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2018-09-04 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, S eptember 4, 2018 at 6:00 P M 6:17PM 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam (left at 8:35pm)X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by T roy D r ake of C alvar y C hapel M er idian 4. Adoption of Agenda Adopted as noted 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved as noted A. Approve M inutes of August 21, 2018 C ity C ouncil J oint M eeting with M er idian D evelopment C orpor ation B. Approve M inutes of August 21, 2018 C ity C ouncil Regular M eeting C. Approve M inutes of August 28, 2018 C ity C ouncil P re-Council S pecial M eeting D. C aven Ridge E states E ast No. 2 P edestrian P athway E asement E. O aks West Subdivision P hase 1 P edestr ian P athway E asement F. O aks West Subdivision P hase 2 P edestr ian P athway E asement G. F indings of F act, C onclusion of L aw for B ountiful C ommons S ubdivision (H-2018-0067) by T M E G P roperties, LLC, L ocated at 5960 N. L inder Rd. H. F indings of F act, C onclusion of L aw for C herry B lossom S ubdivision (H-2018-0018) by D oug J ayo, J ayo L and D evelopment Compan y, L ocated at 165 W. C herry L n. I. F indings of F act, C onclusion of L aw for F airbourne Subdivision (H-2018-0052) by F airbourne D evelopment, LLC , L ocated at the Nor thwest C orner of W. C hinden B lvd. and N. B lack C at Rd. J. F indings of F act, C onclusion of L aw for D enial for Tanner C reek S ubdivision (H-2018-0023) by S chultz D evelopment, L ocated at 505, 521, 615 and 675 W. Waltman L n. Vacated from agenda K. F inal Order for B ountiful Commons S ubdivision (H-2018-0084) by T M E G P roperties, LLC, L ocated at 5960 N. L inder Rd. L. E xchange Agreement, E asement, and D eed for proper ty exchange at well lot 28 M. Approval of Awar d of Bid to RM T E quipment for “P arks Turf S pr ayer ” equipment for a Not-To-E xceed amount of $65,253.00. N. F ifth Amendment to P rofessional S ervices Agreement with T r auma Inter vention Progr ams, Inc. (T I P ) for an amount not to exceed $12,769 O. Approval of AI A B 133 Agreement to C S HQ A, Inc. for the “Design, Construction D r awings and S ervices D uring C onstruction – S cenario Village” pr oject for a Not-To-E xceed amount of $69,993.00. P. City F inancial Report for J uly 2018 Q. AP I nvoices for P ayment 9/5/18 - $922,266.06 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. Citizens for T ranspor tation Bring resolution back B. Valley Ride B us S er vice Update 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. Resolution No. 18-2100: A Resolution Appointing Dom G elsomino To S eat 1 O f T he M er idian P ar ks And Recreation Commission. Approved B. F inal P lat C ontinued from J uly 24, 2018 for Hill's C entury F ar ms No. 11 (H-2018-0068) by B righton Investmen ts, LLC, L ocated E ast of S. E agle Rd. and S outh of E . Amity Rd. Approved C. P ublic Hearing for Gurney O ffice Condos (H-2018-0080) by Horrocks Engineers , L ocated at 1803 and 1831 S. Topaz Way Approved 1. R equest: S hort P lat to convert existing 11,160 s quare-foot multi- tenant commercial building in to 3 tenant spaces D. Republic S ervices F Y 19 S W Rate Adjustment Report Public hearing scheduled for September 25, 2018 E. Inter agency M emorandum of Under standing B etween B oise and M er idian: C ommunity D evelopment Block G rant Progr am Assistance Approved 10. D epar tment Reports A. Citywide Annual F ee Update Public hearing scheduled for September 25, 2018 B. Comprehensive P lan C hange Applications P rocessing During D evelopment of New C ompr ehensive P lan C. Council: Update on P r oposed Non D iscr imination Ordinance Public hearing scheduled for September 25, 2018 D. Council: C ompensation S chedule for Elected O fficials 11. O rdinances [Action I tems] A. O rdinance No. 18-1745A: An Ordinance O f T he City Of M er idian, Idaho Amending O r dinance No. 17-1745, T he Appropriation O rdinance F or T he F iscal Year B eginning O ctober 1, 2017 And E nding S eptember 30, 2018. Appr opriating M onies T hat Are To B e Allocated B y T he City Of M er idian, Idaho In T he Sum O f $(10,112,632); And P r oviding An E ffective D ate. Approved B. O rdinance No. 18-1790: An O rdinance, P ursuant To Idaho C ode §50-1002 And §50-1003, P r oviding F or A T itle And F indings, P roviding F or T he Adoption O f A B udget And T he Appropr iation O f $130,464,302 To D efray T he Necessary E xpenses And L iabilities O f T he C ity O f M eridian, In Accordance With T he O bject And Purposes And In T he C ertain Amounts Her ein S pecified F or T he F iscal Year B eginning O ctober 1, 2018 And E nding O n S eptember 30, 2019; To L evy All S uch Appropr iate Taxes And L evies As Author ized B y L aw Upon Taxable Proper ty; And To C ollect All Authorized Revenue; To P rovide F or T he Waiving O f T he 2nd And 3rd Readings Pursuant To Idaho C ode §50-902; And P roviding F or An E ffective D ate And T he F iling Of A C er tified C opy O f T his O rdinance With T he S ecretar y O f S tate. Approved 12. F uture M eeting Topics 13. Amended onto agenda: Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in a n elective office or deliberations about staffing needs in general and 74 -206(1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent Into Executive Session at 8:56pm Out of Executive Session at 9:28pm Adjourned at 9:28pm 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 September 4, 2018. A Meeting of the Meridian City Council was called to order at 6:17 p.m., Tuesday, September 4, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also present: C. Jay Coles, Bill Nary, Caleb Hood, Clint Dolsby, Mark Ford, Kevin Fedrizzi, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts _ X _ _Joe Borton X__ Ty Palmer _ X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I thank you all for waiting. Sorry we are getting a late start. We appreciate you joining us. For the record it is Tuesday, September 4th. It's 17 minutes after 6:00. Mr. Clerk, will you start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake of Calvary Chapel Meridian De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Tor y Drake with Calvary Chapel here in Meridian. Thank you for joining us. We always enjoy seeing you. Drake: It's good to see you, too, Mayor, Council Members. Would you join me in prayer. Well, God, first I just wanted to acknowledge your sovereignty and that you're good and you're just and we just appreciate that we live in this free country and this city that you have given us and just appreciate that we can worship you or not or pursue our dreams. God, we just appreciate what we have. Just want to acknowledge that gratitude first and -- and, secondly, Lord, I just pray for the safety of our city tonight and every night. God, those people that provide the -- that security. The police and fire and -- the firefighters and the paramedics, those who watch out for us, God, I pray that you just give them the ability to keep us safe, Lord, and that you provide those -- for those Meridian City Council September 4, 2018 Page 2 of 55 who -- who need, Lord, especially, God, our concern is for those who are hungry or homeless. We pray, God, that they could find their way into a helping hand. And, lastly, Lord, I just pray for our time here in this session and that you would bless everything that happens. I know that you care about big things and small things and so we just pray for these -- these people, these men and women who are our elected representatives and -- and ask, God, that you give them a lot of wisdom in the decisions they have to meet -- meet -- or make today and every day and we just appreciate them, God. Ask for a special dose of grace for them for the sacrifice that they give to serve their community and so just pray for all these things and it's in your son's name Jesus, amen. God bless you guys. Item 4: Adoption of Agenda De Weerd: Thank you. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have on the Consent Agenda Item 6-J, which is going to be removed. It will come back probably next week. And, then, we are going to add Item 13, which is an Executive Session, just carrying additional discussion from earlier this morning and that would be under Subsection 74-206(1)(a) and (1)(b). See how the night goes if we have time to continue discussion. So, with those amendments I would move that we adopt the agenda. Milam: Second. De Weerd: I have a motion and second to adapt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5, Mr. Clerk. Coles: Thank you, Madam Mayor. We do have a couple of signups this evening. First is Rick Burke would like to address Mayor and Council about the Comprehensive Plan. De Weerd: Good evening, Rick. If you will, please, state your name and address for the record. Burke: My name is Rick Burke. 6092 North Santa Rita Avenue here in Meridian. 83646. Just a couple of things I wanted to -- to address with you folks today is regarding the Comprehensive Plan and revisions to it. Additions. I would like to see if -- Meridian City Council September 4, 2018 Page 3 of 55 if we can somehow suspend any -- any other changes to the Comprehensive Plan as it is now and hold off until the new Comprehensive Plan is -- is complete. A lot of time and effort has gone into the Comprehensive Plans over the years and -- and moving forward and we shouldn't -- I -- you know, for lack of a better term, shouldn't willy nilly make changes to the plan to accommodate the contractors or builders who just want to drop a structure in the middle of a residential area. Any discussion about the Comprehensive Plan by the Council or anybody else should be done in a public forum, give the public a very good chance to make comments, voicing any concerns. It's just what I would like the Council to take a good hard look at and -- and help the citizens of Meridian be involved and help the -- the Mayor and the Council to make wise decisions. I ask that it pay a little more attention to the public, take a little more time to address these issues and not be so quick to pull the trigger on new projects. Thank you, Mayor. De Weerd: Thank you for your comments. Coles: Second signup this evening was Sally Reynolds. Very similar topic, talking about the comp plan. De Weerd: Good evening, Sally. If you will, please, state your name and address for the record. Reynolds: Good evening, Madam Mayor and Members of City Council. My name is Sally Reynolds and I reside at 1166 West Bacall Street in Meridian, Idaho. So, I'm here tonight representing the Southern Rim Coalition and several residents in north Meridian to request that the city consider suspending any substantial changes to the Meridian Comprehensive Plan until the new Comprehensive Plan takes effect. As this Council has heard time and time again, Meridian residents depend on the comp plan for information when they buy a home or start a business. They want to be able to trust it. In January the coalition launched a change.org petition entitled limit residential density in Meridian, Idaho and called for the City Council to suspend all residential zoning step- ups until the new Comprehensive Plan is completed. The coalition submitted 1,109 signatures, which included residents from all over Meridian. These signatures were gathered by word of mouth in a brief two to three week window. We did not walk door to door or undertake an active effort to gather signatures. Those 100 -- those 1,100 plus residents represent a very passionate response, especially when you consider that the current comp plan survey has just over 1,000 responses as well. The context of the petition was to ask our city leaders to tap the brakes on uncontrolled growth without a cohesive inclusive vision. The city has made a significant investment to hire a consultant and launch an enormous effort to create a new Comprehensive Plan. We believe that this investment of public dollars and of staff and community -- community participant hours and effort should be protected and respected to the highest degree. Substantial changes at this time to the city's Comprehensive Plan would, one, diminish the public trust in the Comprehensive Plan process. Two, effectively discourage public support and input, which would, three, erode participation in the new Comprehensive Plan and thereby diminish its eventual quality. Four, question the purpose and viability of the revised Comprehensive Plan, including the current steering committee's work. Meridian City Council September 4, 2018 Page 4 of 55 And, five, creating the impression that the city's new Comprehensive Plan is merely insincere and a PR exercise. Clearly we believe approving any substantial changes to the city's zoning designations are inappropriate at this time. Should the staff or an applicant recommend an amendment to the comp plan for compelling reasons, such as public safety or welfare or improved amenities, we would support the Council's discretion for such approvals. In closing Meridian's residents have every right to ask the city to honor the Comprehensive Plan process for a fresh, long range vision for Meridian. The Meridian Southern Rim Coalition and its city-wide supporters enthusiastically encourages residents to participate in this planning process. In the interim we respectfully ask the City of Meridian closely adhere to the guidelines and intent of its existing plan. Thank you. De Weerd: Thank you, Sally. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know we typically aren't supposed to provide comment after these. It's just an opportunity for us to take information in, but -- you can do whatever you want, Sally. It belongs to you. You 're a citizen. I guess I just would ask to encourage your coalition members to participate in that survey. You , obviously, have 1,100 people that feel strongly about our community and we would love to see that translate into participation throughout this process. Reynolds: We agree and we have -- we have representatives in Spurwing and Bainbridge and Paramount and, then, the Southern Rim as well and we have kind of banded together to try and get on any -- NextDoor is the best way to get the word out, but -- and I see, you know, the post from the city as well. But the stuff gets buried so fast on there and so we try to put that on there again and we try and get flyers out to our neighbors, because, you know, people have a lot going on, but we do try and make it visible and we are encouraging them that this new plan will affect, you know, what -- what pops up around them and so we want them to pay attention. So, we are happy to do that and if there is -- you know, if there is ways that you all would -- suggestions that you have for us to contact our neighbors we are happy to -- to help in any way we can. De Weerd: That's awesome. Thank you so much. Coles: No other signups, Madam Mayor. Item 6: Consent Agenda [Action Item] Approved as noted A. Approve Minutes of August 21, 2018 City Council Joint Meeting with Meridian Development Corporation Meridian City Council September 4, 2018 Page 5 of 55 B. Approve Minutes of August 21, 2018 City Council Regular Meeting C. Approve Minutes of August 28, 2018 City Council Pre-Council Special Meeting D. Caven Ridge Estates East No. 2 Pedestrian Pathway Easement E. Oaks West Subdivision Phase 1 Pedestrian Pathway Easement F. Oaks West Subdivision Phase 2 Pedestrian Pathway Easement G. Findings of Fact, Conclusion of Law for Bountiful Commons Subdivision (H-2018-0067) by TMEG Properties, LLC, Located at 5960 N. Linder Rd. H. Findings of Fact, Conclusion of Law for Cherry Blossom Subdivision (H-2018-0018) by Doug Jayo, Jayo Land Development Company, Located at 165 W. Cherry Ln. I. Findings of Fact, Conclusion of Law for Fairbourne Subdivision H-2018-0052) by Fairbourne Development, LLC , Located at the Northwest Corner of W. Chinden Blvd. and N. Black Cat Rd. K. Final Order for Bountiful Commons Subdivision (H-2018-0084) by TMEG Properties, LLC, Located at 5960 N. Linder Rd. L. Exchange Agreement, Easement, and Deed for property exchange at well lot 28 M. Approval of Award of Bid to RMT Equipment for “Parks Turf Sprayer ” equipment for a Not-To -Exceed amount of $65,253.00. N. Fifth Amendment to Professional Services Agreement with Trauma Intervention Programs, Inc. (TIP ) for an amount not to Exceed 12,769 O. Approval of AIA B133 Agreement to CSHQA, Inc. for the “Design, Construction Drawings and Services During Construction – Scenario Village” project for a Not-To -Exceed amount of 69,993.00. Meridian City Council September 4, 2018 Page 6 of 55 P. City Financial Report for July 2018 Q. AP Invoices for Payment 9/5/18 - $922,266.06 De Weerd: Okay. Thank you. Okay. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Item 6-J, which was removed earlier is -- is gone. So, with that removal I would move that we approve the Consent Agenda as amended and for the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Mr. Clerk, we will you, please, call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Citizens for Transportation De Weerd: So, we will go to Item 8-A, which is a presentation from a familiar face, Mr. Charlie Rountree, for Citizens For Transportation. Welcome. Rountree: Madam Mayor, thank you. Council Women, Councilmen, I can't tell you what a pleasure it is to be on this side of the dias. De Weerd: If you start with your name and address that would be awesome. Rountree: That's before anything I have to say. Charlie Rountree. 2696 North Greenbelt Place, Meridian, Idaho. 83646. De Weerd: Thank you. Meridian City Council September 4, 2018 Page 7 of 55 Rountree: Folks, I'm here tonight to give you some information about a ballot measure that will be on the ballot this November. The ballot measure is to increase the local portion of the registration fee for vehicles. I represent the co-chair of a committee of citizens for better transportation and I can tell you I did not raise my hand to do this work, but I'm enthusiastic and passionate about the work. I was in the midst of finishing up review of the first 750 comments to the Comprehensive Plan and with very few exceptions transportation and infrastructure were comments -- and comments not necessarily particularly complimentary to what's going on in Ada County. The registration fee increase is a -- is a tool allowed by the legislature to the locals who have a countywide highway district. Therefore, at this point Ada County Highway District is the only district in the state and the only body that can do this, other than recreation areas. It requires a 50 percent vote of the votes cast and the measure would generate approximately 7.5 million dollars. The money would be used for congestion relief and for community projects. And by congestion relief I'm talking about things such as -- such as hardware for intersections. We are all getting accustomed to the yellow flashing lights in the -- in the left-hand turn lanes. Those kinds of things more and more. We are seeing new pedestrian crossings with bouncing balls instead of red light, green light, yellow light. We are seeing some turn lanes. We are seeing intersection improvements. Those kinds of things would be funded with this particular program. As far as community projects go, we are looking at safe routes to school, sidewalks, bike lanes and being able, then, to -- in addition to those two areas, be able to match impact fees. Impact fees have to be matched by dollars by the highway district for new infrastructure. Impact fees cannot be used to replace current infrastructure, but only to improve what's there. The committee was formed through the state statute. We are functioning and out soliciting support and donations for our cause to get a positive vote on this particular initiative and I'm here this evening asking for your support and to answer any questions you may have about what's being done or what's -- what we are trying to accomplish. You have before you a resolution. I think the resolution is pretty thorough in explaining what's going to go on for the -- for the audience. You folks already have the information. But the fee increase is -- on average vehicle registration at the local level is -- the local level portion is about 28 dollars. The increase to that would be 18 dollars or about a nickel a day. Now, that's just the local portion. There is the state portion and some other things that go on your registration fee, but the breakdown is on -- a newer car today it's 40 dollars at the local level that would be raised by 30 dollars to 70 dollars and a newer car is two years or newer car three to six years old would be raised from 30 dollars to 70 dollars and a newer car is two years or newer. A car three to six years old would be raised from 36 dollars to 63 dollars and a seven plus year old vehicle would be raised from 24 dollars to 42 dollars. But the average is 28 dollars or about an 80 dollar increase. All of the money generated will be used for capital projects. So, it will all go into these projects. In the last seven years Meridian has had 21 projects in the program that's currently funded with registration fee increases and has received a little over 3.6 million dollars in projects. So, there is a fairly significant benefit for the city and you could just go outside across Meridian Road and you can see a lot of this -- the work that was done with the community projects with sidewalks added to some of our neighborhoods that have access to Meridian Primary Meridian City Council September 4, 2018 Page 8 of 55 and other facilities in the area. So, those are the kinds of things that the city could benefit with these particular increases. I don't really have any additional information to bore you with, but I have a lot of information if you have questions and I would welcome any questions. De Weerd: Thank you, Charlie. Rountree: And if -- and if there are not I would currently appreciate a positive endorsement of the resolution you have. A similar resolution has been passed by Eagle. I believe Kuna is taking up the same resolution tonight. Boise I understand will be talking about it in workshop next week. And Star has been asked. COMPASS has approved the resolution. And there are a number of folks that have provided support and lent their support by name, as well as donations. You can get a hold of us at www.citizens4bettertransportation.com and our web page has a lot of information -- a lot of useful information. It has frequently asked questions and answers. Answers. And some rather general statistics. De Weerd: Thank you. Rountree: Thank you. No questions? Bernt: Madam Mayor? De Weerd: Yes, Mr. Bernt. Bernt: Good to see you, Mr. Rountree. Rountree: Good to see you, too, Treg. Bernt: Just one quick question. I remember -- and refresh my memory -- when was the last time they raised the -- Rountree: It was on the 2007 ballot and it -- it passed resoundingly. It passed with just short of 70 percent of the vote. De Weerd: Okay. Cavener: Madam Mayor. De Weerd: Mr. Cavener. Cavener: Again, great to see you, Mr. Rountree. Do I understand correctly that certain vehicles of certain weight, though, are omitted from having to pay the fee? Can you talk a little bit about that? Meridian City Council September 4, 2018 Page 9 of 55 Rountree: Sure. Madam Mayor, Commission Cavener, motorcycles and vehicles for hire will have to pay a rate increase. Vehicles 8,000 pounds and heavier, in terms of commercial vehicles, do not pay the local fee -- or will not be subject to this local fee increase and that's per state statute. It was disallowed in the statute to establish this mechanism for the counties to raise those rates. So, that would have to be done by the legislature. Cavener: Okay. Rountree: And we as a committee and ACHD as an entity are working with legislators to try to get that modified and get those vehicles who are using our roads in the county to pay their fair share. All the other vehicles on the road would be subject to this. De Weerd: Okay. Any other questions? Council, Councilman -- Former Councilman Rountree -- Rountree: Former. De Weerd: I have to put former in front of there. He is asking for some action in looking at perhaps putting this resolution on next week's agenda for action. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I -- I trust the citizens and their ability to research and make decisions for themselves on what will be on their ballots. I feel awkward and -- that it would be inappropriate for us as a body to tell the citizens how they are going to vote on their ballot, just as this body doesn't endorse candidates on ballots, I don't think that we should be endorsing other items that are on the ballot. I think we should just let the citizens have their voice and make their choice and that be the decision. I -- I personally -- I intend to vote on it. I believe in user fees and I think that it would be appropriate for Councilmen as individual citizens to make those statements if they so choose, but I think as an official action of this board to endorse something that's on the ballot wouldn't be appropriate. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Appreciate that perspective. I think there is circumstances like this when it's commonly done -- in this valley in particular where our partner agencies can provide some valuable input, because we do have so much overlap and the tasks of one impacts that of another. I'm supportive of the resolution. I think it's appropriate for us to send that message. I'm trying to not only give the voters an opportunity to provide much needed funding, but it's also in a -- in an area that we don't directly control. ACHD does Meridian City Council September 4, 2018 Page 10 of 55 control that. But, nonetheless, we work hand-in-hand with that agency and -- and I think this is a -- a sound opportunity to show our support, along with some of the other sister cities in ACHD meeting its goals in transportation needs that as Charlie rightfully cited, our community has benefited from and -- and should this pass our community and citizens will benefit from. So, while we don't get involved in lots of things, we have on occasion provided some of that unified direction and support and I think this one is -- is well worth it, so -- De Weerd: Okay. Well, I would look for direction to bring this back. Borton: Madam Mayor? Cavener: Madam Mayor? Borton: Oh, go ahead. Cavener: Just some -- some added comments for what it's worth and -- it was a struggle, because I hold Mr. Rountree in the highest of regards and I think I have learned a lot being on the City Council by serving with him. I think this is something that Luke Cavener, citizen Luke Cavener and City Council Member would say, yep, I support this and I would encourage my friends and family to do it, too. When we take an action like this it opens up our body to a larger philosophical conversation. There is two other statewide ballot measures that will be before the voters in November. We as a body plan to weigh in on those as well. One of which impacts the public health of our citizens. Also a very significant issue. Is that -- is that the precedent that we are going to set? While I very -- feel very favorably towards this and actually all of the other ballot measures that will be before the voters, I struggle with saying as a body that we need to -- to weigh in on this. Just my -- my two cents. I appreciate what's trying to be accomplished and I think it's incumbent upon all of us as elected officials to weigh in in the public square if we support or we oppose ballot measures, just like many of us get in the public square if we support or oppose public officials. I just worry about the precedent that we set if we take an action as a body saying we endorse particular ballot measures or choosing not to endorse particular ballot measures. I think it also says a lot to the public. Just not something that I'm completely comfortable with. De Weerd: I would just I guess put my two cents in in terms of this has been a number one issue that has risen to the top in our surveys and our letters to the Mayor's office and -- and numerous ways and -- and certainly when we ask them to weigh in on transportation projects and -- and looking for funding tools to -- to do that, our citizens have -- have voiced their concerns. This is a tool that we are asking them to weigh in on and I do think it's appropriate for the city to -- it would be just like putting this on the ballot for our citizens to vote on as well. This is a solution. It is a user fee, as Mr. Palmer mentioned, and it is -- it is a fair method. Now, it's up to the citizens to weigh in and say is it important enough for them to pay for it. Palmer: Madam Mayor? Meridian City Council September 4, 2018 Page 11 of 55 De Weerd: Is there another Council Member -- Mrs. Little Roberts. And, then, I will come back. Little Roberts: Madam Mayor, thank you. Madam Mayor, Charlie, thank you so much for all your work on this. You said it so well, Mayor, that our citizens come to us asking about our roads and opportunities to fix the roads and I think this is a good opportunity not only for us to show our support in a way that we can address the road issue, but maybe some opportunity for your office, Mayor, to do some education as to why the Council can't do roads most of the time when people are asking us to -- to utilize this opportunity to not only support a way of getting some road repair and fixtures done, as well as some education as to how ACHD and the city all do interact together. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Good to see you, Charlie. Thank you. Not to be redundant, I -- you know, I am -- I am supportive of this. I think that it's the only -- it's not telling people how to vote necessarily, but it's saying this is -- we support this, because this is asked of us on a regular basis from -- from the citizens and since we don't really have any other ways and means to change transportation, I think us taking a stand and saying, hey, this is something we support. If you want to improve the roads here is a way to do it and so -- De Weerd: Okay. Rountree: Madam Mayor, if I might interject here. I -- I have heard some things and I don't disagree with what I heard. What -- what I do want to thank you is I think individually you support it and I understand the philosophical differences and concerns. My position -- or I wouldn't be here -- is I don't think this is the city telling people how to vote, I think this is the citizens telling the city -- the city is aware of what you are telling us and one of the ways out of this is to increase funding for transportation. Folks, we are 335 million dollars short annually to do the unfunded projects in the two county area of Ada and Canyon county. That's staggering. I have no way to tell you how that's going to be accomplished. But programs like this will make a dent in those things that can make some significant improvements for not a lot of money. The signalization work, the hardware that was installed between Locust Grove and Highway 16 on Chinden Boulevard improved the efficiency of the intersections 20 percent. You may not notice that driving through there, but that's pretty significant. Paid for by this program. That's helping your citizens, our citizens -- my friends and neighbors who were telling me do something about this, because you used to do this kind of stuff and I said I -- all I can do is say, okay, I will -- I will do this and see what happens. But you're hearing it in your -- in your surveys. Ada County Highway District is hearing it in their surveys. You are hearing it in the comments on your Comprehensive Plan -- significantly hearing it. And, again, this -- this is telling the public you endorse this as a method to help solve some of these issues. If you don't like it, you don't have to vote for Meridian City Council September 4, 2018 Page 12 of 55 it, but as a city -- as your elected officials, as we look at the problem, here is -- here is one of the few tools that the local -- the locals have available to them to raise funds. There is very few methods, other than property tax, to raise revenue for transportation and that's not a very efficient tool. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I agree with Charlie. I do believe -- if I'm -- I can remember correctly, that we -- there -- there are few instances in the past where this body has made endorsements and made recommendations and because of its infrequency to offer these endorsements, I think it shows to the people how important they are, you know, when we get involved as a body and so I agree that we are not -- but by an endorsement we are not saying -- you know, telling people how to vote, but we are saying, hey, you know, take a look at this. Take a look at this very seriously, because it is a major problem that we are facing and in 7.7 some million dollars is a drop in the bucket compared to like how much money is truly needed to fix what we have on the roads. So, I'm in favor. Thanks, Charlie. De Weerd: Mr. Palmer. Palmer: Madam Mayor. I appreciate that yourself and Councilman Rountree have brought up that our citizens have been asking us, even though there is very little we can do as a city, to -- to do what we can to help solve the transportation issues. I'm intrigued that that 7.5 million is a significant enough -- because I believe it -- I believe that it is a significant enough number to make a noticeable difference in our transportation issues and because that I believe that a few million dollars can make a big difference, there has been multiple times that I have brought up maybe considering using some of our unanticipated excess revenues from growth towards partnering with ACHD, whether it's purchasing right of way or -- or working with them on -- on our priority projects to help move them up the timeline to ensure that they get completed. You know, however, I'm usually shut down and told, oh, that two million dollars isn't going to make a big enough difference or we are not interested in taking the time to discuss that. So, I'm really excited that seven and a half million dollars is a big enough issue for us to -- to go out of our way to have this conversation on this resolution and would hope that sometime in the very near future we can have a discussion about the city using some of our unanticipated excess revenues from growth to partner with ACHD to see what we can do about helping the situation further. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would be glad to take you up on that discussion with our CFO and the allocation of -- of those types of revenues and -- and our current consolidated financial Meridian City Council September 4, 2018 Page 13 of 55 plan and -- and how they may or may not be allocated and designated already, along with our capital improvement plan. I think an in-depth review what is and is not available is a worthy discussion. Would be glad to go through it and see what, if anything might be available. For the purposes of today I would move that we bring back a resolution in support as presented by Mr. Rountree for next week for a vote. Understand positions of Council, but I think it should come back tomorrow for our vote and I will certainly support it. Cavener: Second. Milam: Second. De Weerd: Okay. I have a number -- do you want to second, too? Palmer: No. Cavener: Just thought I would give you that opportunity. So, the motion is to bring this back next week for the resolution and a vote by Council. All those in favor say aye. Any opposed? Palmer: Aye. De Weerd: Okay. MOTION CARRIED: FIVE AYES. ONE NAY. Palmer: Madam Mayor, I do have a question. Is there a way to either include on the resolution the vote results from the vote on the resolution or to remove my name from the resolution? De Weerd: The clerk does put the votes on -- on the -- don't you? Coles: It will be in the minutes. De Weerd: It will be in the minutes. Coles: Madam Mayor, it will be in -- correct. It will be in the minutes. Palmer: But not on the resolution itself. De Weerd: The resolution is signed by me. Palmer: Madam Mayor -- correct. But my name is at the top of it and it says that the Mayor and City Council of the City of Meridian endorses and recommends. I just don't want to be guilty in association. Meridian City Council September 4, 2018 Page 14 of 55 De Weerd: You are part of this group. Palmer: I understand that. De Weerd: Sorry. Kind of part of your oath to office. You are one of six. Palmer: Madam Mayor, while that may be true and I -- but I don't feel like whatever results from this board I'm obligated to you as a person. I feel like Council may have approved it, but it does have my name on the top of it and I won't be approving it. So, if -- if this goes out to anybody they are going to read this and see the board, the City Council, the names all at the top and, then, at the bottom the Mayor and City Council endorse -- De Weerd: When we bring this back next week we will tackle that one. Palmer: Fantastic. Thank you. De Weerd: Okay. Thank you, Charlie. Rountree: Thank you, Madam Mayor, Council. Thank you for your time. Wish you all well. B. ValleyRide Bus Service Update De Weerd: Okay. Item 8-B is under ValleyRide and I see that we have -- I was going to turn it over to Kelly, but there you go. Hunt: Madam Mayor, Members of the Council, thank you for the opportunity to be here. My name is Stephen Hunt and I'm principal planner of Valley Regional Transit and wanted to talk to you about a couple of things tonight. I'm not here to ask for any money tonight. We are just talking about changes to services that will be coming up we expect in the first part of 2019. It says fall of 2018, but we will be making these changes we anticipate in January of 2019. Want to make sure you are aware of that, as well as -- as well as talk about changes that could come in 2020 and begin the conversation about how we can be better integrated with the -- with the City of Meridian Comprehensive Plan. There has been a lot of discussion tonight about how -- how we can accommodate the growth that's coming to Meridian and looking at both roadway and transit ways of addressing that -- that demand. So, to start off I wanted to talk a little bit about what services are currently available in Meridian and the performance of those. So, there are three -- three routes, plus Harvest Transit that serves Meridian. There is also -- there is also the -- the trips to the hospital that are not included on this, but there is Route 40, which is a fixed route between Nampa and Meridian and gets off at Ten Mile, serves the Ten Mile park and ride, comes in at Meridian. The highest ridership stop on that route is actually just on the opposite side of Roaring Springs, Black Marlin and Overland. There are a lot of people who use that location as a park and ride and continue on into downtown. That's the highest ridership route in Meridian carrying about Meridian City Council September 4, 2018 Page 15 of 55 1,200 to 1,500 people a month -- a month. And in May -- we offered free rides in May and you can see the ridership responded to that. We had our highest -- our highest ridership over the last four months in May. Routes 41 and 42 provide more local connections. They serve the business park just to the south side of -- excuse me -- the north side of the freeway between Meridian and Locust Grove and that carries about 300 to 400 boardings in Meridian each month. Harvest Transit also is between 800 and 900 boardings -- boardings a month and as you know that serves seniors and people with disabilities. So, I wanted to put those -- that performance in context of the contributions that Meridian provides. So, last year, based on the local service contributions, Meridian paid about 172,000 dollars to VRT for that -- for those services and we estimate that that is about 300 active riders or people who use the bus more than -- once a month or more often, getting on or off in the City of Meridian, which comes to be about 570 dollars per person per year and that supported about almost 20,000 -- 19,000 trips to come to a total of about just under nine dollars a trip. Each of those riders providing an estimated fare of about 55 cents per -- per trip. And when we compare that to other types of transportation, depending on how far you are going -- if you're looking at doing that in your own private automobile -- this is just the operating expenses. This isn't the capital costs of driving. It's about $3.30. If you just keep going across towns this would be from the north side of town out to the south side of town, about six miles, or -- it would be about a six dollar trip if you're going maybe from here into Boise. So, it's not actually that -- more expensive on -- on transit than in our own private automobiles. If you look at taking Lyft or -- Lyft or a taxi it's -- it's significantly more expensive using those options. So, just wanted to show that we do feel that even at the levels of service that -- that Meridian is funding right now, it is providing a benefit to the community and in a -- in a cost-effective way. De Weerd: Do you have a breakdown of the cost by route? Hunt: We could get that. De Weerd: Okay. Hunt: In fact, that's one of the things that we will be looking at doing more in this coming year is really looking at how we are allocating funds across the region and being able to break down those costs by route and by jurisdiction, so that each jurisdiction can understand better the -- the services that they are supporting. Let me make a quick note. So, this is a map of those two, three services in Meridian. Again, I mentioned Route 40, which gets off at Ten Mile and, then, get back on the freeway -- this is actually outdated. This is showing getting on at Eagle and gets back on at Meridian Road and, then, Route 41 you can see how it moves through the business park there between Meridian and -- and Eagle. So, the purpose of the restructure that we are -- that we would like to take out to the public is to improve the on-time performance of the intercounty routes. That's one of the most common complaints that we get from our riders is that the service isn't running on time and so we are looking for ways that we can streamline the service, as well as get more resources to add to the time. In other words, the way we run on time is make sure that the bus has enough time to get from Meridian City Council September 4, 2018 Page 16 of 55 the start to the end and right now there isn't enough time in the schedule to do that. So, we need to add time to the schedule, which -- which means we need to look for more resources to -- to keep that bus running on time and the way we are going to -- the way we are proposing to do that is in downtown Boise on the 40, turning what is two way service into one way -- a one way loop. So, we come in on Idaho, go out to Broadway, come back to BSU, and, then, head back out. Today we do half of that hook and, then, turn around and come back and that adds extra time into the schedule and so we are proposing to continue to serve all the places we do downtown right now, but do so in a one way fashion, which allows us to save some time and we are able to take that time and put it back in the schedule. On the -- on the 41 and 42 what we are proposing to do is combine those into a single route. The 41 goes all the way downtown. The 42 only goes as far as the mall. Otherwise, they are the same. And what we would be doing is we would be ending all routes at the mall, rather than taking 41 all the way to downtown. We would also be streamlining the 41 and 42 through Meridian. This actually shortens the 42 by about five miles round trip, which allows us, again, to -- to stay more on time. It's less turning. It's a much more streamlined service. It does come with a reduction in service. So, that's what the red box is. That area would no longer be served by -- by fixed route transit and those dots are the areas where we do have riders that we would expect it -- would either have to move to the north side -- sorry -- the south side of the freeway or use other connecting services to -- to use fixed route transit in Meridian, but it also provides an opportunity to pick up some new areas. The apartments that are going on -- that have been constructed and our expanding there at Ten Mile and Franklin would be served by -- by fixed route transit. It will also go by the -- the Ten Mile crossroads, which is I know not fully developed, but is under development, as well as the new development that's going in on Overland between Ten Mile and -- and Linder. It would go by the high ridership stop at Black Marlin and Overland, as well as continue to serve the other highest ridership stop in Meridian, which is there at Silverstone on Overland and -- and Eagle. So, we do know that this will have an impact on riders. That's one of the reasons we wanted to make sure to get it in front of you, so that you would know that there may be some people who -- who will feel this in a negative way, but we believe that by shifting the route to be, again, straighter, faster and go by areas such as the apartments that are there on Overland between Locust Grove and -- and Eagle we will be able to actually pick up more riders than we do today on -- on services in Meridian and so that's what we are hoping to accomplish. So -- De Weerd: Before you move on to that, you know, if we are looking at apartments, we also have a number going in down Franklin. You also serve the corporate park that you were at one point going through as well. Now have a medical university -- or a medical college with students there that might be using it as well. Have -- and maybe even the employers in that area. Have you talked to anyone about this change? Hunt: So, what we are -- where we are in the process -- this is what I was going to mention -- I will mention it again at the end -- is we would like to release this for final -- this final proposal to the public by the 12th of September and solicit feedback from the public on -- on these concepts. So, we will have another opportunity to -- to hear what people have to say about these particular changes. We didn't want to get ahead of -- of Meridian City Council September 4, 2018 Page 17 of 55 you all in terms of what we are proposing to the public about services that are in your community and as it relates to those specific concerns we would still be serving Overland and -- going by Overland and Locust Grove where we would expect to have a stop where they could make a relatively short walk across the freeway over that improved bridge there to the -- to the medical center there and -- but, basically, Madam Mayor, what it comes down to is we do believe that we will be able to get higher ridership out of being on the south side of the freeway serving Overland more directly than the way we are turning through the corporate park today. Plus I would say we can't expect to serve all of the -- all of Meridian's needs with a single route and that's what we get at when we look towards the future in terms of where we are with 2020 and Valley Connect, is we -- we anticipate increasing the amount of service to Meridian serving both the north and the south side of -- of the freeway, but doing so with -- with more than one route and that's -- that's, basically, where we are at right now. We believe that we can serve the people that we can serve more efficiently if we pick a side and, then, grow from there. Shall I proceed? De Weerd: Yes. Hunt: So -- which leads us to the next part of the conversation, which is what's coming up in 2020 and the relationship to Valley Connect 2.0. So, I mentioned that we will be looking at all of our allocations from local jurisdictions and -- and reviewing how we -- how we charge those costs to each local jurisdiction and we also at the same time will be -- will be reviewing our fare structure looking to increase the -- our -- internally -- or our directly generated revenues in 2020 -- well, this year for the 2020 budget. We also would like to continue to work with -- with Meridian staff and the other jurisdictions that we serve to draft additional service enhancements, where we might be able to serve more parts of each community and have that conversation in enough time that it can be considered for our 2020 budget. So, the foundation of those -- those concepts would be Valley Connect 2.0, which includes two different scenarios as an intermediate and the growth scenario and the growth scenario is actually what would bring us up to speed with where we should be by 2025, according to the -- the regional transportation and land use plan COMPASS has. So, there is -- the previous conversation was all about how we accommodate growth and development and -- and the reality is we are not behind -- only in -- in the highway side, we are also behind in -- in the amount of transit service that we are providing to our communities and so what Valley Connect 2.0 -- what the growth scenario would do would be bring us up to speed with where we have been planning as a region to be for transit, but haven't been able to make progress on. We would have 15 minutes service all day on -- on several of the major connections through Meridian on -- on Fairview, Overland Pine, and Emerald. It would be improving local connections on both sides -- both to the south and to the north, connecting with Eagle, connecting better with CW I in Nampa on -- on local connections on Franklin. The intermediate scenario is -- is a step halfway there, so it's one of the -- kind of growth concepts that we want -- if we can't take the whole growth network at first how would we break that up into a smaller bite-sized piece and that's what the intermediate scenario is intended to do. It gives us a look at where -- where we would grow next and so that does bring Saturday service out to Meridian. It would also connect service -- extend Meridian City Council September 4, 2018 Page 18 of 55 service on Fairview and Overland and make improved connections between -- along the interstate and out Chinden Road in between Meridian and Nampa and Boise. When we -- when we prepared the Valley Connect 2.0 we -- we had over 1,200 comments from the public and 11 percent of those were from the city -- were from residents with Meridian zip codes, 90 plus comments, but what was interesting is the more than 450 comments referenced Meridian as a destination, a place that people were wanting to get to. So, many more people were trying to get to Meridian who filled out the survey -- in other words, people from -- from Boise, people from Nampa, people from other places who identified Meridian as a destination than even Meridian residents who commented on the plan. So, it just highlights the fact that when we talk about transportation and transit, it's more -- it's more than just the communities we serve, but how people in our communities get to other places and -- I mean I feel like I'm going over a lot of the things that were talked about earlier, that transportation is a major concern for the residents of Meridian and when -- when -- when we -- when we call out transit specifically for the second year in a row BSU did a survey with -- a public survey for the residents of the Treasure Valley and in Ada county 76 percent of the people responded that -- that we need more transit services -- that the Treasure Valley could use more transit service options and, then, the 2017 Meridian survey satisfaction with public transit was significantly below, not just the national peers, but -- peers, but also the -- our regional or mountain west peers and that a majority of residents would likely support increased funding for public transportation. So, we know that that's what we are hearing from the public and what Valley Connect does is it shows us how we start to grow out of that and I mentioned, again, the -- the two different scenarios. This is just another way of looking at kind of how we work -- how we are today compared to what the gross networks would do. The intermediate scenario -- we have over a thousand active riders in Meridian. We anticipate that the cost -- the contribution per trip would drop almost -- not quite in half, but significantly down from the $8.90 that we do today, because we will be providing more frequent service, it would be more productive service, and we also anticipate that we would be raising the amount of directly generated revenue. So, our -- our cost per -- our fare per rider goes up as well. You will notice that goes up from 55 cents to $1.20. In the growth network we have over 1,200 active Meridian riders. So, people in the City of Meridian who are using transit more than once a month -- and you can see there, again, the contri -- the contribution per trip is -- is now less than half of what it is today and so these are ways that we -- that -- that we hope you see us as an extension of your staff to help your community meet the -- the development and growth pressures that -- that are here with travel -- transit as an option. So, this just goes over those -- those two scenarios. Again, I'm just going to look through that and show graphically -- this is what the existing service looks like. This is what the intermediate scenario would look like. You can see you have got services there on -- on Cherry Lane and Linder, as well as connections from Kuna to Eagle and, then, in the growth network it becomes a lot more concentrated. You have got services all the way across Cherry Lane, Franklin, north-south connections on Locust Grove, out to the Y -- the south Y in Meridian. Frequent services up and down Pine. One of the locations that really becomes a center for Meridian transit would be around The Village. It's a destination that -- that people talk about today as wanting to get to and the sum of all of this service is really about trying to get more people to more Meridian City Council September 4, 2018 Page 19 of 55 places IN less time and so one way we can illustrate that is by looking at these kinds of maps that show how far can you get on transit in 15, 30, 45 and 60 minutes and if you were at The Village right now and you ask that question, this would be your answer. You can -- you can get as far as you can walk in that amount of time; right? Because there is no transit service out there. But with the growth network The Village really becomes the central place to -- to the valley. You can get to it from both the east and the west. Yo u have -- sorry. Real quick. Over 125,000 people that are within -- within 45 minutes of The Village on trans -- with the growth network it's over 82,000 jobs. It really changes what people look at when they see what is transit doing for this location. It really makes it much more accessible and that's what we are trying to do, not just for The Village, this was just picking out one location. But what we are trying to do is connect more people to the opportunities that exist throughout the -- throughout the valley. So, the last thing that I wanted to talk about before I do a recap is it's not just about funding those services, but what else can we do. We want to work with your staff to incorporate the -- the capital needs for transit within the Comprehensive Plan and begin looking -- thinking about where would we site those. So, why would we -- what would a Meridian transit center look like of B? When we look at the Valley Connect plan The Village pops out as a location where we would likely need facilities to -- to be able to have buses turn around, maybe have a bathroom for -- for the bus drivers and it could be -- it could offer other opportunities if there are -- are city needs there or you could do a joint development opportunity, but lots of things that we can do with -- it doesn't just have to be a place to park the bus, it can be a real amenity for -- for the community, but we need to think about now how would we make that work with -- with the development that's around that. We also want to work with your -- your staff on incorporating transit corners when -- we talked about priority on signals earlier in the previous conversation and transit can benefit from those same types of things. So, we want to work with your staff to incorporate that vision of -- of priority along a corridor to make transit be a real part of the transportation network and, then, how do we make space for -- for -- for not just a sign and a bench, but also the other passenger information that -- that would make it easier for people to take transit within the Meridian -- the community of Meridian, looking at park and rides, all of -- incorporating all of those things within the comp plan. So, just to recap. Mentioned that we will -- we anticipate going out to the public with these service changes by September 12th and we want to get feedback from the public about how those changes could impact them. We will have a public hearing where they would have an opportunity to share their concerns with the VRT board at the end of September and we would anticipate that the board would make their final recommendations on the service changes in October. We will begin a fare review -- a review of our fare structure this fall going into next year and we will continue improving on performance reporting like we will share with you today on -- on the value that we get -- that the residents of Meridian get through the contributions that this Council makes to public transit and we would like to ask that we work with -- continue to work with Meridian staff and committees to prepare some scenarios for 2020 about how we might be able to grow transit, even going into the 2020 budget discussion, as well as identifying capital needs and opportunities if they are -- there -- we have had some discussion about doing a joint -- about the opportunities of co- locating transit facilities and -- and police facilities, potentially, if that's an opportunity, Meridian City Council September 4, 2018 Page 20 of 55 but just ways that we can think about how can we bring more value to the communities that we are -- that we are serving and with that I would take any questions. But thank you for your time. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mr. Hunt? Right? Hunt: Yes . Palmer: Can you go back to your -- I think it was like the second slide. The one that showed how much money we throw at you and how many people ride it and everything. Hunt: This one? Palmer: Yes . So, I don't pay that much attention to the buses as they are driving through town, so help -- how many -- how many buses go through on a day? So, we get -- it was 1,670 rides was on the routes for that -- for May that went through Meridian; right? Is that what this means? Hunt: So, on Route 40 in May there were 1,500 boardings in Meridian. Correct. And, then, on 41 and 42 there were 370. So, you would be 1,900. Palmer: Okay. So, does that just go one -- how does that work? How do the routes work? Hunt: So, if I -- I should have this more memorized than I do, but there are, I believe, six or seven trips on the 40 in the morning. So, round trip there is -- there is 12 to 18 trips on the 40. Don't quote me on these things. We can get them for you, but -- and, then, there is about the same on the 41 and 42 throughout the whole day. Palmer: So, about 24 times a bus stops in Meridian and they -- at least 24. Hunt: I would want to confirm that, but, yeah, that's probably a rough ballpark. Palmer: Madam Mayor. Sorry. I was asking -- Hunt: And that would be trips through. There are multiple stops in Meridian, right, so that -- if you want to talk about every time a bus stops in Meridian you would have those times the number of stops in Meridian. Meridian City Council September 4, 2018 Page 21 of 55 Palmer: Madam Mayor, if I may. How many -- how many -- are -- is all the -- are the buses all the same size? How many seats are on a bus? Hunt: They are not all the same size. We have -- and the length of the bus matters. The type of the bus matters. But they range from -- I believe about 30 seats to about 45 seats. Palmer: Madam Mayor. So, we are looking at -- well, more about the seats, but at least 24 trips through Meridian. That includes stops in Meridian. And -- and we are looking at -- at the peak when it was free, 62 people a day, so that -- while, you know, we look at -- okay. It's a couple bucks cheaper than Lyft or Uber, but a couple bucks more than if you took your own car. My concern is -- is the cost of sending these buses through town and paying for them to stop and there is nobody getting on them and we can say there is 1,900 in a month, but that's 62 people a day, despite the fact that there are hundreds, if not thousands of seats, you know, driving through and stopping in Meridian and you're planning on asking here in a couple years for three million dollars more than we are paying now, hoping just throwing more buses and throwing more seats and throwing more money at it will increase the percentage of butts in seats enough to -- to lower the per trip cost. I just can't wrap my head around how this makes any sense to do if -- if -- if you are tweaking routes constantly just to try to find an extra three people to get on the bus -- public transit is not a successful thing in this valley and I don't know that throwing tens times more money at it is going to make it successful. Hunt: Madam Mayor, Council Member Palmer, the -- questions that we get in terms of why don't we have service that runs to the airport, why don't you have service on the weekend, why don't we have service that runs later at night, why do we have service that runs more often. All of those have the same answer and that is because we don't have enough money to operate the bus that often. The fact that transit in the Treasure Valley -- it performs at the levels that it does is more -- more related to the amount that we invest in it than the people's attitudes or willingness to take transit. If you look at comparable cities -- so, if we look at say Reno, not Meridian, but kind of to the broader area, they -- they outperform us in terms of ridership. They outperform us in terms of productivity and the biggest reason for that is because they have service that's much more attractive to them. When we add seats, we are not adding seats to the -- to a service because we need more seats to -- to accommodate the people, we are adding those trips so they can travel more often. It's the same thing that -- that question -- that map of freedom that I was showing you earlier is directly related to how often those buses come, because if you have to wait for 30 minutes for your bus, then, you have spent half of your time -- half of your 30 minute commute is just -- just waiting for the bus and the attractiveness of transit is directly related to how -- how easy it is and how frequently that bus -- how easy it is to get on the bus and how frequently that bus takes you to the locations that you want to get to. So, I just would disagree that transit can't work in the Treasure Valley. It is certainly can. There -- the -- the fact that it operates at the levels that it does today is the reason that we have the poor performance that we do, in addition to the fact that without thinking about what transit can do for the valley there -- there isn't a way that we can build the roads that we need to -- to accommodate Meridian City Council September 4, 2018 Page 22 of 55 the -- the development that -- that we are permitting when we look at -- since 2013 the percent of multi-family units that have been permitted in Meridian is about -- is more than 30 percent of all the units are multi-family units and accommodating that kind of growth and increase in the density that -- that is asked for across the valley requires us to think differently about how we move people and transit -- transit will work and -- and we don't need to -- we don't need to hope on that, it works because you can connect more people to more places and that's something we can show right now. I don't -- you don't need a magic ball to -- to ask if that could be true, you can say how many people, how many jobs, how long does it take to get there and all of those things can be -- can be shown. Palmer: Madam Mayor? And it wasn't too many years ago when a previous council -- and, please, correct me if any of my numbers and facts that I'm about to throw out are inaccurate -- but I believe that we spent 65,000 dollars. So, you mentioned Saturday -- why don't we have a Saturday service. Well, it's because there is not enough money to -- to try it. Well, this Council tried it. We had a route that went through what was anticipated to be the most popular spots for stops. I believe The Village was one of them. Roaring Springs. Other popular locations. That failed experiment ended up costing one hundred dollars per ride. Hunt: Right. That's right. I mean there are examples of -- of poorly executed projects and poorly conceived projects. What -- what we would ask -- what we are asking -- what VRT is beginning to ask the -- the region to consider are how do we look at moving more people to more places in -- in less space and at lower cost than -- than we do today. We spend one and a half billion dollars every year on getting ourselves around using our personal automobiles. We spend 15 million dollars a year on transit operations, roughly. So, what you -- what we are asking people to do when we say why don't you give transit a try, we are asking people to step out of a world of one and a half billion dollars worth of freedom into a world of 15 million dollars of freedom. So, the question as to why people don't ride transit is pretty clear, because there isn't enough transit for people to use and the example of the fun bus that was -- that was done here in Meridian, the -- the challenges with that is that it was a Saturday only service. So, it was service that you had to -- you had to remember, okay, Saturday, I have the opportunity to do this. No other day of the week do I have the opportunity to do this. It comes once an hour and it goes within a circle within Meridian, which isn't the way most people travel and it's not the way most people think about how they are going to make their trips. What you want to be able to do is have a reliable trip that runs frequently, that runs consistently throughout the week and makes connections, not just within a jurisdiction, but across the jurisdictions. The Village is right on the very edge of -- of Meridian and Boise. You have a lot of people from Boise that are trying to get to The Village and a lot of people from Meridian that are trying to get to The Village and it doesn't make any sense for us to divide our operations between jurisdictions and so what -- what the purpose of Valley Connect is really focused on is how do we connect more people to more destinations and we can measure that and I am sorry about the -- the bad taste that the fun bus left in -- in this Council's mouth, but that certainly is not what transit can do and it -- and I guess I would just ask if you're not going to consider Meridian City Council September 4, 2018 Page 23 of 55 the role that transit can play in terms of moving more people and -- and accommodating the growth -- the future growth, what other options do you have available to you? De Weerd: Council, I would ask if there is other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thank you, Stephen, for this well done report and I know there are a lot of other communities, you know, similar size with much more robust transportation -- public transportation options that are much more heavily used than ours. I honestly -- I think growth scenario is the only thing that's going to I think really fill the buses up and get -- and improve the ridership to the amount that we would like to see it at. Unfortunately, we need to work with our state legislators on some other funding options, because we don't have enough in our -- we don't want to increase our property taxes to cover it. However, I -- you know, I am supportive of -- supportive of you working with our staff to at least have these discussions about what it looks like, you know, coming up for 2020, but everybody out there hit up your legislators, we need some funding -- funding options for transportation and, unfortunately, we just don't have them. Hunt: Thank you. De Weerd: Mr. Cavener. Cavener: Madam Mayor, thanks. Just a comment. I can appreciate the challenges that this Council faces when it comes to the question of public transit, specifically how to fund it. I think that for me the question is not if, but when. I believe that we need public transit, not just for riders of need, but to build a robust system for riders of choice. I would love to be one of them, but it takes me 90 minutes to ride the bus from my home to the office, not very appropriate for me to get to and from -- from work and I know that there are many people who have -- not just in Meridian, but across the valley that find themselves in a similar situation. You can continue to swing back and forth, should we, should we not, do we want to put our pinky toe in, okay, now maybe -- maybe a knuckle. I mean we have got to just decide if we want to get behind public transit or not. I think we should. I also believe that this -- the interim model should be part of our budgetary conversations as we develop the 2020 -- 2019 budget -- I guess fiscal year 2020 budget and it should not be after we have put together a budget considering what we can fund for public transit. We are a municipality of over 100,000. When you reach that hundred thousand threshold you have got to start making tough decisions about the community and I think public transit is one of them. We don't have a lot of resources like other states have to rely on state funding, public option -- local option, excuse me, to fund this, so it's incumbent upon us. The city to the east has decided to fund public transit a significant amount and we have benefited from that. I think that it's just high time that Meridian starts paying our fair share. Meridian City Council September 4, 2018 Page 24 of 55 De Weerd: Any other comments? Okay. Hunt: Thank you very much. De Weerd: Thank you. Palmer: Madam Mayor, one more question, just -- what -- have you tried -- what happens if you increase the -- what do we call it -- the price to ride on the bus to what it costs to run and expand it? Hunt: That's a great question and one that we will be looking at doing in terms of our fare analysis. It is one that you would want to be careful about how you -- how you implement it. You will hear a lot of folks that talk about how the -- the farer recovery, which is -- so that's how much people pay to ride the bus compared to how much it costs to operate the bus. There isn't a -- there isn't a transit agency in the country that - - that covers a hundred percent of their costs via their fares, but what you can talk about doing is making sure that everybody that rides pays for the -- the portion of the trip that they consumed. So, it's -- it's certainly possible for us to -- so, you pay for your seat, right, you're not -- because the challenge is if you have something that -- that only has ten people on it, the cost for those ten people goes up a whole lot more than if you have 45 people on it, right? And -- and what you can set your fares to and one thing that we will be looking at doing is making sure that everybody that does ride pays for what they consume, which is their -- their portion of the service that -- the seat that they are riding and the space on the vehicle that they are riding and that's -- that's a fair way to look at fares and making sure that -- that the riders are paying their share. Palmer: Thanks. De Weerd: Where is the incentive when you get a flat amount from the city, regardless of ridership, you know, that's the concern and from the riders I have talked to there is no incentive, because it takes just as long to get to their destination, if not longer, because they drive their own cars door to door. If they take transit they first have to go to a park and ride and, then, they have to go to the route, sit in the same traffic that their cars is going to sit in and, then, get off at a bus stop and they will have to get from there to their work. The incentive is lost and -- from both the rider and to fill the bus. The city will pay X amount, regardless of how full that bus is, and it just -- when there is more on how can you get the incentive of the riders having some form of getting there faster than anyone else. It's not going to work. Hunt: So, there are a couple of incentives that you talked about. How do you get -- I think the question is how do you get people to ride transit and, then, the other point that you were making is how do we make sure that there is incentive on VRT's part to ensure that we recover a reasonable amount in directly generated revenues, as opposed to just relying on the largesse of the cities that we serve. Something to that effect. Meridian City Council September 4, 2018 Page 25 of 55 De Weerd: Yeah . Because where is the value -- we are going to have to add a new service that competes with the dollars that we fund police and fire and parks and -- and every other service we are currently doing today. Now, we have to come up with three million more. I don't know where that's going to come from, but it just needs to add value to our community. Hunt: Sure. De Weerd: Right now we don't even do roads to justify that this would be under our wheelhouse. So, I guess, you know, sitting in a county -- in a city and a county that doesn't provide transportation, this is a big change. Hunt: If -- Milam: Madam Mayor? Oh, sorry. Hunt: Madam Mayor, if I may. The -- one of the things that I really have enjoyed, actually, about my last year plus being here has been the opportunity to share with all of the communities the -- the importance of transit and what -- what is it going to take to get there and one thing that I think is really important for us to realize is that you are right, you are not going to fund this out of kind of the couch cushion money, you're not going to just accidentally find the amount of money that is necessary to fund transportation and that's been kind of fun I think for me to highlight, because transit -- but -- but it's not because transit is inefficient or is wildly out of proportion with the value that it brings, there is a couple of points to bring on that. In Ada and Canyon county we spend about 39 million dollars a year on student transportation alone. So, for the nine months of the year that school is in session all the public and charter schools, we spend about 39 million dollars to move just that section of population to and from school every day. We spend again 15 million dollars on the public transportation system, which is intended to serve everybody, not just students, for all different types of trips, not just to get to school. So, it's -- and, then, when we consider how much people spend on their own personal transportation, that -- that was that one and a half billion dollars a year that we spend on getting ourselves around. The place that that three million dollars comes from isn't from what you're going to spend on police and fire, but it's a way to offset what the public is already spending on their own private transportation. So, the incentive, believe it or not, for an individual to take transit are economic ones when transit is convenient enough for them to take and when transit is convenient enough to take is largely driven off of how often that bus runs, which is exactly related to your operating budget. So, until we can have a transit system that runs frequently and is -- is extent -- broad enough to get to the places that people are traveling to, there is no amount of incentive that you can provide an individual to take an extra two hours out of their day to do something, just because we say it's the good thing to do. That's not what we are talking about doing. What we are talking about doing is becoming a much more important part of the transportation system. So, becoming relevant to everybody's travel -- which means it's -- it's super hard to be relevant to -- so, if we can frame it this way: The entire travel budget is one and a half billion dollars a year, right? That's what we Meridian City Council September 4, 2018 Page 26 of 55 are spending on getting ourselves around and for transit to become relevant we got to grow from 15 million to something a bit more, not because we want to spend money, but because it takes money to provide that kind of transportation and -- and access. So, once that is there -- and we have examples whether you talk about Spokane or Reno or Tucson or Salt Lake or -- I mean there are many examples where transit is becoming a much larger part of the travel transportation network and it's -- I appreciate the comment earlier that this will take some discussion as a region to figure out how we fund this. It's not going to come from us just begging from different city jurisdictions to find it in your general fund to make it happen. De Weerd: And that won't work. Yeah. And I think Mrs. Milam had a good point there. Mrs. Milam. Milam: Madam Mayor. I just -- you were asking about benefits and I guess one way to look at it is some benefits are not having to drive and get road rage and you can do your work and text, which you're not allowed to do when you're driving. So, there are some benefits to riding in public transportation and they are not asking for three million dollars right now from us, they are just asking us to increase our budget a few hundred thousand dollars and at least work with staff to see where -- what we can do and where we can create new routes and efficiencies. The three million dollars, obviously, isn't going to come from the city, it's going to have to come from multiple areas, which could be some -- you know, some private partnerships with maybe businesses and people who want to help get their employees to work and maybe some schools. So, I mean that's a much larger picture that -- something that they are going to need to work on that -- that funding aspect of it, but right now we are looking at the small picture. I just like to jump to the big picture, because I really think that that's when it becomes truly successful as the options. De Weerd: Well, thank you for joining us tonight. Hunt: Thank you again. Hood: Madam Mayor? De Weerd: No answers today. Yes, Caleb. Hood: Well, you just said that, so I have got to rethink what I was going to say. No. Unless I hear otherwise from you -- I mean I didn't hear any direction, but staff will continue to work with VRT staff and evaluate if an enhancement for FY-2020 makes sense and at least start that dialogue -- well, further that dialogue after tonight and really vet that through the transportation commission. That's how I envisioned this happening for both the Comprehensive Plan and any future enhancements. So, are we okay with at least that level of effort at this point, talking with VRT , with the transportation commission and potentially bringing something forward in the coming year? De Weerd: Yes . Meridian City Council September 4, 2018 Page 27 of 55 Hood: Okay. Thank you. Item 9: Action Items A. Resolution No. 18-2100: A Resolution Appointing Dom Gelsomino To Seat 1 Of The Meridian Parks And Recreation Commission. De Weerd: Okay. Okay. 9-A is under Action Items. Council, in front of you is Resolution 18-2100. This resolution is filling seat one that has been vacated by Hannah Sturtevent and with Dom -- and we just made sure that this seat stayed with someone who has a really difficult last name, so -- Gelsomino. Gelsomino. Council, I sat with the chair of the Parks and Recreation Commission. We interviewed eight people and Dom's name was the one that I am bringing to you this evening to bring a unique voice to our Parks and Recreation Commission and a voice that is closest to the -- the person and the voice that she brought to the Commission. So, I would stand for any questions. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I just wanted to thank you for, you know, putting -- I mean it took some time, but it seems that almost everything there might be one left out there. Almost everyone who is -- who ran for Council has found a place else to serve in the city and so I just wanted to thank you for finding places for them to be able to still take their enthusiasm and their desire to serve the city and finding things for him to do. De Weerd: Thank you. And I appreciate candidates that want to continue even after finding that the Council seat wasn't their place yet, that they still show an interest in -- in serving. So, that's nice. I will ask you after they vote for you, because I don't want you to back out yet. So, hold on. Any other questions? Cavener: Madam Mayor, if there is no other questions, I'm happy to move that we approve Resolution No. 18-2100 appointing Dom Gelsomino to seat one of the Meridian Parks and Rec Commission. Palmer: Second. Bernt: Second. De Weerd: Okay. I have a motion and a second. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council September 4, 2018 Page 28 of 55 De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Dom, if you would like to say a few words. Please come up to the podium. And you might want to introduce who you brought with you, too. Who had to sit through those wonderful presentations prior to your appointment. Gelsomino: Yes, Madam Mayor, City Council. Thank you so much. My name is Dom Gelsomino. I am a long -- quite a long time resident of Meridian. Not as long as many of you on the Council, but I'm a proud Idahoan of the last ten years. I will not mention where I moved from for -- for fear of being driven out, but, Madam Mayor, City Council, thank you so much for this honor. I do have with me my -- my father, my grandfather, my grandmother. My mother, unfortunately, is not able to join us, neither is my stepmother. Both are working late into the evening this evening. I have one of my mom's friends Bobby and Austin with me here as well. So, I want to take the time to -- to thank you for this incredible honor. I was counseled by a very wise voice after the election result last year that just because you lose an election it doesn't mean you go into the shadows and hide. I made that mistake the first time when I lost my race for the state legislature. I chose not to make that mistake again when I was unsuccessful in my bid for City Council and since then I have been blessed with being able to work with the kids on MYAC -- the students on MYAC . I don't think they are really kids anymore. The students on MYAC. They have been the biggest dream come true since being in -- since being politically -- politically active over the last decade or so of my life. Being there to nurture and -- and really build and feed the flame of passion that these students have to be involved in and become the future leaders that they really are is -- is incredible and to now be more involved hands on with the Parks and Rec Commission is -- is an incredible honor that I -- excuse me -- that I do not take lightly. So, I want to extend my appreciation for your trust and -- and your consideration and as well as your approval tonight. So, Madam Mayor, thank you so much. This is an incredible honor, not only for myself, but for my family being a first generation college graduate in the United States, as well as the first in my family to pursue public office. So, thank you, Madam Mayor. De Weerd: Thank you, Dom. Now, you might have to tell Council what is your favorite park. Gelsomino: This was actually expressed -- I expressed this to you during our interview. It is Storey Bark Park. It is where I take my three year old every day -- my three year old fur child with me every day. I also expressed, because of my, you know, unsurety of who was the chicken and which one was the egg as far as the speedway versus the bark park. My -- my dog suffers from epilepsy and every seizure he's had over the last two years has changed some of the wiring in his -- in his brain and things he used to not be frightened or nervous about do make him nervous and I have noticed that when I do take him to the park -- not just in him, but in other dogs is the loud noises from the speedway, you know, causing a little bit of fright amongst the dogs and not only that, but Meridian City Council September 4, 2018 Page 29 of 55 when the speedway is packed the parking lot for the -- for the dog park is no longer in use, so dog owners can't take the dogs to the park and I understand that's also the case for Storey Park, that the speedway parking is -- is a bit of a congestion. But of all the parks Bark Park is always number one in my heart. De Weerd: And -- and he brought a unique answer to that. So, I -- we were excited that someone chose the Bark Park as that -- that first one and I was glad you asked me that question and not Councilman Bird on what came first, because, of course, the speedway -- speedway has come before all of us. Gelsomino: Madam Mayor, I would also like to add, even though it is not in my jurisdiction as Parks and Rec Commissioner, but I would like to applaud the Art Week this week. I think that is an incredible -- an incredible tool for people to show their uniqueness and show the culture and uniqueness of the City of Meridian. I was thankful and privileged enough today to donate my -- and gift my work that I made over the weekend to the Meridian library where it will be on display, so -- De Weerd: Are you going to donate your owl, too? Gelsomino: No. That owl has been gifted already, so -- De Weerd: Okay. Anything further from Council? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Dom, I'm the parks liaison and so on behalf of the Parks Department and all they do we welcome you and I can't wait to work with you. Gelsomino: Thank you, Councilman Bernt. It's -- it's been a fun year already working with you and it will be fun going forward. Madam Mayor, I also wanted to note one quick aspect was on the letter you sent you mentioned the term of expiration of -- the term would be August 31. However on the resolution it would be October 31st. May I have some clarification on which of the two dates it would be? De Weerd: Yes . It's October. Gelsomino: Thank you, ma'am. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council September 4, 2018 Page 30 of 55 Cavener: I just wanted to make sure that we corrected the record seeings how we have got such a distinguished member in our audience. I think it's supposed to be known as the Rountee Bark Park, if I'm not mistaken. De Weerd: We really tried hard to make it the Rountree Bark Park. Cavener: I just wanted to make sure that that was notated on the record. De Weerd: That thought had crossed my mind, too. Gelsomino: Madam Mayor and City Council, thank you so much. I'm excited to see the impact we can have. De Weerd: Thank you, Dom. And thank your family members for joining you and we appreciate your support of him. Gelsomino: Absolutely. B. Final Plat Continued from July 24, 2018 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: Thank you. Okay. Item 9-B is continued. This is regarding H-2018-0068. Caleb. Hood: Thank you, Madam Mayor, Members of the Council. This is a final plat consisting of 62 building lots for single family residential detached homes and 11 common lots on 19.31 acres of land in an R-8 zoning district. This item would have otherwise been on your Consent Agenda for this evening, but we did not get the applicant's consent to the conditions in the staff report until after the deadline. So, I can go into more details if you would like on this project, but, again, we do have written confirmation that the applicant -- that they are in agreement with the staff report and I would stand for any questions or, again, if you want to hear more information about this project. De Weerd: Thank you, Caleb. Any questions from Council, if not -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With no questions I would move that we approve Item 9-B, H-2018-0068. Cavener: Second. Meridian City Council September 4, 2018 Page 31 of 55 De Weerd: I have a motion and a second to approve Item 9-B. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Gurney Office Condos (H-2018-0080) by Horrocks Engineers , Located at 1803 and 1831 S. Topaz Way 1. Request: Short Plat to convert existing 11,160 square-foot multi-tenant commercial building in to 3 tenant spaces De Weerd: Item 9-C is a public hearing on H-2018-0080. I would open the public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is a short plat for a condominium of airspace in an existing 11,160 square foot building. The proposed condominium short plat will create three separate units out of that existing structure and, then, some common area, so that those spaces can be sold for ownership purposes. Similar to the last project we do have written confirmation from the applicant that they are in agreement with the staff report and the conditions of approval and, again, staff is recommending approval of this project located near the intersection of Overland and Eagle on Topaz Way. With that I would stand for any questions you may have. De Weerd: Council, any questions? Any comments from the applicant? Good evening. If you will, please, state your name and address for the record. Breski: Peggy Breski. Horrocks Engineers. 2775 Navigator Drive. The only comment that we have is that we are in support of the staff report and appreciate the time that the city took to put in. We are here to answer any questions that the Council or Madam Mayor may have. De Weerd: Thank you for joining us. Any -- any questions from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Are you guys in the Paylocity building now? Breski: We are. Meridian City Council September 4, 2018 Page 32 of 55 Palmer: So, that was Navigator Drive. Breski: Uh-huh. Palmer: I think this is the first time we have had an applicant before us that has given us an address off Ten Mile. So, that's exciting, so -- that was all I really -- De Weerd: Very exciting. That was a stumper of a question for sure. Any other questions from Council? Thank you so much. Breski: Thank you. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Council, if there is nothing further I would entertain a motion to close the public hearing. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we closed the public hearing for H-2018-0080. Little Roberts: Second. Cavener: Second. De Weerd: I have a motion and second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve Item 9-C, which is H-2018-0080. Little Roberts: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-C. If there is no discussion, Mr. Clerk. Meridian City Council September 4, 2018 Page 33 of 55 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Republic Services FY19 SW Rate Adjustment Report De Weerd: Item 9-D is a report from the Republic Services and Rodney. Thank you for joining us. Remling: Thank you, Madam -- Madam Mayor and Council. Also joining me tonight is - - I'm sorry. Rodney Remling. Republic Services, controller. And that's it. Tibbetts: John Tibbetts, General Manager, Republic Services. De Weerd: Thank you for joining us. Remling: So, thank you. So, thank you for taking the time to hear from us tonight. We are presenting our annual increase in our rates for -- for trash and recycling services. We presented this to -- excuse me. We presented this to the SWAC committee on -- on August the 22nd. They recommended that -- approval of it and -- with two conditions and those conditions are to modify the rate sheet to improve transparency in the actual cost of residential trash and residential recycling and the addition of a contract amendment to allow for the addition of recycling processing and disposal fees to -- to continue Meridian's residential, commercial and industrial recycling programs. This amendment is drafted to be in effect for fiscal 2019 only and this was brought because staff felt that this request was outside of the contract -- existing contract. The CPI is 90 percent. They allowed -- the contract allows for 90 percent of the CPI -- change in the CPI. That's 3.28. The 90 percent is 3.28 percent this year. That's the highest we have seen in ten years since 2008 and is a reflection of the economy. The rate -- the CPI increase to residential households is 43 cents per month, per year, along with this request is an adjustment to the household hazardous waste program. In fiscal year 2016 household hazardous waste was separated and a rate of 24 cents per month was -- was added and that is to pay for the household hazardous waste program. The -- the use of that program by residents has not kept pace with the growth of -- with the growth of households in the City of Meridian and so a surplus has accumulated. A reconciliation was done for fiscal 2016 through May 2018 and a check for $26,033.47 was cut to the City of Meridian, delivered August 14th. The current run rate supports about 20 cents per month and staff and Republic agree on that rate and so our request includes a reduction in household hazardous waste, so four cents down to 20 cents. The new rates that we are asking for re -- revolve around the recycling service that we provide to residential, commercial, and industrial customers. Historically, the market has -- has supported the household hazardous waste prior to October 2015. Secondly, it supported Republic Services downside when the market did not cover the cost of Meridian City Council September 4, 2018 Page 34 of 55 processing and, thirdly, it provided cash to Meridian's city's recycling fund. In 2017- 2018 the global recycling markets collapsed and with -- with China effectively shutting the door to recycling materials and so other markets had to be located. They were done internationally and those markets have become overwhelmed and domestic markets -- or uses of this material are being actively sought. Our request is to add 83 cents per residential household per month for the processing, baling, shipping of commodities -- recycling commodities and, then, for 75 cents to commercial yards and that, again, covers the cost of -- of sorting and baling and shipping to markets. These amounts -- this market -- the recycling market commodities cover a portion of the cost. Even with this change of 83 cents to residential and 75 cents to commercials, it's still being partially subsidized by the -- by the value of the commodities that remain. So, this is not a long-term or a permanent fix. As the market changes it may go up, it may go down, there is not a lot of people that think it's going to go up. Most think that it's going to continue to erode. So, the downside to Republic is it's still a real -- it's still a real possibility, but if approved the increase to residential rates -- it will be $1.23, detailed as follows: CPI increase of 43 cents, which we -- I mentioned at the beginning. The recycling increase of 83 cents. The tax on the cart rental increase of a penny. And the household hazardous waste decrease of four cents. Are there questions? De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just I guess one question. Regarding the -- the new rate for recycling, should the Council not be supportive of that, what happens for your guys' business operations? Are they impacted? Remling: Well, so Republic Services already suffered losses of 325,000 for the previous 12 months that covers the CPI period of July 2017 through June 2018. So, we have already suffered those losses and, frankly, we don't have the stomach to continue those losses. The most recent -- the most recent run rate for the last quarter is closer to half a million dollars. We worked with staff extensively, both with Legal and with Finance, to work these rate sheets and work the -- the contract amendment and to come to an agreement and we are -- we are asking for, essentially, a revenue increase of 432,000 dollars. That's what these numbers represent 25,000 -- 26,000 of that represents the franchise fee. So, in reality, Republic Services is asking for 406,000, which is about 30,000 short of our current losses. So, we think we got -- got really close and agreed to a time frame with the city and we appreciate their partnership on it, but we don't think we can continue sustaining these losses in recycling materials. Cavener: Madam Mayor? So, I appreciate the added historical information. I -- I'm just a dumb farm kid from -- from Meridian, so chat me up. What -- what happens -- if the City Council says that we are not supportive of this -- passing on this rate increase to our customers, what happens to recycling in Meridian as we know it? Meridian City Council September 4, 2018 Page 35 of 55 Tibbetts: Madam Mayor, Council Member Cavener, unfortunately, we would have to landfill that material at that time. We can no longer continue operating at a loss on recycling. So, until the global markets would restore, if they ever restore, we would be forced to landfill. Cavener: Madam Mayor? If I'm hearing you right, if -- if we don't agree to this, then, the recycling program as a whole in Meridian would cease to exist. Tibbetts: Under the current market conditions that is correct. De Weerd: Other questions? Do we have staff that want to make any comment? Okay. Staff is also available for questions as well. They have worked with Rodney and Rachele and Don to look at all the -- the different information. Staff, then, worked with SWAC and -- and Steve as our chair has vetted that as well. So, this has been through a number of different efforts that is the accumulation of the recommendation in front of you tonight. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I have never been shy about the feeling I have had that it should be subscription based, rather than, you know, forcing everybody to play and if -- I feel like if -- if we are going to continue to force recycling on the citizens and force them to pay it, that we shouldn't be burying the company providing the service. So, if -- if Council believes that we need to continue to force the citizens to pay and participate, then, we need to increase it. If we -- if it's another option that if -- if the materials are going to be going to the landfill anyway to cease it and reduce the fees for the time being, to, then, pursue an advisory vote of the citizens to find out if they want us to charge them and implement -- re-implement the program, I think that is the best route if it's one that can function that way, if that's -- if that's an option. That's my preference. What does everybody else think? Little Roberts: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Out of all the issues that I have dealt with in the three years that I have been on Council I think recycling has some of the most passion behind it and so I will thank you for all of the work that has gone in with glass recycling and this and the market goes up and down and it is not an easy task, but everyone that I have talked to and following on NextDoor, our citizens are very passionate about recycling Meridian City Council September 4, 2018 Page 36 of 55 and so I hope we can continue this and to continue to see how we can make it the most successful for all of us. De Weerd: Thank you. Mr. Cavener. Cavener: Thank you, Madam Mayor. Appreciate I think what Council Member Palmer is trying to accomplish. I just don't think that that approach is prudent. If -- if that's the direction that we as a city want to go, I don't think that we can suspend recycling for a year or for six months while we try and figure out what it is that the citizens want. I am concerned that this is the first -- if I'm -- if I'm not mistaken, this is the first time we have passed on a fee for recycling on to our residents. I know that when this was initially sold to the public the thought was the recycling was built in to your trash payment and that citizens who participated in recycling wouldn't pay anything extra. That's a pivotal shift for me and so I guess the question for staff is action tonight, do we have an opportunity to have this as a public hearing to allow our citizens at least the opportunity to provide any feedback about if they want to be paying for a service that we traditionally have told our citizens that -- that was optional. Nary: Madam Mayor, Members of the Council, so, yes, we still would have to advertise for a public hearing for the fee increase, so you would have an opportunity for the public to weigh in and -- and -- let me make it clear. So, the cost for recycling collection has truly been built into the fees. The -- the requirement to recycle, you're correct, Councilman Cavener, isn't required, but it is already built into the fee. This is -- this is a change on the collection processing portion. So, you're correct there. Cavener: Madam Mayor, if I may. De Weerd: Uh-huh. Cavener: I know that I got to be the bad guy up here some of the time and -- and -- and, honestly, I think Republic over the past two or three years has really just improved dramatically in your level of service. The Mayor and I were talking earlier about how great it was to get a phone call to let me know that my trash is going to be delayed a week. Those are great services that our -- that our citizens really appreciate. I know that those come at a cost, but this is a strong shift from what we have told our citizens in the past about recycling and I think that we all as Council members need to be really cautious about the decision we make because of the long term implications it is for our citizens and your customers. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, this is something we have been working on in SWAC for a really long time trying to come up with a resolution and a number to this and -- and although none of us want to pay more, I believe that it is the right thing to do based on the feedback that I Meridian City Council September 4, 2018 Page 37 of 55 have got from members of the community about recycling, the 83 cents, you know, is a little under ten dollars a year -- it sucks, but it is what it is and it's not Republic Services' fault that the market has crashed on the recycling products, so I really think that most of the residents would prefer to pay ten dollars a year and continue to recycle than know that all of their recycling goods are going to the landfill and just being buried. So, I would like to see this move forward to a public hearing. De Weerd: Mr. Bernt? Bernt: Madam Mayor. Appreciative of your numbers in your -- in your presentation this evening. I think up until now the City of Meridian and its residents, in my opinion, have strongly supported the recycling program. I think by not supporting this -- this fee I think would be going backwards and I don't think that that would be a wise choice. However, I do feel like -- I think it is important to just gauge the public's opinion just to see what they think and -- and get their -- their interest and so I would be open to having a public hearing. Obviously, you know, to get -- get their feedback. But generally speaking I'm -- I'm very much in favor of this fee. De Weerd: Okay. Any other discussion or questions for Rodney or Don? Or to Steve or our -- our staff team? Okay. Council, I think the action that we are looking for is to move this forward for public hearing. Correct, Mr. Nary? Nary: Yes , Madam Mayor, Members of the Council, we would be looking for September 25th as the date for the public hearing. De Weerd: Okay. That would require a motion. Milam: Madam Mayor. Do you say you need a motion? De Weerd: Mrs. Milam. Milam: I move that we move this forward to a public hearing on September 25th. Cavener: Second. De Weerd: Okay. I have a motion and a second. Any discussion? All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. Remling: Thank you. E. Interagency Memorandum of Understanding Between Boise and Meridian: Community Development Block Grant Program Meridian City Council September 4, 2018 Page 38 of 55 Assistance De Weerd: Thanks, Steve, for coming and for staff to be available for questions. Okay. Item No. 9-E is under our community development. Our Planning Department. Hood: So, Madam Mayor, Members of the Council, this is an action item for you. There is a memorandum of understanding between the City of Meridian and the city of Boise for some technical assistance services. So, as you know, Christopher Pope is no longer with the city and shortly before his departure we were game planning kind of the interim condition until we could backfill his position in FY-19 and one of the options we have talked about and I have been working with Finance since has been in providing that service from another contract or other city that also has a CDBG program. The city of Boise has responded to that request for some help for the next -- at this point two months, basically, and so you have before you, a -- again, a technical assistance memorandum of understanding, so that they can give us help. Essentially what it says - - and you can certainly read it for yourself. It's in your packet. But -- but Housing and Urban Development is coming to town later this month and we need some help kind of prepping our files and getting ready for their audit of our program. So, that's a lot of what we have asked them to do is kind of go through our files, make sure everything seems to be in order, maybe call out some changes for how we have things organized or where things might be missing. Print them off, put them in the file, those types of things. But, basically, cleaning and organizing our files for that upcoming audit and, then, as we move into a brand new program year, helping us do some more technical assistance in doing the environmental clearance for those projects that we have coming up that will start at the first of the year and even prepping some of the sub recipient agreements with those parties, so that we are ready to roll after we get our allocation from the federal government. So, we do have some money in the administrative -- unallocated administrative portion of the grant that can pay for this. So, we do have the grant paying for this contract. It is up to -- we are anticipating roughly 240 hours of service at a cost not to exceed -- where did it go -- 8,660. Thank you. So, if there are any questions -- oh, maybe I can -- excuse me -- just give you a quick update on backfilling that position. We did have the first round of applications closed and so looking to schedule interviews. Had a pretty good applicant pool. So, I'm excited about that. We hope that we can have somebody on board and ready to go the first part of October, again, when this position goes to full time in the upcoming budget. So, roughly 30 days hope to have this position, but there will be -- can't expect that person to come in and totally hit the ground running, so we will need a little bit of overlap with this contract and, then, with our new hire hopefully we can get on board here, again, within the next month or so. So, just a quick update on -- on the overall program where we are with backfilling this position and again, kind of this interim request to -- for some technical assistance, so -- and with that, then, I will stand for any questions you may have. De Weerd: Council, questions? Borton: Madam Mayor? Meridian City Council September 4, 2018 Page 39 of 55 De Weerd: Mr. Borton. Borton: Not a question, but a brief comment. This is a great example -- and hats off to the city of Boise and I know you probably already expressed it, but opportunities for the communities to help each other out when they are in a pinch, this is one of probably many examples. So, I appreciate their willingness to step in quickly and help us through this transition. Classy move. De Weerd: Mr. Palmer. Palmer: Madam Mayor, did you need a -- De Weerd: I need a motion. Palmer: -- motion to approve the MOU? De Weerd: Uh-huh. Palmer: I move we approve the MOU between Boise and Meridian for CDBG assistance. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call role. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Department Report C. Council: Update on Proposed Non Discrimination Ordinance De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Schedulewise, timing, I think Council Woman Milam might have to leave early. If it would be okay, Items C and D are relatively short compared to A and B. If we would Meridian City Council September 4, 2018 Page 40 of 55 like to amend the agenda and take up C and D and, then, backtrack A and B, if Council would be so open to that. De Weerd: Okay. Borton: Okay. De Weerd: Okay. Well, I will turn this item over for you to -- your lead. Borton: Sure. Thank you, Madam Mayor. Relatively quick, this is listed under Department Reports. It's following up Item C and D on a couple of items that were discussed months back. Item -- oh, next. Item C is a nondiscrimination ordinance. This discussion came up to Council. I had asked in getting feedback from Council members to advance this issue and I was given some -- some majority direction to bring something back for consideration. So, today is that -- what C.Jay is passing out is what has been drafted as a proposed nondiscrimination ordinance for Meridian. The purpose of today's update is to get it to everybody, to be made available to the public and to schedule a public hearing for this. That was the direction that was provided last time and that's where we will head. The date for that was proposed to be September 25th. So, that's the date for the public hearing on the nondiscrimination ordinance. Just real quick, the structure of this is modeled in very large part with what the city of Boise has done, their prosecutors provide prosecution services for the -- for the City of Meridian and it mirrors in many ways the language from their ordinance, which I think has already been shared with everybody, with a couple of nuances that -- that I think make it a little more clear, a little more balanced and appropriate for at least our consideration. So, it wasn't a -- this isn't a public hearing or discussion for this topic, but at least to get it all in front of you. Mr. Clerk, will make it available to the public. Scheduled on the Council agenda for the 25th for public hearing and decision by -- by this Council. The Legal Department for the City of Meridian has been very helpful in providing a lot of data on what other cities have done, how they have structured it and they have also helped draft this and put it into the proper forum, at least for our consideration. Language here isn't set in stone by any means, but it's a good launch for our discussion and considerations. That was Item 10-C. De Weerd: Okay. I would need a motion to put it out for public hearing. Bernt: So moved. Cavener: Second. De Weerd: Okay. I have a motion and a second to put this item out for public hearing. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council September 4, 2018 Page 41 of 55 Palmer: I'm not voting against the motion because I'm necessarily against the ordinance, but because I would like some time to review the ordinance before saying, yeah, let's put this out to the public. That's just explaining my vote. De Weerd: Okay. That is fair. Any other discussion? Okay. The motion was to put this out for public hearing on September 25th. Those in favor say aye. Any opposed say nay. Palmer: Nay. MOTION CARRIED: FIVE AYES. ONE NAY. D. Council: Compensation Schedule for Elected Officials De Weerd: Okay. Borton: Thank you, Madam Mayor. So, we got feedback, obviously. Feel free to reach out to our Legal Department or myself for any questions prior to that. Item 10-D. This is a follow up real quick on a parking lot item that -- if we recall a while back there was a discussion -- our ordinance has a citizens committee created that every two years it reviews the compensation for Council and Mayor and one of the challenges that arose this year and historically has happened is the committee does great work, diligent, long hours, difficult process, makes a recommendation and for whatever reason, right, it's oftentimes declined by the Council and it -- it seems historically every two -- or four to six years, then, a Council will accept a recommendation and compensation will -- will change. That seemed to create some strife that might not be necessary, so the idea that I'm bringing back was whether or not we want to bring forward language for everyone to see that would amend our ordinance that instead of requiring that citizen committee to do its process and review and recommendation every two years, it would do it every four years. So, if everyone thought, no, I don't want to do that, let's still do it every two years, then, the concept will move on and we will tackle more issues that Council members want to grasp, but if there is some desire to see that -- what that would look like and chew on it, we can bring that forward. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I was lucky enough to be on that committee a couple different times and it is a drawn out process and it is a fair amount of time and effort, so I agree with Mr. Borton's comments on that. I just -- a point of clarification. In the past what have been the main reasons for denying the recommendation from the committee? Borton: Madam Mayor? This is probably very fact specific based on each committee's recommendation. Each recommendation when there has been an increase it's been Meridian City Council September 4, 2018 Page 42 of 55 backed up by data. I don't recall one where it's been solely a desire to raise compensation for elected officials, because -- or just because they like us. There has been some -- some comparative analysis that seems to justify it, but elected officials oftentimes are reluctant to vote for compensation increases regardless and I think some of that creates that in the lag where it historically -- especially for Council, you know, it gets a no, no, yes, no, no, no, yes and Mr. Nary had provided a way back, but I made a note of it. The Council compensation -- this happens every two years, but it changed in 2000, 2006, 2014; right? So, you kind of have this slower sequence of compensation changes. I'm not saying the work is -- is not accurate, it just seems if we call a committee together the reality is we are probably not going to make changes as frequently as even the market would warrant. Well, that's -- I don't want to get a committee together and frustrate their purpose, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just -- just a thought and it's -- it's hard, because I -- if the City Council does what the Committee recommends and they feel good about it and it was well worth their time and they deemed they were glad that they did it, if the City Council doesn't accept their recommendation, then, the feeling is, oh, this was a waste of time and that's hard for me to say, because they are -- they are a recommending agency. They are not -- they are not a decision maker. I have got fans who agree. So, I also worry that do we - - does the process continue regardless if it's two years or four years and is it every -- every 12 years, every 16 years that the City Council says, no, now -- now, it's -- it's appropriate. Do we -- are we trying to solve the problem of a committee feeling like they are not being utilized appropriately or are we trying to solve an issue related to Council and Mayor compensation and if we are trying to solve an issue related to Mayor and Council compensation, I think every two years is appropriate. If we are trying to say, boy, is there a better mousetrap that we can build, so that people who are involved in the recommending process feel like it's a better use of their time, I'm open to that, but I don't think that moving it from two years to four years necessarily solves that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I -- I have been pretty outspoken on this topic every time it comes up, because I -- I am one of those who believes that we have a committee that we put together, they put in a lot of time and year after -- and every time we say, n o, thank you for telling us, but, no, we just don't -- we don't want to vote for raises for ourselves, so -- and the reason that I do is because I think that this Council is going to fall behind the times. Down the road it's going to be hard to get people to -- willing to do this job, because it's going to be so far behind the market, just like we tell the rest of our -- just like we -- you know, what we discussed about the rest of our employees, we need to keep them up with market. I think if you do it every four years and the same process happens, yes, Meridian City Council September 4, 2018 Page 43 of 55 then, now you're looking at eight or 12 years in between every time. I don't know if there is a different methodology. I would think that it would make more sense that -- the Council doesn't vote on giving themselves a raise, it's very uncomfortable and this isn't about me, this is -- I'm talking about future councils, because I'm not going to be around forever, but, you know, it will -- it will get catch up to us and I think it will bite -- it will bite us in the -- in the behind. So, if there could be a set amount every year or every two years or just a percentage or however it works, I think that type of methodology would be much better than voting on raises and having people work and volunteer to -- to form a committee to give an advisory that the Council, then, denies. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It sounds like some of the comments might be let's explore ways to build a better mousetrap or -- or -- or process it, but not -- not necessarily change it from two to four years, but maybe revisit the manner in which it's looked at. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: We are spit balling, we are just making suggestions, so here is -- here is a thought is they have got -- ideally they have got to bring a recommendation back before next year's election; correct? They need to probably get together and start working on that process, because they did it a year ago and it's every two years. My thoughts would be let this process play out again this year and while -- and ask that group at the same time you have been involved, you felt frustrated because Council didn't necessarily adopt your recommendation, how would you change the process? What recommendations would you bring in and allow them to bring, one, a recommendation for compensation, if any, and, two, recommendations for Council to consider for change in ordinance to improve that process. I would trust them who are in it day in and day out to come up with better suggestions than us here up at the City Council, for what it's worth. I see head nods. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Thank you. That was it. That was feedback. We get the ideas. One of the -- and we talked about this in the spring about if someone's got an idea they want to float, discuss, bring up, if it goes forward, great, if it goes nowhere we will move on. Great feedback. It sounds like we have got some direction and we will incorporate that and Meridian City Council September 4, 2018 Page 44 of 55 see how maybe the next committee can help solve some of the problems, so their -- their time is valued and -- perfect. De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just wanted to thank you Council Member Borton. I think this is -- can be a daunting process getting some of these questions answered and, again, whether the body agrees or disagrees with some of the issues that are before us, we are -- at least we are answering them and we are not allowing them to lay in limbo any longer and so that we can report back to the public. This is what we did with X, this is what we did with Y and the question, at least for the short term, has been answered and appreciate Council Member Borton keeping the process moving forward. A. Citywide Annual Fee Update De Weerd: Item 10-A is citywide annual fee update. Brad, I believe you're the one tagged on this. Reta is really good at that. Purser: I have Jenny to thank also for -- De Weerd: Oh, Jenny. Purser: -- this distinguished opportunity. Mayor, City Council, I -- first time being here, long time viewer relatively speaking. First time I have had the opportunity to be here before you to talk about our citywide fees. You know, as you know a year ago we consolidated all our fees into one consolidated fee schedule. Over the last -- since I started in January I have been going through all the departments consolidating all of the changes that they want to bring forward and that's what I'm bringing to you today. Without further adieu, we have 19 fee changes. If you look on your screen the -- the items highlighted in tan are the ones that are greater than or in excess of five percent either direction. Seventeen of the 19 items highlighted in tan are related to Public Works. It's related to changes in the price of the meters and we have people here from Public Works if there is questions on that. Near the bottom you will see there are two of these fees -- near the bottom there is the QLPE review. That is a contract change. It's an increase of 30 dollars per the contract and you also have a daycare inspection, as you can see, you know, the state cap increased and they want to increase our cap as well. That rounds out the -- the changes. There are two new fees. Those are highlighted in orange on the very bottom. This is with fire. It's basically for a -- either two or a four person EMS bike patrol team -- not EMT. It's my mistake on that part. This is for a private event if they wanted to contract to have a bike team on the ground. This would compensate us for that. That rounds out all of the -- the -- the changes. Moving forward I would guess we would need to have a public hearing on the 25th, Meridian City Council September 4, 2018 Page 45 of 55 along with the other fees that we are doing with a resolution and to be effective the 1st. If I misspoke please correct me. I believe that is the schedule hopefully we are hoping to keep to. Any questions happy to talk. I think there is some people here if there is questions about some of the fees we can address those. If we can't I'm happy to get back to you if we need to, so -- okay. Council, any questions for Brad? Okay. This would need to be put out for public hearing, so I would need a motion. When -- when do you anticipate this coming back, Mr. Nary? Nary: Madam Mayor, Members of the Council, I believe it was the 25th of September as well, because we are going to have it in place prior to October 1. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we set this for public hearing on September 25th. Bernt: Second. De Weerd: I have a motion and a second to set this over for public hearing on September 25th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Purser: Thank you. Have a good night. B. Comprehensive Plan Change Applications Processing During Development of New Comprehensive Plan De Weerd: Okay. 10-B is under our Comprehensive Plan application processing for discussion. Caleb. Hood: Thank you, Madam Mayor, Members of the Council. This is coming up -- come up a couple times over the past few months and I want to have a discussion about how staff moves forward with potential amendments to our Comprehensive Plan, including the future land use map while we are in the process of developing, refining that vision for our community in the next -- in the coming decade. So, I have heard it pretty resoundingly, the Council encouraging folks to be involved in the Comprehensive Plan and that there is some hesitancy to tweak the plan any further with additional comp plan map amendments or text amendments while we are in the process of developing that vision. Really, the question before you tonight -- or the direction that staff needs is how we move forward with that direction. Is it staff just highly encouraging people to wait and be a part of the comp plan process and really reiterate that, you know, you're kind of swimming upstream and most likely that you wouldn't get approval if you apply in this Meridian City Council September 4, 2018 Page 46 of 55 interim condition. Interim condition being about roughly a year. We hope to have it adopted, you know, late fall -- by late fall next year. But, again, we have still got 12 or 14 months of work to do here or option two, if it's just not staff verbally, kind of discouraging that, but still it could apply. There is an opportunity to make it an absolute no and an active moratorium that said we aren't going to -- we aren't going to take, accept, or process any comp plan applications for the next -- well, by state statute we have 182 days is the most time that that would buy us. In that case it's -- it's really more symbolic saying, hey, we really are putting and investing into this process and while we are going through that process we aren't going to consider anything period. So, really, that's kind of the direction and -- and -- and feedback that we need as staff. Again, we will relay this information to our -- our customers and potential applicants is, hey, we would -- we would highly encourage you to wait on changing anything or add it to our list of potential changes right now and we will carry that ball forward, if you will, through the overall process if you're interested in either. So, essentially, that's the direction that I need or -- or if there is a change in what we have been hearing that you're not too keen on -- on processing comp plan amendments and you're like, no, it's fine, just business as usual, that would be good to here, too. But I don't think that's the case. So, while you're kind of pondering that a little bit, we did get some swag that we are going to be handing away. So, I was going to give you each one of these, even though -- I don't know if you have participated or not, but these are lanyards that we just ordered. We are using the hashtag mymeridian for each phase. So, we are in the mymeridian visioning phase right now. You don't have to keep it. You can hand it out. I see the Mayor's already got one. De Weerd: Mine is MYAC . Hood: Oh, you got the MYAC version. So, we have two versions. We are really trying to get up to 19 demographic more involved since they are likely to be pretty affected by what happens in this plan. So, we are going to some safety summits and some other things. And even MYAC meetings. But anyway. So, I'm going to take one and pass it down. I do have more if you would like more. But we are going to be handing these out, too, at our booth as we are continuing to engage and get feedback from the public. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I would say continue with business as usual. I would hate to hamper business running their business while we go through this as much as is possible, while still looking for opportunities certainly to -- to make sure that they are aware of an opportunity to try to work with you to do it in the process, if it is possible. But if it's not something that makes sense to work on it then, to go ahead and bring it to us. If the rest of the Council feels otherwise, please, say so, so that they don't get here -- De Weerd: They will. Meridian City Council September 4, 2018 Page 47 of 55 Palmer: -- and we tell them to go away. Hood: Madam Mayor? De Weerd: Mr. Bernt. Yes. Hood: Sorry. I just wanted to put this out there so you can also have it be part of your consideration as you make your comments as well. But I did get some comments from Susan Karnes that I just wanted to also -- I was writing down Mr. Palmer's note and I saw a note that I had that she did respond. In fact, you heard -- you heard it earlier this evening from Sally Reynolds, essentially, read from the Southern Rim Coalition, some of her concerns, but I did receive that request kind of reiterated and I'm just going to read -- state a couple of the things. They are asking the city to honor the Comprehensive Plan process for a fresh, long-range vision for Meridian. So, again, this process we are going to. They respectfully ask that the City of Meridian closely adhere to the guidelines and intent of its existing Comprehensive Plan for public safety, welfare, and improved amenities that are forthcoming with this plan. So, thank you. I told her I would carry that -- that message forward. Mrs. Reynolds was here as well. But I wanted to get that on and I'm sorry, Mr. Bernt, that I interrupted there. De Weerd: Mr. Bernt. Bernt: Thank you, Madam Mayor. I -- I think that this process is far more complicated than just, you know, saying we are not going to allow anymore, you know, high density building going on in the City of Meridian for the next year. I think that the ramifications of saying that and -- and, then, following that advice would -- would be hugely detrimental to -- to our community. I think that I would urge discretion and -- and deep thought in regard to this. I -- I don't know if we should say, you know, continue as business as usual, but just know that the development community needs to know that -- that we are -- we may be a little bit pickier and maybe just them showing up with -- with, you know, proposals, just with, you know, minimums and dotting every I and crossing every T to the minimum amount maybe won't fly, you know, maybe they need to -- and this is just me speaking out loud, but I would -- I would entertain a discussion more on that regard than saying -- you know, putting a complete halt on these type of projects going forward. I think that would be a huge mistake in my -- in my opinion. Palmer: Madam Mayor? De Weerd: Before we would go to you, Mr. Palmer, is there another Council member who has comments? Mrs. Little Roberts. Little Roberts: Madam Mayor. I agree with Councilman Bernt. I think that we need to maybe exercise discretion, but I think -- I just don't think we need to be in a situation where we are not listening to our citizens and our developers, as well as our residents, we are all citizens of Meridian and so I think we need to continue to have things brought before us, Caleb, but if you can -- you and your team can educate them that, you know, Meridian City Council September 4, 2018 Page 48 of 55 we are in this process, if you can wait that would be optimal, but, yes, we can still get you in front of City Council. I don't want us to just suddenly have the doors closed. Bernt: Right. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I might have a little bit different view on it. If -- if it's the narrow focus of comp plan amendments -- we are not, you know, talking annexations or plats and -- so this is a relatively rare and unique circumstance, I would -- the recommendation of strongly encouraging them to wait and participate, to be blunt, I think is most appropriate. At least that's probably how I'm going to lean, so when people come into the process they know that this will be done in a year and comp plan amendments are, you know, drastic shifts and it becomes very difficult to understand what today's Meridian wants in relation to those requests. So, in light of that narrow scope that we are talking about comp plan amendments, I -- I wouldn't use the word moratorium or stop entirely, but I think it's the best business decision to participate actively with your proposal in our existing planning process and bring it forward consistent with what comes from that. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think there is some slight confusion as to exactly what we are talking about. I would absolutely love to have the conversation that -- about whether we are open for business with certain times -- types of applications, but as Councilman Borton pointed out, we are specifically talking about Comprehensive Plan amendments and so that -- I think it's important that we understand that that's what we are talking about. As to whether we want to tell them, hey, wait or Council is still open to them. Borton: That's what we just -- Madam Mayor? I think that's what we were just answering was everyone's perspective. That was what I understood. What I thought everyone was talking about was the narrower focus of comp plan amendments, so -- De Weerd: Yeah. This is -- this is specific to Comprehensive Plan amendments and staff wanting to have a better gauge as to what Council's willing to entertain. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I tend to agree with -- with I think the comments -- where I think everyone is trying to get maybe with different verbiage, with -- with I guess one specific caveat. I think there is an important piece to take into consideration is that there are some in the Meridian City Council September 4, 2018 Page 49 of 55 development community that embark on their process before we made a change to ours and how -- how are we going to accommodate those who have brought forth a project before we said we are making a change to our Comprehensive Plan. I don't know how many there are, if there are anymore at this point, but, you know, a couple weeks ago we denied a project that -- for a wide variety reasons, but one of the -- some of the reasons cited by Council members is that we are going through this process. They began before we updated our process. So, that's the only piece that I have got a little bit of heartburn about is that the development community has moved forward with the understanding of our -- of our process and -- and -- and the way that our comp plan is laid out and now we are saying, well, we are going to press hold on all of that after you have already started. So, I guess that would be a question for Caleb is do we know how many active applications are -- that are out there even a ballpark that were initiated before we started this? Hood: Madam Mayor, Councilman Cavener -- and, again, just to put that clarifier in there, I can -- and I can answer it sort of. Applications in process that are for a comp plan map or text change that were submitted before we started our process is going to be next to zero, if not, none. I can let you know that -- I'm sure you recall, Councilman Cavener, we had two. One of them was approved and one of them was denied on -- on the same night. The one that -- those two were both submitted in the spring just before we started this. So, anything coming up -- and they -- they hit some roadblocks, too, with some of -- one of them in particular having to go back to ACHD being continued a couple of times, so that's why I'm pretty confident to say we don't have any in the queue now. I will just clarify, though, if there is something in the queue, they are vested with what we have on the books now. Just because we are going through this process we evaluate it against the codes and -- Cavener: Sure. Hood: -- whatever we have in process now and that's still true. I mean -- and, again, that's kind of why the question now. Anyone comes in and submits now, we can -- and I appreciate that discretion. We will have the conversation and look at these on a case- by-case basis and go, oh, one acre, hey, maybe that makes sense for some office there surrounded by other office and we have it shown as something else on the map. I think we can gauge that. But -- but getting off on the right foot to -- for them to let -- this is a big lift, even at one acre change this was developed by our community. We don't take these lightly. So, the onus is on you to justify any change and it's especially magnified right now as we are looking at overall vision for our community. So, I think we can relay that information and kind of back off that if necessary or really press on it more and say, listen, this 20 acres -- that changes the numbers we are running if we look at how much industrial lands we have for the future and you take that 20 acres away, now all of a sudden our analysis gets skewed, because we take that out of the mix. So, again, I appreciate some of the comments there with some staff discretion in how we relay this. I'm not overly concerned about the ones that are already in process, because I don't believe -- give me a minute and I can look in Novis and just see what we Meridian City Council September 4, 2018 Page 50 of 55 have coming up for hearings, but I don't believe there really are any additional map amendments that we have taken in in the past two months. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think, you know, going back and trying to think of the projects where we have -- we have had -- where it's caused a little bit of heartburn has been mostly, you know, big high density stuff and so, again, just -- I think that it's important and I think -- I agree with staff, you know, exercising discretion, you know, for your example, Caleb, with the acre parcel and changing it to -- in looking at that, knowing what this Council -- the direction this Council has taken in the past, knowing that, hey, this is not going to be a big deal, I think you're going to be okay, but I think, you know, the Southern Rim's concern is just density, you know, high density and so maybe going forward just having discretion in regard to that, making sure that -- you know, that if we -- if we are presented with a project that it's been vetted and, you know, making sure that it makes sense for the greater good of Meridian for the next little while, you know, because we are in the process of redoing our Comprehensive Plan. De Weerd: Councilwoman Milan mentioned before she left that she would support holding off on any Comprehensive Plan changes while we are in the process of updating our Comprehensive Plan and, you know, frankly, unless there is some kind of emergency that -- that would warrant not participating in the new Comprehensive Plan, I don't know why you would come in to -- to change it and not be part of the process. I -- I started -- when I was on Planning and Zoning our Comprehensive Plan update, it took a while and we did hold off on changes and even at that time changes to the Comprehensive Plan were -- were only allowed every six months and I think there was a state code to that, that only allowed changes that -- that infrequent. It did allow for a more thoughtful process. I think the question about step-ups have also been brought up and that's something we are considering not having in our -- our updated Comprehensive Plan. So, these kind of things I do think show value to the citizens' participation and to their voice and does encourage our property owners and the development community to be involved. They were involved at that time and maybe they had even more reason to be involved, but also our development community stepped up, alongside our property owners, when we did the Ten Mile areas specific plan as well and while the city did continue to process applications, it was to the Comprehensive Plan and whatever was incorporated as part of that Comprehensive Plan update for that area specifically, those were agreed to by the -- the applicant to adhere to. So, this isn't new. It's been practiced in the past and has been -- it didn't stop the development community from working with us and being part of the -- the process and part of the vision. It didn't stop growth and I think it allowed us to grow as gracefully as we possibly could in the midst of tremendous growth pressures. So, I -- if this Council's direction is instead of just saying no as the direction, but be very discriminating and maybe give our staff the -- the leeway of saying, unless you can Meridian City Council September 4, 2018 Page 51 of 55 really give a good reason why this should be considered, you may want to wait for the Comprehensive Plan update. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think just some additional context, especially because Mr. Burke has sat through our meeting and I appreciated his comments earlier today. When we started talking about changes and maybe pressing pause on things until we complete the -- the update to the Comprehensive Plan, that means a lot of things to a lot of different people and as I have heard from the public there are those that want us just to press pause on reviewing all land use applications until it's completed. You hear from those that say, no, we just don't want you to process any high density residential or depending on the part of town I don't want you to process any commercial. So, we have got -- as a body have to be pretty uniform in our comments on this and moreover we need great citizens like Mr. Burke to communicate that to his neighbors in the north and the Southern Rim Coalition to communicate that to the neighbors in the south, so that we are consistent with everybody that we are talking to, because I think the biggest challenges occur is when somebody thinks they hear one thing from a member of City Council or a staff member or a developer or their neighbor or they read on NextDoor and it's counter to whoever they hear from somebody else. So, really trying to be as clear and concise and consistent in our comments, both with anything that comes before us, as well as anything that's in the pipeline. De Weerd: Any further discussion? I -- Caleb, do you have a sense of where Council is coming from? Hood: Well, Madam Mayor, if I -- if -- unless there is a motion or direction to bring back some type of -- of -- I don't know, Mr. Nary, if it's a -- if it is a resolution or an ordinance, if we went moratorium, which I don't -- and that's not what I'm hearing. De Weerd: No. There is no -- no interest that I have heard in a moratorium. Hood: So, I think -- again, I think we can relay the information and use that discretion and direction. Just the last point I would like to make -- De Weerd: And -- and, Caleb, forgive me for interrupting you. Again, this is on Comprehensive Plan changes. Hood: So, just maybe two quick things, to circle back on Councilman Cavener's question about ones that are in process now. I just went back and Creamline Park and Tanner Creek were both August 21st. Those are the last two we had that were pre this process. Compass Charter School was also processed this year, as was Lost Rapids, the Costco one. Those are the four we have done to date now. Now, have we met with people in the last couple three months about them? Maybe. I'm not in every meeting. Meridian City Council September 4, 2018 Page 52 of 55 But we don't have any applications right now that we have accepted. So, we can give that direction that we just discussed and highly encourage them to participate in this process. I guess that leads me to my second point that I wanted to make is if they don't -- I mean one or two things; right? They can apply now or in the interim. If they apply after we develop -- I think we are going to be very defensive of this thing after we get it adopted. So, it's either you -- you -- you have three options, you process it now kind of at your own risk, you come along as part of the comp plan, or you wait until after. The first and the last don't seem like good options in the -- in the current environment for any -- any changes to the vision for our city and again, I think we can relay that to people. Hey, let us help you through this larger public involvement process of developing our vision. Let's play that alternative future for your property out or whatever your interest is through the public in this new Comprehensive Plan. So, again, I would just say it's not wait until after it's developed and, then, submit your map amendment or your text amendment, because we just got done developing and put a whole lot of resources into this thing. So, I would hope we don't tweak it or change it much after -- after you adopt it next fall. So, anyways, just the last kind of point that raised and I think we have direction. Thank you. De Weerd: Do -- do you need to do that through a resolution? Not unless you want a black and white. Hood: Yeah . Madam Mayor, I don't need to. I think you could -- it could send a symbolic message if you wanted to do something like that, but it doesn't carry any weight necessarily; right? I mean it wouldn't prohibit somebody from still -- even if staff is saying we don't -- no, don't do this, they can still submit their application, but it could be some symbolic gesture that says -- I don't know exactly all the whereases there, but I mean you could if you want to, but we don't need to. De Weerd: I think you can always point them back to the discussion on the -- on the public record. Hood: Uh-huh. Nary: Madam Mayor, it sounds like that's the direction. That's good. I wouldn't recommend doing a resolution. If you -- if you want to do a moratorium that's fine. I wouldn't do that -- I think you would be subject to challenge that you're trying to subvert the moratorium process by creating something else and I don't think we should do that. Item 11 : Ordinances [Action Items] A. Ordinance No. 18-1745A: An Ordinance Of The City Of Meridian, Idaho Amending Ordinance No. 17-1745, The Appropriation Ordinance For The Fiscal Year Beginning October 1, 2017 And Ending September 30, 2018. Appropriating Monies That Are To Be Allocated By The City Of Meridian City Council September 4, 2018 Page 53 of 55 Meridian, Idaho In The Sum Of 10,112,632); And Providing An Effective Date. De Weerd: Okay. Highly discouraged. Okay. Ordinance 11 -A is 18-1745A. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1745A, an ordinance of the City of Meridian, Idaho amending Ordinance No. 17-1745, the appropriation ordinance for the fiscal year beginning October 1, 2017, and ending September 30, 2018, appropriating monies that are to be allocated by the City of Meridian, Idaho, in the sum of less 10,112,632 dollars and providing an effective date. De Weerd: You have heard this ordinance read. If there is no questions or discussion, I would entertain a motion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Ordinance No. 18-1745A with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve 11-A. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 18-1790: An Ordinance, Pursuant To Idaho Code 50-1002 And §50-1003, Providing For A Title And Findings, Providing For The Adoption Of A Budget And The Appropriation Of $130,464,302 To Defray The Necessary Expenses And Liabilities Of The City Of Meridian, In Accordance With The Object And Purposes And In The Certain Amounts Herein Specified For The Fiscal Year Beginning October 1, 2018 And Ending On September 30, 2019; To Levy All Such Appropriate Taxes And Levies As Authorized By Law Upon Taxable Property; And To Collect All Authorized Revenue; To Provide For The Waiving Of The 2nd And 3rd Readings Pursuant To Idaho Code 50-902; And Providing For An Effective Date And Meridian City Council September 4, 2018 Page 54 of 55 The Filing Of A Certified Copy Of This Ordinance With The Secretary Of State. De Weerd: 11-B is Ordinance 18-1790. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1790, an ordinance, pursuant to Idaho Code 50-1002 and 50-1003, providing for a title and findings, providing for the adoption of a budget and the appropriation of 130,464,302 dollars to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2018, and ending on September 30, 2019; to levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue; to provide for the waiving of the 2nd and 3rd readings pursuant to Idaho Code 50-902; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. De Weerd: You have heard this ordinance read by title. Is there any questions or discussion? If not, I would entertain a motion. Or not. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move we approve Ordinance 18-1790 with suspension of rules. Borton: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, we will call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Any items under 12? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Real briefly. I know the members of the school district are -- are in the lobby. I don't know if they can hear this. Today a great educator was laid to rest by the name Meridian City Council September 4, 2018 Page 55 of 55 of Greg Grove. Greg served with Mark Enger with the Skills USA, was an accomplished educator for 34 years in the Western Ada School District, was a great guy and taught me a lot and a good friend and I just thought it was great that we saw so many members of our school district and educators at his funeral today and just wanted to put that on the record. Item 13: Amended onto agenda: Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general and 74 -206(1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent De Weerd: Thank you. Well, Council, we did add a No. 13. Borton: Madam Mayor? De Weerd: What is your desire? Mr. Borton. Borton: We will -- it's so early. Well, we will see what happens. I'm going to make a motion to go into Executive Session pursuant to 74-2016(1)(a) and(1)(b) with all the best intentions that it's relatively -- Cavener: Second. De Weerd: Okay. I have a motion and a second. If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Council, just before we go off the public record, just to remind you, it is public -- it's Heart Week in downtown. Coffee with the Mayor next week -- next Tuesday. The ICOM ribbon cutting tomorrow. And so, hopefully, we will see you all there. And a special meeting for Costco design -- Caleb, when is that? Hood: It's whenever their public hearing was scheduled for. September 11th, I believe. Coles: September 11th, 6:00 p.m. De Weerd: Okay. Very good. Thank you. Meridian City Council September 4, 2018 Page 56 of 55 EXECUTIVE SESSION: (8:56 p.m. to 9:28 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bernt: So moved. Borton: Second. De Weerd: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Bernt: So moved. Borton: Second. De Weerd: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:28 P.M. (AUDIO RECORDING-,,O—N-- F E OF THESE PROCEEDINGS) MAYO Y DE WEERD DATE APPROVED ATTEST - v C� C. J COLa, CITY CLERK �.IF-0 AUGvsr o� a 010 �r C�Vl E ID�ANt.- IDAHO SEAL th City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. Meeting Notes: Hearing Date: 9/4/2018 Item Number: 5 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time Rick Burke Comprehensive Plan issues 9/4/2018 17:51 Sally reynolds Limiting Comp plan changes 9/4/2018 17:59 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6A Project File Number: Item Title: Approve Minutes Approve Minutes of August 21, 2018 City Council Joint Meeting with Meridian Development Corporation Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of August 21, 2018 City Council J oint M eeting with M eridian D evelopment C orporation C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/27/2018 - 9:53 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 5 of 461 Meridian City Council - Meridian Development Corporation Joint Meeting M2,tti„m,� 48 Au.8 21,20to Page 32 of 31 Bevan: Second. Winder: All in favor say aye? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:38 P.M. (AUDIO REC RIDING ON FILE OF THESE PROCEEDINGS) M O Y DE JWEERD DATE APPROVED // 14 ATTEST: ) ,Ep AUGlj T C. JAY COLE , CITY RK o� ,�o� of _ + SO W 2. City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6B Project File Number: Item Title: Approve Minutes Approve Minutes of August 21, 2018 City Council Regular Meeting Meeting Notes: HI APPROVED I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of August 21, 2018 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/27/2018 - 9:53 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 38 of 461 Meridian City Council August 21, 2018 Page 109 of 108 process. Is there anything further? I will remind you we have Movie Night, Main Street Market, and our last Concert On Broadway and I would like to personally invite you -- we have our Mayor's Youth Advisory Council kickoff on August 27th. Parents are invited to attend with their students on next Monday. It starts at 6:00. And, again, at 7:00. We do two nights the first night, because usually we get a lot of interest just to see what's going on. So, love to have you join us. If there is nothing further, I would entertain a motion to adjourn. Milam: So moved. Borton: Second De Weerd: All those in favor say aye. Boy, it is late. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 0 ATTEST/ -- C. JAY 70LES,, Y CLE C / Iy /_ DATE APPROVED W p,U G US P\ �y oI.P City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6C Project File Number: Item Title: Approve Minutes Approve Minutes of August 28, 2018 City Council Pre -Council Special Meeting Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of August 28, 2018 City Council Pre-C ouncil S pecial M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes B ackup Material 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/30/2018 - 12:23 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 148 of 461 ALL AYES. MOTION CARRIED. Into Executive Session at 5:03pm Out of Executive Session at 6:07pm Milam: I move we adjourn the Executive Session. Borton: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Cavener: Move to adjourn. Milam: Second. De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:07pm (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY EERD, MAYOR DATE APPROVED GOPQOyP?ED gUG�s , ATTEST: J = Cly 1> or w C.JAY COLEJ, CITY CLOK (✓►'[ E IDIAN-- IDAHO SEAL City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6D Project File Number: Item Title: Pedestrian Pathway Easement Caven Ridge Estates East No. 2 Pedestrian Pathway Easement Meeting Notes: u✓ APPROIED I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: Title of I tem - C aven Ridge E states E ast No. 2 P edestrian P athway E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 11:33 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 151 of 461 ADA COUNTY RECORDER Christopher D. Rich 2018-084051 BOISE IDAHO Pgs=6 VICTORIA BAILEY 09/05/2018 11:37 AM CITY OF MERIDIAN, IDAHO NO FEE Pro'ectNameSubdivision V tY1 I `t11 ®®Y1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of 20 , between \j L hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipaf 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 part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 03/26/18 Meridian City Council Meeting Agenda September 4, 2018 – Page 153 of 461 GRANTEE: CITY OF MERIDIAN Coles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) �'OpAgED gVCG 2 ' (SID IANC.. SEAL I/ This record was acknowledged before me on 9-4.2 N 8 (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. d; •• �E W Notary Signature -M?1t auV 06 My Commission Expires:_J -a9.2�0 • P� -. ti •�•.,• S'TATF, �, ••• Pedestrian Pathway Easement REV. 03/26/18 Meridian City Council Meeting Agenda September 4, 2018 – Page 155 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 156 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 157 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6E Project File Number: Item Title: Pedestrian Pathway Easement Oaks West Subdivision Phase 1 Pedestrian Pathway Easement Meeting Notes: C✓ APPRQV-F-Q I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Estimated Time f or P resentation: Title of I tem - Oaks West Subdivision P hase 1 P edestrian P athway E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 11:33 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 158 of 461 ADA COUNTY RECORDER Christopher D. Rich 2018-084052 BOISE IDAHO Pgs=16 VICTORIA BAILEY 09/05/2018 11:38 AM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of < 201, between BROOKFIELD HOLDINGS (HAYDEN II) LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public 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. Pedestrian Pathway Easement Meridian City Council Meeting Agenda September 4, 2018 – Page 160 of 461 GRANTEE: CITY OF MERIDIAN Tammy deVj erd, Mayor i Mtest by C. -ay Coles, City Clerk Approved By City Council On: STATE OF IDAHO ) the ss. County of Ada ) 20 t$ On this 4+�l day of S P,& r {f7 ,2&1-7, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Pedestrian Pathway Easement 00.KS West p hose l ,ham LL) 0�41„ NOTARY PUBLIC FOR IDAHO Residing at: " AAJA&660 j oa,&0-4Z Commission Expires: 3 -.91 -alo a► ;�- Meridian City Council Meeting Agenda September 4, 2018 – Page 162 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 163 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 164 of 461 ADA COUNTY RECORDER Christopher D. Rich 2018.037544 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2018 03:50 PM Recordingrcqucslalbynnd+chcnrccordadrel (nto: TITLEONE BOISE $15.00 nRGOKPIRD 11OLDINGS 01AYDRN 11) LLC 250 Voscy Stn cl, I511+ floor New York, Ncw York 10281 17299536 SPACE N+ovr, TII1s LIKE FOR RECORDER'S Usr, ONLY SPECIAL WARRANTY DEED For value received, the receipt and sufficiency of which is hereby acknowledged, NEW OAKS LLC, an Iduho limited liability company ("Grantor"), does hereby bargain, sell and convey unto BROOKFIELD HOLDINGS (HAYDEN ll) LLC, a Delaware limited liability company, whose current mailing address is 250 Vesey Street, ISIh Floor, New York, New York 10281 ("Grantee"), the following described real property, located in Ada County, Idaho, to wit (the "P)-operty"); See Exhibit A, attached hereto and Incorporated herein. TOGETHER WITH all improvements thereon and all tenements, hereditaments and appurtenances thereunto belonging or In anywise appertaining to the Property; PROVIDED, HOWEVER, RESERVING UNTO GRANTOR the easements identified on Exhibit B, which is attached hereto and Incorporated into this Special Warranty Deed as if fully set forth herein. TO HAVE AND TO HOLD the Property unto Grantee and Grantee's successors and assigns forever. Grantor does hereby covenant to Grantee that Grantor owns the Property In fee simple; that the Property is free and clear of any liens, claims or encumbrances made, done or suffered by Grantor except (i) all exceptions identified oil any title commitment or title policy issued pursuant to this transaction; (ii) general taxes and assessments for the current year which are not yet due and payable; (iii) the easements reserved to Grantor herein; and (iv) any matters made, done or suffered by Grantee or Hayden Homes Idaho, LLC, an Idaho limited liability company; and that Grantor will warrant the same forever, as to Grantor's own acts and none other, from all lawful claims whatsoever. By acceptance of title, Grantee accepts, assumes and agrees to faithfully perform all of Grantor's entitlement obligations with respect to the Property, including Grantor's obligations under any annexation or development agreement. DATED its of April ,1201 8. GRANTOR: NEW OAKS LLC, an Idnho flunited liability company By: Coleman Real Es to Mnnagament LLC, an Idaho limited liability compan , is Manager By; Fkg /�—� Nome: Nolle Onalbill Title: Manager SPEMAL WARRANTY DECD PAGE. I OI' 4 ulasr:�nsxwaol STATE ) ss. County of ) On this day o the above State, personally appe d Noelle Coleman Real Estate Management C, New Onlcs LLC, an Idaho limited liabi instrument, and acknowledged to me that she IN WITNESS WHEREOF, 1 have Inc year first above written, 7 _ 29a, before me, a Notary Public in and for '. k!g� n or identified to me to be a Manager of tifed liability company, acting as a Manager of and who subscribed said name to the foregoing the sante in said company name. Nq hand and affixed my official seal the day and Notary Public for Residing at: My commission expires; SPEC IAL. WARHANI'Y Dium PAGE 2 OP 4 14105327 1nwainl CALIFORNIA• • ! •. f�t�t.cit.c�t�tr'\Yciciv;•�Ls�tGstiL�t.c�<!�:/�t�\.cwt.cigtr.�.Ys�'Ga�<�•.at..��•.c�t.:i•.w•.c�t� .c�t�f��/.� .c�Uc�'t.m . �t..�t.:�•.c� .c\fl:Y A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California \ County of�ao��oa-��. On An., tQLb �� before me,�Qr\r� utnv� t �ZS�a�cu py� , 6\0 Date `� Here Insert Name and Title of the Offie r personally appeared V1 N P e C_7' o_vV& k \A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER R. DUNN WITNESS my hand and official seal. Notary Public —Callfornia SantaBarbara County T Commission # 2198521 Si My Comm. Expires May 21, 2021 Signa re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G,'✓4C:.4�.:�✓,4�✓.4�.4'✓G�+.64�.4��<�✓.G�4VLt:.4�✓.4'e/4��'✓4C✓4`.SL.L'e/4�.G�4�✓4�4�%G'L4�� "✓.'•✓1'v,G��4��/. '✓ "✓S�.C`.4`.4�. '^/4:41✓0.W%.'