed name and title) Joe Jackson, Vice President (Printed name and title) AIA pocu3nent A733t" 2009 (formerly A121vmCMC— 2003). Copyrlght&r 1891, 2003 and 2009 by TheArnerican Institute of ArchltecM All rights reserved, Init. WARNING: This AIA) Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA' 21 Document, or any portion at It, may result in severe 00 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 13:02:31 an 07113/2018 under Order No.9838311733 which expires on 09/191201 S. and Is not for resale. User Notes: (1328838723) Additions and Deletions Report for AIA® Document A133TM — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:02:31 on 07/13/2018. PAGE AGREEMENT made as of the 22nd day of March in the year 2018 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 En@:ineered Structures, Inc 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID The "~Architects: (Name, legal status and address) Rice Fergus Miller 275 Fifth Street. Ste 100, Bremerton, WA 98337 Pivot North Architecture 1101 West Grove Street, Boise, ID83702 Charlie Butterfield City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 PAGE 2 Joe Jackson, Vice President of Operations Engineered Structures, Inc. 3330 East Louise Drive, Ste. 300 Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TMCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) Meridian, ID 83642 Telephone Number: 208-362-3040 Fax Number: 208-362-3113 Email Address: joejackson@esiconstruction.com David Fergus Rice Fergus Miller Gunner Gladics Pivot North Architecture PAGE 3 12 SCOPE OF THE AGREEMENT The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's best skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; to use its best efforts to manage the Project in the best and most sound way; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Construction Manager acknowledges that it owes a contractual duty to the Owner for all of its construction management services in connection with the Project The Construction Manager covenants and represents that it has the professional expertise, manpower, and capacity to undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. For the Preconstruction Phase, AIA Document A201TM 2007, General Conditions of the Contract for Construction, as revised for this project, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, as revised for this project, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. PAGE 4 4 2.1.2.1 In conjunction with the Architect and Owner, the Construction Manager will develop a formal comprehensive management and scope of Work plan The Owner will decide whether to make Proiect changes. $ 2.1.2.2 The Construction Manager will review the design and make suggestions to the Owner as to value engineering constluctability, suitability of materials and equipment scheduling, time, methods and sequence of construction clarity, consistency and coordination of documentation to reduce project construction cost to reduce operational costs or to improve the life of the building The Owner will decide whether to make Project changes. However, the Construction Manager is not a licensed design professional and assumes no responsibility for the design of the Project or the design of the improved manufacturing systems (such as trusses and fire protection systems). Except as otherwise set forth in this Contract any suggestions by the Construction Manager to modify the design of the Project to reduce costs will be based on Construction Manager's knowledge and experience as a construction contractor and Construction Manager, and not as a design professional. Additions and Deletions Report for AIA Document A1331m —2009 (formerly A121 TMCMc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 2.1.2.3 The Construction Manager shall develop in coordination with Owner, a system for tracking project costs and cash flow. § 2.1.2.4 The Construction Manager shall attend and if requested by Owner, schedule and lead periodic project meetings and special meetings for the exchange of information concerning the project and review of design progress permits and approvals All meetings shall be held at a location and time convenient to the Owner's Designated Representative. § 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The issuance of a Project schedule shall be a representation and warranty to owner that Construction Manager has thoroughly and carefully examined the Project schedule and found it to be a reasonable and adequate amount of time for Construction Mana eg r to perform the Work and includes reasonable periods for the review of submittals, tests, inspections and other matters by Owner Architect and any governmental authorities. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. PAGE 5 § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, detailed estimates of the Cost of the Work and value engineering analysis of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.5.3 Owner may require additional cost estimates to confirm budget due to modification made via design workshops and the Construction Manager shall work with the Architect to reconcile any differences. The Construction Manager shall seek to develop bidders' interest in the Project. The Construction Manager shall develop the scope of work and prepare bid packages in concert with the Architect (Owner will provide a template for the bid packages) for each trade to be bid and participate in the prequalification and qualification of each of the Subcontractors and Sub -subcontractors as defined by law. The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi -governmental authorities for inclusion in the Contract Documents. PAGE 6 § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed upon -agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TmCIVIc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA° Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018.underOrder No.9838311733 which expires on 09/19/2018, and is not for resale. (1328836723) User Notes: § 2 210 The Construction Manager's submittal of the Guaranteed Maximum Price proposal for the Owner's review and acceptance shall constitute Construction Manager's representation and warranty to Owner that it has carefully and thoroughly examined the Contract Documents and found them to be reasonably coordinated complete and suitable for construction of the Work in the Contract Time and for the Guaranteed Maximum Price. PAGE 7 § 2.3.1.3 The Contract Time shall be measured from the date of Commencement. § 2.3.1.4 The Construction Manager shall achieve Substantial Completion of the entire Work no later than Twelve(l2) months from notice to proceed The construction schedule will be added by Amendment at such time when enough information is available to accurately project the construction schedule. § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate Y .f per -sons f.om whe entities from whie' the Construetion Managef shall obtain bids. Construction Manager may provide a self -performing bid for specific scope(s) of work. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Mehiteet. The ^ hall then determine, vvM the a&iee of the Construetion Manager- and the Ar-ehiteet, whieh bids will be . Architect and Owner. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.3 shall not be awarded on the basis of eost-plus a fee without the pfier eonsent of -the Ownef. If f -h -e S.-h-en-fitrMaet is - awarded on a eost plus fee basis, the Construetion Manager- shall provide in the Subeentfaet for- the Owner- to r-eeeive the safne audit rights with fegard to the Subeentraetof as the Owner- r-eeeives with fegafd io the Construetion Manage in Seetion 6.11 bolow.Deleted § 2.3.2.41f4he-The Construction Manager &may recommend a specific bidder that may be considered a "related party" according to Section 6. 10, then the Construetion Manager- ' ll premptly notify the Owner in writing o suehrelationship and roti .I he 0. ' cf so long as the Construction Manager notifies the Owner of such relationship and the specific nature of the contemplated transaction, according to Section 6.10.2. 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system. 6 2.3.2.7.2 The Construction Manager shall establish and implement a Quality Control program including monitoring the quality programs of all Subcontractors. 2.3.2.7.3 The Construction Manager shall monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at least monthly and if and as necessary prepare and submit recovery schedules. § 2.3.2.7.4 The Construction Manager shall furnish monthly reports concerning the progress of the work which address: (a compliance with the construction schedule (b) status of testing and inspection activities performed by the Construction Manager and Subcontractors (c) status of shop drawings and submittals (d) status of change orders, and (e) other matters relating to the progress of work as directed by Owner. § 2.3.2.9 The Construction Manager shall be available to meet with the Owner as shall be reasonably scheduled by the Owner's designated representative The Construction Manager shall attend and if requested by Owner, shall schedule and lead regular project and construction progress meetings and conduct regular meetings at the site with Additions and Deletions Report for AIA Document A133 TM -2009 (formerly A121 WCMc - 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAlAsoftware at 13:02:31 on 07113/2018 under Order No.9838311733which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) each Subcontractor. All meetings shall be held at a location and time convenient to the Owner's Designated Representative. § 2.3.2.10 The Construction Manager shall assume responsibility for project safety in accordance with OSHA requirements. $ 2.3.2.11 The Construction Manager will work with the Owner to coordinate scheduling, installation of furniture, fixtures and equipment to be installed by Owner. The Construction Manager will work with the Owner to schedule, stage and move Owner's personnel and operations into the building in an organized and systematic manner, so as to minimize ersonnel down-time. .42.3.2.12 The Construction Manager shall implement procedures for reviewing and processing requests for information or clarifications and interpretations of the Contract Documents; shop drawings samples and all other submittals contract schedule adjustments change order proposals proposals for substitutions payment applications, as built drawings and maintenance of logs using the internet-based project management software. PAGE 8 § 3.1.2 Prior to the exeoution of the Guaranteed Mffldmum Priee Amendment, die Gonstfuetion Managepinay-request in wfifing that the Owner prolvide feasenable evidenee giat the Ownef has made finatneial atTangements to fulfill the Ownef's obligations undef the Gentrae4. Thereafter-, the Cefistruetion Manager may only r-equest sueh evidenee if (1) the Owner- fails to make payments to the Genstfue4ien Manager as the Centraet Deetiments require, (2) a ehange ill the Weik materially ehanges the Gentraet Sum, or- (3) the Ganstfuetion Manager- identifies in writing a reasonable eeneern regarding the Owner's ability to make payment when due. The Owner shall fiiFnish sueh evidenee as a eandition Aftef the Owner fumishes the evidenee, the Owner shall not matefially vary stieh finaneial affangements without Pfior- . the Genstmetion Menagef and A ehiteet-.�Deleted § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During.Upon the reasonable request of the Construction Manager during the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable premptness—.promptness and at the Owner's expense. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. PAGE 9 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 133TM 2014, Standard Form of Agreement Between Owner and Architect, Edition -as modified for this Project. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. Lump sum value of TweM-Five Thousand and no/100 Dollars ($25,000.00) This lump sum value represents 50% of the total estimated preconstruction cost on the understanding that both the Meridian & Caldwell Fire Stations roceed through the Preconstruction Phase Schedule as identified in 4.1.3. If both stations do not move forward in conjunction with each other the preconstruction phase fee will be equitably adjusted per 4.1.4 to address increased roportional costs of Owner for Preconstruction services performed on a faster track than the Caldwell Fire Station. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within eight (8 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. Owner and Construction Manager agree to the following schedule: Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TMCMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be.prosecuted to the maximum extent possible underthe law. This documentwas produced by AIA software at 13:02:31 on 07/13/2018 under OrderNo.