✓ EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parxl of land situated in the Northwest 1/4 of the Northwest 114 of Section 33, Township 4 North, Range 1 west or the 8olse Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows; BEGINNING ata Orals Cap marking the narthwest corner of sold Section 33; Thence along the north boundary of said Section 33, South 89'16'50" East, 1,118,69 feet to a $/8" Rabar; Thence South 00.43'10" West, 488.98 feet to it $/8" Rebar; Thence South 08'27'38" West, 73.56 feet to a 5/8" Rebar; Thence South 23'04'20" East, 28830 feet to a 5/8" Rehar; Thence Sauth 07143'36" Wesly 474.06 feet to a 5/6" Rabar on the north right-of-way line of five Mlk: Creek per a deed rocorded In hook 226 at Page 66, racords of Ada County, Idaho; Thence along sold north flight -of -way line, North 76.4270"West, 1,183.15 feet to a 5/e' Rebar on the west boundary of sold Section 33; Yhence along said west boundary line, North 00'32'37" East, 1,042A9 feet to the PGINTOF BEGINNING. The above-described parcel contalrls 1,346,565 square feet or 30,91 acres, more or less, SPMAL WAnnAWY DRD PAM 3 ov4 1+165127 f ow -ion EXHIBIT B RESERVED EASEMENTS Grantor reserves casements on, over, under and across the portions of the Property described on this Exhibit B (the "Well Lot" and the "Lift Station Lot", as described below), where municipal well facilities and sewer lift station facilities have been or will be constructed. By acceptance of title to the Property, Grantee agrees to cause to be executed any instrument requested by Grantor from time -to -time as necessary to effectuate the dedication of the Well Lot, the Lift Station Lot and/or the facilities located thereon to the City of Meridian or any other governmental entity, including (without limitation) customary special warranty deeds conveying fee simple title to the Wall Lot and/or Lift Station Lot free and clear of ail encumbrances made, done or suffered by Grantee. Upon any fee simple dedication of the Well Lot, the Lift Station Lot mid/or the facilities to the City of Meridian or any other governmental entity as provided above, these reserved easements will automatically terminate with respect to the property so dedicated. Grantor agrees to cause to be executed any instrument reasonably requested by Grantee from time -to -time as necessary to confirm the termination of these reserved easements with respect to the property so dedicated. The obligations with respect to these reserved easements run with the land and are binding on Grantee and Grantee's heirs, successors and assigns, and run to the benefit of Grantor and Grantor's heirs, successes and assigns. Grantor may assign some or all of its rights under these reserved easements to tine City of Meridian or any other governmental entity. Well Lot That certain +/- 19,562 square foot (+/- 0.45 acre) parcel of land legally described in Exhibit A-2 to Instrument No. 114036598. Lift Station Lot That certain +/- 27,918 square foot (+/- 0,64 acre) parcel of land legally described oil Exhibit A-1 to Instrument No. 2016-092923. 0 SPUMAl. WARRANTY Nun PAGnil ot+4 141673,7 a1w6.1a1 DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF BROOKFIELD HOLDINGS (HAYDEN II) LLC a Delaware limited liability company March 27, 2018 The following action is taken by the Board of Managers of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company (the "Company"), by unanimous written consent without a meeting. ELECTION OF OFFICERS RESOLVED, that the following persons are duly elected to serve as the officers of the Company by the Board of Managers or until the election and qualification of their respective successors or their earlier resignation or removal: ADRIAN P. FOLEY THOMAS LUI SHANE D. PEARSON ANDREW BRAUSA WILLIAM B. SEITH ROBIN A. RUTHERFORD President Chief Financial Officer Executive Vice President Senior Vice President Secretary Assistant Secretary RESOLVED FURTHER, that the Acceptance of each Officer is attached hereto as EXHIBIT "A" RESOLVED FURTHER, that except when otherwise authorized or directed by the Board of Managers, or by law, the officers of the Company are authorized to execute, acknowledge and deliver any and all instruments of writing, including but not limited to, subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes, security instruments and such other documentation necessary or appropriate in the ordinary course of business of the Company. Unless specifically authorized by the Board of Managers to the contrary, any and all subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes, loan agreements, partnership agreements and security instruments shall require the signature of two officers of the Company. Contracts involving amounts less than $100,000 and deeds and purchase agreements for the sale of a single family residence shall require the signature of only one officer. RESOLVED FURTHER, that no contract or obligation involving the transfer of a right in any major asset of the Company shall be signed without prior approval of the Board of Managers or any committee thereof duly authorized to give such approval. DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018, Dated: March 27, 2018 DoouSigned by: ADRIA P, FOLEY EXHIBIT "A" DocuSlgn Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Executive Vice President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018, Dated: March 27, 2018 FDocuSigned by: " P"rsav, SH NE D. PEARSON EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Secretary of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. DATED: March 27, 2018 F�-" cuftned bye e�+tM.'W 75. ilMtk WILLIAM B. EITH EXHIBIT "A" DocuSlgn Envelope ID: 447ED3B3-6C97-49D4-AB52-DBEB17C00727 ACCEPTANCE I hereby accept the office of Authorized Signing Agent of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. DATED: March 27, 2018 OocuSignedd by: ejV1o, W BRI 17 EXHIBIT "B" City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6F Project File Number: Item Title: Pedestrian Pathway Easement Oaks West Subdivision Phase 2 Pedestrian Pathway Easement Meeting Notes: c✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Estimated Time f or P resentation: Title of I tem - Oaks West Subdivision P hase 2 P edestrian P athway E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement B ackup Material 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 11:34 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 165 of 461 ADA COUNTY RECORDER Christopher D. Rich 2018-084053 BOISE IDAHO Pgs=15 VICTORIA BAILEY 09/05/2018 11:38 AM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of SeAA= r, 20A16 between BROOKFIELD HOLDINGS (HAYDEN II) LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public 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, Pedestrian Pathway Easement ®WASe,5 Pha:�G 2. Meridian City Council Meeting Agenda September 4, 2018 – Page 167 of 461 GRANTEE: CITY OF MERIDIAN AUGUST\ T9 Oma, Z NO Tammy de W erd, Mayor Sf�P►�' amu, �cFNTER of ttio�� P ttest by C(j y Coles, City Clerk Approved By City Council On. STATE OF IDAHO ) ss. County of Ada ) ao 1 On this 44" day of Sep -)7f e,� ;before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •9689.••• & •• 0TAR .yam•: �°C1BLtG Via; Pedestrian Pathway Easement 0av s West- ph�2 ap W NOTARY PUBLIC FOR IDAHO Residing at: `i�JJ1l��.GdJ1L� D Commission Expires:3 •a8 a0 2a. Meridian City Council Meeting Agenda September 4, 2018 – Page 169 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 170 of 461 ADA COUNTY RECORDER Christopher D. Rich 201$_037544 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2018 03:50 PM R¢cordingrequotcdbymid wlimrccordcdretrutllo: TITLEONE BOISE $15.00 111100KNUD HOLDINGS (HAYDIiN In LLC 250 WicySimcl, 15111 fluor NCW York, Nc%r York 10281 17299536 SPACr:AHOWNis LINA FOR RECORDER's US00NLY SPECIAL WARRANTY DEED For value received, the receipt and sufficiency of which is hereby acknowledged, NEW OAKS LLC, an Idaho limited liability company ("Grantor"), does hereby bargain, sell and convey unto BROOKFIELD HOLDINGS (HAYDEN Ii) LLC, a Delaware limited liability company, whose current mailing address is 250 Vesey Street, 151h Floor, New York, New York 10281 ("Grantee"), the following described real property, located in Ada County, Idaho, to wit (the "Property"): See Exhibit A, attached hereto and incorporated herein. TOGETHER WITH all improvements thereon and all tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining to the Property; PROVIDED, HOWEVER, RESERVING UNTO GRANTOR the easements identified on Exhibit B, which is attached hereto and incorporated into this Special Warranty Deed as if fully set forth herein. TO HAVE AND TO HOLD the Property unto Grantee and Grantee's successors and assigns forever, Grantor docs hereby covenant to Grantee that Grantor owns the Property In fee simple; that the Property is free and clear of any liens, claims or encumbrances made, done or suffered by Grantor except (i) all exceptions identified on any title commitment or title policy issued pursuant to this transaction; (ti) general taxes and assessments for the current year which are not yet due and payable; (iii) the easements reserved to Grantor horein; and (iv) any matters made, done or suffered by Grantee or Hayden Homes Idaho, LLC, an Idaho limited liability company; and that Grantor will warrant the sane forever, as to Grantor's own acts and none other, from all lawful claims whatsoever. By acceptance of title, Grantee accepts, assumes and agrees to faithfully perfomi all of Grantor's entitlement obligations with respect to the Property, including Grantor's obligations under any annexation or develop��tm,ent agreement. DATED us of April �•f/`2018, GRANTOR: NEW OAKS LLC, an Idnho limited liability company By: Coleman Real Es to Management LLC, an Idaho limited liability contpan , Is Manager By: Name: No le ninbill Title: Manager SPL•CIAL WARRANTY DurD PAGE I OP4 14165SI?113 aiol S'rATE 01T� ) ss. County of ) On this day ofd the above State, personally appe d Noell Coleman Rent Estate Mnangement C, New Oaks LLC, an Idaho limited liabi instrument, and acknowledged to me that sh t , before me, a Notary Public In and for e Gambill, kn o or identified to me to be a Mannger of an IdaXdti',,. 'tied liability compnny, acting as a Manager of compnd who subscribed said name to the foregoing e e, c same in said company name. IN WITNESS WHEREOF, I have IAunto sci`a1y I and affixed my official seal the clay and yenr first above written, Notary Public for Residing tit: My commission expires: �5 tz (2- d Ca\ SPECIAL WARRANTY DEED PAGE 2 or4 1410417117 1o1 CALIFORNIA• . •. ��<.c�t.c�i!cwt.�•.a<�<C-:��<rs��<�ts�<:c�:�t�•.c�<��t �Y`<!i<.c�•.:�.�Ysi•.c�t.:�•.a•.c��t�t/.�i<�� .c�t/�t.c�Y' .cam -�t.c� s��•. A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofb nao��oa-r�r✓. On 7AS tQL6 l�, before me, s� \r��eC . � � k-Kn" , M p , 6\10V% Date c Here insert Name and Title of the Off r f personally appeared N p \N e_ C'�' a_ VV& \A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFERR.DUNN WITNESS my hand and official seal. NotaryPublic— California Santa Barbara county $ Commission # 2196521 Sig My Comm. Expires May 21,2021 Signa re of Nofary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above; Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ti<L.:`.:�.L`.GVGV '�GC✓.LV"�`�.G�G�✓. '�:�G'eiG� '✓Gt✓i.LU.ti '✓GVG�.G�:�Gv.'ei1.G\:2'�.�::."�G`�,.'✓.'ei:�:.<vG�✓.".��.G�-�.ti. 'ei'J'uti'.�%G� EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of land shunted In the Northwest 1/4 of the Northwest 1/4 of Section 33, Townshlp 4 North, Range i west of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows; 9EQINNWO ata 8ra3s Cap marking the northwest corner of said Saction 33; Thence along the north haundary of said Section 33, South 89116'50" East, 1,118.69 feet to a 5/8" Rebar; Thence South 00'43'10" West, 488.98 feet to it 5/8" Rebar; Thence South 08'27'38" West, 73.56 foot to a 5/8" Rebar; Thence South 21'04120" East, 288.36 feet to a 5/8" Rebar; Thence South 07'43'36" Wast, 474.06 feet to a 5/8" Rebar on the north right-of-way line of Five Mlk Creek per a deed recorded In Ronk 226 at Page 66, records of Ada County, Idaho; Thence along said north right-of-way line, North 76.42'20"West,1,183,15 feet to a 5/e' Rebar on the west boundary of sold Section 33; Thence along said west boundary line, North 00.32'37" East, 1,042A9 feet to the FOINTOF MINNINt3. The above-described Parcel contains 1,346,565 square feet ar30,91 acres, more or less, SPECIAL WARRANTY DUM PAat:3 UP4 MOM I uax-Iai EXHIBIT B RESERVED EASEMENTS Grantor reserves easements on, over, under and across the portions of the Property described on this Exhibit B (the "Well Lot" and the "Lift Station Lot", as described below), where municipal well facilities and sewer lift station facilities have been or will be. constructed. By acceptance of title to the Property, Grantee agrees to cause to be executed any instrument requested by Grantor from time -to -time as necessary to effectuate the dedication of the Well Lot, the Lift Station Lot and/or the facilities located thereon to the City of Meridian or oily other governmental entity, including (without liutitation) customary special warranty deeds conveying fee simple title to the Well Lot and/or Lift Station Lot free and clear of all encumbrances made, done or suffered by Grantee. Upon any fee simple dedication of the Well Lot, the Lift Station Lot and/or the facilities to the City of Meridian or oily other governmental entity as provided above, these reserved easements will automatically terminate with respect to the property so dedicated. Grantor agrees to cause to be executed any instrument reasonably requested by Grantee from time -to -time as necessary to confirm the termination of these reserved easements with respect to the property so dedicated. The obligations with respect to these reserved easements run with the land and fire binding on Grantee and Grantee's heirs, successors and assigns, and run to the benefit of Grantor and Grantor's heirs, successors and assigns. Grantor may assign some or all of its rights under these reserved easements to the City of Meridinn or any other governmental entity. Well Lot That certain +/- 19,562 square foot (+/- 0.45 acre) parcel of land legally described in Exhibit A-2 to Instrument No. 114036598. Lift Station Lot That certain +/- 27,918 square foot (+/- 0.64 acre) parcel of land legally described on Exhibit A -t to Instrument No. 2016-092923. 0 SPECIAL WARRANTY DEED PAGIi 4 OR 4 i�iassm paoaral DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF BROOKFIELD HOLDINGS (HAYDEN II) LLC a Delaware limited liability company March 27, 2018 The following action is taken by the Board of Managers of BROOKFIELD HOLDINGS (HAYDEN 11) LLC, a Delaware limited liability company (the "Company"), by unanimous written consent without a meeting. ELECTION OF OFFICERS RESOLVED, that the following persons are duly elected to serve as the officers of the Company by the Board of Managers or until the election and qualification of their respective successors or their earlier resignation or removal: ADRIAN P. FOLEY THOMAS LUI SHANE D. PEARSON ANDREW BRAUSA WILLIAM B. SEITH ROBIN A. RUTHERFORD President Chief Financial Officer Executive Vice President Senior Vice President Secretary Assistant Secretary RESOLVED FURTHER, that the Acceptance of each Officer is attached hereto as EXHIBIT "A„ RESOLVED FURTHER, that except when otherwise authorized or directed by the Board of Managers, or by law, the officers of the Company are authorized to execute, acknowledge and deliver any and all instruments of writing, including but not limited to, subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes, security instruments and such other documentation necessary or appropriate in the ordinary course of business of the Company. Unless specifically authorized by the Board of Managers to the contrary, any and all subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes, loan agreements, partnership agreements and security instruments shall require the signature of two officers of the Company. Contracts involving amounts less than $100,000 and deeds and purchase agreements for the sale of a single family residence shall require the signature of only one officer. RESOLVED FURTHER, that no contract or obligation involving the transfer of a right in any major asset of the Company shall be signed without prior approval of the Board of Managers or any committee thereof duly authorized to give such approval. DocuSlgn Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. Dated: March 27, 2018 DocuSlgned by: ADRIA P. LEY EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Executive Vice President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. Dated: March 27, 2018 DocuSlgned by: r uadn,t, pLars6vu SHA D. PE?.RSON EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Secretary of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018, DATED; March 27, 2018 D)oou'S•igned by: H W'4�GLR ri4 6. 5CNI4 WILLIAM MTH EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Authorized Signing Agent of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. DATED: March 27, 2018 Docuftnedd by: BRI N O EXHIBIT "B" City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6G Project File Number: H-2018-0067 Item Title: Findings of Fact, Conclusion of Law for Findings of Fact, Conclusion of Law for Bountiful Commons Subdivision (H- 2018-0067) by TMEG Properties, LLC, Located at 5960 N. Linder Rd. Meeting Notes: u✓ A PPBOVEU I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for B ountiful Commons Subdivision (H- 2018-0067) by T M E G Properties, L L C, L ocated at 5960 N. L inder Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 8/27/2018 E xhibit A E xhibit 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 2:04 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 171 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0067 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of Six (6) Building Lots on 6.15 Acres of Land in the C-C and L-O Zoning Districts, by TMEG Properties, LLC. Case No(s). H-2018-0067 For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. 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 August 21, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda September 4, 2018 – Page 172 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0067 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 21, 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 21, 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 173 of 461 By action of the City Council at its regular meeting held on the day of em w 2018. ,01 COUNCIL PRESIDENT JOE BORTON VOTED I/` COUNCIL VICE PRESIDENT LUKE CAVENER VOTED X COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED M COUNCIL MEMBER TY PALMER VOTED IP�l COUNCIL MEMBER TREG BERNT VOTED VZ -4 COUNCIL MEMBER GENESIS MILAM VOTED / W MAYOR TAMMY de WEERD VOTED (TIEBREAKER) i Mayor de Weerd QQ09- SED AUGUST' Attest: �° 'o s 01yor w EIDIAN* -- IDAHO C ay Coles s� SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C�i�,Q f Yl� l�(JUt4 Dated: b eA q, City erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0067 - 3 - Boin4,j;.A1 Bountiful Commons H-2018-0067 PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bountiful Commons Subdivision – H-2018-0067 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trevor Gasser, TMEG Properties, LLC, has submitted an application for a preliminary plat (PP) consisting of six (6) buildable lots in the C-C and L-O zoning districts for Bountiful Commons Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on July 19, 2018. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat requests. a. Summary of Commission Public Hearing: i. In favor: Trevor Gasser, Applicant; Joe Marshall, Neighbor, Barbara Badigian, Neighbor; Leonard Badigian, Neighbor; Wendy McKinney, Neighbor ii. In opposition: None iii. Commenting: Joe Marshall, Neighbor; Wendy McKinney, Neighbor iv. Written testimony: Letter from Greg Reynolds; Letter and petition for fence/berm combination from Joe Marshall v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Sonya Allen b. Key issue(s) of Public Testimony: i. Landscape berm and fencing along east boundary between property and residential subdivision to the east (Paramount). c. Key Issues of Discussion by Commission: i. Coordination of berm and/or fence buffer between C-C zoning and residential subdivision to the east between applicant and residents. d. Commission Change(s) to Staff Recommendation: i. Submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. ii. Modified condition 1.1.5 to allow one building permit prior to recordation of the plat. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on August 21, 2018. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: EXHIBIT A Meridian City Council Meeting Agenda September 4, 2018 – Page 175 of 461 Bountiful Commons H-2018-0067 PAGE 2 vii. In favor: Trevor Gasser viii. In opposition: None ix. Commenting: Barbara Badigian; Leonard Badigian x. Written testimony: None xi. Staff presenting application: Sonya Allen xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The difference in elevation between the subject property and the residential properties to the east. ii. Desire for a berm and wall/fence to be constructed along the east boundary of the site adjacent to residential uses. c. Key Issues of Discussion by Council: i. Location of existing fence along residential boundary vs. location of new fence if constructed and the gap (2’+) in between – issue of double fencing unless existing fence is removed; and, ii. The requirement of a berm and a fence or one or the other along the east boundary adjacent to residential uses. d. Key Council Changes to Commission Recommendation i. Add a condition requiring a 3-foot tall berm to be constructed along the east boundary adjacent to residential properties with no new fencing required (see condition #1.1.3d). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0067, as presented in the staff report for the hearing date of August 21, 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-2018-0067, as presented during the hearing on August 21, 2018, for the following reasons: (Add any proposed modifications). Continuance I move to continue File Number H-2018-0067 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 5960 North Linder Road, in a portion of the SW ¼ of the NW ¼ of Section 24, Township 4N., Range 1W. B. Owner/Applicant: Archie Douglas Stewart Trevor Gasser, TMEG Properties Kellie Watkins 74 E 500 South, Suite 200 5960 N. Linder Road Bountiful, UT 84010 Meridian, ID 83646 C. Representative: Alyssa Yensen, KM Engineering 9233 W. State Street Meridian City Council Meeting Agenda September 4, 2018 – Page 176 of 461 Bountiful Commons H-2018-0067 PAGE 3 Boise, ID 83714 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 (Commission); August 3, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: June 22, 2018 (Commission); July 26, 2018 (Council) D. Applicant posted notice on site(s) on: July 5, 2018 (Commission); August 9, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The property consists of property zoned C-C and L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant property, zoned RUT in Ada County. 2. East: Single-family residential property in the Paramount Subdivision, zoned R-8. 3. South: Rural residential property, vacant land and Paramount Village Center, zoned L-O. 4. West: N. Linder Road and single-family residential property in the Lochsa Falls Subdivision, zoned R-4. C. History of Previous Actions: 1. In 2018, the property was annexed and zoned from RUT to C-C as part of the Linder Mixed Use project (H-2017-0095, DA Instrument # 2018-052340). In 2018, the Director approved a PBA (A-2018-0138) to reconfigure the L-O zoned properties. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Linder Road, approximately 575-feet south of the southwest corner of the subject site. 2. Location of water: A water main intended to provide service to the subject site currently exists in S. Linder Road. 3. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This project does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated Mixed Use - Community (MU-C) and Mixed Use - Neighborhood (MU-N) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Meridian City Council Meeting Agenda September 4, 2018 – Page 177 of 461 Bountiful Commons H-2018-0067 PAGE 4 The MU-C and MU-N designations allow for a variety of uses 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. 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 area encouraged. The applicant proposes to develop the property with 6 commercial lots. As part of the annexation, approval a concept plan was tied to the property through the approval of a development agreement to ensure the development of the site complies with the aforementioned mixed-use standards. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) The subject property will have a 25 foot landscape buffer between the existing residential neighborhood to the east, providing adequate separation between R-8 and the proposed C-C zoned uses. The L-O portion of the site does not abut a residential district or use. 2. “Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas.” (3.06.02B) The subject property will provide office and retail lots adjacent to N. Linder Rd. and will provide community services to the adjoining neighborhoods. 3. “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) A commercial driveway is proposed to provide for cross-access to the north, south and west to reduce access points on Linder Road. 4. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The City’s multi-use pathway system, a segment of which is proposed along the frontage of this site on N. Linder Road, will eventually connect Meridian with adjacent cities. 5. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscaped street buffer is required along N. Linder Road, an entryway corridor, with development of the site. Based on the above analysis, staff finds that the proposed development is consistent with the Comprehensive Plan and recommends approval. 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. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-C and L-O districts consist of a larger scale and broader mix of retail, office, and service uses and typically have access to arterial streets or non-residential collector streets. Meridian City Council Meeting Agenda September 4, 2018 – Page 178 of 461 Bountiful Commons H-2018-0067 PAGE 5 B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C and L-O zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2B-3 for the C-C and L-O zoning districts. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C; within street buffers in accord with UDC 11-3B-7C; and within common areas and along street-facing elevations in accord with UDC 11-3G-3 and 11-4-3-27-F. Street buffers and buffers to residential uses are required as set forth in UDC Table 11-2B-3. A 25-foot landscape buffer is proposed along N. Linder Rd. and the abutting residential use to the east. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat: The proposed plat consists of six (6) commercial building lots on 6.145 acres of land in the C-C and L-O zoning districts (see Exhibit A.2). Existing Structures: There is one existing structure on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2B-3 for the C-C and L-O districts. There are no minimum dimensional requirements in the C-C and L-O districts, staff has reviewed the proposed plat and found it to be in compliance. Dimensional requirements and setbacks will apply upon development of sites. Access: Vehicular access is proposed for this site via one access via N. Linder Road at the south boundary of the site and a north/south drive-aisle that serves as a frontage road to N. Linder Road that stubs to the north and south property lines for interconnectivity with adjacent developments in accord with UDC 11-3A-3. The applicant should provide cross access to all of the properties with the subdivision and parcels north (parcel #S0425223010), west (parcel #S0425233830) and south (parcel #S0425233810) so all of the lots have access to Linder Road until the adjacent parcel to the north develops (Linder Village). Streets: There are no public streets proposed with this development. Meridian City Council Meeting Agenda September 4, 2018 – Page 179 of 461 Bountiful Commons H-2018-0067 PAGE 6 Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 10-foot wide detached sidewalk (multi-use pathway) with this project. A recreational pathway may need to be recorded if ACHD does not require a separate pedestrian easement. Landscaping: The only required landscaping for the proposed development is the 35-foot wide landscape buffer adjacent to N. Linder Road. Staff has reviewed the buffer for conformance with the UDC and finds the landscape buffer generally meets the requirements of UDC 11-3B-7C. Further, the preliminary plat for this project depicts a landscape buffer along the residential use to the east, but is not required until lot development. 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. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11- 3A-7. 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. The applicant is proposing to use City’s domestic water as irrigation, however as noted in UDC 11-3A-15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City’s domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing to construct a mix of retail and office buildings. The applicant has submitted conceptual sample building elevations for future retail and restaurant spaces and office buildings in this development, included in Exhibit A.4. Building materials appear to consist of a mix of variety of stucco, cultured stone and/or masonry with architectural shingles. CZC and DES approval is required prior to issuance of building permit. In accord with the Findings contained in Exhibit C, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: June 8, 2018) 3. Proposed Landscape Plan (dated: June 8, 2018) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda September 4, 2018 – Page 180 of 461 Bountiful Commons H-2018-0067 PAGE 9 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda September 4, 2018 – Page 181 of 461 Bountiful Commons H-2018-0067 PAGE 10 2. Proposed Preliminary Plat (dated: June 8, 2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 182 of 461 Bountiful Commons H-2018-0067 PAGE 13 3. Proposed Landscape Plan (dated: June 8, 2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 183 of 461 Bountiful Commons H-2018-0067 PAGE 14 4. Conceptual Building Elevations Meridian City Council Meeting Agenda September 4, 2018 – Page 184 of 461 Bountiful Commons H-2018-0067 PAGE 15 Meridian City Council Meeting Agenda September 4, 2018 – Page 185 of 461 Bountiful Commons H-2018-0067 PAGE 16 Meridian City Council Meeting Agenda September 4, 2018 – Page 186 of 461 Bountiful Commons H-2018-0067 PAGE 17 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (H-2017-0095, DA Instrument # 2018- 052340). 1.1.2 The preliminary plat included in Exhibit A.2, dated June 8, 2018, shall be revised as follows: a. Other than the shared access to N. Linder Road on the south boundary of the plat, include a note on the plat indicating that direct lot access to N. Linder Rd. is prohibited in accord with UDC 11-3A-3. b. The developer shall grant a cross-access/ingress-egress easement to all of the properties within the boundary of the plat and those parcels located to the north (parcel #S0425223010), west (parcel #S0425233830) and south (parcel #S0425233810) in accord with UDC 11-3A-3. A recorded copy of the easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application for the development. 1.1.3 The landscape plan included in Exhibit A.3, dated June 8, 2018, shall be revised as follows: a. There are existing trees on the site that are going 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 shall be noted on the landscape plan submitted with a final plat application. b. Applicant shall construct a 35-foot wide landscape buffer abutting N. Linder Road in accord with UDC 11-3B-7C. c. Applicant shall coordinate with ACHD and construct a 10-foot multi-use pathway along N. Linder Road. The applicant shall submit and record a pedestrian easement over the pathway unless a pedestrian easement is required by ACHD. d. Depict a 3-foot tall berm along the east property boundary adjacent to residential uses. 1.1.4 Comply with ACHD conditions of approval. 1.1.5 Applicant shall record final plat prior to applying for building permit. Applicant is allowed one (1) building permit prior to recordation of the final plat. 1.1.6 The applicant shall obtain approval of Certificate of Zoning Compliance and Design Review application from the Planning Division prior to applying for building permit. 1.1.7 Submit an exhibit depicting proposed fencing and landscape berm combination with the final plat application. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-C and L-O zoning district listed in UDC Table 11-2B-3. 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Meridian City Council Meeting Agenda September 4, 2018 – Page 187 of 461 Bountiful Commons H-2018-0067 PAGE 18 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 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. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 The street buffer shall be maintained by an owner or the business association as set forth in UDC 11-3B-7C-2b and 11-3B-13. 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 188 of 461 Bountiful Commons H-2018-0067 PAGE 19 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend the 8-inch diameter water main to north property boundary for future tie-in. 2.1.3 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. 2.1.4 A future installation agreement for streetlights on N. Linder Road may be considered due to upcoming construction by ACHD on N. Linder Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 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. 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 189 of 461 Bountiful Commons H-2018-0067 PAGE 20 (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 applicant’s design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash Meridian City Council Meeting Agenda September 4, 2018 – Page 190 of 461 Bountiful Commons H-2018-0067 PAGE 21 deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not provide comments on this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have 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. 4.2 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. 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. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3.1 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Section D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 80,000 GVW. 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 191 of 461 Bountiful Commons H-2018-0067 PAGE 22 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 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. 4.8 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. 4.9 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. 4.10 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. 4.11 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.12 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.13 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 4.14 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. 4.14.1 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) 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Provide a road trust deposit in the amount of $16,750.00 to pay for 5-foot wide detached concrete sidewalk to be constructed abutting the site, as part of ACHD’s Linder Road widening project. Meridian City Council Meeting Agenda September 4, 2018 – Page 192 of 461 Bountiful Commons H-2018-0067 PAGE 23 7.1.2 Construct one temporary full access driveway onto Linder Road located at the site’s south property line. The driveway is restricted to a maximum width of 36-feet. Construct the driveway as a curb return type driveway. Pave the driveway, its full width at least 30-feet into the site beyond the edge of Linder Road. The driveway may be restricted in the future as traffic conditions warrant; as determined by ACHD. 7.1.3 Payment of impact fees is due prior to issuance of a building permit. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. Meridian City Council Meeting Agenda September 4, 2018 – Page 193 of 461 Bountiful Commons H-2018-0067 PAGE 24 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 September 4, 2018 – Page 194 of 461 Bountiful Commons H-2018-0067 PAGE 25 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 City Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to design 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 City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.) (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 considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Meridian City Council Meeting Agenda September 4, 2018 – Page 195 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6H Project File Number: H-2018-0018 Item Title: Findings of Fact, Conclusion of Law for Findings of Fact, Conclusion of Law for Cherry Blossom Subdivision (H- 2018-0018) by Doug Jayo, Jayo Land Development Company, Located at 165 W. Cherry Ln. Meeting Notes: uy APPROVED I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for C herry Blossom S ubdivision (H-2018- 0018) by Doug J ayo, J ayo L and D evelopment C ompany, Located at 165 W. C herry L n. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 8/27/2018 E xhibit A E xhibit 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/27/2018 - 2:00 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 196 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0018 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning District; and Preliminary Plat Consisting of 47 Single-Family Residential Building Lots and 11 Common Lots on 10.25 Acres of Land for Cherry Blossom Subdivision, by Doug Jayo, Jayo Land Development Company, Inc.. Case No(s). H-2018-0018 For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 197 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0018 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 Rezone and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 21, 2018, attached as Exhibit A. A Development Agreement is required as a provision of the Rezone. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda September 4, 2018 – Page 198 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0018 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 21, 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 199 of 461 By action of the City Council at its regular meeting held on the q+h day of P-Mber, 2018. COUNCIL PRESIDENT JOE BORTON VOTED /& COUNCIL VICE PRESIDENT LUKE CAVENER VOTED A COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED / &I COUNCIL MEMBER TY PALMER VOTED `leo COUNCIL MEMBER TREG BERNT VOTED Y(fcll COUNCIL MEMBER GENESIS MILAM VOTED y,f4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.J y Coles City Clerk Mayor de Weerd oeO AUCU O (10 2 City of w E ID�A�'�.- to�►+o \sm SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:0)-U�ru Ucw Dated: J2,0 U&A 4, 40/ F City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0018 - 4 - Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Cherry Blossom Subdivision – RZ, PP (H-2018-0018) Note: The original application submitted by the Applicant contained 59 building lots and 10 common lots. A revised application and preliminary plat was submitted on June 8, 2018 that reflects 12 fewer building lots and a revised lot configuration based on earlier discussions with Staff. The information contained in this report is based on the revised application submittal. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Doug Jayo, Jayo Land Development Company, Inc., has submitted an application for rezone (RZ) of 10.74 acres of land from the R-4 to the R-8 zoning district; and a preliminary plat (PP) consisting of 47 single-family residential building lots and 11 common lots on 10.25 acres of land for Cherry Blossom Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 19, May 17 and June 21, 2018. At the public hearing on June 21st, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jon Breckon, Breckon Land Design (Applicant’s Representative); Howie Long ii. In opposition: Wyatt Dryden; Ingrid Dryden; Debra Nicholson; Todd Hanson; Marjorie Williams; Justin Williams iii. Commenting: Jamie Elliott, Bill Luke iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of the single-story homes proposed and the reduction in the number of homes proposed from the original application; ii. Concern pertaining to an increase in traffic from the proposed development and impact on adjacent residences and children walking to school (there are no sidewalks along 7th St.) – suggestion of a 3-way stop on 7th Street where the crosswalk leading to the school is located at the entry to the development for safety; iii. Desire for more trees to be provided within the development; iv. Would like more of a transition in lot sizes from the adjacent subdivision to the west; v. Concern regarding common driveway (depicted on the plat as W. Cherry Ave.)/private driveway conflicts for the proposed lots and existing properties at the southeast corner EXHIBIT A Meridian City Council Meeting Agenda September 4, 2018 – Page 201 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 2 of the site off N.W. 4th Street and whether or not an easement exists for access to the proposed lots via N.W. 4th St. vi. Concern regarding continuance of irrigation service/rights; vii. Concern regarding safety of children walking down 7th St. & Washington St. with no sidewalks to get to/from school – would like to see pathway through the site for children to use; c. Key Issues of Discussion by Commission: i. The provision of another site amenity as recommended by Staff and what kind of amenity would be appropriate (probably something other than a tot lot since the demographic will be 55+); ii. Concern regarding feasibility of development of the lots at the southeast corner of the site accessed off N.W. 4th St. pertaining to the access. iii. The Commission liked the changes to the plat including the reconfiguration and reduction in the number of lots, single-level homes and increased common area. d. Commission Change(s) to Staff Recommendation: i. Additional site amenity (see condition #1.1.7) e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 21, 2018. At the public hearing, the Council approved the subject RZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jon Breckon, Breckon Land Design (Applicant’s Representative); i. In opposition: None ii. Commenting: Harley Parson; Justin Williams; Kent Brown iii. Written testimony: None iv. Staff presenting application: Sonya Allen v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Would like multi-generational amenities to be provided; ii. Legitimacy of the existing access easement for access to the three proposed lots at the southeast corner of the subdivision from N.W. 4th Street; iii. Would like more of a transition in lot sizes along the west boundary of the development; iv. The alignment of the Cedarburg St/N.W. 7th St. intersection and the crosswalk. c. Key Issues of Discussion by Council: i. Legitimacy of the existing access easement for access to the three proposed lots at the southeast corner of the subdivision from N.W. 4th Street; ii. Determination of what type of amenity should be provided in addition to the multi-use pathway; iii. The provision of a safe pedestrian crosswalk across N.W. 7th St. d. Key Council Changes to Commission Recommendation i. Comply with ACHD’s conditions of approval, specifically if there is a requirement for a crosswalk connection or safe access across N.W. 7th Street. ii. The Council stated a preference for the additional site amenity required in condition #1.1.7 to be children’s play equipment in a tot lot. Meridian City Council Meeting Agenda September 4, 2018 – Page 202 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 3 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0018, as presented in the staff report for the hearing date of August 21, 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-2018-0018, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0018 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 615 W. Cherry Ln., in the NE ¼ of Section 12, Township 3N., Range 1W. (Parcel #R8512250150, R8512250140, S1212120850, and S1212120695). Note: Staff reviewed the warranty deed (recorded as Instrument #329628) for parcel #S1212120695 at the southeast corner of this site included in the plat as Lots 16-19 and has verified it is an original parcel of record as defined in UDC 11-1A-1. B. Owner: Jayo Holdings, LLC 10564 W. Business Park Ln. Boise, ID 83709 C. Applicant: Doug Jayo, Jayo Land Development Company, Inc. 10564 W. Business Park Ln. Boise, ID 83709 D. Representative: Jon Breckon, Breckon Land Design 6661 N. Glenwood St. Garden City, ID 83714 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 30, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: March 23, 2018 (Commission); June 29, 2018 (City Council) Meridian City Council Meeting Agenda September 4, 2018 – Page 203 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 4 D. Applicant posted notice on site(s) on: April 9, 2018 and June 12, 2018; August 7, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The rezone area consists of rural residential land with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Cherry Lane and single-family residential property, zoned L-O 2. West, South & East: Single-family residential properties, zoned R-4 & R-8 C. History of Previous Actions: This property was annexed in 1959 (Ord. #99, Welker Subdivision & J.L. Towne Subdivision) and 1965 (#145, Ayers) without a development agreement. D. Utilities: 1. Location of sewer: Sanitary sewer service to this development will be via new mainline extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue. 2. Location of water: Water service to this development will be via new mainline extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east side of this property and was previously piped. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (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). The applicant proposes to develop this 10.25 acre site with 47 single-family residential detached homes at a gross density of 4.6 dwelling units per acre (d.u./acre) consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Meridian City Council Meeting Agenda September 4, 2018 – Page 204 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 5 The proposed medium density development with single-family detached homes will contribute to the variety of housing types in this area. Staff is unaware of how “affordable” the homes 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 with development of the site in accord with UDC 11-3A-21.  “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E) The Hunter Lateral runs along the east boundary of this site and has been piped.  “Require common area in all subdivisions.” (3.07.02F) Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided within the development. The applicant is proposing 1.11 acres (or 10.8%) of qualified open space within the development (see Exhibit A.4).  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of an existing stub street (W. McFadden Ave.) at the northeast boundary of the site and a new street connecting to N.W. 7th Street to the west near the south boundary of the site.  “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.  “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system east/west through this site near the southern boundary; a multi-use pathway is proposed accordingly. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the existing R-4 and proposed R-8 zoning district. 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- 8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 in accord with the standards listed in UDC 11-3B-7C. Meridian City Council Meeting Agenda September 4, 2018 – Page 205 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 6 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. Rezone The applicant has applied for a rezone of 10.74 acres of land from the R-4 to the R-8 zoning district. The applicant proposes to develop 47 new single-family residential detached homes on the subject property as shown on the preliminary plat included in Exhibit A.2. The gross density of the development is 4.6 units per acre which is consistent with that desired in MDR designated areas per the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone 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 rezone with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of a total of 47 building lots and 11 common lots on 10.25 acres of land in the proposed R-8 zoning district (see Exhibit A.2). The applicant proposes to develop single-family detached homes on this site that are a single-story in height. The subdivision is proposed to develop in one phase. The gross overall density for the subdivision is 4.6 dwelling units per acre (d.u./acre) with a net density of 6.5 d.u./acre. The minimum property size proposed in this development is 4,986 square feet (or 0.11 of an acre) with an average property size of 6,840 square feet (or 0.16 of an acre). This subdivision is proposed to develop in one phase. Existing Structure: There is an existing home and several accessory structures located on the north end of this site that is proposed to be removed. All structures on the site shall be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the proposed R-8 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Access: Two access points are proposed for the larger portion of this development. One via the extension of an existing stub street (i.e. W. McFadden Ave.) from N. Crestmont Dr. at the northeast corner of the site; and another at the southwest corner of the site via N.W. 7th St. Access to the 3 parcels at the southeast corner of the site is proposed via a common driveway from N.W. 4th Street across the adjacent parcel to the east. An access easement is required for access to these lots across Parcel No. S1212120690; the easement should specifically grant access to the proposed lots. The applicant is required Meridian City Council Meeting Agenda September 4, 2018 – Page 206 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 7 to submit a recorded copy of the easement with the final plat application that contains those lots. Stub Streets: Because the area surrounding this site is fully developed, no new stub streets are proposed to adjacent properties. Common Driveways: All common driveways are required to comply with and be constructed per the standards listed in UDC 11-6C-3D. Three common driveways are depicted on the plat that comply with UDC standards. 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 accessed by a common driveway. All lots that abut the common driveway but aren’t taking access from the common driveway shall have driveways depicted on the opposite side of the lot from the common driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings. Landscaping: Landscaping is required to be provided in the subdivision in accord with the standards listed in UDC 11-3B. A 25-foot wide street buffer is required along W. Cherry Lane as set forth in UDC Table 11- 2A-6, landscaped in accord with the standards listed in UDC 11-3B-7C; the proposed landscaping complies with UDC standards. Landscaping is required to be provided in common areas as set forth in UDC 11-3G-3E. Landscaping is required along pathways (micro-paths as well as multi-use pathways) as set forth in UDC 11-3B-12C. Only vegetative groundcover is proposed within Lot 13, Block 4 along the micro-path; a minimum of one (1) tree is required to be provided. No landscaping other than grass is proposed along the north side of the multi-use pathway; no landscaping is proposed between the south side of the pathway and the curb. A minimum 5- foot wide landscape strip is required between the curb and sidewalk with landscaping on both sides of the pathway (including one tree per 100 lineal feet) per the standards listed in UDC 11-3B-12C; or, submit an application for Alternative Compliance for landscaping to only be provided on one side of the pathway since the pathway is taking the place of the sidewalk in that area. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5. Prior to removal of any of the existing trees from the site, the applicant should contact Elroy Huff, City Arborist, to schedule an inspection. All mitigation information should be included on a revised plan. Open Space/Site Amenities: Qualified open space and site amenities are required to be provided with developments 5 acres or more in size per UDC 11-3G-2. Based on the area of the proposed development (i.e. 10.25 acres), a minimum of 1.03 acres of qualified open space and one (1) site amenity is required. The applicant proposes to provide 1.11 acres (or 10.8%) of qualified open space in accord with UDC standards consisting of half the street buffer along W. Cherry Ln. and internal Meridian City Council Meeting Agenda September 4, 2018 – Page 207 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 8 common open space areas greater than 50’ x 100’ in area. (Note: The full buffer width along Cherry was included in the calculations, however, there was also area outside of the 50’ x 100’ area that was not included that makes up the difference.) The applicant proposes to construct a segment of the City’s multi-use pathway system through this site as an amenity along the north side of Cedarburg Street with a micro-path connection to an existing micro-path to the east. Staff recommends an additional amenity such as children’s play equipment (or something else comparable) is provided; the applicant should identify the additional amenity at the Commission hearing. Pathways: The Pathways Master Plan depicts a segment of the City’s 10-foot wide multi-use pathway system east/west through the southern portion of the site. The pathway is required to be constructed in accord with the standards in the Plan and have landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C as noted above under Landscaping. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are proposed throughout the development in accord with UDC standards. A detached sidewalk is typically required along arterial streets; however, because an attached sidewalk exists along W. Cherry Ln., staff is not recommending it be replaced with a detached sidewalk. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by the Nampa and Meridian Irrigation District. A pressure irrigation line/easement is depicted through the middle of Lot 19, Block 4; this easement should be relocated adjacent to a perimeter lot line. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Drainage areas that are counted toward the minimum qualified open space standards are required to comply with the standards listed in UDC 11-3B-11C. Waterways: The Kennedy Lateral runs along the east boundary of this site and has been piped. If there is a NMID easement for the waterway, it’s required to be depicted on the plat. If the easement is greater than 10 feet in width, it is required to be included in a common lot that is a minimum of 20’ wide and outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners in accord with UDC 11-3A-6BD. This section of the lateral is a private users system and is beyond NMID’s jurisdiction; NMID does not claim any easements on this section, per Greg Curtis, NMID. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A- 7. A mix of 6-foot tall open and closed style fencing is depicted on the landscape plan; a detail of the proposed fencing type should be submitted with the final plat application. Building Elevations: The applicant has submitted conceptual building elevations for future homes within this development (see Exhibit A.4). Building materials consist of stucco with Meridian City Council Meeting Agenda September 4, 2018 – Page 208 of 461 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 9 stone veneer accents. Future development should be generally consistent with these elevations and materials. Based on the above analysis, Staff recommends approval of the proposed rezone with the requirement of a development agreement and preliminary plat with the conditions of approval listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 2/8/18) 3. Proposed Landscape Plan (dated: 2/8/18) 4. Qualified Open Space Exhibit (dated: 6/8/18) 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 September 4, 2018 – Page 209 of 461 Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda September 4, 2018 – Page 210 of 461 Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 6/8/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 211 of 461 Exhibit A Page 3 3. Proposed Landscape Plan (dated: 6/8/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 212 of 461 Exhibit A Page 4 Meridian City Council Meeting Agenda September 4, 2018 – Page 213 of 461 - 2 - 4. Qualified Open Space Exhibit (dated: 6/8/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 214 of 461 - 3 - 5. Conceptual Building Elevations Meridian City Council Meeting Agenda September 4, 2018 – Page 215 of 461 - 4 - Meridian City Council Meeting Agenda September 4, 2018 – Page 216 of 461 - 5 - Meridian City Council Meeting Agenda September 4, 2018 – Page 217 of 461 - 6 - Meridian City Council Meeting Agenda September 4, 2018 – Page 218 of 461 - 7 - Meridian City Council Meeting Agenda September 4, 2018 – Page 219 of 461 - 8 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. 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 rezone. The DA shall, at minimum, incorporate the following provisions: a. Development shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the associated conditions of approval in the staff report. b. The developer shall obtain an easement across Parcel No. S1212120690 specifically for access to Lots 16, 17 and 19 at the southeast corner of the site. A copy of the recorded easement shall be submitted to the City prior to or with submittal of the final plat application. c. All homes constructed on the site shall be restricted to a single-story in height as proposed by the Developer. 1.1.2 Based on the preliminary plat included in Exhibit A.2, dated 6/8/18, the final plat shall include the following revisions: a. If there are any irrigation easements greater than 10 feet in width, they shall be included in a common lot that is a minimum of 20 feet in width and outside of a fenced area, unless modified by City Council per UDC 11-3A-6D. If an easement exists for the Hunter Lateral along the east boundary of this site, label it accordingly. b. Re-number the Block numbers – the block on the west side of Cherry Blossom Place and the north side of Cedarburg Street shall be Block 1; and the block on the east side of Cherry Blossom Place, the south side of Cedarburg Street and the north side of W. Cherry Avenue shall be Block 2. c. A pressure irrigation easement is depicted through the middle of Lot 19, Block 4; this easement should be relocated adjacent to a perimeter lot line. d. Lot 18, Block 4 is a common driveway and shall not be named; remove the “W. Cherry Ave.” label. 1.1.3 The landscape plan included in Exhibit A.4, dated 6/8/2018, shall be revised as follows: a. Include mitigation information on the plan for any existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5; contact Elroy Huff, City Arborist, (208-489-0589) to schedule an inspection to determine mitigation requirements prior to removal of any trees from the site. b. Include a minimum of one (1) tree within Lot 13, Block 4 along the pathway as set forth in UDC 11-3B-12C.2. c. Include a detail of the proposed fencing types in accord with the standards listed in UDC 11- 3A-7. Meridian City Council Meeting Agenda September 4, 2018 – Page 220 of 461 - 9 - d. Under Project Information, remove “building size” as there is no minimum building size in the R-8 district; and correct the “lot size” to reflect the minimum required of 4,000 square feet. e. On the north side of Cedarburg Street, a minimum 5-foot wide landscape strip is required between the curb and sidewalk with landscaping on both sides of the pathway per the standards listed in UDC 11-3B-12C. An application for Alternative Compliance may be submitted for landscaping to only be provided on one side of the pathway since the pathway is taking the place of the sidewalk in that area. f. Revise the landscape plan to coincide with the changes to the plat noted above in condition #1.1.3. 1.1.4 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are accessed from common driveways as set forth in UDC 11-6C-3D. The driveways for lots that abut the common driveway but are not taking access from the common driveway shall be depicted on the opposite site of the lot from the common driveway. 1.1.5 The common driveways proposed within the development shall be constructed in accord with the standards listed in UDC 11-6C-3d. 1.1.6 A perpetual ingress/egress easement for the common driveways shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of the recorded easements shall be submitted with the final plat for City Engineer signature. 1.1.7 The applicant shall provide a segment of the City’s multi-use pathway system through this site as proposed and one (1) additional site amenity such as children’s play equipment (or something else comparable); the applicant shall identify a second amenity at the Commission hearing. 1.1.8 The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 1.1.9 All existing structures on the site shall be removed prior to City Engineer signature on the final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. Meridian City Council Meeting Agenda September 4, 2018 – Page 221 of 461 - 10 - 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, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. Meridian City Council Meeting Agenda September 4, 2018 – Page 222 of 461 - 11 - 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included 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. 2.1.2 Water service to Lot 19, Block 4 should come from W Cherry Avenue, not to the back corner of the lot as proposed. 2.1.3 Sanitary sewer and water service to the lots fronting a common driveway shall come from service lines extended from the public right-of-way, and not from mainline extensions within said driveways. 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 223 of 461 - 12 - 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 September 4, 2018 – Page 224 of 461 - 13 - 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 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. 4.4 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 225 of 461 - 14 - 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.6 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. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & 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. 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 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. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 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) to connect NW 7th Street with the proposed Cherry Blossom Place. Pathway may be provided as a 10’ attached sidewalk along the north side of Cedarburg Street (proposed). 6.2 Prior to final approval, the applicant shall submit a public access easement for any additional width required beyond the public street right-of-way (Cedarburg Street) in order to achieve the 10’ multi-use pathway described above to the Planning Division for Council approval and subsequent recordation. 6.3 The applicant shall also submit a public access easement for the micro-pathway depicted between lots 17 & 18, to provide a connection to the existing micro-pathway at W. Maple Drive in the adjacent Midtown Square subdivision to the east. The easement shall be a minimum of 7’ wide (5’ pathway + 1’ shoulder each side). Use standard City template for public access easements. Easement checklist must accompany all easement submittals. 6.4 Construct all pathways per typical paving section(s) as shown in the Meridian Pathways Master Plan Chapter 3. 6.5 The owners (or representative association) of the properties affected by the public access easement(s) shall have an ongoing obligation to maintain the multi-use pathways. Meridian City Council Meeting Agenda September 4, 2018 – Page 226 of 461 - 15 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting the site. 7.1.2 Construct 5-foot wide sidewalk on NW 7th Street abutting the site. 7.1.3 Provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public sidewalk located outside of the dedicated right-of-way. 7.1.4 Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th Street abutting the site. 7.1.5 Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect Cherry Blossom Place. 7.1.6 Construct the knuckle on McFadden Avenue with a minimum 45-foot back of curb radius. 7.1.7 Construct Cherry Blossom Place and Winsford Court as 33-foot street sections with curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-way. 7.1.8 Terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue, as proposed. 7.1.9 Construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg Street within 52-feet of right-of-way. 7.1.10 Construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius. 7.1.11 Pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of pavement on 4th Street. 7.1.12 Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat. 7.1.13 Payment of impact fees is due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of- way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. Meridian City Council Meeting Agenda September 4, 2018 – Page 227 of 461 - 16 - 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda September 4, 2018 – Page 228 of 461 - 17 - 9. NAMPA MERIDIAN IRRIGATION DISTRICT Meridian City Council Meeting Agenda September 4, 2018 – Page 229 of 461 - 18 - 10. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda September 4, 2018 – Page 230 of 461 - 19 - C. Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda September 4, 2018 – Page 231 of 461 - 20 - Meridian City Council Meeting Agenda September 4, 2018 – Page 232 of 461 - 21 - Meridian City Council Meeting Agenda September 4, 2018 – Page 233 of 461 - 22 - Meridian City Council Meeting Agenda September 4, 2018 – Page 234 of 461 - 23 - D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Compre hensive Plan; The Applicant is proposing to rezone the subject property from R-4 to R-8 and develop 47 new single-family residential detached homes at a gross density of 4.6 units per acre consistent with the MDR FLUM designation. The City Council finds the proposed amendment complies with the applicable provisions of the Comprehensive Plan as noted above in Section VII 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; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council 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. d. The map amendment shall not result in an adverse impact upon the deliver y 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). This findings does not apply as the proposed application is for a rezone, not annexation. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in 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 September 4, 2018 – Page 235 of 461 - 24 - 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 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 City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council finds there is public financial capability of supporting services for the proposed development based on comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.) (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 hearing, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda September 4, 2018 – Page 236 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 61 Project File Number: H-2018-0052 Item Title: Findings of Fact, Conclusion of Law for Findings of Fact, Conclusion of Law for Fairbourne Subdivision (H-2018- 0052) by Fairbourne Development, LLC, Located at the Northwest Corner of W. Chinden Blvd. and N. Black Cat Rd. Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for F airbourne S ubdivision (H-2018-0052) by F airbourne Development, L L C, L ocated at the Northwest Corner of W. Chinden Blvd. and N. B lack C at Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F F C L Cover Memo 8/31/2018 E xhibit A Cover Memo 8/31/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 2:03 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 237 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for rezone a portion of property from R-15 (9.71 acres), R-8 (39.71 acres), and C-C (19.48 acres) to R-8 (62.41 acres) and C-C (6.48 acres); A preliminary plat consisting of 176 single-family building lots, 1 commercial building lot and 26 common lots on 66.35 acres of land, and a development agreement modification to be removed from the existing development agreement and to be placed in a new, separate agreement., by Fairbourne Development, LLC. Case No(s). H-2018-0052 For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 238 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 rezone, preliminary plat and development agreement modification are hereby approved per the conditions of approval in the Staff Report for the hearing date of August 21, 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the Meridian City Council Meeting Agenda September 4, 2018 – Page 239 of 461 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 3 - 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 August 21, 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 240 of 461 By action of the City Council at its regular meeting held on the q40 day ofsepkm, 2018. COUNCIL PRESIDENT JOE BORTON VOTED 2 COUNCIL VICE PRESIDENT LUKE CAVENER VOTED /tel COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Vw( COUNCIL MEMBER TREG BERNT VOTED /O COUNCIL MEMBER GENESIS MILAM VOTED I MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y e Weerd fjED Atie�ST Attest: C (IIVor E IDIAN�- IDAHO C.7 Coles s� SEAL City Jerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: CMAIIN Dated: b d 0 1 T City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 4 - Exhibit A Fairbourne Subdivision H-2018-0052 Page 1 of 27 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0052 – Fairbourne Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Fairbourne Development, LLC, has submitted a request for the following:  Request for rezone a portion of property from R-15 (9.71 acres), R-8 (39.71 acres), and C-C (19.48 acres) to R-8 (62.41 acres) and C-C (6.48 acres)  A preliminary plat consisting of 176 single-family building lots, 1 commercial building lot and 26 common lots on 66.35 acres of land.  A development agreement modification to be removed from the existing development agreement and to be placed in a new, separate agreement. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications with the conditions listed 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 July 12, 2018. At the public hearing, the Commission moved to recommend approval of the subject Rezone, Preliminary Plat and Development Agreement Modification requests. a. Summary of Commission Public Hearing: i. In favor: Sam Johnson, (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. How does this development impact the black Cat improvements on the corner with the Costco development? ii. The common lot on the north boundary of the site seems to be hidden from view from the adjacent public streets. Are the Fire and Police departments ok with the design? iii. How will this and other large developments in the area impact traffic congestion on Black Cat Road, Tree Farm Way and Chinden Blvd? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: Meridian City Council Meeting Agenda September 4, 2018 – Page 242 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 2 of 27 i. None The Meridian City Council heard these items on August 21. At the public hearing, the Council approved the subject Rezone, Preliminary Plat and Development Agreement Modification request. a. Summary of City Council Public Hearing: vii. In favor: Sam Johnson (Applicant), Denise LaFever viii. In opposition: None ix. Commenting: Denise LaFever x. Written testimony: None xi. Staff presenting application: Josh Beach xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Discussion on the requirements for a sound wall for residential property and not for commercial property when the properties abut a state highway. d. Key Council Changes to Staff/Commission Recommendation i. Modify condition 1.1.3d to read as follows “The applicant shall provide a berm, or berm/wall combination along the residential portion of the project, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to include a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 20/26 demonstrating compliance with the standards listed in UDC 11-3H-4D. This is only applicable adjacent to the residential frontage to Chinden Blvd. ii. Remove condition 1.1.1d III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0052 as presented in staff report for the hearing date of July 12, 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-2018-0052 as presented in staff report for the hearing date of July 12, 2018, for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Number H-2018-0052 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 NWC of W. Chinden Blvd and N. Black Cat Road, in the SE ¼ of Section 21, Township 4N., Range 1W. B. Owners: HBU Investments MDC, LLC 2701 E. Pine Ave 4740 W. Chinden Blvd Meridian City Council Meeting Agenda September 4, 2018 – Page 243 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 3 of 27 Meridian, ID 83642 Meridian, ID 83646 C. Applicant: Fairbourne Development, LLC 2701 E. Pine Ave. 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 rezone, preliminary plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (Council) D. Applicant posted notice on site(s) on: July 2, 2018 (Commission); July 26, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The land is undeveloped and the recent use has been agricultural. The property does have structures on it that will be removed as part of the proposed development. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Phyllis Canal; Agricultural property, zoned RUT (Ada County) 2. East: Single-family residential property in the Tree Farm Subdivision, zoned R-4 and R-8 respectively, and a commercial nursery, zoned C-C and R-15 3. South: Chinden Blvd and Single-family residences/agricultural land, zoned RUT (Ada County). 4. West: Agricultural and residential, zoned R1 and RUT C. History of Previous Actions:  In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and was granted approval with R-15, R-8 and C-C zoning districts. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. Several addendums to the DA have also been recorded (#107025555 and #107141993). In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat. D. Utilities: 1. Public Works: Location of sewer: The sanitary sewer trunk intended to provide service to this development currently exists in N. Black Cat Road. Location of water: Domestic water service to this development will be provided by Suez Water Idaho, formerly United Water of Idaho. Issues or concerns: None Meridian City Council Meeting Agenda September 4, 2018 – Page 244 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 4 of 27 E. Physical Features: 1. Canals/Ditches Irrigation: There is some existing irrigation infrastructure that crosses the property near the southwest corner. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: There are no designated flood plains on the subject property. 4. Topography: This site is generally flat, except along the rim. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential,” “Low Density Residential” and “Mixed Use Community” on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. Low density residential areas are anticipated to contain up to three dwellings per acre. The proposed preliminary plat includes 176 single-family lots and 1 commercial lot on 66.35 acres for a total gross density of 2.82 dwelling units/acre. The Meridian Comprehensive plan provides guidelines for residential development within ¼ mile of the rim. The Comprehensive Plan suggests that lot sizes in this area should range from one half to one acre in size. Even though the 2.82 dwelling units per acre is below the Comprehensive Plan designation for the “Medium Density Residential” portion, it is important to note that when this property was annexed, a specific concept plan for this entire Tree Farm area was approved by the City Council. The proposed preliminary plat is generally consistent with that concept plan for this portion of the overall annexation area. Thus, staff is of the opinion that the application is compliant with the recommended density for this area as shown on the conceptual plan. The applicant is providing a mixture of lot sizes in order to provide greater housing diversity in the area. The southern 20 acres of the property is designated Mixed Use – Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Meridian City Council Meeting Agenda September 4, 2018 – Page 245 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 5 of 27 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. 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 as Figure 3-3 in the Comprehensive Plan below. 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. • The site plan should depict a transitional use and/or landscaped buffering between commercial and low- or medium-density residential development. • 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 development consists of commercial and residential uses; because the site is fairly small, staff is not recommending a third land use type is provided. Further, because this property is part of a larger mixed-use area, additional land use types should be provided within the overall designation. • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. Because this is a smaller mixed-use development, staff does not recommend these types of facilities are required on this site. 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 applicant has not provided a concept plan, so staff is unaware of whether the applicant will provide these places. Meridian City Council Meeting Agenda September 4, 2018 – Page 246 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 6 of 27 • All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The applicant is proposing a pedestrian pathway from the residential development to the east of the proposed C-C zoned parcel. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. The applicant has coordinated extensively with ACHD on the roads and will comply with their requirements; this also includes compliance with the Master Street Map. • Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein. The proposed development is not within Old Town. In reviewing development applications, the following items will be considered in MU-C areas: • Development should comply with the general guidelines for development in all Mixed-Use areas. See above. • All developments should have a mix of at least three land use types. The applicant is only proposing two types of land uses; staff is not recommending a third land use be provided due to the remaining MU-C designated area. Staff is confident that we will get a third land use type as the area develops to the east and west. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Though this portion of the Mixed Use designation does not meet the minimum of 6 to 12 units/acre, the remaining mixed use area to the east and west will help to make up that difference. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. Conceptual elevations were not submitted for the commercial buildings; elevations submitted in the future for commercial buildings should be consistent with this requirement. • Vertically integrated structures are encouraged. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000-square foot building footprint. For the development of public school sites, the maximum building size does not apply. The maximum building footprint for the C-C zoned parcel shall be limited to 30,000 square feet. • 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. Outdoor seating areas at restaurants do not count towards this requirement. The applicant has not provided a concept plan, so staff is unaware of whether the applicant will provide these places. • Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Meridian City Council Meeting Agenda September 4, 2018 – Page 247 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 7 of 27  “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C)  The applicant is proposing to construct a portion of N. Black Cat Road with their development as well as two stub streets to the west in order to provide future connectivity.  “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 to construct 5-foot detached sidewalks along all of the proposed local streets in the subdivision. Black Cat Road, an arterial street, will have a 5-foot detached sidewalk along the west side as part of this project. Waverton Drive, a collector street, will have 5-foot detached sidewalks constructed on both sides. In addition, several micro-paths are proposed, to provide additional pedestrian connectivity to the surrounding area. The proposed sidewalks and pathways will enhance pedestrian connectivity in this area.  “Require common area for all subdivisions.” (3.07.02F) The applicant has provided 8.97 acres (14.4%) of open space which exceeds the ten percent requirement of open space set forth in the UDC.  “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 applicant has worked with the adjacent property owners and they have entered into an agreement to dedicate the Right-of-way required to construct N. Black Cat Road.  “Protect and conserve existing waterways, groundwater, wetlands, wildlife habitat, air, soils, and other natural resources.” (5.01.01) Staff has concerns with the topography of the property as the future N. Black Cat Road crosses over the Phyllis Canal. The applicant will need to address this topography on their plat. This includes a requirement that a common lot be provided in the northwest corner of the plat adjacent to lots 46 and 47, Block 6.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant will be required to provide two stub streets to the west for future connectivity. Additionally, Black Cat Road shall be extended over the Phyllis Canal in the future.  “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of the corridor is 200 feet.  “Require landscape street buffers for new development along all entryway corridors. (2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. The applicant is proposing to install a 45-foot landscape buffer.  “Require all commercial and industrial businesses to install and maintain landscaping. (2.01.03B) The applicant is required to install landscaping meeting the requirements of UDC 11-3B and Meridian City Council Meeting Agenda September 4, 2018 – Page 248 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 8 of 27 must maintain the landscaping.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on Chinden Boulevard and the applicant is proposing to construct internal walkways which will provide safe routes to community gathering places. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts (R-8): 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. Purpose Statement of the Commercial Districts (C-C): The purpose of the C-C district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. C. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as principally permitted uses in the R-8 zoning districts. UDC 11-2B-2 lists a variety of commercial uses as either permitted or conditionally approved depending on the specific use. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 20-foot wide buffer is required to be constructed along N. Black Cat Road and W. Waverton Drive AND a 35 foot landscape buffer is required to be constructed along W. Chinden Blvd in accord with the street buffer landscaping standards listed in UDC 11-3B-7C. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3 F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. G. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 and 11-3C- 6B. H. Structure and Site Design Standards: Development of the commercial portion of the 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 1. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The subject property is governed by a development agreement (DA) recorded as instrument #106151218. As mentioned earlier, the proposed rezone is generally consistent with the concept plan that was approved with The Tree Farm Annexation, and is generally consistent Meridian City Council Meeting Agenda September 4, 2018 – Page 249 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 9 of 27 with the City’s Comprehensive Plan. The applicant is requesting to eliminate the R-15 zoned area, and to reduce the C-C zoning designation. The purpose of the rezone is to reduce the amount of commercial property and to increase the amount of residential property in the area. The applicant shall provide a concept plan for how the commercial property is going to develop or some design principles that they are proposing. The MU-C designation requires certain design criteria. For example some design principles include limited access, parking to the side and rear of the structures, and open space or plazas. Development Agreement (DA): As part of this application, staff is requiring that the applicant enter into a new development agreement for the property subject to the requirements specified in Exhibit B of the staff report. Preliminary Plat: The proposed plat consists of one hundred seventy-six (176) single family building lots, one (1) commercial lot and twenty-six (26) common lots on 66.35 acres of land. The R-8 and C-C zoning districts are appropriate for the proposed development. The gross density for the subdivision is 2.82 d.u./acre. The R-8 portion of the project is 62.41 acres of land. This portion consists of 176 single-family residential lots. The approximate gross density for the R-8 portion of the project is 2.82 dwelling units per acre, which is slightly under the target density of the MDR land use designation. The C- C portion of the project consists of one commercial lot and is approximately 4.8 acres in size. The applicant proposes to develop the property in four phases. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 district and Table 11-2B-3 for the C-C district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 and C-C dimensional 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 found it to be in compliance with the aforementioned standards. Common Drives: There are four common driveways proposed. The applicant is proposing Lots 19-21, 33-35, and 43-45 of Block 7, and 15-16 of Block 1 take access from common driveways. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. The applicant shall provide the required exhibits with the submittal of a final plat application. One of the common driveways (Lot 18, Block 7) will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs. State Highways: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the ½ mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatement in compliance with UDC 11-3H-4D and ITD’s design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11-3H-4C3). Meridian City Council Meeting Agenda September 4, 2018 – Page 250 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 10 of 27 Access: Access to this development will be provided from N. Black Cat Road. The applicant has discussed the extension of N. Black Cat Road and N. Tree Farm Way with the adjacent property owner and with representatives of ACHD. This road should be constructed with the first phase of development. The access to the commercial parcel shall be off of Waverton Drive. Direct access to Black Cat shall not be permitted with this development. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Landscaping, Open Space and Amenities: The applicant is proposing 8.97 acres (14.4%) of open space for the development. The applicant is also proposing to include a clubhouse, pool, children’s play structure and a pedestrian walking path as amenities for the subdivision. Based on the acreage of the plat, the applicant has met the requirements of UDC 11-3G in regards to the number of amenities required for the subdivision. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot are with the exception of an allowable 10 feet that can be improved with gravel. The Meridian Police and Fire Departments have concerns about the open space being proposed for Lot 28, Block 3. This area will have limited visibility due to the fact that there is no current proposal for a public road north of Highland Falls Drive. Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this are in the adjacent lots. If the area isn’t included in a common lot, the applicant will need to provide revised open space calculation in order to ensure compliance with the requirement of 10% open space for the development. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Fencing: The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A-7A.7. Any future fencing proposed for the development must comply with the fencing regulations set forth in UDC 11-3A-7. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation (PI) systems be supplied by a year-round source of water. The applicant shall be required to utilize 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. An underground, pressurized irrigation system is required to be installed in accordance with UDC 11- 3A-15. Meridian City Council Meeting Agenda September 4, 2018 – Page 251 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 11 of 27 Building Elevations: The submitted elevations depict a mix of building materials, decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd 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. Multi-Use Pathway: A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for any commercial structures, including the clubhouse. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 5/4/2018) 3. Proposed Landscape Plan (dated: 5/2/2018) 4. Conceptual Building Elevations (Commercial and Residential) 5. Conceptual commercial site plans B. Agency & Department Comments/Conditions C. Rezone Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda September 4, 2018 – Page 252 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 9 of 27 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda September 4, 2018 – Page 253 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 10 of 27 2. Proposed Preliminary Plat (dated: 5/4/2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 254 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 11 of 27 3. Proposed Landscape Plan (dated: 5/2/2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 255 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 13 of 27 4. Conceptual Building Elevations (Commercial and Residiential) Meridian City Council Meeting Agenda September 4, 2018 – Page 256 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 14 of 27 Meridian City Council Meeting Agenda September 4, 2018 – Page 257 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 15 of 27 Meridian City Council Meeting Agenda September 4, 2018 – Page 258 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 16 of 27 5. Conceptual commercial site plans Meridian City Council Meeting Agenda September 4, 2018 – Page 259 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 17 of 27 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 and the acceptance of a final plat application, 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 City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd 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. c. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. d. The access to the commercial parcel shall be from Waverton Drive. Direct access to Black Cat shall not be permitted with this development. e. The maximum building footprint for the C-C zoned parcel shall be limited to 30,000 square feet. f. The clubhouse and pool shall be constructed with the first phase of development. g. The applicant shall dedicate/preserve the ROW for the future widening of Chinden Blvd. h. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. i. The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11- 3H-4C3). 1.1.2 The preliminary plat, dated 5/4/2018, is approved with the following changes: a. Bollards and no parking signs shall be installed on common driveway Lot 18, Block 7 which will serve as an emergency access. 1.1.3 The landscape plan included in Exhibit A.3, dated 5/2/2018, is approved with the following changes: a. Fencing adjacent to all pathways and common open space shall meet the requirements of UDC 11-3A-7. b. Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this area in the adjacent lots. Meridian City Council Meeting Agenda September 4, 2018 – Page 260 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 18 of 27 c. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot area with the exception of an allowable 10 feet that can be improved with gravel. d. The applicant shall provide a berm, or berm/wall combination along the residential portion of the project, Provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to include a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 20/26 demonstrating compliance with the standards listed in UDC 11-3H-4D. This is only applicable adjacent to the residential frontage to Chinden Blvd. e. A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. 1.1.4 If the area along the Phyllis Canal is combined with the buildable lots, the applicant shall provide revise open space calculation in order to ensure that the 10% open space requirement is met. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with the final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. 1.1.5 Prior to the Planning and Zoning Commission the applicant shall provide a concept plan for the commercial parcel. On the concept plan the applicant shall incorporate the design concepts that we find to be appropriate on the parcel. 1.1.6 Comply with all of ACHD conditions of approval. 1.1.7 CZC and DES must be submitted for review approval prior to applying for any building permits for Lot 2, Block 7 and Lot 18, Block 4. 1.1.8 Prior to the Planning and Zoning Commission, the applicant shall provide a revised concept plan showing how the C-C zone parcel will develop. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 and C-C zoning districts listed in UDC Tables 11-2A-5 and 11-2B-3. 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. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. Meridian City Council Meeting Agenda September 4, 2018 – Page 261 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 19 of 27 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda September 4, 2018 – Page 262 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 20 of 27 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat 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 2.1.2 Water service to this development will be from the Suez North America’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). 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. 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 263 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 21 of 27 (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. 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 264 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 22 of 27 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 Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this area in the adjacent lots. 4. FIRE DEPARTMENT 5.1 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. 5.2 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. 5.3 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. 5.4 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. 5.5 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. 5.6 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in Meridian City Council Meeting Agenda September 4, 2018 – Page 265 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 23 of 27 length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 5.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 5.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 5.9 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. 5.10 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). 5.11 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. 5.12 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. 5.13 Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that are wrench activated or an approved equal. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments. 7. ADA COUNTY HIGHWAY DISTRICT AT THE TIME OF THIS STAFF REPORT A STAFF REPORT FROM ACHD HAD NOT BEEN RECEIVED. 8. IDAHO TRANSPORTATION DEPARTMENT 8.1 This project does not abut the State highway system. 8.2 This development has a completed Traffic Impact Study which has been reviewed and commented on by ITD. A copy of the Review Letter is attached. 8.3 Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 8.4 IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for ITD’s Headquarters Right-of-Way Section at (208) 334- 8832 for more information. 8.5 ITD objects to the Preliminary plat application due to traffic concerns. ITD will withdraw any objection to the Preliminary plat application once all requirements of the TIS review letter have been addressed with ITD Staff. ITD does not object to the Rezone application and the request to remove the development from an existing development agreement and place in a new, separate agreement for Fairbourne Subdivision Meridian City Council Meeting Agenda September 4, 2018 – Page 266 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 24 of 27 Required Findings from Unified Development Code 1. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to the R-8 and C-C zoning districts consistent with the adjacent Medium Density Residential and Community Commercial land use designations. Therefore, City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that the proposed map amendment to the R-8 and C-C zoning districts is generally consistent with the purpose statement of the district. c. The map amendment shall not be materially detrimental to the public heal th, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. City Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and 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. b. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat with 177 building lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda September 4, 2018 – Page 267 of 461 Exhibit A Fairbourne Subdivision H-2018-0052 Page 25 of 27 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; City Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. City Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which City Council is unaware. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The City Council referenced any public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which City Council is unaware. Meridian City Council Meeting Agenda September 4, 2018 – Page 268 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6J Project File Number: H-2018-0023 Item Title: Findings of Fact, Conclusion of Law for Findings of Fact, Conclusion of Law for Denial for Tanner Creek Subdivision (H-2018-0023) by Schultz Development, Located at 505, 521, 615 and 675 W. Waltman Ln. Meeting Notes: /� C"6'tfJ I TEM SHEET C ouncil Agenda I tem - 5.J . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for D enial for Tanner Creek Subdivision (H-2018-0023) by S chultz Development, L ocated at 505, 521, 615 and 675 W. Waltman L n. Staf f requests to continue this item to the September 11, 2018 meeting. C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 2:53 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 269 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6K Project File Number: H-2018-0084 Item Title: Final Order Final Order for Bountiful Commons Subdivision (H-2018-0084) by TMEG Properties, LLC, Located at 5960 N. Linder Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for Bountiful Commons Subdivision (H-2018-0084) by T M E G Properties, L L C , Located at 5960 N. L inder Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 8/27/2018 E xhibit A E xhibit 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 2:04 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 270 of 461 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BOUNTIFUL COMMONS – FP H-2018-0084 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 21, 2018 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF SIX (6) BUILDING LOTS ON 6.15 ACRES OF LAND IN THE L-O AND C-C ZONING DISTRICTS FOR BOUNTIFUL COMMONS SUBDIVISION BY: TMEG PROPERTIES, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0084 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 21, 2018 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING BOUNTIFUL COMMONS SUBDIVISION, SITUATED IN A PORTION OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN DATE: 7/31/2018, by KELLY KEHRER, PLS, SHEET Meridian City Council Meeting Agenda September 4, 2018 – Page 271 of 461 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BOUNTIFUL COMMONS – FP H-2018-0084 Page 2 of 3 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated August 21, 2018, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an Meridian City Council Meeting Agenda September 4, 2018 – Page 272 of 461 interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the A P-Oernber , 2018. 4-W) oEo AUoGs ; M yor(2,t f Meridian Attest: 20 -�) Cil.v of w E IDIAN .a IDAHO C&&y Coles x� AL City Clerk °fthe TREK` day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:C)JdAL&V64 Dated: S, 4A `4 cQ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BOUNTIFUL COMMONS — FP H-2018-0084 Page 3 of 3 Bountiful Commons – FP H-2018-0084 PAGE 1 STAFF REPORT MEETING DATE: August 21, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bountiful Commons – H-2018-0084 I. APPLICATION SUMMARY The applicant, TMEG Properties, LLC, has applied for a final plat (FP) consisting of six (6) building lots on 6.15 acres of land in the L-O and C-C zoning districts for Bountiful Commons Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bountiful Commission final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0084 as presented in the staff report for the hearing date of August 21, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2018-0084, as presented during the hearing on August 21, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0084 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 at 5960 N. Linder Rd., in the northwest ¼ Section 25, T. 4N., R. 1W. B. Applicant: Trevor Gasser, TMEG Properties, LLC 74 East 500 South, Suite #200 Bountiful, UT 84010 C. Owner: Same as applicant EXHIBIT A Meridian City Council Meeting Agenda September 4, 2018 – Page 274 of 461 Bountiful Commons – FP H-2018-0084 PAGE 2 D. Representative: Kelly Kehrer, KM Engineering, LLP 9233 W. State Street Boise, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts six (6) building lots on 6.15 acres of land in the L-O and C-C zoning districts. Development is required to comply with the dimensional standards of the L-O and C-C zoning districts listed in UDC Table 11-2B-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found the final plat to be in substantial compliance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. At the Commission hearing for the preliminary plat, there was discussion regarding the type of land use buffer/fencing to be provided along the east boundary. A condition of approval was added for the applicant to submit an exhibit with the final plat application depicting the proposed fencing and landscape berm combination. The applicant has submitted 2 different options for the buffer – one with a landscaped berm and no new fencing; and one with landscaping and a new 6’ tall fence without a berm (see Exhibit E). If the latter option is chosen, a 2’ wide area would be created between the proposed fence and the existing fence as the existing fence is constructed approximately 2’ inside the property line. The type of buffer should be determined by Council at the public hearing for the preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (H-2017-0095, Development Agreement Instrument #2018-052340) and preliminary plat (H-2018-0067). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of approval of the preliminary plat; or, apply for a time extension on 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 The Land Group, stamped on 7/31/18 by Kelly Kehrer, shown in Exhibit C shall be revised as follows: a. Include the recorded instrument number of the City of Meridian sewer and water easement graphically depicted on Sheet 1. b. Include the recorded instrument number of the 30’ cross-access easement graphically depicted on Sheet 1. c. Note #12, Sheet 2: Include the recorded instrument number. d. Note #13, Sheet 2: Include the recorded instrument number. e. Graphically depict and include a note(s) referencing the cross-access/ingress-egress easement required with the preliminary plat between all lots within the subdivision and to the parcels to the north (#S0425223010), west (#S0425233830) and south (#S0425233810); include the recorded instrument number(s) on the plat. Meridian City Council Meeting Agenda September 4, 2018 – Page 275 of 461 Bountiful Commons – FP H-2018-0084 PAGE 3 5. The landscape plan prepared by The Land Group, dated 7/31/18, shown in Exhibit D, is approved as submitted. shall be revised as follows: a. Depict a 3-foot tall berm along the east boundary of the site adjacent to existing residential uses landscaped in accord with the standards listed in UDC 11-3B-9C. 6. The applicant shall submit a minimum 14-foot wide public pedestrian easement for the multi-use pathway within this phase to the Planning Division for approval by City Council and recordation prior to signature on the final plat by the City Engineer. 7. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 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 for this subdivision. 8. To comply with the mitigation requirements listed in UDC 11-3B-10C.5 for existing healthy trees that are removed from the site, provide an additional 25 caliper inches of trees per lot in Lots 1-6, Block 1 when lots develop above and beyond the minimum required; or, per the City Arborist report, donate 25 caliper inches per lot to the City Park’s Department – coordinate tree donation with Elroy Huff, Park’s Department (ehuff@meridiancity.org) – per the Mitigation Plan in Exhibit D. 9. One (1) building permit is allowed to be issued prior to recordation of the final plat. Prior to issuance of this building permit, minimum life safety site improvements must be completed (sanitary sewer and water installed and activated, a compacted road base is in place, and directional street signage is installed). 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. A street light plan will need to be included in the development plans. 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 12. A future installation agreement for streetlights on N. Linder Road may be considered due to upcoming construction by ACHD on N. Linder Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 13. Construct a minimum 25-foot wide buffer containing a 3-foot tall berm along the east boundary of the site adjacent to residential uses; the type of buffer/fencing to be provided to be determined by the City Council with approval of the preliminary plat application. 