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) 100% SDs — 7/6/18 100%DDs — 8/20/18 50% CDs —10/31/18 100% CDs —1/4/19 Project Out to Bid —1/7119 Bid Opening —1/29/19 Construction Start — 3/4/19 Proiect COmDletion — 2/28/20 PAGE 10 § 4.2.2 Payments are due and payable upon- presentatie>rNet 30 dates of Ci 's receipt of the Construction Manager's invoice. Amounts unpaid Th�(30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insei4 rate of fnenthly or- apHaal interest agreed upon.) %—NA Four and Three -Quarters Percent (4.75%) Four and Three -Quarters Percent (4.75%) Ten Percent (10%) Overhead on direct cost of work and Five Percent (5%) Fee on direct cost of work. § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed seventy-fivepercent (75 e/a) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: N/A PAGE 11 mm Units and Limitato Price per Unit ($0.90) The savings shall be the difference as of the date of Final Completion of the Work between (1) the sum of the Cost of Work and the Contractor's Fee and (2) the Guaranteed Maximum Price. All savings shall be to the benefit of the Owner. 4 5.2.2.1 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established the CM/GC for the G/CM's exclusive use to cover additional development of Plans and Specifications and unforeseen costs which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. The CM/GC's Contingency is assigned for use by the CM/GC to pay for project issues that are with in control such as subcontractor coordination insufficient coordination of the design drawings unforeseeable general conditions expenses, buy-out error, and scope gaps It may also be used for some issues beyond the CM/GC's control such as lost time, increases in bid contracts subcontractor failure and expediting costs for critical materials. CM/GC's contingency is not available for Owner directed design or scope changes and unforeseen or differing site conditions. CM/GC Contingency costs will be reviewed monthly by the Owner for conformance with the contract. Damaged, non -conforming or Additions and Deletions Report for AIA Document A133Tm —2009 (formerly A121 TMCMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA© Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA° Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) out -of -sequence work does not constitute a change order, is not an addition to the cost of work and may not be paid for out of CM/GC Contingency. Under no circumstances will any project funds be used for acts of negligence or violations of statutes. PAGE 12 § 6.1.1.1 Costs as defined herein shall be actual costs paid by the Construction Manager, less all discounts, rebates, and salvages that shall be taken by the Construction Manager, subject to Article 6.9 of this Agreement. All payments made by the Owner ursuant to this Article 6 whether those payments are actually made before or after the execution of the Contract are included within the Guaranteed Maximum Price specified in Paragraph 5.2 above, provided, however, that in no event shall the Owner be required to reimburse the Construction Manager for any portion of the Cost of the Work incurred prior to the Commencement Date unless the Construction Manager has received the Owner's written consent prior to incurring such cost. $ 6.1.1.2 Notwithstanding the breakdown or categorization of any costs to be reimbursed in this Article 6 or elsewhere in the Contract Documents there shall be no duplication of payment in the event any particular item for which payment is requested can be characterized as falling into more than one of the Types of compensable or reimbursable categories. § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site wer4s h9pp -. ocations. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior- appr-oval. (if it is intended that the wages or- salaries of eet4ain personnel stationed at the Censtfaaion Manager's pr-ineipal or other 6ffiees shall be ineluded in the Go of the Work, identib, in Seetion 11. 5, the personnel to be inelude dd, whetite-r for all of only paA of theif time, and the rates at whieh their- time will be ehafged to the Wofk.) assigned to the Project and/or who perform tasks specifically related to the Project. Project Manager hourly rate - $69.00 Estimator hourly rate - $70.00 Assistant Project Manager hourly rate - $53.00 Project Coordinator hourly rate $32.00 Project Engineer hourly rate - $58.00 Superintendent hourly rate - $88.00 PAGE 13 § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Reimbursable costs associated with Subcontractor -provided bonds are subject to the limitations set forth in Article 11 of AIA Document A201-2007. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. Insurance coverages provided by Construction Manager and outlined in Section 8 of this Agreement shall be charged at the rate of 838% calculated on the direct cost of work. Builders Risk insurance is not included, however if Owner elects Construction Manager to provide Builders Risk insurance Construction Manager to provide alternate pricing for this cost. PAGE 14 tanda. - written personnel peliey for- r-eloeation and temporary living allowances of the Constfuetien Manager -'s per-sennel required fef the Work. Additions and Deletions Report for AIA DocumentA133TM' —2009 (formerly A121TICMc-2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or etkers.others• provided that any absence of collectible insurance is not due to the Construction Manager's breach of any contract for insurance. PAGE 15 § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. The Construction Manager shall not obtain for its own benefit any discounts rebates or refunds in connection with the Work prior to providing the Owner with at least seven days' prior notice of the same and the opportunity to furnish such funds to obtain such discount, rebate or refund on behalf of the Owner. The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as are consistent witheg nerally accepted accounting principles consistently pplied and as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. § 7.1.1 Based upon Applications for Payment including reasonable supporting documentation submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner as soon as the necessary pprovals can reasonably be attained but not later than Thi( 30 days after the "rah iteeOwner receives the Application for Payment. PAGE 16 § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty eash aeeetints, Subcontractor's Application for Payment cover sheet and any other evidence required or requested by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121TMCMc-2003). Copyright©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) Add the Construction Manager's Fee, less retainage of five percent ( 5_0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that beats the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; Subtract retainage of fivepercent (5_0 o) from that portion of the Work that the Construction Manager self -performs; Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document244_20 �A201-2007 as modified for this Project, and any other amounts proper) by eld by the Owner at the time of each progress payment. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent (5%) retainage shall be withheld on all Subcontractors. PAGE 17 Upon substantial completion of the work the owner shall pay the Construction Manager the unpaid balance of the Contract Sum less one-hundred-fifthpercent (150%) of the cost of completing any unfinished items as agreed to between the Owner and Construction Manager as to extent and time for completion The Owner thereafter shall pay the Construction Manager monthly the amount retained for unfinished items as each item is completed PAGE 18 Workers' Compensation As mandated by state and federal law. Employers' Liability $1,000,000.00 Commercial General Liabilitv $1,000,000.00 Each Occurrence (incl. Premises -Operations. Independent Contractors' Protective, Products -Completed Operations Contractual Liability, Personal Injury and Broad Form Property DamaN(incl. coverage for Explosion Collapse and Underground hazards)) General Aggregate $2,000,000.00 (w/$10,000,000.00 Umbrella) Personal and Advertising Iniury $1,000,000.00 Products -Completed Operations Aggregate $2,000,000.00 Automobile Liability $1,000,000.00 Each Accident (Combined Single Limit) (incl. owned non -owned and hired vehicles) for bodily injury and property damage) $ 81 The Owner shall be an additional insured under Construction Manager's Commercial General Liability policy. & 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Protect the Owner shall purchase and maintain liability and property insurance Such insurance shall be written for not less than the following limits or greater if required by law: Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Property Insurance (Builders, All Risk) Deductible Per Occurrence (Owner Responsibility) Aggregate Deductible (Owner Responsibility) Boiler and Machinery Insurance (If not a blanket policy, list the objects to be insured.) Additions and Deletions Report for AIA Document A13371 — 2009 (formerly A121 TMCMe — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIA° Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 0 911 91201 8, and is not for resale. User Notes: (1328836723) § 9.2 The parties shall endeavor to resolve their disputes by mediation which unless the parties mutually agree otherwise shall be administered by the parties A request for mediation shall be made in writing and delivered to the other party to the Contract The request may be made concurrently with the filing of litigation, but in the event litigation is filed the mediation shall proceed in advance of litigation which shall be stayed pending mediation. Written agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any Claim subject to, but not resolved by mediation pursuant to seetion 15.3 of-AIA Doeument A201 2007, mediation, the method of binding dispute resolution shall be as follows: [ X1 Litigation in a court of competent jurisdieti f} &risdiction Any Mediation or trial arising out of or relating to the Contract shall be commenced and conducted in Ada County, Idaho. PAGE 20 The Work may be suspended by the Owner as provided in Article 14 of AIA Document 201 2007. 201-2007, as modified for this Project. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 2007, as modified for this Project, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. § 11.1 Terms in this Agreement shall have the same meaning as those in 201—o07.A201-2007, as modified for this Project. Section 13.1 of A201400 A201-2007 as modified for this Project, shall apply to both the Preconstruction and Construction Phases. The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007, as modified for this Project, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. $11 51 Owner shall have the right to directly communicate with any person or entity related to the Project about any matter, whether or not such matter is related to the Project -,provided however, binding communications under this Agreement shall only be made through the proper protocols set forth in this Agreement Owner shall not interfere with the Construction Manager's coordination of its Subcontractors and Suppliers Construction Manager shall not prohibit limit or condition any employee or subcontractor of any tier, or any other person from separately communicating with Owner for any matter or purpose whether or not such matter is related to the Project, except where Owner has interfered with Construction Manager's coordination and management of its Subcontractors or Suppliers Additions and Deletions Report for AIA DocumentA133T' —2009 (formerly A121wCMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA° Document, or any portion of it, may result in 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 13:02:31 on 07/13/2018 under Order No.983831 1733which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) $11.5.2 In the event of any controversy, claim or action being filed or instituted between the parties to intemret or enforce the terms of this Agreement or arising from the breach of any provision hereof (whether sounding in tort contract or otherwise) the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees, court costs expert witness fees and other costs and expenses of such action in any ppeal there from. PAGE 21 .1 AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum PfieePrice, as modified for this Project. .2 AIA Document A201-2007, General Conditions of the Contract for Go. etienConstruction, as modified for this Project. .3 AIA Document B201TM 2007Digital Dat., n,.,.