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 276 of 461 Bountiful Commons – FP H-2018-0084 PAGE 4 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 th e final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 277 of 461 Bountiful Commons – FP H-2018-0084 PAGE 5 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 6/8/18) C. Proposed Final Plat (dated: 7/31/18) D. Proposed Landscape Plan & Tree Mitigation Plan (dated: 7/31/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 278 of 461 Bountiful Commons – FP H-2018-0084 PAGE 6 E. Cross-Sections of Landscape Buffer along East Property Boundary Adjacent to Existing Homes Meridian City Council Meeting Agenda September 4, 2018 – Page 279 of 461 Bountiful Commons – FP H-2018-0084 PAGE 7 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda September 4, 2018 – Page 280 of 461 Bountiful Commons – FP H-2018-0084 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 6/8/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 281 of 461 Bountiful Commons – FP H-2018-0084 PAGE 9 Exhibit C – Proposed Final Plat (dated: 7/31/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 282 of 461 Bountiful Commons – FP H-2018-0084 PAGE 10 Meridian City Council Meeting Agenda September 4, 2018 – Page 283 of 461 Bountiful Commons – FP H-2018-0084 PAGE 11 Exhibit D – Proposed Landscape Plan (dated: 7/31/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 284 of 461 Bountiful Commons – FP H-2018-0084 PAGE 12 Meridian City Council Meeting Agenda September 4, 2018 – Page 285 of 461 Bountiful Commons – FP H-2018-0084 PAGE 13 F. Cross-Sections of Landscape Buffer along East Property Boundary Adjacent to Existing Homes Meridian City Council Meeting Agenda September 4, 2018 – Page 286 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6L Project File Number: Item Title: Exchange Agreement, Easement and Deed Exchange Agreement, Easement, and Deed for property exchange at well lot 28 Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.L . Presenter: Estimated Time f or P resentation: Title of I tem - Exchange Agreement, E asement, and D eed for property exchange at well lot 28 T hese are the documents that the Mayor was authorized to sign by Ordinance 18-1789. Sky Mesa East L L C is the successor in interest to Woodside Harris L L C, the party ref erenced in the Ordinance. C ouncil Notes: D O NO T R E C O R D T HE S E D O C UME NT S. L egal D epartment will deliver them to E scrow AT TAC HM E NT S: Description Type Upload D ate E xchange Agreement Cover Memo 8/30/2018 A ccess E asement Cover Memo 8/30/2018 Deed Cover Memo 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/30/2018 - 12:43 P M L egal.B aird, Ted Approved 8/30/2018 - 2:56 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 287 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 288 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 289 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 290 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 291 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 292 of 461 Liih Dated this 44ay Sepkrnber of , 2018 THE CITY OF MERIDIAN ' PQ ` O Tammy de/yeerd, Mayor �2G vV ATTEST:- C(—Jay TTESTC J y Col zty Clerk -300 to A �S T �'ilvu/' o w . E IDIAN�. SEAL / COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 6 �\ Meridian City Council Meeting Agenda September 4, 2018 – Page 294 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 295 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 296 of 461 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Meridian City Clerk 33 East Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2018-102265 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 10/26/2018 12:04 PM CITY OF MERIDIAN, IDAHO NO FEE ACCESS EASEMENT (Space Above For Recorder's Use) This Access Easement is made effective this _ - day of _ d_ ; 2018, by and between Sky Mesa East, LLC ("Grantor"), and City of Meridian ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property on E. Taconic Drive in the Blackrock Subdivision No 1 in Meridian Idaho, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property on E. Taconic Drive in the Blackrock Subdivision No 1 in Meridian Idaho, as more fully described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as legally described in Exhibit C depicted on Exhibit D under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location legally described in Exhibit C ("Easement"). 2. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to the City of Meridian Well No 28 for the City of Meridian and its respective representatives, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement. ACCESS EASEMENT -1 DOCUMENT IV.B 071305 1500 BOI MT2:586959.1 Meridian City Council Meeting Agenda September 4, 2018 – Page 298 of 461 deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: a. Such Easement is accepted by the public entity for maintenance as a public street or drive; and b. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: SKY MESA EAST, LLC Travis Hunter, Manager STATE OF IDAHO ss County of Ada ) l� Tr-nv�S HunKr This record was acknowledged before me on 30'IX (date) by , on behalf of Sky Mesa East, LLC, in the following representative capacity: Manager .a •' • t� S Notary Signature • = • My Commission Expires: TE OF GRANTEE: THE CITY OF MERIDIAN Tanury 7 erd, Mayor ACCESS EASEMENT - 3 DOCUMENT IV.B 071305 1500 DOI MT2:586959.1 ATTES ay Cole , ity Clerk STATE OF IDAHO, ) : ss. County of Ada ) /GP uT� G � C IIY UC W C' E IDIgN� 4 IDAHD SEAL the This record was acknowledged before me on q-4;2618(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. �• �V Ch a W oj- -y, ' NR y Notary Signature -trz (.dam), t dAm �'' p My Commission Expires: 3 -A 8 •aDa a •••gone•• —TA ACCESS EASEMENT - 4 DOCUMENT IV.B 071305 1500 BOI_MT2:586959.1 Meridian City Council Meeting Agenda September 4, 2018 – Page 301 of 461 0. ■ i (Grantee's Property) 4 - Parcel 1 as identified in Record of Survey No t 6U- , recorded on the day of 2018 in the records of Ada County Idaho, identified as Instrument Number ACCESS EASEMENT - 6 DOCUMENT IV.B 071305 1500 BOI MT2:586959.1 Meridian City Council Meeting Agenda September 4, 2018 – Page 303 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 304 of 461 RECORDING REQUESTED BYAND TVHEN RECORDED RETURN TO: Sky Mesa East LLC 729 S. Bi-idgeway Place Eagle, Idaho 83616 ADA COUNTY RECORDER Christopher D. Rich 2018-102212 BOISE IDAHO Pgs=3 HEATHER LUTHER 10/26/2018 10:59 AM CITY OF MERIDIAN, IDAHO NO FEE (Space Above For Recorder's Use) For value received THE CITY OF MERIDIAN, an Idaho Municipal Corporation ("Grantor"), conveys, grants, bargains, and sells to Sky Mesa East, LLC ("Grantee"), whose current address is 729 S. Bridgeway Place Eagle, Idaho 83616, and its successors and assigns forever, the following described real property situated in Ada County, State of Idaho: See attached Exhibit A SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the real property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property; that the real property is free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. *kAIN WITNESS WHEREOF, the Grantor has executed this instrument on this day of W, 2tt4. 2. o i a GRANTOR 19 1* LWQ VIX1113-021 A 9 Tammy de d, Mayor WARRANTY DEED -1 STATE OF IDAHO, ) . ss. County of Ada ) QORp,TEDA[J�,GS i f'ily of � w E IDIgN� SEAL / This record was acknowledged before me on q -y'26 18 (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) •0.... .. • .•3,1,�'.LS '•. WARRANTY DEED - 2 ct"woaq- Notary Signature My Commission Expires: 3'x2 "cR o2 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk Cio, ofMe•idian 33 E. Broachve Avenue Met-idian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2018-102217 BOISE IDAHO Pgs=3 LISA BATT 10/26/2018 11:00 AM CITY OF MERIDIAN, IDAHO NO FEE (Space Above For Recorder's Use) For value received Sky Mesa East, LLC ("Grantor"), conveys, grants, bargains, and sells to The City of Meridian, Idaho, an Idaho Municipal Corporation, ("Grantee"), whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and its successors and assigns forever, the following described real property situated in Ada County, State of Idaho: See attached Exhibit A SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the real property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property; that the real property is free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. Signature to follow on next page IN WITNESS WHEREOF, the Grantor has executed this instrument on this ift day of 2014. krtrh g a -a' � � 9 , SKY MESA EAST, LLC Travis Hunter, Manager STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on . 4- 5 -1 S (date) by Travis Hunter, on behalf of Sky Mesa East, LLC, in the following representative capacity: Manager WARRANTY DEED - 2 rdAK 44�A Notary Signature A,/Tk0*o My Commission Expires: Lead® Description Sky Mesa East, LLC to the ON of Meridian - Exchange Parcel e 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 hof 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 % of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 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 0001'24" 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 0000'49" 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 89059'15" 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. WARRANTY DEED - 3 EXHIBIT A 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. WARRANTY DEED - 3 Meridian City Council Meeting Agenda September 4, 2018 – Page 307 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6M Project File Number: Item Title: Approval of Award of Bid to RMT Equipment Approval of Award of Bid to RMT Equipment for "Parks Turf Sprayer " equipment for a Not -To -Exceed amount of $65,253.00. Meeting Notes: u✓ APPROS I TEM SHEET C ouncil Agenda I tem - 5.M. Presenter: Estimated Time f or P resentation: Title of I tem - Approval of Award of B id to RM T E quipment for “Parks Turf Sprayer ” equipment for a Not-To-Exceed amount of $65,253.00. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 8/28/2018 B id Results Cover Memo 8/28/2018 B udget R eport Cover Memo 8/28/2018 O verspend Authorization Cover Memo 8/28/2018 S igned P urchase Requisition Cover Memo 8/28/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 8/28/2018 - 1:58 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 308 of 461 Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Jeremy Aldrich; Roger Norberg; Keith Watts Date: 08/28/2018 Re: September 4 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 4 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and to RMT Equipment for “Parks Turf Sprayer ” equipment for a Not-To-Exceed amount of $65,253.00. Recommended Council Action: Award of Bid and Approval of Purchase Order to RMT Equipment for the Not-To-Exceed amount of $65,253.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda September 4, 2018 – Page 309 of 461 E IDIAN BID RESULTS BID NAME: PARKS SPRAYER 2:30DUE DATE & TIME: Au ust 13 2018 BID NUMBER: PKS-1852-10948 Opened by Attest: ,l)n/^ e-;?t*- "l *bq,e, VENDOR I t. btclA '<- aK,'/1,\,?,02 Y')aD .d0 I x to5, R54,ff>4 OD(n oIIIIIIII aJtE-'4rllrlr- IW IIIII IIII IDAHO lE IElolti BID AMOUNT Meridian City Council Meeting Agenda September 4, 2018 – Page 310 of 461 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5210 - Parks Maintenance Division 01 - General Fund From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 94400 Capital - Equipment 93,500.04 0.00 93,500.04 100.00% 0000 NON-DEPARTMENTAL 0.00 30,519.12 (30,519.12)0.00% Total Capital Outlay 93,500.04 30,519.12 62,980.92 67.36% TOTAL EXPENDITURES 93,500.04 30,519.12 62,980.92 67.36% Date: 8/28/18 11:07:06 AM Page: 1Meridian City Council Meeting Agenda September 4, 2018 – Page 311 of 461 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! Meridian City Council Meeting Agenda September 4, 2018 – Page 312 of 461 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 S e p t e m b e r 4 , 2 0 1 8 – P a g e 3 1 3 o f 4 6 1 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6N Project File Number: Item Title: Fifth Amendment to Professional Services — Trauma Intervention Fifth Amendment to Professional Services Agreement with Trauma Intervention Programs, Inc. (TIP) for an amount not to exceed $12,769 Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.N. Presenter: J eff Lavey Estimated Time f or P resentation: 1 minute Title of I tem - F ifth Amendment to P rofessional Services Agreement with T rauma Intervention P rograms, Inc. (T I P ) for an amount not to exceed $12,769 Extens io n o f agreement with T I P fo r trauma-res pons e services to P o lice Dep artment, thro ugh F Y19. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F ifth A mendment to T I P Agreement Cover Memo 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/27/2018 - 5:05 P M L egal.B aird, Ted Approved 8/30/2018 - 2:56 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 314 of 461 FIFTH AMENDMENT to PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. This FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. ("Fifth Amendment") is made this 44" day of September, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Trauma Intervention Programs, Inc., a nonprofit organization organized under the laws of the State of California ("TIP") (collectively, "Parties"). WHEREAS, on May 27, 2014, the Parties entered into an Agreement entitled, "Professional Services Agreement with Trauma Intervention Programs, Inc." ("May 27, 2014 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of comprehensive emotional and practical support services, on an as -needed basis, to victims of emergency situations and traumatic events; WHEREAS, the Parties wish to extend the term of the May 27, 2014 Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the May 27, 2014 Agreement, TIP and the City hereby agree and contract as follows: I. Provisions modified. A. Section III of the May 27, 2014 Agreement shall be amended to read as follows: III. TERM. This Agreement shall expire on September 30, 2019, unless earlier terminated or extended in the manner as set forth in this Agreement. B. Section IV of the May 27, 2014 Agreement shall read as follows: IV. PAYMENT. Within thirty (30) days of receipt of invoice; completed W-9 form; proof of insurance as required by this Agreement; and execution of agreements with City of Eagle, City of Garden City, City of Kuna, City of Meridian, City of Star, and Ada County Sheriff's Office, City shall pay TIP a maximum amount of twelve thousand, seven hundred and sixty-nine dollars ($12,769.00) for the services to be performed hereunder. It is understood by the Parties that this amount represents twelve cents per City resident (i.e. 106,410 persons times 00.12 cents per person). City shall not withhold any federal or state income taxes from any payment made by City to TIP under this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of TIP. II. All other provisions in effect. Except as expressly modified by this Fifth Amendment or other duly executed amendment, all provisions of the May 27, 2014 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the May 27, 2014 Agreement or this Fifth Amendment thereto. FIFTHAMENDMENT TO PROFESSIONAL SERVICESAGREEMENT Tyrm TIP, INC. PAGE 1 OF 2 IN WITNESS WHEREOF, the parties shall cause this Fifth Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. TRAUMA INTERVE TION PROGRAMS, INC: Wayne Foi , Chief Executive Officer CITY OF MERIDIAN: BY: amumy de W r , ayor QO9.pjEDAlie Attest: 2° 'm 01V or w E IDIAN�. 2 �OAHO SEAL A.ayoles ty Clerk FIFTH AMENDMENT TO PROFESSIONAL SER VICES A GREEMENT WITH TIP, INC. PAGE 2 OF 2 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 60 Project File Number: Item Title: Approval of AIA B133 Agreement to CSHQA, INC. Approval of AIA B133 Agreement to CSHQA, Inc. for the "Design, Construction Drawings and Services During Construction — Scenario Village" project for a Not -To -Exceed amount of $69,993.00. Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.O. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Approval of AIA B133 Agreement to C S HQ A, Inc. for the “Design, Construction D rawings and Services Dur ing Construction – Scenario Village” project for a Not-To- Exceed amount of $69,993.00. C ouncil Notes: T his agreement is the result of a f ormal solicitation and L egal has reviewed and approved it. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 8/30/2018 Contract C hecklist Cover Memo 8/30/2018 A I A B133 A greement Cover Memo 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 8/30/2018 - 7:25 P M F inance.B aird, Ted Approved 8/30/2018 - 8:01 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 317 of 461 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Jamie Leslie Date: 8/30/2018 Re: September 4 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 4 th City Council Consent Agenda for Council’s consideration. Approval of AIA B133 Agreement to CSHQA, Inc. for the “Design, Construction Drawings and Services During Construction – Scenario Village” project for a Not-To- Exceed amount of $69,993.00. Recommended Council Action: Approval of Amendment No. 1 to Rice, Fergus Miller, Inc. for the Not-To-Exceed amount of $69,993.00 Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda September 4, 2018 – Page 318 of 461 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: N/A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $69,993 Jamie Leslie If yes, has policy been purchased? CSHQA, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 2170 96012 10892 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved August 30, 2018 September 4, 2018 Council I. PROJECT INFORMATION N/A 18 8/30/2018 POLICE SCENARIO BILLAGE DESIGN V. BASIS OF AWARD 11/30/2017 December 7, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION RFQ was out for 3 weeks and only 1 firm responded. N/A N/A N/A N/A Goodstanding N/A N/A Meridian City Council Meeting Agenda September 4, 2018 – Page 319 of 461 Document B133TM – 2014 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 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. This document is intended to be used in conjunction with AIA Documents A201™–2007, General Conditions of the Contract for Construction; 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; and A134™–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 without a Guaranteed Maximum Price. AIA Document A201™–2007 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the day of June in the year 2018 (In words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) City of Meridian 33 East Broadway Meridian, ID 83642 and the Architect: (Name, legal status, address and other information) CSHQA, Inc. 200 Broad Street Boise, ID 83702 for the following Project: (Name, location and detailed description) Scenario Village and related Site Development First Responder Training Center East Water Tower Street, Meridian ID 83642 Scope includes: Multiple buildings for tactical training incorporating residence and storefronts giving the opportunity to train for multiple scenarios. The Construction Manager (if known): (Name, legal status, address and other information) The Owner and Architect agree as follows. Meridian City Council Meeting Agenda September 4, 2018 – Page 320 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution," or "to be determined later by mutual agreement.") § 1.1.1 The Owner’s program for the Project: (Identify documentation or state the manner in which the program will be developed.) Architect to work with Owner to develop the program. § 1.1.2 The Project’s physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) Part of the Public Safety Training Center (PSTC) site. § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) ______TBD________ (City to provide). § 1.1.4 The Owner’s anticipated design and construction schedule: .1 Design phase milestone dates, if any: Complete Construction Documents: March 2019 .2 Commencement of construction: Meridian City Council Meeting Agenda September 4, 2018 – Page 321 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 3 2019 .3 Substantial Completion date or milestone dates: 2019 .4 Other: Not applicable. § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type.) [ X ]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. § 1.1.6 The Owner’s requirements for accelerated or fast-track scheduling or phased construction are set forth below: (List number and type of bid/procurement packages.) None are anticipated not incorporated into the architect’s quoted fee. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as the Owner’s sustainable objective, if any, or historic preservation requirements.) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information.) Jamie Leslie MPD. § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address and other information.) None anticipated. § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1) January 2019 .2 Cost Consultant (if in addition to the Construction Manager): Meridian City Council Meeting Agenda September 4, 2018 – Page 322 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 4 (If a Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in Sections 3.3.6, 3.3.7, 3.4.2, 3.4.3, 3.5.4, 3.5.5, 5.4, 6.3, 6.3.1, 6.4 and 11.6.) None anticipated. .3 Land Surveyor: None anticipated. .4 Geotechnical Engineer: None anticipated. .5 Civil Engineer: None anticipated. .6 Other consultants: (List any other consultants retained by the Owner, such as a Project or Program Manager, or scheduling consultant.) § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address and other information.) John Maulin, AIA Dave Davies, AIA CSHQA, Inc. 200 Broad Street Boise, ID 83702 § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address and other information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: To be Determined. .2 Mechanical Engineer: To be Determined. CSHQA, Inc. .3 Electrical Engineer: To be Determined. CSHQA, Inc. .4 Civil Engineer: Jeff Ward, CSHQA, Inc. § 1.1.12.2 Consultants retained under Additional Services: Those not noted above. Meridian City Council Meeting Agenda September 4, 2018 – Page 323 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 5 § 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect’s services and the Architect’s compensation. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. (Paragraph deleted) § 2.6 Indemnification and Insurance: Architect shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and reasonable attorney’s fees, to the extent caused or arising from, wrongful conduct or negligent acts and/or errors or omissions under this Agreement by the Architect, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct or negligence of CITY or its employees. Architect shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability/Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers’ Compensation Insurance , in the statutory limits as required by law. the CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, Architect covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and reasonable attorneys’ fees, to the extent caused by or arising from the wrongful conduct, negligent performance, and/or errors or omission under this Agreement by the Architect or Architect’s officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Architect shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing Architect’s compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Architect begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Architect shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. § 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($1,000.000.00). Meridian City Council Meeting Agenda September 4, 2018 – Page 324 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 6 § 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) per claim. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and 2.6.2. § 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000.000.00). § 2.6.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than One Million Dollars($1,000,000.00) per claim. § 2.6.6 The Owner shall be an additional insured on the Architect’s primary and excess insurance policies for Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. § 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial General Liability, Automobile Liability, and any excess policies. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect’s services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect’s services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner’s review, (2) for the Construction Manager’s review, (3) for the performance of the Construction Manager’s Preconstruction Phase services, (4) for the performance of the Owner’s consultants, and (5) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 Once the Owner, Construction Manager, and Architect agree to the time limits established by the Project schedule, the Owner and Architect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming work, made without the Architect’s approval. § 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to Meridian City Council Meeting Agenda September 4, 2018 – Page 325 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 7 the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Evaluation of the Construction Manager’s Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 Prior to the Owner’s acceptance of the Guaranteed Maximum Price proposal or Control Estimate, as applicable, the Architect shall consider the Construction Manager’s requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner on all communications related to substitution requests, clarifications, and interpretations. § 3.2.2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or Control Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner in reviewing the Construction Manager’s proposal or estimate. The Architect’s review is not for the purpose of discovering errors, omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager’s proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager. § 3.2.3 Upon authorization by the Owner, and subject to Section 4.3.1.15, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating sustainable design approaches, and consideration of the implementation of the Owner’s sustainable objective, if any. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval and the Construction Manager’s review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, implications of sustainable code requirements enacted in the relevant jurisdiction, if any, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain other sustainable design services under Article 4. Meridian City Council Meeting Agenda September 4, 2018 – Page 326 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 8 § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner’s schedule and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project’s size, quality, or budget, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner’s approval and Construction Manager’s review. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval and the Construction Manager’s review. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and Construction Manager in the development and preparation of (1) the Conditions of the Contract for Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. Meridian City Council Meeting Agenda September 4, 2018 – Page 327 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 9 § 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and obtain the Owner’s approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201™–2007, General Conditions of the Contract for Construction. If the Owner and Construction Manager modify AIA Document A201–2007, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Owner’s approval of the Construction Manager’s Control Estimate, or the Owner’s issuance of a Notice to Proceed to the Construction Manager. Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Construction Manager’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, 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 shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall 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, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, 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 Construction Manager, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good Meridian City Council Meeting Agenda September 4, 2018 – Page 328 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 10 faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007, the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager’s 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 (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall 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 Construction Manager’s right to payment, or (4) ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s submittal schedule and shall not unreasonably delay or withhold approval. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule 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. § 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Construction Manager’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. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Construction Manager’s responsibility. 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. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Construction Manager that bear such professional’s seal and signature when submitted to the Architect. 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. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with Meridian City Council Meeting Agenda September 4, 2018 – Page 329 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 11 reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Construction Manager and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Construction Manager; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Assistance with selection of the Construction Manager Architect § 4.1.2 Programming Architect Exhibit A § 4.1.3 Multiple preliminary designs Architect Exhibit A § 4.1.4 Measured drawings Architect Exhibit A Meridian City Council Meeting Agenda September 4, 2018 – Page 330 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 12 § 4.1.5 Existing facilities surveys Architect Exhibit A § 4.1.6 Site evaluation and planning (B203™–2007)Not included Exhibit A § 4.1.7 Building information modeling (E203™–2013)Not included § 4.1.8 Civil engineering Architect Exhibit A § 4.1.9 Landscape design Not included § 4.1.10 Architectural interior design (B252™–2007)Not included § 4.1.11 Value analysis (B204™–2007)CM § 4.1.12 Detailed cost estimating CM § 4.1.13 On-site project representation (B207™–2008)CM § 4.1.14 Conformed construction documents Not Included § 4.1.15 As-designed record drawings Architect Exhibit A § 4.1.16 As-constructed record drawings CM/Architect Exhibit A § 4.1.17 Post occupancy evaluation Not included § 4.1.18 Facility support services (B210™–2007)Not included § 4.1.19 Tenant-related services Not included § 4.1.20 Coordination of Owner’s consultants Architect Exhibit A § 4.1.21 Telecommunications/data design Architect Exhibit A § 4.1.22 Security evaluation and planning (B206™–2007)Not included § 4.1.23 Commissioning (B211™–2007)Not Included § 4.1.24 Extensive environmentally responsible design Not included § 4.1.25 LEED® certification (B214™–2012)Not included § 4.1.26 Historic preservation (B205™–2007)Not included § 4.1.27 Furniture, furnishings, and equipment design (B253™–2007)Owner § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect’s responsibility, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work, Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes, or equipment; .3 Services necessitated by the Owner’s request for extensive sustainable design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations, or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; Meridian City Council Meeting Agenda September 4, 2018 – Page 331 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 13 .6 Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; .12 Assistance to the Initial Decision Maker, if other than the Architect; .13 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .14 Services necessitated by the Owner’s delay in engaging the Construction Manager; and .15 Making revisions in Drawings, Specifications, and other documents resulting from substitutions included in the agreed to assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Construction Manager’s submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Construction Manager’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction Manager from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Construction Manager-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction Manager’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect’s Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Construction Manager .2 Once every two (2) weeks visits to the site by the Architect over the duration of the Project during construction .3 Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two (2) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Twenty-Four (24) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from Meridian City Council Meeting Agenda September 4, 2018 – Page 332 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 14 the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. § 5.4 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; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project’s scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. (Paragraphs deleted) § . § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 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. § 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.12 The Owner shall contemporaneously provide the Architect with any communications provided to the Construction Manager about matters arising out of or relating to the Contract Documents. Communications by and with the Architect’s consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Meridian City Council Meeting Agenda September 4, 2018 – Page 333 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 15 Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Managers’ general conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect shall work cooperatively with the Construction Manager to conform the cost estimates to one another. § 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager’s estimate and the Cost Consultant’s estimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to conform the estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager’s subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner’s Meridian City Council Meeting Agenda September 4, 2018 – Page 334 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 16 budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect 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. § 7.2 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 shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of Meridian City Council Meeting Agenda September 4, 2018 – Page 335 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 17 the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect’s duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them 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 Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution 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 proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 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. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ]Arbitration pursuant to Section 8.3 of this Agreement [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) Meridian City Council Meeting Agenda September 4, 2018 – Page 336 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 18 (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect’s anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of Idaho. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General Conditions of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in A201–2007 shall mean the Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect 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. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. Meridian City Council Meeting Agenda September 4, 2018 – Page 337 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 19 § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Task 01: $20,404.00. Task 02: $49,589.00. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Negotiated Fixed Fee. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Negotiated Fixed Fee. § 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Zero percent ( 0 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Programming/Planning Task 01 above Schematic Design Phase Fifteen percent (15 %) Design Development Phase Twenty-Five percent (25 %) Construction Documents Phase Thirty-Five percent (35 %) Construction Phase Twenty-Five percent (25 %) Total Basic Compensation One Hundred percent (100 %) Meridian City Council Meeting Agenda September 4, 2018 – Page 338 of 461 Init. / AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 20 The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services as appropriate. § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the Owner-accepted Guaranteed Maximum Price Amendment or Control Estimate, as applicable, or (2) if the Guaranteed Maximum Price proposal or Control Estimate has not been accepted by the Owner, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Not Applicable. (Table deleted) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: ; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .9 All taxes levied on professional services and on reimbursable expenses; § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus Zero percent (0%) of the expenses incurred. Any and all requests for reimbursement must be accompanied by receipts to substantiate payment. (Paragraphs deleted) § 11.9 Compensation for Use of Architect’s Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of the Architect’s Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: 10% of total fee earned to date. § 11.10 Payments to the Architect § 11.10.1 An initial payment of Zero ($0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 days from City’s receipt of a correct invoice. Meridian City Council Meeting Agenda September 4, 2018 – Page 339 of 461 (Insert rate of monthly or annual interest agreed upon) 0.00% § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 133T14-2014, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition .3 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement) Exhibit A This Agreement entered into as of the day and year first written above. OWNER (Si to e) ARCHITECT (Signature) Tammy erd, Mayor City of Meridian John D. Maulin, Executive Vice -President (Printed name and title) (Printed name and title) John David Maulin Executive Vice President CSHQA Electronic Signature 2018.08.30 12.53.35-06'00' AIA Document 13133T1 —2014. Copyright© 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in 21 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 / 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) Additions and Deletions Report for AIA® Document B133TM – 2014 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 14:46:23 on 08/30/2018. Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 1 PAGE 1 AGREEMENT made as of the day of June in the year 2018 … City of Meridian 33 East Broadway Meridian, ID 83642 … CSHQA, Inc. 200 Broad Street Boise, ID 83702 … Scenario Village and related Site Development First Responder Training Center East Water Tower Street, Meridian ID 83642 Scope includes: Multiple buildings for tactical training incorporating residence and storefronts giving the opportunity to train for multiple scenarios. PAGE 2 Architect to work with Owner to develop the program. … Part of the Public Safety Training Center (PSTC) site. … ______TBD________ (City to provide). … Complete Construction Documents: March 2019 PAGE 3 2019 … Meridian City Council Meeting Agenda September 4, 2018 – Page 341 of 461 Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 2 2019 … Not applicable. … [ X ]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. [ ]AIA Document A134–2009, 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 without a Guaranteed Maximum Price. … None are anticipated not incorporated into the architect’s quoted fee. … Jamie Leslie MPD. … None anticipated. … January 2019 PAGE 4 None anticipated. … None anticipated. … None anticipated. … None anticipated. … John Maulin, AIA Dave Davies, AIA CSHQA, Inc. 200 Broad Street Boise, ID 83702 … To be Determined. Meridian City Council Meeting Agenda September 4, 2018 – Page 342 of 461 Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 3 … To be Determined. CSHQA, Inc. … To be Determined. CSHQA, Inc. .4 Civil Engineer: Jeff Ward, CSHQA, Inc. … Those not noted above. PAGE 5 § 2.6 Insurance. The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost as set forth in Section 11.8.3. § 2.6 Indemnification and Insurance: Architect shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and reasonable attorney’s fees, to the extent caused or arising from, wrongful conduct or negligent acts and/or errors or omissions under this Agreement by the Architect, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct or negligence of CITY or its employees. Architect shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability/Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers’ Compensation Insurance , in the statutory limits as required by law. the CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, Architect covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and reasonable attorneys’ fees, to the extent caused by or arising from the wrongful conduct, negligent performance, and/or errors or omission under this Agreement by the Architect or Architect’s officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Architect shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing Architect’s compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Architect begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Architect shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. § 2.6.1 Commercial General Liability with policy limits of not less than ($ ) for each occurrence and ($ ) in the aggregate for bodily injury and property damage.One Million Dollars ($1,000.000.00). § 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the Architect with policy limits of not less than ($ ) per claim and ($ ) in the aggregate for bodily injury and property damage along with any other statutorily required automobile coverage.One Million Dollars ($1,000,000.00) per claim. PAGE 6 § 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits of not less than ($ ).One Million Dollars ($1,000.000.00). Meridian City Council Meeting Agenda September 4, 2018 – Page 343 of 461 Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 4 § 2.6.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.One Million Dollars($1,000,000.00) per claim. PAGE 11 § 4.1.1 Assistance with selection of the Construction Manager Architect § 4.1.2 Programming(B202™–2009)Architect Exhibit A § 4.1.3 Multiple preliminary designs Architect Exhibit A § 4.1.4 Measured drawings Architect Exhibit A § 4.1.5 Existing facilities surveys Architect Exhibit A § 4.1.6 Site evaluation and planning (B203™–2007)Not included Exhibit A § 4.1.7 Building information modeling (E203™–2013)Not included § 4.1.8 Civil engineering Architect Exhibit A § 4.1.9 Landscape design Not included § 4.1.10 Architectural interior design (B252™–2007)Not included § 4.1.11 Value analysis (B204™–2007)CM § 4.1.12 Detailed cost estimating CM § 4.1.13 On-site project representation (B207™–2008)CM § 4.1.14 Conformed construction documents Not Included § 4.1.15 As-designed record drawings Architect Exhibit A § 4.1.16 As-constructed record drawings CM/Architect Exhibit A § 4.1.17 Post occupancy evaluation Not included § 4.1.18 Facility support services (B210™–2007)Not included § 4.1.19 Tenant-related services Not included § 4.1.20 Coordination of Owner’s consultants Architect Exhibit A § 4.1.21 Telecommunications/data design Architect Exhibit A § 4.1.22 Security evaluation and planning (B206™–2007)Not included § 4.1.23 Commissioning (B211™–2007)Not Included § 4.1.24 Extensive environmentally responsible design Not included § 4.1.25 LEED® certification (B214™–2012)Not included § 4.1.26 Historic preservation (B205™–2007)Not included § 4.1.27 Furniture, furnishings, and equipment design (B253™–2007)Owner PAGE 13 .1 ( ) Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Construction Manager .2 ( ) Once every two (2) weeks visits to the site by the Architect over the duration of the Project during construction .3 ( ) Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 ( ) Two (2) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within ( ) Twenty-Four (24) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. PAGE 14 § 5.6 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 344 of 461 Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 5 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. § 5.7 The Owner 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. § . PAGE 17 [ X ]Litigation in a court of competent jurisdiction PAGE 18 § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement 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 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 this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 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, dispute or other matter in question 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, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 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). § 8.3.4.2 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. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. … Meridian City Council Meeting Agenda September 4, 2018 – Page 345 of 461 Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 6 § 10.1 This Agreement 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 8.3.Idaho. PAGE 19 Task 01: $20,404.00. Task 02: $49,589.00. … Negotiated Fixed Fee. … Negotiated Fixed Fee. § 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Zero percent ( 0 %), or as otherwise stated below: … Schematic Design Phase percent ( %) Design Development Phase percent ( %) Construction Documents Phase percent ( %) Construction Phase percent ( %) Total Basic Compensation one hundred percent (100 %) Programming/Planning Task 01 above Schematic Design Phase Fifteen percent (15 %) Design Development Phase Twenty-Five percent (25 %) Construction Documents Phase Thirty-Five percent (35 %) Construction Phase Twenty-Five percent (25 %) Total Basic Compensation One Hundred percent (100 %) PAGE 20 Not Applicable. Employee or Category Rate ($0.00) … .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets;; … .8 Architect’s consultants’ expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; … .10 Site office expenses; and Meridian City Council Meeting Agenda September 4, 2018 – Page 346 of 461 Additions and Deletions Report for AIA Document B133™ – 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 7 .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Zero percent (0%) of the expenses incurred. Any and all requests for reimbursement must be accompanied by receipts to substantiate payment. § 11.8.3 If the insurance requirements listed in Section 2.6 exceed the types and limits the Architect normally maintains and the Architect incurred additional costs to satisfy such requirements, the Owner shall reimburse the Architect for such costs as set forth below: … 10% of total fee earned to date. … § 11.10.1 An initial payment of ($ ) Zero ($0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( ) 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 Architect.net 30 days from City’s receipt of a correct invoice. PAGE 21 % 0.00% … .