+, el Bxhiw:.:f, pletea or- the c tt A133 — 2009 Exhibit A Guaranteed Maximum Price Amendment to be executed at a later date after the project has been bid out. .6 Other documents: Joe Jackson, Vice President Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TmCIVIc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 rep roductlon or distribution of this AIA° Document, or any portion of it, may result In 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 13:02:31 on 07/13/2018 under OrderNo.9838311733 which expires on 09/19/2018. and is not for resale. User Notes: (1328836723) Certification of Document's Authenticity AIA° Document D401 TM —2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:02:31 on 07/13/2018 under Order No. 9838311733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM — 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401T' —2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In 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 13:02:31 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1328836723) Document A201TM – 2007 General Conditions of the Contract for Construction Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following PROJECT: (Name and location or address) Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID THE OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 THE ARCHITECT: (Name, legal status and address) Rice Fergus Miller275 Fifth Street, Ste 100 Bremerton, WA Pivot North Architecture 1101 W Grove Street, Boise, ID TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 2 INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect’s Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 3 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15 Claims (Paragraphs deleted) for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2 (Paragraphs deleted) CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 4 Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor’s Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor’s Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 9.7 Contractor’s Right to Terminate the Contract 14.1, 15.1.6 Contractor’s Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 5 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 6 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8 Notice, Written 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8 Notice of Claims 3.7.4, 10.2.8, 15.1.2 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Order of Precedence 1.7 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner’s Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner’s Liability Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.4, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.3 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Parties Relations 1.1.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 7 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 (Paragraph deleted) Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 8 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 9 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.1.9 PARTIES RELATIONS Owner, Architect and Contractor agree to proceed with the Work on the basis of mutual trust, good faith and fair dealing. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The Contract Documents shall include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 10 required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.4.1 In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract Documents not resolved by Addenda, interpretations shall be based on the following order of precedence: .1 Modifications of the Agreement, with those of later date having precedence over those of earlier date, .2 The Agreement; .3 These Terms and Conditions .4 Addenda, with those of later date having precedence over those of earlier date; .5 The Drawings, with those in larger scale having precedence over those in smaller scale, and with notes and schedules thereon having precedence over the remainder of the drawings; and .6 The Specifications. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval, agreement, or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 11 § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 12 authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. The Contractor shall manage and coordinate all Subcontractors and others engaged in the performance of the Work. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 13 § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 The Contractor shall provide and maintain a construction office at the site. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. . The Contractor further warrants that the Work will comply with applicable laws and industry standards, and shall be performed or installed in accordance with all manufacturers’ requirements, recommendations and guidelines unless otherwise specified in the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, defective design, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES Unless otherwise agreed, the Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction, unless after having notified the Architect or Owner pursuant to Article 3.2, and either the Architect or Owner order or direct the Contractor to complete said Work. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 14 (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor knowingly encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover all direct cost to the Contractor including but not limited to purchasing materials, transportation, expediting, unloading, storing, installation, bonds, taxes, insurance, and any other expenses; .2 Contractor’s General Conditions, fee and general liability insurance contemplated for stated allowance amounts shall be included in the Contract Sum and not in the stated allowance; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. The Superintendent shall continuously supervise and observe all work in progress so as to ensure that the Work is proceeding in accordance with the Contract Documents. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 15 § 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.1.1 The Construction Manager shall assign a professional project scheduler possessing building and site design and construction experience. The Construction Manager may assign an in-house scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all design activities, permits and all other activities required to be completed before construction activities can begin and a preliminary construction schedule. The CPM project schedules shall be developed using Microsoft Project’s latest version, or Primavera SureTrak Project Manager’s latest version. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.11.1 The Construction Manager shall maintain complete and accurate records, including (a) correspondence, (b) meeting notes and minutes, (c) shop drawings and submittals, (d) Construction Documents including change orders, (e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress reports including observations of testing performed, (g) as-built drawings, and (h) all other Project-related documents including but not limited to those utilizing the project management software. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 16 the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. . § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 17 excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the Owner, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event of concurrent negligence of Contractor, its agents, employees or subcontractors, and that of the Owner or its contractors, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair addition to, subtraction from, improvement to or maintenance of the property, or the improvements to be constructed in accordance with this Contract, Contractor’s obligation to indemnify Owner as set forth in this paragraph shall be limited to the extent of Contractor’s negligence and that of its agents, employees, invitees, licensees or subcontractors, including Contractor’s proportional share based upon each parties negligence of costs, attorney’s fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 18 ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 19 completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. In the case of a Change in Work which results from a response, the Owner may issue a Construction Change Directive. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 20 Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. The Contractor shall update this list throughout the Project and keep Owner and Architect advised of any new Subcontractors employed. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 21 portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. The Owner must comply with the safety and insurance requirements of Contractor as a precedent to exercising such right. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 22 § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, as required by the Contract, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Owner and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 23 .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. The Owner shall pay such amounts as certified by the Architect. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 24 § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers which Contractor has a Subcontract or Purchase Order, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work, and conditional and unconditional lien releases shall be furnished with each Application for Payment. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 25 § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated and/or substantial failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 26 Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within thirty (30) days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Architect to prepare a comprehensive punchlist of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 27 Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 28 shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 29 § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 30 § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR’S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 31 risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 32 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 11.3.7 PARAGRAPH DELETED § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner and made payable to the Owner, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 PARAGRAPH DELETED § 11.3.10 PARAGRAPH DELETED § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor shall furnish to Owner bonds covering faithful performance of the Contract and payment of obligations arising thereunder pursuant to Idaho Code Section 54-1926 and shall pay Contractor all such costs for such bonds. Contractor shall have the right to require Subcontractors to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Subcontractor bond costs shall be reimbursable provided that Contractor obtains prior written consent from the Owner for each Subcontractor bond and the total cost of Subcontractor bonds do not exceed twenty-five (25%) of the Cost of the Work. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect’s written request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.1.1 In accordance with the project Architect, the Construction Manager shall develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial startup and testing. Preparation and delivery to the Owner of warranties, as built drawings, maintenance manuals, and the like, Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 33 and generally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty obligations, resolution of all claims, and other post-construction requirements. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the State of Idaho. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 34 § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Deleted § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable laws of the State of Idaho, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 35 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, and costs incurred by reason of such termination.. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 36 § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance was suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 37 § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. (Paragraphs deleted) § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 38 § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4 and 9.10.5 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) Additions and Deletions Report for AIA® Document A201TM – 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:10:45 on 07/13/2018. Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 1 PAGE 1 Meridian Fire Station #6 Overland Road and Locust Grove Meridian, ID … (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 … Rice Fergus Miller275 Fifth Street, Ste 100 Bremerton, WA Pivot North Architecture 1101 W Grove Street, Boise, ID PAGE 2 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 13.1 … 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 PAGE 3 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.415 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost … 15.3.1, 15.4.115.3.1 … 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.315.2.8 … 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.213.4.2 Consolidation or Joinder Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 2 15.4.4 Judgment on Final Award 15.4.2 PAGE 5 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.415.2.8 … 12.2.5, 13.7, 15.4.1.113.7 PAGE 6 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.115.3 … 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.115.2.8 … 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.115.2.8 … 3.7.4, 10.2.8, 15.1.2, 15.415.1.2 … Order of Precedence 1.7 … Parties Relations 1.1.9 PAGE 7 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.415.2.8 … 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.414 … Rules and Notices for Arbitration 15.4.1 … 13.7, 15.4.1.113.7 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 3 PAGE 8 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.415.1.2 … 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.213.4.2 … 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.114 PAGE 9 § 1.1.9 PARTIES RELATIONS Owner, Architect and Contractor agree to proceed with the Work on the basis of mutual trust, good faith and fair dealing. § 1.2.1 The intent of the Contract Documents is to Contract Documents shall include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. PAGE 10 § 1.4.1 In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract Documents not resolved by Addenda, interpretations shall be based on the following order of precedence: .1 Modifications of the Agreement, with those of later date having precedence over those of earlier date, .2 The Agreement; .3 These Terms and Conditions .4 Addenda, with those of later date having precedence over those of earlier date; .5 The Drawings, with those in larger scale having precedence over those in smaller scale, and with notes and schedules thereon having precedence over the remainder of the drawings; and .6 The Specifications. … § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval approval, agreement, or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. PAGE 11 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 4 payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. PAGE 12 § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. … § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. The Contractor shall manage and coordinate all Subcontractors and others engaged in the performance of the Work. PAGE 13 § 3.3.4 The Contractor shall provide and maintain a construction office at the site. … The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. . The Contractor further warrants that the Work will comply with applicable laws and industry standards, and shall be performed or installed in accordance with all manufacturers’ requirements, recommendations and guidelines unless otherwise specified in the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, defective design, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. … The Unless otherwise agreed, the Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. … Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 5 § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.correction, unless after having notified the Architect or Owner pursuant to Article 3.2, and either the Architect or Owner order or direct the Contractor to complete said Work. PAGE 14 § 3.7.5 If, in the course of the Work, the Contractor knowingly encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. … .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts;all direct cost to the Contractor including but not limited to purchasing materials, transportation, expediting, unloading, storing, installation, bonds, taxes, insurance, and any other expenses; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses General Conditions, fee and general liability insurance contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and not in the stated allowance; and … § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. The Superintendent shall continuously supervise and observe all work in progress so as to ensure that the Work is proceeding in accordance with the Contract Documents. PAGE 15 § 3.10.1.1 The Construction Manager shall assign a professional project scheduler possessing building and site design and construction experience. The Construction Manager may assign an in-house scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all design activities, permits and all other activities required to be completed before construction activities can begin and a preliminary construction schedule. The CPM project schedules shall be developed using Microsoft Project’s latest version, or Primavera SureTrak Project Manager’s latest version. … § 3.11.1 The Construction Manager shall maintain complete and accurate records, including (a) correspondence, (b) meeting notes and minutes, (c) shop drawings and submittals, (d) Construction Documents including change orders, (e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress reports including observations of testing performed, (g) as-built drawings, and (h) all other Project-related documents including but not limited to those utilizing the project management software. … § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 6 submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. PAGE 16 . PAGE 17 § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify indemnify, defend and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event of concurrent negligence of Contractor, its agents, employees or subcontractors, and that of the Owner or its contractors, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair addition to, subtraction from, improvement to or maintenance of the property, or the improvements to be constructed in accordance with this Contract, Contractor’s obligation to indemnify Owner as set forth in this paragraph shall be limited to the extent of Contractor’s negligence and that of its agents, employees, invitees, licensees or subcontractors, including Contractor’s proportional share based upon each parties negligence of costs, attorney’s fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage. PAGE 18 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. … § 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. PAGE 19 § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. In the case of a Change in Work which results from a response, the Owner may issue a Construction Change Directive. … § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 7 for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. The Contractor shall update this list throughout the Project and keep Owner and Architect advised of any new Subcontractors employed. PAGE 20 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. rights. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. … § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. The Owner must comply with the safety and insurance requirements of Contractor as a precedent to exercising such right. PAGE 22 § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect Owner alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, as required by the Contract, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. … § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: … § 7.3.1 A Construction Change Directive is a written order prepared by the Architect Owner and signed by the Owner and Architect, Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. PAGE 23 § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 8 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. The Owner shall pay such amounts as certified by the Architect. PAGE 24 § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, suppliers which Contractor has a Subcontract or Purchase Order, and shall reflect retainage if provided for in the Contract Documents. … § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.Work, and conditional and unconditional lien releases shall be furnished with each Application for Payment. PAGE 25 .7 repeated and/or substantial failure to carry out the Work in accordance with the Contract Documents. PAGE 26 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven thirty (30) days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. … § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to notify the Architect to prepare a comprehensive list punchlist of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. PAGE 32 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 9 § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.PARAGRAPH DELETED § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, and made payable to the Owner, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. PARAGRAPH DELETED § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. PARAGRAPH DELETED … § 11.4.1 The Contractor shall furnish to Owner bonds covering faithful performance of the Contract and payment of obligations arising thereunder pursuant to Idaho Code Section 54-1926 and shall pay Contractor all such costs for such bonds. Contractor shall have the right to require the Contractor Subcontractors to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.thereunder. Subcontractor bond costs shall be reimbursable provided that Contractor obtains prior written consent from the Owner for each Subcontractor bond and the total cost of Subcontractor bonds do not exceed twenty-five (25%) of the Cost of the Work. … § 12.1.1 If a portion of the Work is covered contrary to the Architect’s written request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. … Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 10 § 12.2.1.1 In accordance with the project Architect, the Construction Manager shall develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial startup and testing. Preparation and delivery to the Owner of warranties, as built drawings, maintenance manuals, and the like, and generally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty obligations, resolution of all claims, and other post-construction requirements. § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. PAGE 33 The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.State of Idaho. PAGE 34 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.Deleted … The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, laws of the State of Idaho, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. PAGE 35 .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract Documents; or … § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, and costs incurred by reason of such termination, and damages. termination.. Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 11 … .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; … .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or PAGE 36 .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or … § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.termination. PAGE 37 § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. PAGE 38 § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 9.10.4 and 9.10.5 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. … § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 12 Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 12:10:45 on 07/13/2018 under Order No.9838311733 which expires on 09/19/2018, and is not for resale. User Notes: (1380729961) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:10:45 on 07/13/2018 under Order No. 9838311733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2007, General Conditions of the Contract for Construction , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 10A Project/File Number: Item Title: Public Safety Quarterly Level of Service Report Meetina Notes City Council Meeting Meeting Date: July 24, 2018 Agenda Item Number: 11 Project/File Number: Item Title: Future Meeting Topics Meetina Notes