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or the following: … Exhibit A … Tammy de Weerd, Mayor City of Meridian John D. Maulin, Executive Vice-President Meridian City Council Meeting Agenda September 4, 2018 – Page 347 of 461 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 14:46:23 on 08/30/2018 under Order No.8664676036 which expires on 12/20/2018, and is not for resale. User Notes: (1248213333) 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 14:46:23 on 08/30/2018 under Order No. 8664676036 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B133™ – 2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, 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) Meridian City Council Meeting Agenda September 4, 2018 – Page 348 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6P Project File Number: Item Title: City Financial Report for July 2018 Meeting Notes: u� APPROVE6" I TEM SHEET C ouncil Agenda I tem - 5.P. Presenter: Estimated Time f or P resentation: Title of I tem - C ity F inancial Report for J uly 2018 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate City F inancial Report for J uly 2018 Cover Memo 8/24/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 8/24/2018 - 2:45 P M F inance.Cunningham, R eta Approved 8/24/2018 - 5:51 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 349 of 461 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 22-62 Table of Contents FINANCE REPORT July 2018 CITY of MERIDIAN Month 10 of FY2018 (Oct 1 - Sep 30) 1 of 21 Meridian City Council Meeting Agenda September 4, 2018 – Page 350 of 461 CITY of MERIDIAN FY2017 General Fund Balance Projection (based on approved Budget) As of 8/6/2018 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 Current Associate City Planner 95,259 $ 95,259 $ Discovery Park Phase 1 Amenities 612,000 $ 612,000 $ Legal Services 70,000 $ 70,000 $ Impact Fee Study 30,800 $ 18,840 $ 6,170 $ 55,810 $ Stainless Steel Decontamination Sinks & Counter 27,900 $ 27,900 $ State of the City 11,550 $ 11,550 $ 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 2,879,584 $ 30,800 $ 18,840 $ 6,170 $ -$ -$ 2,935,394 $ Current Yr NET change to fund balance Rev (Exp) (1,238,259) $ (2,062,800) $ 521,160 $ 190,266 $ (280,970) $ (3,156,499) $ (6,027,102) $ Net Projected Fund Balance after Amendments 31,236,417 $ 4,200,670 $ 5,629,202 $ 1,362,550 $ 105,717 $ 4,888,758 $ 47,423,314 $ 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 25,801,528 $ 2,497,283 $ 913,202 $ 1,362,550 $ 1,105,717 $ 7,431,280 $ 39,111,560 $ Operating Reserves - 4 months 15,825,455 $ 15,825,455 $ Net Projected Fund Balance after Reserves (Budget Based) 9,976,073 $ 2,497,283 $ 913,202 $ 1,362,550 $ 1,105,717 $ 7,431,280 $ 23,286,105 $ Unrestricted Restricted Restricted Restricted Restricted Restricted ACTUAL NET FUND BALANCE as of 7/31/2018 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 48,706,331 $ 2,425,461 $ 1,665,573 $ 482,616 $ 6,028 $ 111,794 $ 53,397,803 $ FYTD Actual Operating Expenses 36,104,788 $ 1,893 $ -$ -$ -$ -$ 36,106,681 $ FYTD Actual Capital Expenses 1,633,193 $ 3,434,643 $ 170,818 $ -$ -$ 22,647 $ 5,261,301 $ FYTD Actual General Fund Transfers 3,641,404 $ -$ -$ -$ (1,000,000) $ (2,641,404) $ -$ ACTUAL NET FUND BALANCE as of 7/31/2018 39,801,622 $ 5,252,395 $ 6,602,797 $ 1,654,900 $ 1,392,715 $ 10,775,808 $ 65,480,237 $ 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 September 4, 2018 – Page 351 of 461 CITY of MERIDIAN FY2018 Enterprise Fund Balance Projection (based on approved Budget) As of 8/6/2018 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 Projected 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 07/31/2018 Actual Fund 60 Unrestricted Fund Balance as of 09/30/17 50,411,648 $ FYTD Actual Revenues 37,154,477 $ FYTD Actual Operating Expenses 11,998,503 $ FYTD Actual Capital Expenses 35,411,604 $ FYTD Actual General Fund Transfers 2,277,249 $ ACTUAL Based NET FUND BALANCE as of 07/31/2018 37,878,769 $ 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 3 of 21 Enterprise Fund Bal Meridian City Council Meeting Agenda September 4, 2018 – Page 352 of 461 City of Meridian Investments and Cash Position FY2018 for Month Ending 7/31/18 City of Meridian Investment Portfolio Govern Bonds $26,395,906 Muncipal Bonds $1,128,275 Certif of Deposit $0 Investor Cash $39,285 FIB MoneyMarket $1,568,718 Cash $4,068,053 Idaho Bond Fund $20,822,030 Idaho State Pool $57,543,213 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 $800,000 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 $80,000,000 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 September 4, 2018 – Page 353 of 461 $(* 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 7/31/2018 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 $ 7,619,293 $ 6,918,572 $ (700,720) $ -9% 6,621,945 $ 296,627 $ Miscellaneous 270,000 $ 225,000 $ 350,696 $ 125,696 $ 56% 305,501 $ 45,194 $ 1/2 Billing/Public Works 473,185 $ 394,320 $ 480,921 $ 86,600 $ 22% 546,428 $ (65,507) $ Total Revenue 9,886,336 $ 8,238,613 $ 7,750,188 $ (488,424) $ -6% 7,473,874 $ 276,315 $ Personnel Costs Administration 259,683 $ 216,402 $ 210,739 $ 5,663 $ 3% 191,830 $ 18,910 $ Operations 560,958 $ 467,465 $ 460,316 $ 7,148 $ 2% 430,392 $ 29,925 $ Distribution 622,270 $ 518,559 $ 525,346 $ (6,787) $ -1% 477,243 $ 48,103 $ Production 371,812 $ 309,843 $ 231,338 $ 78,505 $ 25% 213,272 $ 18,067 $ Backflow Prevention 132,759 $ 110,632 $ 84,403 $ 26,229 $ 24% 93,791 $ (9,388) $ 1/2 Billing/Public Works 2,258,053 $ 1,881,711 $ 1,573,130 $ 308,581 $ 16% 1,400,953 $ 172,178 $ Total Personnel Costs 4,205,535 $ 3,504,612 $ 3,085,273 $ 419,339 $ 12% 2,807,480 $ 277,793 $ Operating Costs Administration 550,260 $ 458,550 $ 277,484 $ 181,066 $ 39% 299,111 $ (21,627) $ Operations 484,325 $ 403,604 $ 603,538 $ (199,934) $ -50% 163,172 $ 440,366 $ Distribution 283,480 $ 236,234 $ 249,752 $ (13,518) $ -6% 146,351 $ 103,401 $ Production 1,040,460 $ 867,050 $ 765,712 $ 101,338 $ 12% 607,596 $ 158,116 $ Backflow Prevention 87,440 $ 72,867 $ 62,032 $ 10,834 $ 15% 68,848 $ (6,816) $ General Fund Transfer 1,258,915 $ 1,049,096 $ 1,052,219 $ (3,123) $ 0% 840,807 $ 211,412 $ 1/2 Billing/Public Works 1,112,511 $ 927,092 $ 562,944 $ 364,149 $ 39% 613,748 $ (50,804) $ Total Operating Costs 4,817,391 $ 4,014,493 $ 3,573,681 $ 440,812 $ 11% 2,739,633 $ 834,048 $ Operating Income (Loss) 863,410 $ 719,508 $ 1,091,235 $ 371,727 $ 1,926,761 $ (835,526) $ Capital Outlay Operations Administration 145,905 $ 121,588 $ 13,847 $ 107,741 $ 89% 281,207 $ (267,360) $ Operations 30,000 $ 25,000 $ 21,787 $ 3,213 $ 13% -$ 21,787 $ Distribution 178,000 $ 148,333 $ 175,777 $ (27,443) $ -19% 119,278 $ 56,498 $ 1/2 Billing/Public Works 41,739 $ 34,782 $ 39,754 $ (4,971) $ -14% 63,513 $ (23,760) $ Total Capital Outlay 395,644 $ 329,703 $ 251,165 $ 78,539 $ 24% 463,999 $ (212,834) $ Net Income (Loss) from Operations 467,765 $ 389,805 $ 840,070 $ 450,265 $ 1,462,762 $ (622,692) $ WATER CONSTRUCTION Revenue Residential Assessments 3,263,505 $ 2,719,588 $ 4,290,559 $ 1,570,972 $ 58% 2,972,519 $ 1,318,040 $ Commercial Assessments 294,000 $ 245,000 $ 439,778 $ 194,778 $ 80% 463,077 $ (23,298) $ Interest 150,000 $ 125,000 $ 213,083 $ 88,083 $ 70% 170,998 $ 42,085 $ Miscellaneous -$ -$ 9,042 $ 9,042 $ -$ 9,042 $ Total Revenue 3,707,505 $ 3,089,588 $ 4,952,463 $ 1,862,875 $ 60% 3,606,595 $ 1,345,868 $ Operating Costs 18,000 $ 15,000 $ 8,367 $ 6,633 $ 44% 8,338 $ 28 $ Capital Construction Projects 10,136,940 $ 8,447,450 $ 4,144,356 $ 4,303,094 $ 51% 2,388,496 $ 1,755,860 $ Net Income (Loss) from Construction (6,447,435) $ (5,372,862) $ 799,740 $ 6,172,603 $ 1,209,761 $ (410,020) $ Water Department Net Income (Loss) (5,979,669) $ (4,983,058) $ 1,639,810 $ 6,622,868 $ 2,672,522 $ (1,032,712) $ Budget to Actual Prior Year to Date 5 of 21 Water Meridian City Council Meeting Agenda September 4, 2018 – Page 354 of 461 City of Meridian Waste Water Including PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 7/31/2018 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 $ 12,678,658 $ 12,651,901 $ (26,757) $ 0% 12,289,073 $ 362,829 $ Miscellaneous -$ -$ 22,547 $ 22,547 $ 166,298 $ (143,751) $ 1/2 Billing/Public Works 473,185 $ 394,320 $ 480,921 $ 86,600 $ 22% 546,428 $ (65,507) $ Total Revenue 15,687,575 $ 13,072,979 $ 13,155,369 $ 82,390 $ 1% 13,001,798 $ 153,571 $ Personnel Costs Administration 289,022 $ 240,852 $ 172,215 $ 68,637 $ 28% 214,646 $ (42,431) $ Treatment Plant 1,476,793 $ 1,230,661 $ 1,124,513 $ 106,148 $ 9% 1,098,962 $ 25,551 $ Collection Lines 558,456 $ 465,380 $ 383,837 $ 81,543 $ 18% 330,178 $ 53,659 $ Pretreatment Division 159,417 $ 132,848 $ 120,138 $ 12,709 $ 10% 127,840 $ (7,701) $ Lab 439,241 $ 366,034 $ 346,240 $ 19,794 $ 5% 337,656 $ 8,584 $ 1/2 Billing/Public Works 2,258,053 $ 1,881,711 $ 1,573,130 $ 308,581 $ 16% 1,400,953 $ 172,178 $ Total Personnel Costs 5,180,983 $ 4,317,486 $ 3,720,073 $ 597,412 $ 14% 3,510,233 $ 209,840 $ Operating Costs Administration 311,251 $ 259,376 $ 200,053 $ 59,322 $ 23% 351,537 $ (151,484) $ Treatment Plant 1,998,540 $ 1,665,450 $ 1,399,732 $ 265,718 $ 16% 1,596,954 $ (197,222) $ Collection Lines 554,344 $ 461,954 $ 316,434 $ 145,519 $ 32% 306,794 $ 9,641 $ Pretreatment Division 21,380 $ 17,817 $ 10,374 $ 7,443 $ 42% 10,394 $ (20) $ Lab 232,580 $ 193,817 $ 157,059 $ 36,758 $ 19% 104,167 $ 52,892 $ General Fund Transfer 1,258,916 $ 1,049,097 $ 1,065,384 $ (16,287) $ -2% 853,539 $ 211,845 $ 1/2 Billing/Public Works 1,112,511 $ 927,092 $ 562,944 $ 364,149 $ 39% 613,748 $ (50,804) $ Total Operating Costs 5,489,522 $ 4,574,602 $ 3,711,980 $ 862,621 $ 19% 3,837,133 $ (125,153) $ Operating Income (Loss) 5,017,070 $ 4,180,891 $ 5,723,315 $ 1,542,424 $ 37% 5,654,432 $ 68,883 $ Capital Outlay Operations Administration 39,000 $ 32,500 $ 26,669 $ 5,831 $ 18% 65,527 $ (38,859) $ Treatment Plant 55,000 $ 45,833 $ 55,846 $ (10,013) $ -22% -$ 55,846 $ Collection Lines 30,000 $ 25,000 $ 26,780 $ (1,780) $ -7% 468,624 $ (441,844) $ Lab -$ -$ -$ -$ 6,116 $ (6,116) $ 1/2 Billing/Public Works 41,739 $ 34,782 $ 39,754 $ (4,971) $ -14% 63,513 $ (23,760) $ Total Capital Outlay 165,739 $ 138,116 $ 149,049 $ (10,934) $ -8% 603,781 $ (454,732) $ Net Income (Loss) from Operations 4,851,331 $ 4,042,776 $ 5,574,266 $ 1,531,491 $ 38% 5,050,651 $ 523,615 $ WASTE WATER CONSTRUCTION Revenue Residential Assessments 7,158,816 $ 5,965,680 $ 8,571,784 $ 2,606,104 $ 44% 5,684,826 $ 2,886,959 $ Commercial Assessments 441,000 $ 367,500 $ 1,034,198 $ 666,698 $ 181% 862,411 $ 171,787 $ EPA Compliance Revenue 1,480,337 $ 1,233,614 $ 1,264,991 $ 31,377 $ 3% 1,208,198 $ 56,793 $ Interest 100,000 $ 83,333 $ 423,240 $ 339,907 $ 408% 335,325 $ 87,915 $ Miscellaneous -$ -$ 2,244 $ 2,244 $ 20,431 $ (18,188) $ Total Revenue 9,180,153 $ 7,650,128 $ 11,296,456 $ 3,646,329 $ 48% 8,111,190 $ 3,185,266 $ Operating Costs 35,000 $ 29,167 $ 16,733 $ 12,434 $ 43% 16,677 $ 56 $ Capital Construction Projects 47,833,648 $ 39,861,374 $ 30,867,035 $ 8,994,339 $ 23% 8,441,425 $ 22,425,609 $ Net Income (Loss) from Construction (38,688,495) $ (32,240,413) $ (19,587,311) $ (12,653,101) $ 39% (346,912) $ (19,240,399) $ Waste Water Department Net Income (Loss) (33,837,164) $ (28,197,637) $ (14,013,045) $ 14,184,592 $ -50% 4,703,739 $ (18,716,784) $ Budget to Actual Prior Year to Date 6 of 21 WWTP Meridian City Council Meeting Agenda September 4, 2018 – Page 355 of 461 City of Meridian Enterprise Overhead - Public Works/Utility Billing/Environmental Divisions Budget to Actual Year to Date Comparisons FY2018 for Month Ending 7/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Revenue PW Review Fees 200,000 $ 166,667 $ 442,694 $ 276,028 $ 166% 543,538 $ (100,843) $ Utility Billing Fees 746,369 $ 621,974 $ 519,147 $ (102,827) $ -17% 549,317 $ (30,171) $ Total Revenue 946,369 $ 788,641 $ 961,841 $ 173,200 $ 22% 1,092,855 $ (131,014) $ Personnel Costs 4,516,107 $ 3,763,422 $ 3,146,260 $ 617,162 $ 16% 2,801,905 $ 344,355 $ Operating Expense 2,225,022 $ 1,854,193 $ 1,125,888 $ 728,306 $ 39% 1,227,496 $ (101,608) $ Transfers 321,252 $ 267,710 $ 159,646 $ 108,064 $ 40% 149,172 $ 10,473 $ Total OE 2,546,274 $ 2,121,903 $ 1,285,533 $ 836,370 $ 39% 1,376,668 $ (91,135) $ Total PC & OE 7,062,380 $ 5,885,325 $ 4,431,794 $ 1,453,531 $ 25% 4,178,573 $ 253,221 $ Operating Income (Loss) (6,116,011) $ (5,096,684) $ (3,469,953) $ 1,626,732 $ -32% (3,085,718) $ (384,235) $ Capital Outlay 83,478 $ 75,477 $ 79,508 $ (4,030) $ -5% 127,027 $ (47,519) $ Net Income (Loss) (6,199,489) $ (5,172,162) $ (3,549,460) $ 1,622,701 $ -31% (3,212,745) $ (336,715) $ Budget to Actual Prior Year to Date 7 of 21 PWbilling Meridian City Council Meeting Agenda September 4, 2018 – Page 356 of 461 City of Meridian Total Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending7/31/2018 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 $ 7,619,293 $ 6,918,572 $ (700,720) $ -9% 6,621,945 $ 296,627 $ Wastewater Sales 15,214,390 $ 12,678,658 $ 12,651,901 $ (26,757) $ 0% 12,289,073 $ 362,829 $ Public Works/Utility Billing 946,369 $ 788,641 $ 961,841 $ 173,200 $ 22% 1,092,855 $ (131,014) $ Miscellaneous 270,000 $ 225,000 $ 373,243 $ 148,243 $ 66% 471,800 $ (98,557) $ Total Revenue 25,573,910 $ 21,311,592 $ 20,905,557 $ (406,034) $ -2% 20,475,672 $ 429,885 $ Personnel Costs Water Division 1,947,481 $ 1,622,901 $ 1,512,143 $ 110,759 $ 7% 1,406,527 $ 105,615 $ Wastewater Division 2,922,930 $ 2,435,775 $ 2,146,943 $ 288,832 $ 12% 2,109,281 $ 37,662 $ Public Works/Utility Billing 4,516,107 $ 3,763,422 $ 3,146,260 $ 617,162 $ 16% 2,801,905 $ 344,355 $ Total Personnel Costs 9,386,518 $ 7,822,098 $ 6,805,346 $ 1,016,752 $ 13% 6,317,713 $ 487,633 $ Operating Costs Water Division 2,445,965 $ 2,038,304 $ 1,958,518 $ 79,786 $ 4% 1,285,078 $ 673,440 $ Wastewater Division 3,118,094 $ 2,598,412 $ 2,083,652 $ 514,760 $ 20% 2,369,846 $ (286,194) $ Public Works/Utility Billing 2,225,022 $ 1,854,185 $ 1,125,888 $ 728,297 $ 39% 1,227,496 $ (101,608) $ Total Operating Costs 7,789,081 $ 6,490,901 $ 5,168,058 $ 1,322,843 $ 20% 4,882,419 $ 285,638 $ Total PC & OE 17,175,599 $ 14,312,999 $ 11,973,404 $ 2,339,595 $ 16% 11,200,133 $ 773,271 $ Capital Operations 561,383 $ 467,819 $ 400,214 $ 67,605 $ 14% 1,067,780 $ (667,566) $ General Fund Transfer 2,839,084 $ 2,365,903 $ 2,277,249 $ 88,654 $ 4% 1,843,519 $ 433,730 $ Operations Income (Loss) 4,997,845 $ 4,164,870 $ 6,654,904 $ 2,490,034 $ (1,843,519) $ 8,498,423 $ CONSTRUCTION Construction Revenue Residential Assessments 10,187,618 $ 8,489,682 $ 8,599,651 $ 109,969 $ 1% 6,319,784 $ 2,279,867 $ Commercial Assessments 735,000 $ 612,500 $ 1,473,976 $ 861,476 $ 141% 1,325,487 $ 148,489 $ Multi-Family Assessments 234,703 $ 195,586 $ 4,262,692 $ 4,067,106 $ 2079% 2,337,561 $ 1,925,131 $ EPA Compliance Revenue 1,480,337 $ 1,233,614 $ 1,264,991 $ 31,377 $ 3% 1,208,198 $ 56,793 $ Miscellaneous -$ -$ 11,286 $ 11,286 $ 20,431 $ (9,145) $ Interest 250,000 $ 208,333 $ 636,323 $ 427,990 $ 205% 506,323 $ 130,000 $ Total Construction Revenue 12,887,658 $ 10,739,715 $ 16,248,919 $ 5,509,204 $ 51% 11,717,784 $ 4,531,135 $ Operating Costs Construction 53,000 $ 44,167 $ 25,100 $ 19,067 $ 43% 25,015 $ 84 $ Capital Construction Projects 57,970,588 $ 48,308,823 $ 35,011,390 $ 13,297,433 $ 28% 10,829,921 $ 24,181,470 $ Construction Income (Loss) (45,135,930) $ (37,613,275) $ (18,787,571) $ 18,825,704 $ 862,848 $ (19,650,419) $ Enterprise Fund Net Income (Loss) (40,138,086) $ (33,448,405) $ (12,132,667) $ Fund Balance 10,273,562 $ 16,963,243 $ 37,878,768 $ 8 of 21 Enterprise Meridian City Council Meeting Agenda September 4, 2018 – Page 357 of 461 City of Meridian Enterprise Fund Graphs FY2018 for Month Ending 7/31/18 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 FY2008FY2009FY2010FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018 YTD Utility Connection / Assessment Revenue Water Connection Revenue Sewer Connection Revenue 9 of 21 EnterGraphs Meridian City Council Meeting Agenda September 4, 2018 – Page 358 of 461 10 of 21 Utility Meridian City Council Meeting Agenda September 4, 2018 – Page 359 of 461 City of Meridian General Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 7/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ POLICE PC 14,992,440 $ 12,493,700 $ 11,234,567 $ 1,259,133 $ 10% 10,439,969 $ 794,599 $ OE 2,946,316 $ 2,455,263 $ 2,024,213 $ 431,050 $ 18% 2,056,667 $ (32,454) $ Total PC and OE 17,938,756 $ 14,948,964 $ 13,258,780 $ 1,690,183 $ 11% 12,496,636 $ 762,144 $ CO 588,056 $ 490,047 $ 399,853 $ 90,194 $ 18% 814,972 $ (415,119) $ FIRE PC 10,731,373 $ 8,942,811 $ 8,172,782 $ 770,028 $ 9% 7,203,183 $ 969,600 $ OE 1,610,942 $ 1,342,452 $ 1,142,779 $ 199,673 $ 15% 895,109 $ 247,670 $ Total PC and OE 12,342,315 $ 10,285,262 $ 9,315,561 $ 969,702 $ 9% 8,098,291 $ 1,217,269 $ CO 5,318,725 $ 4,432,271 $ 234,239 $ 4,198,032 $ 95% 207,785 $ 26,454 $ Interfund Transfers 87,013 $ 72,511 $ 62,632 $ 9,878 $ 14% 57,585 $ 5,048 $ PARKS PC 3,076,191 $ 2,563,492 $ 2,108,222 $ 455,270 $ 18% 1,980,257 $ 127,964 $ OE 2,538,040 $ 2,115,034 $ 1,582,545 $ 532,489 $ 25% 1,349,396 $ 233,149 $ Total PC & OE 5,614,231 $ 4,678,526 $ 3,690,767 $ 987,759 $ 21% 3,329,653 $ 361,113 $ CO 11,212,194 $ 9,343,495 $ 3,912,734 $ 5,430,761 $ 58% 2,365,095 $ 1,547,639 $ Interfund Transfers 56,357 $ 46,964 $ 40,566 $ 6,398 $ 14% 37,297 $ 3,269 $ ADMINISTRATION PC 5,271,147 $ 4,392,623 $ 4,091,246 $ 301,376 $ 7% 3,863,786 $ 227,460 $ OE 3,980,453 $ 3,317,044 $ 2,555,122 $ 761,922 $ 23% 2,040,948 $ 514,174 $ Total PC & OE 9,251,600 $ 7,709,667 $ 6,646,369 $ 1,063,298 $ 14% 5,904,735 $ 741,634 $ CO 1,078,776 $ 898,980 $ 490,276 $ 408,705 $ 45% 329,767 $ 160,509 $ Interfund Transfers (3,036,969) $ (2,530,808) $ (2,418,094) $ (112,713) $ 4% (1,971,625) $ (446,469) $ TOTAL GENERAL FUND PC 34,071,151 $ 28,392,626 $ 25,606,818 $ 2,785,808 $ 10% 23,487,195 $ 2,119,623 $ OE 11,075,751 $ 9,229,793 $ 7,304,659 $ 1,925,134 $ 21% 6,342,121 $ 962,538 $ Total PC and OE 45,146,902 $ 37,622,419 $ 32,911,476 $ 4,710,942 $ 13% 29,829,316 $ 3,082,161 $ CO 18,197,751 $ 15,164,792 $ 5,037,101 $ 10,127,691 $ 67% 3,717,619 $ 1,319,482 $ Interfund Transfers (2,893,599) $ (2,411,333) $ (2,314,896) $ (96,437) $ 4% (1,876,743) $ (438,152) $ 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 September 4, 2018 – Page 360 of 461 12 of 21 GenFundGraphs Meridian City Council Meeting Agenda September 4, 2018 – Page 361 of 461 Total General Fund Revenue Budget to Actual Year to Date Comparisons FY2018 for Month Ending 7/31/18 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Property Tax 30,808,064 $ 25,673,387 $ 31,254,516 $ (5,581,129) $ -22% 28,758,449 $ 2,496,066 $ Total Tax Revenue 30,808,064 $ 25,673,387 $ 31,254,516 $ (5,581,129) $ -22% 28,758,449 $ 2,496,066 $ Liquor License 75,258 $ 62,715 $ 76,463 $ (13,748) $ -22% 73,063 $ 3,400 $ Fire Inspections & Permits -$ -$ 10,597 $ (10,597) $ 11,148 $ (551) $ Dog License 45,000 $ 37,500 $ 31,436 $ 6,065 $ 16% 46,693 $ (15,257) $ Misc. License & Permits 10,000 $ 8,333 $ 17,595 $ (9,262) $ -111% 17,030 $ 565 $ Total License & Permit Revenue 130,258 $ 108,548 $ 136,090 $ (27,542) $ -25% 147,933 $ (11,843) $ Grant Revenue 1,391,888 $ 1,159,907 $ 498,324 $ 661,583 $ 57% 462,444 $ 35,880 $ State Revenue Sharing 5,982,741 $ 4,985,618 $ 4,488,724 $ 496,894 $ 10% 3,937,753 $ 550,971 $ State Liquor Revenue 834,960 $ 695,800 $ 609,432 $ 86,368 $ 12% 511,200 $ 98,232 $ Rural Fire 2,465,653 $ 2,054,711 $ 1,591,669 $ 463,041 $ 23% 827,546 $ 764,123 $ Meridian Development Corp 661,932 $ 551,610 $ 116,500 $ 435,110 $ 79% -$ 116,500 $ School Resources 423,516 $ 352,930 $ 425,490 $ (72,560) $ -21% 351,556 $ 73,933 $ Total Intergovernmental Revenue 11,760,690 $ 9,800,575 $ 7,730,139 $ 2,070,436 $ 21% 6,090,499 $ 1,639,640 $ Gas Franchise 600,000 $ 500,000 $ 751,921 $ (251,921) $ -50% 642,884 $ 109,037 $ Cable TV Franchise 200,000 $ 166,667 $ 113,457 $ 53,210 $ 32% 116,847 $ (3,391) $ Electricity Franchise 510,000 $ 425,000 $ 429,423 $ (4,423) $ -1% 413,028 $ 16,396 $ Total Franchise Revenue 1,310,000 $ 1,091,667 $ 1,294,801 $ (203,135) $ -19% 1,172,759 $ 122,042 $ Court Revenue 350,000 $ 291,667 $ 356,478 $ (64,811) $ -22% 311,217 $ 45,261 $ Fines, False Alarm, Restitution & Seizure 7,000$ 5,833 $ 102,685 $ (96,851) $ -1660% 41,838 $ 60,847 $ Total Fines & Forfeitures Revenue 357,000 $ 297,500 $ 459,163 $ (161,663) $ -54% 353,055 $ 106,108 $ Charges for Services by Department Fire -$ -$ 161,810 $ (161,810) $ 25,854 $ 135,956 $ Police 3,000 $ 2,500 $ 115,504 $ (113,004) $ -4520% 112,460 $ 3,045 $ Parks 675,700 $ 563,083 $ 862,442 $ (299,358) $ -53% 790,374 $ 72,068 $ Admin 95,360 $ 79,467 $ 107,129 $ (27,662) $ -35% 112,324 $ (5,195) $ Total Charges for Services Revenue 774,060 $ 645,050 $ 1,246,884 $ (601,834) $ -93% 1,041,011 $ 205,873 $ Impact Fees Impact Fees - Multifamily -$ -$ 1,270,075 $ (1,270,075) $ 718,429 $ 551,646 $ Impact Fee - Commercial 80,000 $ 66,667 $ 320,132 $ (253,466) $ -380% 390,874 $ (70,742) $ Impact Fee - Residential 1,714,436 $ 1,428,697 $ 2,813,469 $ (1,384,772) $ -97% 1,976,051 $ 837,418 $ Total Impact Fee Revenue 1,794,436 $ 1,495,363 $ 4,403,676 $ (2,908,313) $ -194% 3,085,355 $ 1,318,322 $ Total Donations 64,538 $ 53,782 $ 82,679 $ (28,897) $ -54% 58,626 $ 24,053 $ Interest & Investment Earnings 142,000 $ 118,333 $ 747,033 $ (628,700) $ -531% 429,203 $ 317,830 $ Total Miscellaneous Revenues 20,000 $ 16,667 $ 42,143 $ (25,477) $ -153% 113,373 $ (71,229) $ Total Revenue 47,161,046 $ 39,300,872 $ 47,397,125 $ (8,096,253) $ -21% 41,250,263 $ 6,146,862 $ 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 September 4, 2018 – Page 362 of 461 Includes FY18 Budget Amendment for Bldg Dept City of Meridian Community Development Services Year End Change to Fund Balance Forecast FY2018 for Month Ending 07/31/2018 Total Budget Total Budget YTD Actual YTD Projected TOTAL DEV. SVCS. REVENUE Commercial Permits 833,000 $ 694,167 $ 1,099,928 $ 1,200,000 $ All other Permits 3,949,560 $ 3,291,300 $ 4,959,437 $ 5,200,000 $ Planning Revenue 200,000 $ 166,667 $ 473,883 $ 560,000 $ Miscellaneous Revenue -$ -$ 360 $ 432 $ Total Revenues 4,982,560 $ 4,152,133 $ 6,533,608 $ 6,960,432 $ TOTAL DEVELOPMENT SERVICE FUND Revenue 4,982,560 $ 4,152,133 $ 6,533,608 $ 6,960,432 $ PC 2,002,847 $ 1,669,039 $ 1,150,106 $ 1,436,904 $ OE 2,920,276 $ 2,433,563 $ 2,606,812 $ 3,158,175 $ Net Operating to Fund Balance 59,437 $ 49,531 $ 2,776,690 $ 2,365,353 $ CO & Interfund Transfers 701,815 $ 584,846 $ 261,846 $ 405,993 $ Total Change to Fund Balance (642,378) $ (535,315) $ 2,514,844 $ 1,959,360 $ Projected Transfer 14 of 21 CommDevForecast Meridian City Council Meeting Agenda September 4, 2018 – Page 363 of 461 City of Meridian Community Development Services Budget to Actual Year to Date Comparisons FY2018 for Month Ending 7/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ ADMINISTRATION Personnel Costs 228,418 $ 190,349 $ 132,781 $ 57,568 $ 30% 169,268 $ (36,487) $ Operating Expenses 96,103 $ 80,086 $ 54,284 $ 25,802 $ 32% 41,824 $ 12,459 $ Total PC & OE 324,521 $ 270,435 $ 187,065 $ 83,370 $ 31% 211,092 $ (24,027) $ Interfund Transfers 86,477 $ 72,064 $ 62,247 $ 9,817 $ 14% 57,230 $ 5,017 $ Fund Balance Transfer -$ 2,641,404 $ 2,275,054 $ PLANNING Personnel Costs 784,434 $ 653,695 $ 529,202 $ 124,493 $ 19% 468,185 $ 61,017 $ Operating Expenses 264,348 $ 220,290 $ 61,133 $ 159,157 $ 72% 19,918 $ 41,215 $ Total PC and OE 1,048,782 $ 873,985 $ 590,335 $ 283,650 $ 32% 488,103 $ 102,232 $ BUILDING Personnel Costs 861,884 $ 718,237 $ 390,185 $ 328,051 $ 46% 376,467 $ 13,719 $ Operating Expenses 2,437,534 $ 2,031,279 $ 2,423,593 $ (392,315) $ -19% 1,879,623 $ 543,970 $ Total PC & OE 3,299,418 $ 2,749,515 $ 2,813,779 $ (64,264) $ -2% 2,256,090 $ 557,689 $ Capital Outlay 647,300 $ 539,417 $ 224,200 $ 315,217 $ 58% -$ 224,200 $ Interfund Transfers (59,451) $ (49,542) $ (48,449) $ (1,093) $ 2% (46,937) $ (1,512) $ ECONOMIC DEVLP Personnel Costs 128,111 $ 106,759 $ 97,937 $ 8,822 $ 8% 96,543 $ 1,394 $ Operating Expenses 122,290 $ 101,908 $ 67,802 $ 34,107 $ 33% 52,796 $ 15,006 $ Total PC & OE 250,401 $ 208,667 $ 165,739 $ 42,928 $ 21% 149,339 $ 16,400 $ Interfund Transfers 27,489 $ 22,908 $ 23,849 $ (941) $ -4% 22,932 $ 917 $ TOTAL DEVELOPMENT SERVICE FUND Personnel Costs 2,002,847 $ 1,669,039 $ 1,150,106 $ 518,934 $ 31% 1,110,463 $ 39,643 $ Operating Expenses 2,920,276 $ 2,433,563 $ 2,606,812 $ (173,249) $ -7% 1,994,162 $ 612,650 $ Total PC and OE 4,923,123 $ 4,102,602 $ 3,756,918 $ 345,685 $ 8% 3,104,624 $ 652,293 $ Capital Outlay 647,300 $ 539,417 $ 224,200 $ 315,217 $ 58% -$ 224,200 $ Interfund Transfers 54,515 $ 45,429 $ 37,646 $ 7,783 $ 17% 33,224 $ 4,422 $ 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 7/31/2018 % of Permit Fee Inspectors Gross Revenue Inspector Expense Rev. vs. Exp. that Goes to City Building Inspections 3,882,855 $ 823,614 $ 3,059,241 $ 79% Mechanical Inspections 689,854 $ 417,397 $ 272,457 $ 39% Electrical Inspections 480,147 $ 353,619 $ 126,528 $ 26% Plumbing Inspections 568,365 $ 342,273 $ 226,092 $ 40% Fire Inspections 448,290 $ 329,439 $ 118,851 $ 27% Total 6,069,511 $ 2,266,341 $ 3,803,170 $ 63% 15 of 21 CommDevMeridian City Council Meeting Agenda September 4, 2018 – Page 364 of 461 16 of 21 CommDevGraphs Meridian City Council Meeting Agenda September 4, 2018 – Page 365 of 461 City of Meridian IMPACT FUND BALANCE as of 7/31/18 Account # Account Description Total Budget - Original Total Budget - Revised Current Year Actual Budget Remaining 2110 - Police Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 131,495 $ (131,495) $ 34780 Commercial Impact Revenue 20,000 $ -$ 68,935 $ (48,935) $ 34781 Residential Impact Revenue 176,436 $ -$ 270,942 $ (94,506) $ 36100 Interest Earnings -$ -$ 11,244 $ (11,244) $ Total REVENUES 196,436 $ -$ 482,616 $ (286,180) $ TOTAL EXPENDITURES -$ -$ -$ -$ 2210 - Fire Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 450,194 $ (450,194) $ 34780 Commercial Impact Revenue 60,000 $ -$ 251,197 $ (191,197) $ 34781 Residential Impact Revenue 500,000 $ -$ 919,205 $ (419,205) $ 36100 Interest Earnings -$ -$ 44,977 $ (44,977) $ Total REVENUES 560,000 $ -$ 1,665,573 $ (1,105,573) $ 54000 Equipment & Supplies 20,000 $ -$ -$ 20,000 $ 55000 Professional Services -$ 18,840 $ -$ 18,840 $ 92000 Cap Outlay - Bldgs & Structures 3,548,000 $ 423,500 $ 77,836 $ 3,893,664 $ 94120 Capital - Fire Trucks 718,500 $ (5,240) $ 61,743 $ 651,517 $ 94600 Capital - Communication Equipment -$ 31,240 $ 31,240 $ -$ TOTAL EXPENDITURES 4,286,500 $ 468,340 $ 170,819 $ 4,584,021 $ 5200 - Parks & Recreation REVENUES 34777 Impact Rev - Multifamily -$ -$ 688,386 $ (688,386) $ 34781 Residential Impact Revenue 1,038,000 $ -$ 1,623,321 $ (585,321) $ 36100 Interest Earnings 15,000 $ -$ 113,753 $ (98,753) $ Total REVENUES 1,053,000 $ -$ 2,425,460 $ (1,372,460) $ 55000 Professional Services -$ 30,800 $ -$ 30,800 $ 55102 Investment Services -$ -$ 1,893 $ (1,893) $ 93415 Borup Property construction 156,699 $ -$ 1,538 $ 155,161 $ 96925 Keith Bird Legacy Park construction 1,268,970 $ (696,726) $ 290,807 $ 281,437 $ 96927 77 acre South Park 3,585,115 $ 335,411 $ 2,636,245 $ 1,284,282 $ 96928 Reta Huskey Park 1,104,773 $ (902,538) $ 124,515 $ 77,721 $ 96929 Hillsdale Park Construction 1,311,096 $ (762,415) $ 381,538 $ 167,144 $ -$ TOTAL EXPENDITURES 7,426,654 $ (1,995,467) $ 3,436,536 $ 1,994,651 $ TOTAL BUDGETED EXPENDITURES for FY2018 11,713,154 $ Dept FY2018 beginning fund balance FY2018 net change YTD Fund Balance YTD Police Department $ 1,172,284 482,616 $ 1,654,901 $ Fire Department $ 5,108,042 1,494,754 $ 6,602,796 $ Parks & Recreation $ 6,263,470 (1,011,076) $ 5,252,394 $ TOTAL IMPACT FUND BALANCE 12,543,797 $ 966,294 $ 13,510,091 $ 17 of 21 ImpactFundMeridian City Council Meeting Agenda September 4, 2018 – Page 366 of 461 18 of 21 OT Meridian City Council Meeting Agenda September 4, 2018 – Page 367 of 461 City of Meridian Volunteer Hours FY2018 for Month Ending 7/31/2018 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 890 60 106 12 52 85 32 1,237 1,441 August 0 September 0 TOTAL 6,880 690 1,250 970 3,100 598 354 13,841 16,607 GRAND TOTAL YTD 13,841 19 of 21 VolunteersMeridian City Council Meeting Agenda September 4, 2018 – Page 368 of 461 C i t y O f M e r i d i a n C i t y O f M e r i d i a n C i t y O f M e r i d i a n C i t y O f M e r i d i a n V a c a n c y R e p o r t A u g u s t 1 0 , 2 0 1 8 V a c a n c y R e p o r t A u g u s t 1 0 , 2 0 1 8 V a c a n c y R e p o r t A u g u s t 1 0 , 2 0 1 8 V a c a n c y R e p o r t A u g u s t 1 0 , 2 0 1 8 P o s i t i o n P o s i t i o n P o s i t i o n P o s i t i o n P o s i t i o n P o s i t i o n P o s i t i o n P o s i t i o n N u m b e r N u m b e r N u m b e r N u m b e r FT E FT E F T E FT E F u n d Fu n d F u n d Fu n d D e p a r t m e n t D e p a r t m e n t D e p a r t m e n t D e p a r t m e n t H R S t a t u s H R S t a t u s H R S t a t u s H R S t a t u s P o s i t i o n V a c a n t D a t e P o s i t i o n V a c a n t D a t e P o s i t i o n V a c a n t D a t e P o s i t i o n V a c a n t D a t e P o s i t i o n P o s t e d D a t e P o s i t i o n P o s t e d D a t e P o s i t i o n P o s t e d D a t e P o s i t i o n P o s t e d D a t e Position Start Position Start Position Start Position Start Date Date Date Date Pu b l i c W o r k s G I S A n a l y s t 1 5 2 1 E n t e r p r i s e P W A c c e p t i n g A pp l i c a t i o n s 7/ 1 3 / 2 0 1 8 7 / 5 / 2 0 1 8 N o t y e t f i l l e d De v e l o p m e n t A n a l y s t I 5 2 2 1 E n t e r p r i s e P W N o R e q u e s t t o Fi l l a t T h i s T i m e N e w p o s i t i o n a s o f 1 0 / 0 1 / 2 0 1 7 N o t y et r e q u e s t e d N o t y e t f i l l e d SC A D A S y s t e m A d m i n i s t r a t o r 5 2 7 1 E n t e r p r i s e P W I n t e r v i e w s i n P r o g r e s s Ne w p o s i t i o n F Y 1 8 B u d g e t Am e n d m e n t 3/ 1 2 / 2 0 1 8 N o t y e t f i l l e d Co l l e c t i o n S y s t e m T e c h n i c i a n 3 2 1 1 E n t e r p r i s e P W - W W A c c e pt i n g A p p l i c a t i o n s 5/ 2 4 / 2 0 1 8 5 / 2 6 / 2 0 1 8 N o t y e t f i l l e d In s t r u m e n t T e c h n i c i a n 3 2 2 1 E n t e r p r i s e P W - W W O f f e r D e c l i ne d - W i l l b e R e p o s t i n g P o s i t i o n 3 / 2 / 2 0 1 8 3 / 5 / 2 0 1 8 N o t yet filled Bu i l d i n g I n s p e c t o r I 5 3 0 1 G e n e r a l B u i l d i n g O f f e r A c c e p t ed N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 8 / 1 3 / 2 0 1 8 Bu i l d i n g I n s p e c t o r I 5 3 1 1 G e n e r a l B u i l d i n g A c c e p t i n g A p pl i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 08 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d Bu i l d i n g I n s p e c t o r I 5 3 2 1 G e n e r a l B u i l d i n g A c c e p t i n g A p pl i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 08 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d Bu i l d i n g I n s p e c t o r I I 5 3 3 1 G e n e r a l B u i l d i n g A c c e p t i n g A pp l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 /0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d Ad m i n i s t r a t i v e A s s i s t a n t I - B u i l d i n g 5 3 5 1 G e n e r a l B u i ld i n g O f f e r A c c e p t e d N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 8 /27/2018 Bu i l d i n g P l a n s E x a m i n e r I 5 3 6 1 G e n e r a l B u i l d i n g A c c e p t i ng A p p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d Bu i l d i n g P l a n s E x a m i n e r I 5 3 7 1 G e n e r a l B u i l d i n g A c c e p t i ng A p p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d Bu i l d i n g P l a n s E x a m i n e r I I 5 3 8 1 G e n e r a l B u i l d i n g A c c e p t in g A p p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i on 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d El e c t r i c a l P l a n s E x a m i n e r 5 3 9 1 G e n e r a l B u i l d i n g A c c e p t i ng A p p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d El e c t r i c a l P l a n s E x a m i n e r 5 4 0 1 G e n e r a l B u i l d i n g A c c e p t i ng A p p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d El e c t r i c a l I n s p e c t i o n S u p e r v i s o r 5 4 1 1 G e n e r a l B u i l d i n g Of f e r I n P r o g r e s s N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t yet filled El e c t r i c a l I n s p e c t o r I 5 4 2 1 G e n e r a l B u i l d i n g A c c e p t i n g Ap p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5/ 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d El e c t r i c a l I n s p e c t o r I 5 4 3 1 G e n e r a l B u i l d i n g A c c e p t i n g Ap p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5/ 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d El e c t r i c a l I n s p e c t o r I 5 4 4 1 G e n e r a l B u i l d i n g A c c e p t i n g Ap p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 0 5/ 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d El e c t r i c a l I n s p e c t o r I I 5 4 5 1 G e n e r a l B u i l d i n g A c c e p t i n g A p p l i c a t i o n s I n t e r v i e w s i n P r o g r e s s N e w P o s i t i o n 05 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t y e t f i l l e d Ad m i n i s t r a t i v e A s s i s t a n t I - E l e c t r i c a l 5 4 6 1 G e n e r a l B ui l d i n g O n l y p o s t i n g f o r B u i l d i n g A d m i n i s t r a t i v e A s s is t a n t a t t h i s t i m e . N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 N o t y e t re q u e s t e d N o t y e t f i l l e d Cu s t o m e r S u p p o r t S p e c i a l i s t 5 4 8 1 G e n e r a l B u i l d i n g I n t e r vi e w s i n P r o g r e s s N e w P o s i t i o n 0 5 / 0 8 / 2 0 1 8 5 / 9 / 2 0 1 8 N o t yet filled Fi r e f i g h t e r C a p t a i n 6 5 1 G e n e r a l F i r e F i l l e d b y K r i s t i a n F o r b e y 4/ 3 0 / 2 0 1 8 0 2 / 0 2 / 2 0 1 8 p e r C L A 7 / 1 1 / 2 0 1 8 Fi r e f i g h t e r E n g i n e e r 1 8 2 1 G e n e r a l F i r e F i l l e d b y J a m e s Mo r i a r t y 6/ 6 / 2 0 1 8 0 2 / 0 2 / 2 0 1 8 p e r C L A 7 / 1 1 / 2 0 1 8 De p u t y C h i e f O p e r a t i o n s 2 2 7 1 G e n e r a l F i r e A p p l i c a t i o n s Un d e r R e v i e w 4/ 1 3 / 2 0 1 8 4 / 1 6 / 2 0 1 8 N o t y e t f i l l e d Fi r e F i g h t e r 2 5 0 1 G e n e r a l F i r e N o R e q u e s t t o F i l l a t T h is T i m e 6 / 2 1 / 2 0 1 8 N o t y e t r e q u e s t e d N o t y e t f i l l e d Fi r e F i g h t e r 2 7 1 1 G e n e r a l F i r e N o R e q u e s t t o F i l l a t T h is T i m e 6 / 2 1 / 2 0 1 8 N o t y e t r e q u e s t e d N o t y e t f i l l e d Fi r e F i g h t e r 2 7 3 1 G e n e r a l F i r e N o R e q u e s t t o F i l l a t T hi s T i m e 4 / 2 1 / 2 0 1 8 N o t y e t r e q u e s t e d N o t y e t f i l l e d Fi r e F i g h t e r 3 7 8 1 G e n e r a l F i r e N o R e q u e s t t o F i l l a t T h is T i m e 7 / 2 / 2 0 1 8 N o t y e t r e q u e s t e d N o t y e t f i l l e d Se n i o r M a i n t e n a n c e T e c h n i c i a n 5 0 4 1 G e n e r a l P a r k s N o R e q ue s t t o F i l l a t T h i s T i m e N e w p o s i t i o n a s o f 1 0 / 0 1 / 2 01 7 6 / 2 6 / 2 0 1 8 N o t y e t f i l l e d CD G B A d m i n i s t r a t o r 3 9 0 1 G e n e r a l P l a n n i n g N o R e q u e s t t o Fi l l a t T h i s T i m e 7 / 2 6 / 2 0 1 8 N o t y e t r e q u e s t e d N o t y e t filled Cu r r e n t A s s i s t a n t C i t y P l a n n e r 5 4 9 1 G e n e r a l P l a n n i n g I n te r v i e w s S c h e d u l e d F Y 1 8 B u d g e t A m e n d m e n t 7 / 1 7 / 2 0 1 8 7 / 22 / 2 0 1 8 N o t y e t f i l l e d Po l i c e O f f i c e r 3 2 1 G e n e r a l P o l i c e Po s i t i o n R e p o s t e d 0 5 / 1 5 / 2 0 1 8 T e s t i n g S c h e d u l e d 0 8 / 0 4/ 2 0 1 8 O r a l Bo a r d s S c h e d u l e d f o r 0 8 - 1 3 , 1 4 , 2 7 , 2 8 , 2 9 / 2 0 1 8 10 / 2 1 / 2 0 1 7 1 1 / 1 6 / 2 0 1 7 N o t y e t f i l l e d Po l i c e O f f i c e r 3 7 1 G e n e r a l P o l i c e Po s i t i o n R e p o s t e d 0 5 / 1 5 / 2 0 1 8 T e s t i n g S c h e d u l e d 0 8 / 0 4/ 2 0 1 8 O r a l Bo a r d s S c h e d u l e d f o r 0 8 - 1 3 , 1 4 , 2 7 , 2 8 , 2 9 / 2 0 1 8 11 / 2 / 2 0 1 7 1 1 / 1 6 / 2 0 1 7 N o t y e t f i l l e d Po l i c e O f f i c e r 3 3 6 1 G e n e r a l P o l i c e Po s i t i o n R e p o s t e d 0 5 / 1 5 / 2 0 1 8 T e s t i n g S c h e d u l e d 0 8 / 0 4/ 2 0 1 8 O r a l Bo a r d s S c h e d u l e d f o r 0 8 - 1 3 , 1 4 , 2 7 , 2 8 , 2 9 / 2 0 1 8 10 / 2 1 / 2 0 1 7 1 1 / 1 6 / 2 0 1 7 N o t y e t f i l l e d Po l i c e O f f i c e r 3 4 1 1 G e n e r a l P o l i c e Po s i t i o n R e p o s t e d 0 5 / 1 5 / 2 0 1 8 T e s t i n g S c h e d u l e d 0 8 / 0 4/ 2 0 1 8 O r a l Bo a r d s S c h e d u l e d f o r 0 8 - 1 3 , 1 4 , 2 7 , 2 8 , 2 9 / 2 0 1 8 3/ 1 5 / 2 0 1 8 5 / 1 5 / 2 0 1 8 N o t y e t f i l l e d Co d e E n f o r c e m e n t O f f i c e r 5 1 7 1 G e n e r a l P o l i c e I n t e r v i e w s i n P r o g r e s s N e w p o s i t i o n a s o f 1 0 / 0 1 / 2 0 1 7 6 / 2 6 / 2 0 1 8 N ot yet filled T O T A L F T E T O T A L F T E T O T A L F T E T O T A L F T E 3 7 3 7 3 7 3 7 20 o f 2 1 VacantPositions 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 S e p t e m b e r 4 , 2 0 1 8 – P a g e 3 6 9 o f 4 6 1 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 o r 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 or 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 rk 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 Ma y o r ' s A d m i n A s s t 5 0 % f r o m M a y o r ' s O f f i c e t o E c o n o m ic D e v e l o p m e n t F Y 2 0 1 5 t r a n s f e r s a l l i n t h i s f u n d St r a t e g i c A n a l y s t 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 1 8 ( 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 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 S e p t e m b e r 4 , 2 0 1 8 – P a g e 3 7 0 o f 4 6 1 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 6Q Project File Number: Item Title: AP Invoices for Payment 9/5/2018 - $922, 226.06 Meeting Notes: uy APPROVED I TEM SHEET C ouncil Agenda I tem - 5.Q. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 9/5/18 - $922,266.06 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/30/2018 - 12:18 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 371 of 461 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 ABSOLUTE SECURITY OF IDAHO 8/24/18 Movie Night staffing at Settlers Park - qty 4 272.00 01 General Fund ACS SYSTEMS LLC Parts & Labor for Installation of the AV Equipment per our q 456.50 01 General Fund ADVANCE AUTO PARTS fuses for security cameras at various parks - qty 2 5.58 01 General Fund ALLOWAY ELECTRIC CO.18-0445,Ten Mile&Teter install 4 streetlights 8/9/18 18,130.00 01 General Fund AMANDA MCNUTT Education Assistance reimbursement, A. McNutt, Summer 2018, 1,000.00 01 General Fund ANGELA SCHLAGEL Refund: receipt# 042943, PRR did not take as much time as ca 156.29 01 General Fund BERRY ELECTRICAL SERVICES, INC.Install Recpts basement, install data and com box, cabling 683.86 01 General Fund BOE - Boise Office Equipment Copier black/color charges, XPN547404, 7/22/18-8/21/18 408.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321 softball umpire services 8/13-8/17/18 - qty 42 games 1,169.28 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321 softball umpire services 8/6-8/10/18 - qty 44 games 1,224.96 01 General Fund BOISE VALLEY TOWING Tow for Evidence - 18-5332 149.00 01 General Fund BRAD PURSER Education Assistance reimbursement, B. Purser, Summer 2018, 1,000.00 01 General Fund BRICON, INC 18-0209 Linder Pathway widening FINAL pay 33,294.50 01 General Fund BRICON, INC sidewalk repair at Ada & 3rd St due to holiday tree removal 460.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC door handle replacement for fleet truck 4 - license C9767 102.34 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuel Pump Diagniosis and Replacement for Unit # 144 722.22 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and 2 Tires for Unit # 130 381.94 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 167 67.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 32 82.53 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 133 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 152 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 16 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 165 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Left Headlight, Front & Rear Brakes Unit # 144 902.44 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires for Unit # 164 647.08 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil/filter change C15921 Utilities Van 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC recreation van service & oil change - license C17231 55.00 01 General Fund BSN SPORTS, INC.floor tape - qty 4 28.96 01 General Fund BUILDING BLOCKS IDAHO instructor fee - WeDo Lego 8/6-8/10/18 - qty 12 768.00 Date: 8/30/18 12:36:29 PM Page: 1Meridian City Council Meeting Agenda September 4, 2018 – Page 372 of 461 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 BUSY BEE SAND & GRAVEL, INC.road mix for Heroes Park fountain project - qty 0.59 cu yds 5.90 01 General Fund BUSY BEE SAND & GRAVEL, INC.road mix for Heroes Park fountain project - qty 3.68 cu yds 36.80 01 General Fund BUSY BEE SAND & GRAVEL, INC.sand for Heroes Park fountain project - qty 1.01 cu yds 7.83 01 General Fund C JAY COLES Per Diem CJColes AIC training CoeurDalene 9/18 147.50 01 General Fund Campbell Tractor Co.fuel pump for 997 mower repair 15.54 01 General Fund Campbell Tractor Co.oil filter & filter element - qty 2 56.15 01 General Fund CDW GOVERNMENT HP Ultraslim Docking Station G2 230.00 01 General Fund CHRIS JOHNSON Per Diem CJohnson AIC conf CoeurdAlene 9/18/18 147.50 01 General Fund CINTAS ear plugs, lens wipes, safety glasses - qty 34 366.03 01 General Fund CINTAS Service/Maintenance on First Aid Kits at PD 65.70 01 General Fund CLOVERDALE NURSERY wall mount hose bib install at Heroes Park 1,212.20 01 General Fund COMPOST WEST, INC compost for Heroes Park - qty 40 760.00 01 General Fund CUSTOM IMAGE, LLC seasonal staff t-shirts - qty 179 1,078.49 01 General Fund D & B SUPPLY string line for Storey Park playground repair - qty 1 3.29 01 General Fund D & B SUPPLY u-bolts for Settlers playground repair - qty 4 9.16 01 General Fund DISCOVERY BENEFITS PO18-0157 FSA/COBRA Monthly Fee July 2018 1,155.75 01 General Fund EVENT RENT Grill and Propane for Citywide Picnic June 2018 326.04 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Tavaci-Musical Theater 8/6-8/10/18 - qty 6 320.00 01 General Fund HAWLEY TROXELL Grace at Fairview Lakes Tort Claim matter 2,572.00 01 General Fund HOME DEPOT CREDIT SERVICES Container, Base Moulding & Mirror for PD 96.89 01 General Fund HOME DEPOT CREDIT SERVICES Microwave-2nd flr plan review office-Bldg Evo project 59.00 01 General Fund HOME DEPOT CREDIT SERVICES Paint rollers and foam brush 32.06 01 General Fund HOME DEPOT CREDIT SERVICES Storage Boxes & Totes for PD qty 8 59.76 01 General Fund HORIZON DISTRIBUTORS INC small engine repair parts - qty 12 67.28 01 General Fund IDAHO CORRECTIONAL INDUSTRIES 18-0428 Inspector office furniture-Bldg Evo Project 6,298.50 01 General Fund IDAHO CORRECTIONAL INDUSTRIES 18-0428 inspector room furniture-reworked items 775.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES 18-0429-Permit Tech desk 837.00 01 General Fund IDAHO POWER Fire Department Power - August 2018 3,079.39 01 General Fund IDAHO PRESS-TRIBUNE FY19 proposed budget hearing legal notice on 8/10/18 & 8/17/ 1,052.62 01 General Fund IDAHO PRESS-TRIBUNE FY2018 Amended Budget Notice for Public Hearing 1,231.94 01 General Fund IDAHO PRESS-TRIBUNE Legal Bid Advertisement: Bid on street lights 109.08 01 General Fund IDAHO PRESS-TRIBUNE Legal Bid Advertisement: SCBA Equipment 92.92 01 General Fund IDAHO PRESS-TRIBUNE Legal Bid Advertisements: Homecourt conduit 71.76 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Gurney Office Condos 9/4/18 47.36 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Text Amendment of Residential District Naming C 74.74 Date: 8/30/18 12:36:29 PM Page: 2Meridian City Council Meeting Agenda September 4, 2018 – Page 373 of 461 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO PRESS-TRIBUNE Public service announcement: PH Costco 171.38 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange 8/10/18 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 8/21/18 250.00 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas August 2018 720.57 01 General Fund JAMIE BEEHN Per Diem, J. Beehn, CISCO Training, Hoffman Estates IL 481.00 01 General Fund JODI ST-MARTIN Reimb, J. St. Martin, Meridian Minesterial Luncheon, 11/8/17 11.81 01 General Fund JODI ST-MARTIN Reimb, J. St. Martin, Parking for Youth Lobby Day, Boise,2/1 15.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/repair fire alarm system at Fire Safety Center 750.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Service to fire alarm system 339.00 01 General Fund LARRY MILLER SUNDANCE DODGE Unit11 left taillight replacement damage claim 8/8/18 207.75 01 General Fund LEXIS NEXIS on line legal research - July 2018 118.00 01 General Fund MASTERCARD 220/MC#5 Fire 7-31-18 Statement,132.38 01 General Fund MINUTEMAN, INC.220/keys for pull down boxes for fire alarms, qty3 9.45 01 General Fund MINUTEMAN, INC.combo pad lock for Main Street Market trailer - qty 1 24.95 01 General Fund MINUTEMAN, INC.Mo Brooks Field replacement keys 19.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS brass fittings for Toro sprayer repair - qty 4 10.66 01 General Fund MOTION & FLOW CONTROL PRODUCTS replacement hose for portable pressure washer - qty 1 42.63 01 General Fund MOTIONS DANCE STUDIO InstructorFee-BalletJazzCheerHipHopCapoeiraTumble...4,041.60 01 General Fund NAMPA-MERIDIAN IRRIGATION DIST Review & Preparation of Project Agreement for HomeCourt Fibe 175.00 01 General Fund NORCO Safety glasses, vest and hard hat for Stacy Redman 35.68 01 General Fund NOTHWEST SAFETY CLEAN 220/repair turnout shell & liner 237.90 01 General Fund OFFICE DEPOT, INC.3-wastebaskets-inspector room 10.14 01 General Fund OFFICE DEPOT, INC.5X8 note pads - qty 2 3.82 01 General Fund OFFICE DEPOT, INC.dry erase markers 6.36 01 General Fund OFFICE DEPOT, INC.KEYBOARD AND MOUSE 43.97 01 General Fund OFFICE DEPOT, INC.MayorOffce files,pens,mouse,batteries 73.28 01 General Fund OFFICE DEPOT, INC.MayorOffice dry markers, plastic forks,board cleaner,velcro 28.25 01 General Fund OFFICE DEPOT, INC.MayorOffice sanitizer,coffee filters,sorter,easel pad,tape 46.63 01 General Fund OFFICE DEPOT, INC.PENS - qty 12 AND PAPER - 1 case 34.67 01 General Fund OFFICE DEPOT, INC.pens, recycle cans, staplers, postcards 100.24 01 General Fund OFFICE DEPOT, INC.PHONE CHARGER 4.99 01 General Fund OFFICE DEPOT, INC.PHONE LIGHTENING CABLE - qty 1 16.78 01 General Fund OFFICE DEPOT, INC.wastebaskets-inspector room 3.38 Date: 8/30/18 12:36:29 PM Page: 3Meridian City Council Meeting Agenda September 4, 2018 – Page 374 of 461 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE TEAM 18-0318 w/e 8/10 John Hale-Contract Labor Records Retention 702.62 01 General Fund OXARC, INC.220/refill 4 oxygen cylinders 24.10 01 General Fund PACIFIC BACKFLOW backflow repair on Pine Street parking lot 117.00 01 General Fund PACIFIC BACKFLOW irrigation backflow repairs at Chateau Park 233.00 01 General Fund PAIGE MECHANICAL GROUP, INC.Toilet Handle Replacement in Ladies Locker Room 97.75 01 General Fund PUBLIC RISK MGMT ASSOCIATION PRIMA Membership 11/1/18 - 10/31/19 385.00 01 General Fund RICOH USA, INC C86173707 montly lease 9/1-30/18 plus additional pgs 850.28 01 General Fund ROCKY MTN TOWING 220/Towing of cars for extrication training, training equip 105.00 01 General Fund ROGUE FITNESS 18-0247 220/fitness equipment all stations 1,984.48 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 8/1-8/15/18 - qty 4 67.20 01 General Fund SHERWIN-WILLIAMS CO.ball field marking paint x 36 & machine x 1 358.92 01 General Fund SILVER CREEK SUPPLY angle valve irrigation part for Settlers Park - qty 1 83.43 01 General Fund SILVER CREEK SUPPLY irrigation parts for Settlers Park - qty 6 214.66 01 General Fund SONYA ALLEN Per Diem: S. Allen, 2018 Montana Assoc. of Planners,206.50 01 General Fund ST. LUKE'S HEALTH SOLUTIONS Cooking Demo for July 2018 Wellness Day 350.00 01 General Fund STEPHANIE LEONARD Per Diem: S. Leonard, 2018 Montana Assoc. of Planners, 206.50 01 General Fund SUNROC CORPORATION topsoil for Heroes Park - qty 66.74 tons 1,154.36 01 General Fund SYNCB/AMAZON 220/2 booklights for clipboards during nighttime incidents 24.97 01 General Fund SYNCB/AMAZON 220/Incentives, cooking oil spray, St. 1 14.95 01 General Fund SYNCB/AMAZON 220/plastic bags, pencils for Pub Ed Educational bags 299.95 01 General Fund SYNCB/AMAZON Art Explosion 800,000 99.99 01 General Fund SYNCB/AMAZON Cablelera DisplayPort to DVI Cable 92.66 01 General Fund SYNCB/AMAZON Dry Erase Bd/markers/eraser for Inspector bay/Plan review 74.77 01 General Fund SYNCB/AMAZON iPad cases-for inspectors-offset returned items-IT purchase 87.96 01 General Fund SYNCB/AMAZON postage credit MUBS returned jetstream pen refills (3.50) 01 General Fund SYNCB/AMAZON Series P4-Intelligent Flight Battery for Comm. Drone 147.99 01 General Fund SYNCB/AMAZON Strip of 10 Fresh Maxell LR1130 5.49 01 General Fund SYNCB/AMAZON Sunpak 620-020 Tripod, 360 Degree Rotatable Break Resistant 12.99 01 General Fund SYNCB/AMAZON wh.bd dmgd in transit returned by carrier-org inv#9016236 (61.59) 01 General Fund THE SHOOTER'S BENCH Eberlestock Gunslinger II - Military Green SWAT/Super Pack 315.00 Date: 8/30/18 12:36:29 PM Page: 4Meridian City Council Meeting Agenda September 4, 2018 – Page 375 of 461 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund THE TURF CORPORATION sod for Heroes Park - qty 350 108.00 01 General Fund THE UPS STORE Postage to Mail Evidence to Lab 94.85 01 General Fund THOMAS ERICKSON Per Diem T.Erickson Torrence,CA 9/16-9/22/2018 416.00 01 General Fund THOMSON REUTERS-WEST PUBLISHING CORP Idaho Code Updates 7/5/18 - 8/4/18 821.00 01 General Fund TOTAL SYSTEM SERVICES 220/Service call, fire alarm system, St. 4 82.00 01 General Fund TOTAL SYSTEM SERVICES Homecourt HVAC rooftop unit servicing 164.00 01 General Fund TREASURE VALLEY CHILDREN'S THEATER MAC Sarah Plain & Tall pre-production fall tour 1,500.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Boots - Ferronato 128.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Boots - Rhoades 128.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Boots for Kortan 128.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Cap - Rhoades 58.45 01 General Fund UNIFORMS 2 GEAR Honor Guard Chest Strap - Ferronato 94.40 01 General Fund UNIFORMS 2 GEAR Honor Guard Chest Strap - Kortan 94.40 01 General Fund UNIFORMS 2 GEAR Honor Guard Chest Strap - Rhoades 94.40 01 General Fund UNIFORMS 2 GEAR Honor Guard Cuff Case & Belt - Ferronato 93.44 01 General Fund UNIFORMS 2 GEAR Honor Guard Cuff Case & Belt - Kortan 93.44 01 General Fund UNIFORMS 2 GEAR Honor Guard Cuff Case & Belt - Rhoades 93.44 01 General Fund UNIFORMS 2 GEAR Honor Guard Hat - Ferronato 58.45 01 General Fund UNIFORMS 2 GEAR Honor Guard Hat - Kortan 58.45 01 General Fund UNIFORMS 2 GEAR Honor Guard Holster - Ferronato 135.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Holster - Kortan 135.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Holster - Rhoades 135.00 01 General Fund UNIFORMS 2 GEAR Honor Guard Pants - Rhoades 104.75 01 General Fund UNIVERSITY OF UTAH Macey Smith, ID# U1043738, Student Scholarship, Fall2018 1,000.00 01 General Fund VARSITY FACILITY SERVICES 18-0013, service 8/15/18 Janitorial services all locations 16,110.74 01 General Fund VARSITY FACILITY SERVICES strip & wax Inspector Room-Bldg Evo Project 100.00 01 General Fund VLCM Mitel IP Phone IP485G, Mitel IP 480G Phone 3,240.04 01 General Fund WAXIE SANITARY SUPPLY 18-0191, batteries for bathroom fixtures 28.42 01 General Fund WHITE, PETERSON, GLGRAY & NICHOLS P.A. Fire Arbitration Matter June 2018 25.00 01 General Fund WIENHOFF & ASSOCIATES, INC PO18-0196 Drug and Alcohol testing July 2018 375.00 Total 01 General Fund 127,310.99 07 Impact Fund PREMIER SIGNS 220/2 public hearing signs for Station 6 91.00 07 Impact Fund RAFTELIS 18-0454, FY18 Impact Fee Update, 7/1/18-7/31/18 1,225.00 Date: 8/30/18 12:36:29 PM Page: 5Meridian City Council Meeting Agenda September 4, 2018 – Page 376 of 461 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund RICE FERGUS MILLER INC 18-0313 220/Concept & design services, St. 6 9,636.00 Total 07 Impact Fund 10,952.00 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Badge reader at the Lab no longer communicated with network 90.00 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Electronics expense: security gate FOBS x qnty 10 375.10 60 Enterprise Fund BOISE RIGGING SUPPLY Slings for shop (4 qty)106.72 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0311,17-0375 WRRF Capacity PCU integration thru 7/27/18 3,736.57 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384,WRRF Headworks Upgrades Program service thru 7/27/18 10,871.75 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0180 SCADA PLC programming, update influent flow (29.7) 4,267.82 60 Enterprise Fund CONDOC Construction Projects billing charges as of 7/31/18 199.96 60 Enterprise Fund CSS GROUP Translore Digline Monthly Service Fee 185.00 60 Enterprise Fund DALE CROSSLEY reimburse Dale Crossley safety boots 149.95 60 Enterprise Fund DUBOIS CHEMICALS INC 18-0493 Ferric Chloride (43,160#)6,474.00 60 Enterprise Fund EWING CO., INC.18-0447,WRRF Headworks Upgrades Const Service 7/1-7/31/18 690,721.00 60 Enterprise Fund FISHER SCIENTIFIC PTFE pestle grinder (1 pk)324.34 60 Enterprise Fund FISHER SCIENTIFIC Sampler tubing, sodium hydroxide solution (7 qty)1,398.85 60 Enterprise Fund FORD HALL COMPANY, INC Clarifier brushes (2 qty)91.20 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Nozzles for hose on CCTV Van 2 (2 qty)8.52 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Bid Advertisement, PRV's 14 & 18 111.10 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Bid Advertisement, Sewerline repairs 73.14 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Bid Advertisement, WWRF power improvements 109.08 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Sole Source Advertisement, minuteman padlocks 59.34 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas August 2018 1,516.76 60 Enterprise Fund JEFFREY & DEBBIE DAWSON refund 6122 N Booth Ave wat/sew/trash 79.32 60 Enterprise Fund JUB ENGINEERS 17-0225,18-0434 Black Cat Truck Sewer design 4/29-7/28/18 12,646.50 60 Enterprise Fund JUB ENGINEERS 18-0276,On Call Modeling/Master Plan 4/29-7/28/18 8,916.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0103,S.Meridian/Linder Sewer Trunk design 7/1-7/31/18 3,140.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0304,Well 32,Const.Design services 7/1-7/31/18 3,151.25 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp. special inspection 7/9-7/22/18 7,260.68 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp.Special inspection 7/23-8/5/18 4,709.00 Date: 8/30/18 12:36:29 PM Page: 6Meridian City Council Meeting Agenda September 4, 2018 – Page 377 of 461 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 MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp.special inspections 6/25-7/8/18 8,274.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades,Testing service 7/23-8/5/18 4,821.89 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Clamps, camlock & hose nipple to repair vactor (14 qty)167.21 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Clear vinyl tubing (47ft)21.15 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Reinforced vinyl clear tubing (50 ft)93.50 60 Enterprise Fund MOTION INDUSTRIES, INC Ceramic filled epoxy kit-brushable (2 qty)261.86 60 Enterprise Fund MOTION INDUSTRIES, INC Oil seals (6 qty)553.34 60 Enterprise Fund MOTION INDUSTRIES, INC Returned roller bearings (4 qty)(432.97) 60 Enterprise Fund MOTION INDUSTRIES, INC Roller bearings to repair mixers 1-4 at digester 4 (4 qty) 432.97 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Air cleaning wand 16.02 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Aluminum 2 inch Fe coupler x hose shank (3 qty)50.04 60 Enterprise Fund OFFICE DEPOT, INC.Calendars, deskpad 542.72 60 Enterprise Fund OFFICE DEPOT, INC.Keyboard, desk pad 45.84 60 Enterprise Fund OFFICE DEPOT, INC.Photo Kit E260/E36X/E46X/E260X22G 26.20 60 Enterprise Fund OFFICE DEPOT, INC.Utility knife 9.49 60 Enterprise Fund PACIFIC BACKFLOW 18-0051 Backflow Testing Qty 2 46.00 60 Enterprise Fund PATRICIA ZARATE Per Diem, P. Zarate, 2018 Pacific NW Pretreatment Workshop, 224.00 60 Enterprise Fund REALTY MANAGEMENT ASSOCIATES refund 5074 N Cortona Way wat/sew/trash 36.45 60 Enterprise Fund RICOH USA, INC E205M560104 b/w (72 qty) & color images (321 qty)19.11 60 Enterprise Fund SAWTOOTH CRANE Crane service to rebuild mixer 1, digester 5 (3.5 hrs)612.50 60 Enterprise Fund SILVER CREEK SUPPLY Elbows for sprinker line repair (50 qty)7.80 60 Enterprise Fund STEELMAN PLUMBING Repair & Service Call Mens Toilet Admin Bldg 141.50 60 Enterprise Fund SYNCB/AMAZON Calendar 16.35 60 Enterprise Fund SYNCB/AMAZON Calendars 30.98 60 Enterprise Fund SYNCB/AMAZON Sunpak 620-020 Tripod, 360 Degree Rotatable Break Resistant 74.92 60 Enterprise Fund THE UPS STORE Shipping to send flo-dar sensor in for repair 90.70 60 Enterprise Fund TRUEPOINT SOLUTIONS LLC 3 staff attedning Truebill Users Conference 225.00 60 Enterprise Fund VALLEY STORAGE 17-0337, Sewer Easement Relocate Stored Items - Final Invoic 5,000.00 60 Enterprise Fund VARSITY FACILITY SERVICES 18-0013, service 8/15/18 Janitorial services all locations 1,715.17 60 Enterprise Fund VICTOR & CARRIE KRANZ refund 2697 W Wolf Rapids Dr wat/sew/trash 106.38 Total 60 Enterprise Fund 784,003.07 Date: 8/30/18 12:36:29 PM Page: 7Meridian City Council Meeting Agenda September 4, 2018 – Page 378 of 461 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Report Total 922,266.06 Date: 8/30/18 12:36:29 PM Page: 8Meridian City Council Meeting Agenda September 4, 2018 – Page 379 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 7 Project File Number: Item Title: Items moved from Consent Agenda Meeting Notes: City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 8A Project File Number: Item Title: Citizens for Transportation Meeting Notes: TP- IvO I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Charlie Rountree Estimated Time f or P resentation: Title of I tem - C itizens for Transportation C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 11:28 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 380 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 8B Project File Number: Item Title: ValleyRide Bus Service Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: S tephen Hunt, V RT Estimated Time f or P resentation: Title of I tem - ValleyRide Bus S ervice Update T his is a request f or S tephen Hunt, V RT P rincipal P lanner, to come before your C ity C ouncil to present ValleyRide B us Service Changes being proposed to go into eff ect in December. We’d like to get the C ity C ouncil members input bef ore finalizing the service changes which will be at the V RT Board meeting on September 24th. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 8/31/2018 O verview B ackup Material 8/31/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 11:28 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 381 of 461 700 NE 2nd Street, Suite 100 • Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 • 1.855.345.7433 TOPIC: 2019 Services Changes and Future Growth DATE: August 31, 2018 Summary: Valley Regional Transit has been working with the public to revise service in Ada and Canyon County in January of 2019, including those that serve Meridian. The proposed changes are designed to maximize the effectiveness of existing transit resources and connect more people to more places more often. The anticipated system changes and benefits for Meridian include; • Improved on-time performance on intercounty and canyon county services The public comment period for the initial concepts closed on Monday June 25 th . VRT received several hundred comments. VRT staff has revised the original proposal for services that touch Meridian in the ways listed below. A detailed description of the service concepts is also attached. • Revise the 40 Nampa Express to serve downtown and BSU in a one-way loop rather than the two-way hook • Revise the 42 Happy Day Transit Center to Towne Square Mall to serve the growing areas along Franklin and Overland In addition to the upcoming service change VRT is continuing its work to plan for expanded transit service across the Treasure Valley. ValleyConnnect 2.0 identifies two scenarios (Intermediate and Growth). The Intermediate Scenario would double the amount of transit service in the Treasure Valley and connect Meridian to Kuna and Eagle and improve connections with Boise and Nampa by enhancing the intercounty services and providing new connections on Cherry Lane, Franklin, Chinden, Linder, Overland, Fairview, Ustick and Eagle. The Growth Scenario would quadruple the amount of transit service in the Treasure Valley and make it much easier to travel within Meridian and to neighboring communities on transit. This scenario would provide new connections on Linder, Locust Grove, Pine/Emerald, and improve connections on Overland, Fairview and Ustick. The Growth Scenario would also provide some late night service and service on the weekend. Staff Recommendation/Request: Information Item: VRT staff has been working with the City of Meridian staff to integrate both near and long term transit plans with local comprehensive plans and near term budgets. We request continued staff support to develop potential service scenarios and budgets for 2020 that would help current Meridian residents meet their travel needs. We also request staff support to identify the location of transit infrastructure that will be necessary to serve Meridian residents. Meridian City Council Meeting Agenda September 4, 2018 – Page 382 of 461 Implication (policy and/or financial): The proposed changes to the intercounty routes will help improve system productivity and efficiencies. Staff collaboration would provide budget information on transit improvements for your consideration during the development of the fiscal year 2020 budget. More Information: Stephen Hunt, Principal Planner, 208.258.2701, shunt@valleyregionaltransit.org Meridian City Council Meeting Agenda September 4, 2018 – Page 383 of 461 1 700 N. East 2nd Street, Suite 100 • Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 • 1.855.345.7433 2018 Service Changes Canyon County Meridian City Council Meeting Agenda September 4, 2018 – Page 384 of 461 2 700 N. East 2nd Street, Suite 100 • Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 • 1.855.345.7433 Proposed Downtown Service 40 – Nampa/Meridian Express What We Heard The public was very adamantly opposed to shortening this route to end at Main & 8 th . They felt that the Boise State Shuttle would be too unreliable in the summer and too crowded in the school year. Directly serving Saint Luke’s and Boise State were important services, and should remain. Revised Proposal In light of these comments, we are proposing the following adjustments to accommodate the needs of the riders, while still adhering to the policies established in ValleyConnect2.0 : • The route will make a one-way loop through downtown Boise and Boise State. The morning buses will run from the Connector to 13 th & Main, down Main to Broadway, around the university and back out. The afternoon buses will reverse the direction, serving Boise State first, then down Idaho to get back to I-184. Meridian City Council Meeting Agenda September 4, 2018 – Page 385 of 461 3 700 N. East 2nd Street, Suite 100 • Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 • 1.855.345.7433 42 – Happy Day Transit Center to Towne Square Mall What We Heard While not necessarily supportive of this change, the public was generally understanding of the reasoning behind it. Their primary concern was that the same number of trips would be provided as is currently provided by the 41 and 42 routes. We are planning to do this. Revised Proposal In light of these comments, we are proposing the following adjustments to accommodate the needs of the riders, while still adhering to the policies established in ValleyConnect2.0 : • By using surface streets, the route can run in approximately the same amount of time, and generally be more consistent throughout the day. • Providing service down Overland Road will make the 40 bus more trustworthy for Meridian riders because riders can make it to the Black Marlin and 10 Mile stops in the middle of the day if needed. • This route will now serve the Nampa Saint Luke’s and the 10 Mile Crossing, among other locations in west Ada County and east Canyon County. Meridian City Council Meeting Agenda September 4, 2018 – Page 386 of 461 4 700 N. East 2nd Street, Suite 100 • Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 • 1.855.345.7433 Changes Due to Budget Shortfall 51 East Nampa Roughly 11 daily hours (of 17 daily hours) of service will be reduced. We are asking the public to weigh in on whether the service would be better provided in the middle of the day or during the peak period. Meridian City Council Meeting Agenda September 4, 2018 – Page 387 of 461 FALL 2018 SERVICE CHANGE UPDATE City of Meridian, City Council September 4, 2018 Fall 2018 Service Change Update Presentation Outline Performance Report of Existing Services Current Service Change Objectives Upcoming 2020 Budget and ValleyConnect 2.0 Next Steps o Open House & Public Hearing & Approval o Fare increase o Improved performance reporting 2018 Performance Report Meridian Services Ridership Route Feb Mar Apr May 40 1,200 1,300 1,300 1,500 41 & 42 310 330 350 370 Harvest Transit 860 900 800 800 Total 2,370 2,530 2,450 2,670 2018 Performance Report Local Contributions Compared to Active Transit Users and Annual Trips Est. # of Active Riders Local Service Contribution* Cost/Active Rider Annual Trips** Local Contribution/ Trip Est. Fare/Trip 300 $172,000 $570 19,400 $8.90 $0.55 *Based on 2018 contribution requests, includes the costs for paratransit services **Est 2018 Ridership Comparable costs per trip Type Across Town (6 mi) Intercity (11 mi) Private Auto* $3.30 $6.00 Lyft** $12.30 $20.50 Taxi*** $16.30 $32.00 *Based on 2017 AAA Costs per Mile for Medium Sedan averaging 15,000 miles/year **Based on sample Lyft trips ***Based on Taxi Finder https://www.taxifarefinder.com Meridian Services •Update with Meridian numbers •Get information about Harvest Transit •Update Lyft and Taxi costs 2018 Service Change Service change objectives Improve on-time performance o Retime intercounty and local services o Change routing of intercounty services Route 40 Route 41 & 42 2018 Service Change Service change objectives Intercounty Service Changes 2018 Service Change Service change objectives Intercounty Service Changes CWI Happy Day Transit Center Boise Towne Square Mall I-84 Cherry Lane Franklin Overland Te n M i l e 2020 and VC 2.0 2020 Rebalance Costs/Update Allocation Formulas Review Fare Revenues Draft Service Enhancements o Service to the Village o Connections on Fairview, Overland, Ustick, Chinden o Connections to Eagle 2020 and VC 2.0 ValleyConnect 2.0 Intermediate Scenario o 15 minute service on Fairview and Overland o Some Saturday local service o Improved connections on Cherry Lane, Franklin and interstate I-84 o Connections to Kuna and Eagle Growth Scenario o 15 minute all day service on Fairview, Overland, Pine/Emerald o Improved local connections on Ustick, Locust Grove, Franklin, Linder o New connections to East Nampa/CWI Meridian and Meridian Participants in VC2.0 o 90+ comments ~ 11% o 450 references to Meridian as a destination ~36% 2020 Shortfall and VC 2.0 Growing Demand Ada County o 76.1% More Transit Meridian 2017 Survey o Satisfaction with public transit significantly below peers o Majority of residents likely support increased funding 2020 Shortfall and VC 2.0 ValleyConnect 2.0 Intermediate Scenario $0.5M Growth Scenario $3.1M Meridian Contributions Compared to Active Transit Users and Annual Trips Scenario Est. # of Active Meridian Riders Meridian Service Contribution* Cost/ Active Rider Est. Trips in Meridian** Meridian Contribution/Trip Est. Fare/ Trip** Intermediate 1,000 $530,000 ($358,000 new) $410 95,000 $5.60 $1.20 Growth 12,000 $3,100,000 ($2,928,000 new) $250 856,000 $3.60 $1.20 *Based on illustrative distribution of costs for ValleyConnect 2.0 **Based on improved productivity and increased fare revenue per the goals of ValleyConnect 2.0 ValleyConnect 2.0 Intermediate Scenario $0.5M o 15 minute service on Fairview and Overland o Some Saturday local service o Improved connections on Cherry Lane, Franklin and interstate I-84 o Connections to Kuna and Eagle Growth Scenario $3.1M o 15 minute all day service on Fairview, Overland, Pine/Emerald o Improved local connections on Ustick, Locust Grove, Franklin, Linder o New connections to East Nampa/CWI 2020 and VC 2.0 2020 and VC 2.0 Current Service 2020 and VC 2.0 Intermediate Scenario 2020 and VC 2.0 Growth Scenario Transit Freedom: Mapped Transit Accessibility 7AM Current – The Village at Meridian Transit Accessibility 7AM Growth – The Village at Meridian Transit Freedom: Mapped 2020 and VC 2.0 Capital Needs Meridian Transit Centers Premium Transit Corridors Improved Bus Stops Park & Rides Integration with Comprehensive Plan UPDATE Next Steps Service Change Press Release – September 12 Public Hearing – September 2018 VRT Board Approval of Service Changes – October 2018 Fare Review Continue improving performance reporting Work with Meridian staff & committees to prepare 2020 budget considerations & identify capital needs/opportunities City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 9A Project File Number: Item Title: Resolution No. 18-2100 Resolution No. 18-2100: A Resolution Appointing Dom Gelsomino To Seat 1 Of The Meridian Parks And Recreation Commission. Meeting Notes: Ff APPROVED I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: M ayor D e Weerd Estimated Time f or P resentation: 2 minutes Title of I tem - Resolution No. 18-2100: A Resolution Appointing Dom Gelsomino To S eat 1 Of T he M eridian P arks And Recreation C ommission. R esolution A ppointing Dom G elsomino to Parks C ommission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso Appointing D om Gelsomino to P arks Resolution 8/30/2018 Dom Gelsomino A pplication B ackup Material 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/30/2018 - 12:45 P M L egal.A lbertson, Michelle Approved 8/30/2018 - 12:46 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 388 of 461 CITY OF MERIDIAN RESOLUTION NO. 18-2100 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING DOM GELSOMINO TO SEAT 1 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, Seat 1 of the Meridian Parks and Recreation Commission is currently vacant; WHEREAS, Dom Gelsomino may be appointed to Seat 1 to fulfill the remainder of the vacated term to expire October 31, 2019; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Commissioner Dom Gelsomino as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Dom Gelsomino shall be appointed to Seat 1 of the Meridian Parks and Recreation Commission, which term shall run through October 31, 2019. Section 2. 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 4*' day of September, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this4"day of September, 2018. APPROVED: ATTES 0 AUGUST T X01 Mayor T de Weerd ` 1Dip14 ay Cole T RESOLUTION APPOINTING GELSOMINO TO SEAT I OF MERIDIAN PARKS AND RECREATION COMMISSION Meridian City Council Meeting Agenda September 4, 2018 – Page 390 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 391 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 392 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 393 of 461 City Council Meeting September 4, 2018 Item #9B: Hill’s Century Farm Sub. #11 Vicinity/Zoning Map Final Plat Landscape Plan Item #9C: Gurney Office Condos – Short Plat Vicinity/Zoning Map Changes to Agenda: None The Applicant for the following final plat is in agreement with the staff report but the response was received after the cut-off to be placed on the consent agenda. Item #9B: Hill’s Century Farm Sub. 11 - FP (H-2018-0068) Application(s):  Final Plat Size of property, existing zoning, and location: This site consists of 19.31 acres of land, zoned R-8, located east of S. Eagle Rd. and south of E. Amity Rd. History: This property was annexed and included in the preliminary plat for Hill’s Century Farm Subdivision in 2014; a DA was required as a provision of annexation. Summary of Request: The proposed final plat consists of 62 building lots for SFR detached homes and 11 common lots on 19.31 acres of land in the R-8 zoning district. The applicant submitted an open space & site amenity exhibit for the overall development at the request of staff to ensure consistency with the approved preliminary plat and conditions of approval – staff has deemed the proposed final plat to be in substantial conformance with the approved preliminary plat as required. Written Testimony: Kameron Nauahi, Brighton Corp., Applicant’s Representative – In agreement w/staff report Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0068, as presented in the staff report for the hearing date of September 4, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0068, as presented during the hearing on September 4, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0068 to the hearing date of September 4, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9C: Gurney Office Condos - SHP (H-2018-0080) Application(s):  Short Plat Size of property, existing zoning, and location: This site is located at 1803 & 1831 S. Topaz Way, in the C-G zoning district. Summary of Request: The proposed short plat consists of a subdivision of air space in an existing 11,160 s.f. building to create 3 separate units and common area for ownership purposes. Written Testimony: Peggy Breski, Horrocks Engineers, Applicant’s Representative (in agreement w/conditions) Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0080, as presented in the staff report for the hearing date of September 4, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0080, as presented during the hearing on September 4, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0080 to the hearing date of September 4, 2018 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 913 Project File Number: H-2018-0068 Item Title: Final Plat Hill's Century Farms No. 11 Final Plat Continued from July 24, 2018 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. Meeting Notes: &I APPROVED I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat Continued from J uly 24, 2018 for Hill's Century F arms No. 11 (H-2018- 0068) by Brighton Investments, L L C, L ocated E ast of S . E agle Rd. and S outh of E. Amity Rd. C lick H ere for Application M aterials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/4/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 2:54 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 394 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 1 STAFF REPORT MEETING DATE: September 4, 2018 Continued from: July 24 and August 21, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 62 building lots and 11 common area lots on 19.31 acres of land in an R-8 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 11 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2018-0068, 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-2018-0068, 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-2018-0068 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 east of S. Eagle Rd. and south of E. Amity Rd., in the southwest ¼ of Section 33, Township T.3., Range 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant Meridian City Council Meeting Agenda September 4, 2018 – Page 395 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 2 D. Representative: Kameron Nauahi, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 62 single-family residential building lots and 11 common lots on 19.31 acres of land in an R-8 zoning district. The minimum property size in this phase is 7,920 square feet (s.f.) with an average size of 8,554 s.f. This is the 10th phase of development of the Hill’s Century Farm Subdivision preliminary plat (PP-14-014); phase #10 was actually part of the Turf Farm preliminary plat but was phased in as part of the Hill’s Century Farm development. A total of 2.51 acres of open space is provided with this phase consisting of landscaped parkways and buffers along local streets. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. There are two (2) additional building lots shown in this phase than were depicted on the preliminary plat and the amount of common area has increased slightly. With the proposed plat, there are a total of 4 fewer lots overall than were depicted on the approved preliminary plat (an increase of 2 with the subject plat; 1 fewer with Phase 9; 2 fewer in Phase 5; and 3 fewer in Phase 7) and an increase in common area (in the subject phase and phases 1, 5 and 7). Therefore, the final plat is deemed to be in substantial compliance with the approved preliminary plat as required. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. The final plat prepared by KM Engineering, stamped on 6/11/2018 by Aaron L. Ballard shall be revised as follows: a. Note #13: Include recorded instrument number. b. Complete Reference note #R6 on sheet 1 3. The landscape plan prepared by KM Engineering, dated 6/19/2018, is approved as submitted. 4. Future development shall be generally consistent with the conceptual building elevations included in the development agreement. VII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. Meridian City Council Meeting Agenda September 4, 2018 – Page 396 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 3 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012; PP-14-014, Development Agreement #2015- 003138). 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 397 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 4 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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. Meridian City Council Meeting Agenda September 4, 2018 – Page 398 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 5 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 6/11/18) D. Proposed Landscape Plan (dated: 6/19/18) E. Common Driveway Exhibit F. Overall Open Space & Site Amenity Exhibit Meridian City Council Meeting Agenda September 4, 2018 – Page 399 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 6 Exhibit A – Vicinity/Zoning Map Meridian City Council Meeting Agenda September 4, 2018 – Page 400 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Meridian City Council Meeting Agenda September 4, 2018 – Page 401 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 8 Exhibit C – Proposed Final Plat (dated: 6/11/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 402 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 9 Meridian City Council Meeting Agenda September 4, 2018 – Page 403 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 10 Meridian City Council Meeting Agenda September 4, 2018 – Page 404 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 11 Exhibit D –Proposed Landscape Plan (dated: 6/19/18) Meridian City Council Meeting Agenda September 4, 2018 – Page 405 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 12 Exhibit E: Common Driveway Exhibit Meridian City Council Meeting Agenda September 4, 2018 – Page 406 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 13 Exhibit F: Overall Open Space & Site Amenity Exhibit Meridian City Council Meeting Agenda September 4, 2018 – Page 407 of 461 Hill’s Century Farm Subdivision No. 11 – FP H-2018-0068 PAGE 14 Meridian City Council Meeting Agenda September 4, 2018 – Page 408 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 9C Project File Number: H-2018-0080 Item Title: Public Hearing for Gurney Office Condos Public Hearing for Gurney Office Condos (H-2018-0080) by Horrocks Engineers, Located at 1803 and 1831 S. Topaz Way Request: Short Plat to convert existing 11,160 square -foot multi -tenant commercial building in to 3 tenant spaces Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Gurney Office Condos (H-2018-0080) by Horrocks Engineers , Located at 1803 and 1831 S . Topaz Way C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/30/2018 - 10:55 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 409 of 461 Hearing Date: 9/4/2018 Hearing Type: Council Item Number: 9C Project Name: Gurney Office Condos Project Number: H-2018-0080 Signature Name Address City-State-Zip For Against Neutral I Wish To Testify Sign In Date/Time Gurney Office Condominium – SHP H-2018-0080 PAGE 1 STAFF REPORT HEARING DATE: September 4, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Gurney Office Condos – SHP (H-2018-0080) I. APPLICATION SUMMARY The applicant, Horrocks Engineers, has applied for a short plat (SHP) to condominiumize an existing 11,160 square-foot commercial building into three (3) tenant spaces and common area. II. STAFF RECOMMENDATION Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0080 as presented in the staff report for the hearing date of September 4, 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-2018-0080, as presented during the hearing on September 4, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0080 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notification published on: August 17, 2018 c. Radius notices mailed to properties within 300 feet on: August 10, 2018 d. Posted to Next Door: August 14, 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 410 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 2 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1803 & 1831 S. Topaz Way, in the NW ¼ of Section 21, Township 3N., Range 1E. B. Applicant: Horrocks Engineers 5700 E. Franklin Rd. Ste. 160 Nampa, ID 83687 C. Owner(s): BP Real Estate Meridian LLC. 1000 N Curtis Rd. Ste. 203 Boise, ID 83706 D. History: In 2017, a Certificate of Zoning Compliance and Design Review application was approved for the construction of an 11,442 square foot structure on this site (A-2017-0058). In 2018, a Property Boundary Adjustment was tentatively approved to consolidate two parcels into one (A-2018-0193). The Record of Survey has been recorded for the property consolidation (ROS #11396); however final Property Boundary Adjustment approval has not yet been granted approval by the Director. VI. STAFF ANALYSIS The proposed short plat depicts subdivision of air space in an existing 11,160 square foot building to create three separate units and common area for ownership purposes. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: June 4, 2018) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda September 4, 2018 – Page 411 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 3 Exhibit A.1 – Vicinity/Zoning Map Meridian City Council Meeting Agenda September 4, 2018 – Page 412 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 4 Exhibit A.2 – Short Plat (dated: June 4, 2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 413 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 5 Meridian City Council Meeting Agenda September 4, 2018 – Page 414 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 6 Meridian City Council Meeting Agenda September 4, 2018 – Page 415 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 7 Exhibit B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previous approval for this property (AZ-03-016, Inst. #2003- 103184140; PP-03-018; FP-03-002; A-2017-0058) approved for this property. 2. The final plat prepared by Horrocks Engineers, dated June 4, 2018 by Fritz Brownell, shall be revised as follows: a. Note #11: Include the recorded instrument number. b. Add Professional Land Surveyor signature and date to stamp at bottom of plat. c. Include a note stating ownership and maintenance responsibilities for the common areas. 3. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 5. Obtain final approval of the property boundary adjustment application (A-2018-0193). 6. Applicant shall ensure that the responsibility for payment of the sanitary sewer and water billing is addressed in the Condominium Declarations. Since the existing building is currently being served by a single water meter and sewer service line, the responsibility shall be with the business owners association. Meridian City Council Meeting Agenda September 4, 2018 – Page 416 of 461 Gurney Office Condominium – SHP H-2018-0080 PAGE 8 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use - Regional. The current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services have been provided to this building and are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services as services are already being provided to the property. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Meridian City Council Meeting Agenda September 4, 2018 – Page 417 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 9D Project File Number: Item Title: Republic Services FY19 SW Rate Adjustment Report Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Don Tibbets, Republic S ervices Estimated Time f or P resentation: Title of I tem - Republic S ervices F Y 19 S W Rate Adjustment Report C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Republic Services Memo Cover Memo 8/30/2018 F Y 19 Proposed F ee Schedule B ackup Material 8/30/2018 Draft C ontract Amendment to F ranchise A greement B ackup Material 8/30/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 2:49 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 418 of 461 M E M O R A N D U M TO: Mayor Tammy de Weerd Members of the Meridian City Council: Mr. Joe Borton, President Mr. Treg Bernt, Mr. Luke Cavener Ms. Genesis Milam Mr. Ty Palmer Ms. Anne Little Roberts FROM: Don Tibbets, General Manager, Republic Services of Idaho DATE: August 30, 2018 SUBJECT: FY 2019 Annual Rate Adjustment for Solid Waste Collection Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our Franchise Agreement with the City of Meridian with an effective date of October 1. Republic Services presented the proposed FY 2019 rate adjustment to the Solid Waste Advisory Commission on August 22, who recommended approval to council with the following changes: 1. Modify the rate sheet to improve transparency in the actual cost of residential trash and recycling, and 2. The addition of a contract amendment to allow for the addition of recycling processing and disposal fees to continue Meridian’s residential, commercial and industrial recycling programs. This Amendment is drafted to be in effect for FY 2019 only. Republic Services worked with Meridian Staff, including Legal and Finance, to address SWAC recommendations. Copies of the new rate sheet and proposed contract amendment are attached for your review. CPI Adjustment Methodology The Republic Services Franchise Agreement allows non-disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for June in the Consumer Price Index for the Pacific Northwest.. The Pacific Northwest CPI index is no longer published, so CPI for the Western Region of the United States is used. The 2018 change in CPI (at 90%) is 3.28%. The CPI adjustment is $0.43 per household per month. The commercial impact varies and is based on container size and frequency of collection. Household Hazardous Waste Collection Fiscal 2016 residential rates were adjusted to cover the cost of Household Hazardous Waste (HHW) service in Meridian. The rate was set to $0.24 per household per month. Use of the HHW program has not kept pace with household growth in the city. HHW fees collected were reconciled with cost for the program through May 2018 and a check in the amount of $26,033.47 was delivered to Meridian City on August 14, 2018. The current run rate for HHW cost supports a reduction of $0.04 for a new rate of $0.20 per household per month and is part of this request. New Rates The recycling program has long seen volatility in the commodities market. Historically the commodities market covered: 1. HHW costs (prior to Oct 2015), 2. Republic Services’ downside when the market did not cover the cost of processing, and 3. Cash for Meridian City’s recycling fund. 11101 West Executive Drive, Boise ID 83713 Office (208) 345-1265 Meridian City Council Meeting Agenda September 4, 2018 – Page 419 of 461 In 2017-2018 the global recycling markets collapsed with China closing ports to inbound recycling material. These materials have been rerouted to new markets and new uses for these materials are being actively addressed domestically. The market value of commodities no longer covers the cost for processing these recycling materials. Republic Services has been working with Meridian Staff and other cities in the valley to implement a Recycling Processing fee to cover the cost of processing these materials to ensure materials continue to be recycled. The value of these commodities covers only a portion of the cost to separate, bale and ship to domestic and overseas markets. Our request is $0.83 per residential household and $0.75 per commercial yard. These amounts cover a portion of the downside in the market and the associated franchise fee assessed by Utility Billing. Approval of these rates will ensure delivery of materials to a local recycling facility. If approved, the increase to residential rates will be $1.23 detailed as follows: CPI increase of $0.43, recycling increase of $0.83, tax on cart rental increase of $0.01, and HHW decrease of $0.04. Meridian City Council Meeting Agenda September 4, 2018 – Page 420 of 461 8/30/2018 page 1 of 5 Republic Services of Idaho Meridian City Proposed Rates Effective October 1, 2018 MUBS Fee Ninety Percent of Change in CPI 3.28% Idaho Sales Tax 6.00%These 6 fees add together into "TOTAL Service" fee 2018 2019 Disposal HHW Service Rental Tax Current Disposal Service CPI Service Recycle Service CPI Recycle Svc Recycle Processing HHW TOTAL Service Rental CPI Rent Rental Tax PROPOSED increase % of increase Min Max Row #RESIDENTIAL TRASH & RECYCLING 1 Residential 95 gallon service (includes 1 recycling cart)4.76 $0.24 12.000 1.08 0.06 $18.14 4.76 $8.00 0.262 4.000 0.131 0.830 0.200 13.42 1.08 0.035 1.12 0.07 19.37 $1.23 6.78% 3.27% 8.70% 2 Residential 65 gallon service (includes 1 recycling cart)2.88 0.24 11.880 1.08 0.06 $16.14 2.88 7.92 0.260 3.960 0.130 0.830 0.200 13.30 1.08 0.035 1.12 0.07 17.37 $1.23 7.62% 3 Residential 35 gallon service (includes 1 recycling cart)1.00 0.24 11.760 1.08 0.06 $14.14 1.00 7.84 0.257 3.920 0.129 0.830 0.200 13.18 1.08 0.035 1.12 0.07 15.37 $1.23 8.70% 4 Residential Extra Carts (per cart per month) - 1.710 0.54 0.03 $2.28 0.00 1.71 0.056 0.000 1.77 0.54 0.018 0.56 0.03 2.36 $0.08 3.51% 5 Residential Cart Pickup/ Upsize Exchange fee (per event) - 13.620 0.00 0.00 $13.62 0.00 13.62 0.447 0.000 14.07 0.00 0.000 0.00 0.00 14.07 $0.45 3.30% 6 Residential Cart Delivery (free) - 0.000 0.00 0.00 $0.00 0.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 - $0.00 - 7 Residential Carry Out Service - 32.090 0.00 0.00 $32.09 0.00 32.09 1.053 0.000 33.14 0.00 0.000 0.00 0.00 33.14 $1.05 3.27% 8 COMMERCIAL PERMANENT TRASH 9 Commercial Carts Delivery Charge - 10.230 0.00 0.00 10.23 0.00 10.23 0.336 0.000 10.57 0.00 0.000 0.00 0.00 10.57 $0.34 3.32% 10 11 Commercial Carts 1, 95 gallon cart (1 x per week)4.76 - 24.180 0.54 0.03 $29.51 4.76 24.18 0.793 0.000 24.97 0.54 0.018 0.56 0.03 30.32 $0.81 2.74% 2.71% 2.78% 12 Commercial Carts 1, 95 gallon cart (2 x per week)9.52 - 45.690 0.54 0.03 $55.78 9.52 45.69 1.499 0.000 47.19 0.54 0.018 0.56 0.03 57.30 $1.52 2.72% 13 Commercial Carts 1, 95 gallon cart (3 x per week)14.28 - 67.170 0.54 0.03 $82.02 14.28 67.17 2.203 0.000 69.37 0.54 0.018 0.56 0.03 84.24 $2.22 2.71% 14 15 Commercial Carts 2, 95 gallon cart (1 x per week)9.52 - 48.360 1.08 0.06 $59.02 9.52 48.36 1.586 0.000 49.95 1.08 0.035 1.12 0.07 60.66 $1.64 2.78% 16 Commercial Carts 2, 95 gallon cart (2 x per week)19.04 - 91.380 1.08 0.06 $111.56 19.04 91.38 2.997 0.000 94.38 1.08 0.035 1.12 0.07 114.61 $3.05 2.73% 17 Commercial Carts 2, 95 gallon cart (3 x per week)28.56 - 134.340 1.08 0.06 $164.04 28.56 134.34 4.406 0.000 138.75 1.08 0.035 1.12 0.07 168.50 $4.46 2.72% 18 19 Commercial Carts 3, 95 gallon cart (1 x per week)14.28 - 72.540 1.62 0.10 $88.54 14.28 72.54 2.379 0.000 74.92 1.62 0.053 1.67 0.10 90.97 $2.43 2.74% 20 Commercial Carts 3, 95 gallon cart (2 x per week)28.56 - 137.070 1.62 0.10 $167.35 28.56 137.07 4.496 0.000 141.57 1.62 0.053 1.67 0.10 171.90 $4.55 2.72% 21 Commercial Carts 3, 95 gallon cart (3 x per week)42.84 - 201.510 1.62 0.10 $246.07 42.84 201.51 6.610 0.000 208.12 1.62 0.053 1.67 0.10 252.73 $6.66 2.71% 22 23 Commercial Container Container Delivery Svc (2,3,6,8 yd options) - 23.340 0.00 0.00 $23.34 0.00 23.34 0.766 0.000 24.11 0.00 0.000 0.00 0.00 24.11 $0.77 3.30% 2.10% 3.31% 24 Commercial Container Lid Lock Installation (2,3,6,8 yd options)43.970 0.00 0.00 $43.97 0.00 43.97 1.442 0.000 45.41 0.00 0.000 0.00 0.00 45.41 $1.44 3.27% 25 Commercial Container Monthly Lock Service (2,3,6,8 yd options)12.670 0.00 0.00 $12.67 0.00 12.67 0.416 0.000 13.09 0.00 0.000 0.00 0.00 13.09 $0.42 3.31% 26 27 Commercial Container 2 yd (Extra Dump)1.91 - 21.840 0.00 0.00 $23.75 1.91 21.84 0.716 0.000 22.56 0.00 0.000 0.00 0.00 24.47 $0.72 3.03% 28 Commercial Container 3 yd (Extra Dump)3.81 - 28.550 0.00 0.00 $32.36 3.81 28.55 0.936 0.000 29.49 0.00 0.000 0.00 0.00 33.30 $0.94 2.90% 29 Commercial Container 6 yd (Extra Dump)7.62 - 39.230 0.00 0.00 $46.85 7.62 39.23 1.287 0.000 40.52 0.00 0.000 0.00 0.00 48.14 $1.29 2.75% 30 Commercial Container 8 yd (Extra Dump)10.16 - 50.080 0.00 0.00 $60.24 10.16 50.08 1.643 0.000 51.72 0.00 0.000 0.00 0.00 61.88 $1.64 2.72% 31 32 Commercial Containers 2 yd (1x per week)8.25 - 68.040 19.49 1.17 $96.95 8.25 68.04 2.232 0.000 70.27 19.49 0.639 20.13 1.21 99.86 $2.91 3.00% 33 Commercial Containers 2 yd (2x per week)16.50 - 100.580 19.49 1.17 $137.74 16.50 100.58 3.299 0.000 103.88 19.49 0.639 20.13 1.21 141.72 $3.98 2.89% 34 Commercial Containers 2 yd (3x per week)24.75 - 132.410 19.49 1.17 $177.82 24.75 132.41 4.343 0.000 136.75 19.49 0.639 20.13 1.21 182.84 $5.02 2.82% 35 Commercial Containers 2 yd (4x per week)33.00 - 184.920 19.49 1.17 $238.58 33.00 184.92 6.065 0.000 190.99 19.49 0.639 20.13 1.21 245.33 $6.75 2.83% 36 Commercial Containers 2 yd (5 x per week)41.25 - 237.290 19.49 1.17 $299.20 41.25 237.29 7.783 0.000 245.07 19.49 0.639 20.13 1.21 307.66 $8.46 2.83% 37 Commercial Containers 2 yd (6 x per week)49.50 - 289.670 19.49 1.17 $359.83 49.50 289.67 9.501 0.000 299.17 19.49 0.639 20.13 1.21 370.01 $10.18 2.83% 38 39 Commercial Containers 3 yd (1x per week)16.50 - 59.590 23.16 1.39 $100.64 16.50 59.59 1.955 0.000 61.54 23.16 0.760 23.92 1.44 103.40 $2.76 2.74% 40 Commercial Containers 3 yd (2 x per week)33.00 - 104.780 23.16 1.39 $162.33 33.00 104.78 3.437 0.000 108.22 23.16 0.760 23.92 1.44 166.58 $4.25 2.62% 41 Commercial Containers 3 yd (3 x per week)49.50 - 150.090 23.16 1.39 $224.14 49.50 150.09 4.923 0.000 155.01 23.16 0.760 23.92 1.44 229.87 $5.73 2.56% 42 Commercial Containers 3 yd (4 x per week)66.00 - 204.680 23.16 1.39 $295.23 66.00 204.68 6.714 0.000 211.39 23.16 0.760 23.92 1.44 302.75 $7.52 2.55% 43 Commercial Containers 3 yd (5 x per week)82.50 - 281.520 23.16 1.39 $388.57 82.50 281.52 9.234 0.000 290.75 23.16 0.760 23.92 1.44 398.61 $10.04 2.58% 44 Commercial Containers 3 yd (6 x per week)99.00 - 347.260 23.16 1.39 $470.81 99.00 347.26 11.390 0.000 358.65 23.16 0.760 23.92 1.44 483.01 $12.20 2.59% 45 46 Commercial Containers 6 yd (1 x per week)33.00 - 95.940 25.75 1.55 $156.24 33.00 95.94 3.147 0.000 99.09 25.75 0.845 26.59 1.60 160.28 $4.04 2.59% Meridian City Council Meeting Agenda September 4, 2018 – Page 421 of 461 8/30/2018 page 2 of 5 2018 2019 Disposal HHW Service Rental Tax Current Disposal Service CPI Service Recycle Service CPI Recycle Svc Recycle Processing HHW TOTAL Service Rental CPI Rent Rental Tax PROPOSED increase % of increase Min Max 47 Commercial Containers 6 yd (2 x per week)66.00 - 157.740 25.75 1.55 $251.04 66.00 157.74 5.174 0.000 162.91 25.75 0.845 26.59 1.60 257.10 $6.06 2.41% 48 Commercial Containers 6 yd (3 x per week)99.00 - 219.430 25.75 1.55 $345.73 99.00 219.43 7.197 0.000 226.63 25.75 0.845 26.59 1.60 353.82 $8.09 2.34% 49 Commercial Containers 6 yd (4 x per week)132.00 - 301.690 25.75 1.55 $460.99 132.00 301.69 9.895 0.000 311.59 25.75 0.845 26.59 1.60 471.78 $10.79 2.34% 50 Commercial Containers 6 yd (5 x per week)165.00 - 384.010 25.75 1.55 $576.31 165.00 384.01 12.596 0.000 396.61 25.75 0.845 26.59 1.60 589.80 $13.49 2.34% 51 Commercial Containers 6 yd (6 x per week)198.00 - 466.270 25.75 1.55 $691.57 198.00 466.27 15.294 0.000 481.56 25.75 0.845 26.59 1.60 707.75 $16.18 2.34% 52 53 Commercial Containers 8 yd (1 x per week)44.00 - 112.500 26.86 1.61 $184.97 44.00 112.50 3.690 0.000 116.19 26.86 0.881 27.74 1.66 189.59 $4.62 2.50% 54 Commercial Containers 8 yd (2 x per week)88.00 - 169.180 26.86 1.61 $285.65 88.00 169.18 5.549 0.000 174.73 26.86 0.881 27.74 1.66 292.13 $6.48 2.27% 55 Commercial Containers 8 yd (3 x per week)132.00 - 224.730 26.86 1.61 $385.20 132.00 224.73 7.371 0.000 232.10 26.86 0.881 27.74 1.66 393.50 $8.30 2.15% 56 Commercial Containers 8 yd (4 x per week)176.00 - 293.440 26.86 1.61 $497.91 176.00 293.44 9.625 0.000 303.06 26.86 0.881 27.74 1.66 508.46 $10.55 2.12% 57 Commercial Containers 8 yd (5 x per week)220.00 - 369.700 26.86 1.61 $618.17 220.00 369.70 12.126 0.000 381.83 26.86 0.881 27.74 1.66 631.23 $13.06 2.11% 58 Commercial Containers 8 yd (6 x per week)264.00 - 440.480 26.86 1.61 $732.95 264.00 440.48 14.448 0.000 454.93 26.86 0.881 27.74 1.66 748.33 $15.38 2.10% 59 Commercial Containers 8 yd (7 x per week)308.00 - 790.960 26.86 1.61 $1,127.43 308.00 790.96 25.943 0.000 816.90 26.86 0.881 27.74 1.66 1,154.30 $26.87 2.38% 60 61 Commercial Compactors 2 yd (base price per pickup per week) 5.08 - 49.910 0.00 0.00 $54.99 5.08 49.91 1.637 0.000 51.55 0.00 0.000 0.00 0.00 56.63 $1.64 2.98% 2.92% 2.98% 62 Commercial Compactors 3 yd (base price per pickup per week)7.62 - 68.140 0.00 0.00 $75.76 7.62 68.14 2.235 0.000 70.37 0.00 0.000 0.00 0.00 77.99 $2.23 2.94% 63 Commercial Compactors 4 yd (base price per pickup per week)10.15 - 86.770 0.00 0.00 $96.92 10.15 86.77 2.846 0.000 89.62 0.00 0.000 0.00 0.00 99.77 $2.85 2.94% 64 Commercial Compactors 5 yd (base price per pickup per week)12.70 - 105.430 0.00 0.00 $118.13 12.70 105.43 3.458 0.000 108.89 0.00 0.000 0.00 0.00 121.59 $3.46 2.93% 65 Commercial Compactors 6 yd (base price per pickup per week)15.24 - 123.510 0.00 0.00 $138.75 15.24 123.51 4.051 0.000 127.56 0.00 0.000 0.00 0.00 142.80 $4.05 2.92% 66 Commercial Compactors 8 yd (base price per pickup per week)20.32 - 166.060 0.00 0.00 $186.38 20.32 166.06 5.447 0.000 171.51 0.00 0.000 0.00 0.00 191.83 $5.45 2.92% 67 68 COMMERCIAL TEMPORARY TRASH 69 Commercial Temporary Service 3 yd Haul Svc (Municipal Solid Waste)3.81 - 28.550 0.00 0.00 $32.36 3.81 28.55 0.936 0.000 29.49 0.00 0.000 0.00 0.00 33.30 $0.94 2.90% 2.69% 3.30% 70 Commercial Temporary Service 3 yd Haul Svc (Construction and Demolition)7.62 - 97.460 0.00 0.00 $105.08 7.62 97.46 3.197 0.000 100.66 0.00 0.000 0.00 0.00 108.28 $3.20 3.05% 71 Commercial Temporary Service 3 yd (Monthly Rent) - 0.000 23.16 1.39 $24.55 0.00 0.00 0.000 0.000 - 23.16 0.760 23.92 1.44 25.36 $0.81 3.30% 72 Commercial Temporary Service 3 yd (Daily Rent) - 0.000 0.76 0.05 $0.81 0.00 0.00 0.000 0.000 - 0.76 0.025 0.79 0.05 0.84 $0.03 3.19% 73 74 Commercial Temporary Service 6 yd Haul Svc (Municipal Solid Waste)7.62 - 39.230 0.00 0.00 $46.85 7.62 39.23 1.287 0.000 40.52 0.00 0.000 0.00 0.00 48.14 $1.29 2.75% 75 Commercial Temporary Service 6 yd Haul Svc (Construction and Demolition)15.24 - 143.420 0.00 0.00 $158.66 15.24 143.42 4.704 0.000 148.12 0.00 0.000 0.00 0.00 163.36 $4.70 2.96% 76 Commercial Temporary Service 6 yd (Monthly Rent) - 0.000 25.75 1.55 $27.30 0.00 0.00 0.000 0.000 - 25.75 0.845 26.59 1.60 28.19 $0.89 3.26% 77 Commercial Temporary Service 6 yd (Daily Rent) - 0.000 0.85 0.05 $0.90 0.00 0.00 0.000 0.000 - 0.85 0.028 0.87 0.05 0.92 $0.02 2.69% 78 79 Commercial Temporary Service 8 yd Haul Svc (Municipal Solid Waste)10.16 - 50.080 0.00 0.00 $60.24 10.16 50.08 1.643 0.000 51.72 0.00 0.000 0.00 0.00 61.88 $1.64 2.72% 80 Commercial Temporary Service 8 yd (Monthly Rent) - 0.000 26.86 1.61 $28.47 0.00 0.00 0.000 0.000 - 26.86 0.881 27.74 1.66 29.40 $0.93 3.27% 81 Commercial Temporary Service 8 yd (Daily Rent) - 0.000 0.88 0.05 $0.93 0.00 0.00 0.000 0.000 - 0.88 0.029 0.91 0.05 0.96 $0.03 3.11% 82 83 COMMERCIAL PERMANENT RECYCLING 84 Commercial Commingled Recycla Container Delivery Charge (3,5,6,8 yd options) - 23.340 0.00 0.00 $23.34 0.00 23.34 0.766 0.000 24.11 0.00 0.000 0.00 0.00 24.11 $0.77 3.30% 85 86 Commercial Commingled Recycla 3 yd (Extra Dump) - 13.820 0.00 0.00 $13.82 0.00 13.82 0.453 2.13 0.000 16.40 0.00 0.000 0.00 0.00 16.40 $2.58 18.67% 87 Commercial Commingled Recycla 3 yd (Every Other Week) - 18.290 23.16 1.39 $42.84 0.00 18.29 0.600 4.61 0.000 23.50 23.16 0.760 23.92 1.44 48.86 $6.02 14.05% 88 Commercial Commingled Recycla 3 yd (1 x week) - 24.190 23.16 1.39 $48.74 0.00 24.19 0.793 9.22 0.000 34.21 23.16 0.760 23.92 1.44 59.57 $10.83 22.22% 89 Commercial Commingled Recycla 3 yd (2 x week) - 58.380 23.16 1.39 $82.93 0.00 58.38 1.915 18.45 0.000 78.74 23.16 0.760 23.92 1.44 104.10 $21.17 25.53% 90 Commercial Commingled Recycla 3 yd (3 x week) - 92.590 23.16 1.39 $117.14 0.00 92.59 3.037 27.67 0.000 123.30 23.16 0.760 23.92 1.44 148.66 $31.52 26.91% 91 Commercial Commingled Recycla 3 yd (4 x week) - 126.790 23.16 1.39 $151.34 0.00 126.79 4.159 36.89 0.000 167.84 23.16 0.760 23.92 1.44 193.20 $41.86 27.66% 92 Commercial Commingled Recycla 3 yd (5 x week) - 160.980 23.16 1.39 $185.53 0.00 160.98 5.280 46.11 0.000 212.37 23.16 0.760 23.92 1.44 237.73 $52.20 28.14% 93 94 Commercial Commingled Recycla 5 yd (Extra Dump) - 17.880 0.00 0.00 $17.88 0.00 17.88 0.586 3.55 0.000 22.02 0.00 0.000 0.00 0.00 22.02 $4.14 23.15% 95 Commercial Commingled Recycla 5 yd (Every Other Week) - 32.120 23.49 1.41 $57.02 0.00 32.12 1.054 7.69 0.000 40.86 23.49 0.770 24.26 1.46 66.58 $9.56 16.77% 96 Commercial Commingled Recycla 5 yd (1 x week) - 47.520 23.49 1.41 $72.42 0.00 47.52 1.559 15.37 0.000 64.45 23.49 0.770 24.26 1.46 90.17 $17.75 24.51% 97 Commercial Commingled Recycla 5 yd (2 x week) - 89.810 23.49 1.41 $114.71 0.00 89.81 2.946 30.74 0.000 123.50 23.49 0.770 24.26 1.46 149.22 $34.51 30.08% 98 Commercial Commingled Recycla 5 yd (3 x week) - 131.660 23.49 1.41 $156.56 0.00 131.66 4.318 46.11 0.000 182.09 23.49 0.770 24.26 1.46 207.81 $51.25 32.74% 99 Commercial Commingled Recycla 5 yd (4 x week) - 173.730 23.49 1.41 $198.63 0.00 173.73 5.698 61.49 0.000 240.91 23.49 0.770 24.26 1.46 266.63 $68.00 34.23% Meridian City Council Meeting Agenda September 4, 2018 – Page 422 of 461 8/30/2018 page 3 of 5 2018 2019 Disposal HHW Service Rental Tax Current Disposal Service CPI Service Recycle Service CPI Recycle Svc Recycle Processing HHW TOTAL Service Rental CPI Rent Rental Tax PROPOSED increase % of increase Min Max 100 Commercial Commingled Recycla 5 yd (5 x week) - 215.790 23.49 1.41 $240.69 0.00 215.79 7.078 76.86 0.000 299.73 23.49 0.770 24.26 1.46 325.45 $84.76 35.22% 101 102 Commercial Commingled Recycla 6 yd (Extra Dump) - 21.810 0.00 0.00 $21.81 0.00 21.81 0.715 4.26 0.000 26.79 0.00 0.000 0.00 0.00 26.79 $4.98 22.83% 103 Commercial Commingled Recycla 6 yd (Every Other Week) - 40.150 25.75 1.55 $67.45 0.00 40.15 1.317 9.22 0.000 50.69 25.75 0.845 26.59 1.60 78.88 $11.43 16.95% 104 Commercial Commingled Recycla 6 yd (1 x week) - 46.640 25.75 1.55 $73.94 0.00 46.64 1.530 18.45 0.000 66.62 25.75 0.845 26.59 1.60 94.81 $20.87 28.23% 105 Commercial Commingled Recycla 6 yd (2 x week) - 99.310 25.75 1.55 $126.61 0.00 99.31 3.257 36.89 0.000 139.46 25.75 0.845 26.59 1.60 167.65 $41.04 32.41% 106 Commercial Commingled Recycla 6 yd (3 x week) - 151.980 25.75 1.55 $179.28 0.00 151.98 4.985 55.34 0.000 212.30 25.75 0.845 26.59 1.60 240.49 $61.21 34.14% 107 Commercial Commingled Recycla 6 yd (4 x week) - 204.650 25.75 1.55 $231.95 0.00 204.65 6.713 73.78 0.000 285.15 25.75 0.845 26.59 1.60 313.34 $81.39 35.09% 108 Commercial Commingled Recycla 6 yd (5 x week) - 257.330 25.75 1.55 $284.63 0.00 257.33 8.440 92.23 0.000 358.00 25.75 0.845 26.59 1.60 386.19 $101.56 35.68% 109 110 Commercial Commingled Recycla 8 yd (Extra Dump) - 30.010 0.00 0.00 $30.01 0.00 30.01 0.984 5.68 0.000 36.67 0.00 0.000 0.00 0.00 36.67 $6.66 22.19% 111 Commercial Commingled Recycla 8 yd (Every Other Week) - 49.670 26.86 1.61 $78.14 0.00 49.67 1.629 12.30 0.000 63.60 26.86 0.881 27.74 1.66 93.00 $14.86 19.02% 112 Commercial Commingled Recycla 8 yd (1 x week) - 56.290 26.86 1.61 $84.76 0.00 56.29 1.846 24.59 0.000 82.73 26.86 0.881 27.74 1.66 112.13 $27.37 32.29% 113 Commercial Commingled Recycla 8 yd (2 x week) - 119.490 26.86 1.61 $147.96 0.00 119.49 3.919 49.19 0.000 172.60 26.86 0.881 27.74 1.66 202.00 $54.04 36.52% 114 Commercial Commingled Recycla 8 yd (3 x week) - 182.700 26.86 1.61 $211.17 0.00 182.70 5.993 73.78 0.000 262.48 26.86 0.881 27.74 1.66 291.88 $80.71 38.22% 115 Commercial Commingled Recycla 8 yd (4 x week) - 245.930 26.86 1.61 $274.40 0.00 245.93 8.067 98.38 0.000 352.37 26.86 0.881 27.74 1.66 381.77 $107.37 39.13% 116 Commercial Commingled Recycla 8 yd (5 x week) - 310.910 26.86 1.61 $339.38 0.00 310.91 10.198 122.97 0.000 444.08 26.86 0.881 27.74 1.66 473.48 $134.10 39.51% 117 118 Commercial Commingled Recycla 95 gallon carts (1 cart/week) - 10.190 0.54 0.03 $10.76 0.00 10.19 0.334 1.54 0.000 12.06 0.54 0.018 0.56 0.03 12.65 $1.89 17.57% 119 Commercial Commingled Recycla 95 gallon carts (2 cart/week) - 15.030 1.08 0.06 $16.17 0.00 15.03 0.493 3.07 0.000 18.60 1.08 0.035 1.12 0.07 19.79 $3.62 22.39% 120 Commercial Commingled Recycla 95 gallon carts (3 cart/week) - 19.880 1.62 0.10 $21.60 0.00 19.88 0.652 4.61 0.000 25.14 1.62 0.053 1.67 0.10 26.91 $5.31 24.58% 121 Commercial Commingled Recycla 95 gallon carts (4 cart/week) - 24.740 2.16 0.13 $27.03 0.00 24.74 0.811 6.15 0.000 31.70 2.16 0.071 2.23 0.13 34.06 $7.03 26.01% 122 Commercial Commingled Recycla 95 gallon carts (5 cart/week) - 29.560 2.70 0.16 $32.42 0.00 29.56 0.970 7.69 0.000 38.22 2.70 0.089 2.79 0.17 41.18 $8.76 27.02% 123 124 INDUSTRIAL TRASH 125 Industrial Trash Container Delivery Svc 6 - 10 yd - 23.600 0.00 0.00 $23.60 0.00 23.60 0.774 0.000 24.37 0.00 0.000 0.00 0.00 24.37 $0.77 3.26% 2.96% 3.53% 126 Industrial Trash 6 - 10 yd containers (Haul Svc) - 58.320 0.00 0.00 $58.32 0.00 58.32 1.913 0.000 60.23 0.00 0.000 0.00 0.00 60.23 $1.91 3.28% 127 128 Industrial Trash 6 yd Disposal Fee (Municipal Solid Waste)34.98 - 0.000 0.00 0.00 $34.98 34.98 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 34.98 $0.00 - 129 Industrial Trash 6 yd Disposal Fee (C&D/Compacted)69.96 - 0.000 0.00 0.00 $69.96 69.96 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 69.96 $0.00 - 130 Industrial Trash 6 yd Disposal Fee (Wood)17.52 - 0.000 0.00 0.00 $17.52 17.52 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 17.52 $0.00 - 131 Industrial Trash 6 yd Disposal Fee (Sheetrock)38.16 - 0.000 0.00 0.00 $38.16 38.16 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 38.16 $0.00 - 132 Industrial Trash 6 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.000 0.00 0.00 $21.20 21.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 21.20 $0.00 - 133 Industrial Trash 6 yd (Monthly Rent) - 0.000 49.21 2.95 $52.16 0.00 0.00 0.000 0.000 - 49.21 1.614 50.82 3.05 53.87 $1.71 3.28% 134 Industrial Trash 6 yd (Daily Rent) - 0.000 1.62 0.10 $1.72 0.00 0.00 0.000 0.000 - 1.62 0.053 1.67 0.10 1.77 $0.05 2.96% 135 136 Industrial Trash 8 yd Disposal Fee (Municipal Solid Waste)46.64 - 0.000 0.00 0.00 $46.64 46.64 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 46.64 $0.00 - 137 Industrial Trash 8 yd Disposal Fee (C&D/Compacted)93.28 - 0.000 0.00 0.00 $93.28 93.28 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 93.28 $0.00 - 138 Industrial Trash 8 yd Disposal Fee (Wood)23.36 - 0.000 0.00 0.00 $23.36 23.36 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 23.36 $0.00 - 139 Industrial Trash 8 yd Disposal Fee (Sheetrock)50.88 - 0.000 0.00 0.00 $50.88 50.88 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 50.88 $0.00 - 140 Industrial Trash 8 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.000 0.00 0.00 $21.20 21.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 21.20 $0.00 - 141 Industrial Trash 8 yd (Monthly Rent) - 0.000 63.78 3.83 $67.61 0.00 0.00 0.000 0.000 - 63.78 2.092 65.87 3.95 69.82 $2.21 3.27% 142 Industrial Trash 8 yd (Daily Rent) - 0.000 2.10 0.13 $2.23 0.00 0.00 0.000 0.000 - 2.10 0.069 2.17 0.13 2.30 $0.07 3.09% 143 144 Industrial Trash 10 yd Disposal Fee (Municipal Solid Waste)58.30 - 0.000 0.00 0.00 $58.30 58.30 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 58.30 $0.00 - 145 Industrial Trash 10 yd Disposal Fee (C&D/Compacted)116.60 - 0.000 0.00 0.00 $116.60 116.60 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 116.60 $0.00 - 146 Industrial Trash 10 yd Disposal Fee (Wood)29.20 - 0.000 0.00 0.00 $29.20 29.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 29.20 $0.00 - 147 Industrial Trash 10 yd Disposal Fee (Sheetrock)63.60 - 0.000 0.00 0.00 $63.60 63.60 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 63.60 $0.00 - 148 Industrial Trash 10 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.000 0.00 0.00 $21.20 21.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 21.20 $0.00 - 149 Industrial Trash 10 yd (Monthly Rent) - 0.000 71.08 4.26 $75.34 0.00 0.00 0.000 0.000 - 71.08 2.331 73.41 4.40 77.81 $2.47 3.28% 150 Industrial Trash 10 yd (Daily Rent) - 0.000 2.34 0.14 $2.48 0.00 0.00 0.000 0.000 - 2.34 0.077 2.42 0.15 2.57 $0.09 3.53% 151 152 Industrial Trash Container Delivery Svc 20 - 40 yd - 23.600 0.00 0.00 $23.60 0.00 23.60 0.774 0.000 24.37 0.00 0.000 0.00 0.00 24.37 $0.77 3.26% Meridian City Council Meeting Agenda September 4, 2018 – Page 423 of 461 8/30/2018 page 4 of 5 2018 2019 Disposal HHW Service Rental Tax Current Disposal Service CPI Service Recycle Service CPI Recycle Svc Recycle Processing HHW TOTAL Service Rental CPI Rent Rental Tax PROPOSED increase % of increase Min Max 153 Industrial Trash/Recycling 20 - 40 yd screen lid 0.000 35.79 2.15 $37.94 0.00 0.000 0.000 - 35.79 1.174 36.96 2.22 39.18 $1.24 3.27% 154 155 Industrial Trash 10 - 40 yd containers (Haul Svc) - 130.160 0.00 0.00 $130.16 0.00 130.16 4.269 0.000 134.43 0.00 0.000 0.00 0.00 134.43 $4.27 3.28% 156 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - Ada Count - 160.910 0.00 0.00 $160.91 0.00 160.91 5.278 0.000 166.19 0.00 0.000 0.00 0.00 166.19 $5.28 3.28% 157 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Was - 255.850 0.00 0.00 $255.85 0.00 255.85 8.392 0.000 264.24 0.00 0.000 0.00 0.00 264.24 $8.39 3.28% 158 159 Industrial Trash 20 yd Disposal Fee (Municipal Solid Waste)116.60 - 0.000 0.00 0.00 $116.60 116.60 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 116.60 $0.00 - 160 Industrial Trash 20 yd Disposal Fee (C&D/Compacted)233.20 - 0.000 0.00 0.00 $233.20 233.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 233.20 $0.00 - 161 Industrial Trash 20 yd Disposal Fee (Wood)58.40 - 0.000 0.00 0.00 $58.40 58.40 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 58.40 $0.00 - 162 Industrial Trash 20 yd Disposal Fee (Sheetrock)127.20 - 0.000 0.00 0.00 $127.20 127.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 127.20 $0.00 - 163 Industrial Trash 20 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.000 0.00 0.00 $21.20 21.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 21.20 $0.00 - 164 Industrial Trash 20 yd Disposal Fee (Asbestos - Ada County La 800.00 - 0.000 0.00 0.00 $800.00 800.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 800.00 $0.00 - 165 Industrial Trash 20 yd Disposal Fee (Asbestos - Idaho Waste S 800.00 - 0.000 0.00 0.00 $800.00 800.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 800.00 $0.00 - 166 Industrial Trash 20 yd (Monthly Rent) - 0.000 81.73 4.90 $86.63 0.00 0.00 0.000 0.000 - 81.73 2.681 84.41 5.06 89.47 $2.84 3.28% 167 Industrial Trash 20yd (Daily Rent) - 0.000 2.69 0.16 $2.85 0.00 0.00 0.000 0.000 - 2.69 0.088 2.78 0.17 2.95 $0.10 3.52% 168 169 Industrial Trash 30 yd Disposal Fee (Municipal Solid Waste)174.90 - 0.000 0.00 0.00 $174.90 174.90 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 174.90 $0.00 - 170 Industrial Trash 30 yd Disposal Fee (C&D/Compacted)349.80 - 0.000 0.00 0.00 $349.80 349.80 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 349.80 $0.00 - 171 Industrial Trash 30 yd Disposal Fee (Wood)87.60 - 0.000 0.00 0.00 $87.60 87.60 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 87.60 $0.00 - 172 Industrial Trash 30 yd Disposal Fee (Sheetrock)190.80 - 0.000 0.00 0.00 $190.80 190.80 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 190.80 $0.00 - 173 Industrial Trash 30 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.000 0.00 0.00 $21.20 21.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 21.20 $0.00 - 174 Industrial Trash 30 yd Disposal Fee (Asbestos - Ada County La 1200.00 - 0.000 0.00 0.00 $1,200.00 1200.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 1,200.00 $0.00 - 175 Industrial Trash 30 yd Disposal Fee (Asbestos - Idaho Waste S 1200.00 - 0.000 0.00 0.00 $1,200.00 1200.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 1,200.00 $0.00 - 176 Industrial Trash 30 yd (Monthly Rent) - 0.000 99.88 5.99 $105.87 0.00 0.00 0.000 0.000 - 99.88 3.276 103.16 6.19 109.35 $3.48 3.29% 177 Industrial Trash 30 yd (Daily Rent) - 0.000 3.28 0.20 $3.48 0.00 0.00 0.000 0.000 - 3.28 0.108 3.39 0.20 3.59 $0.11 3.02% 178 179 Industrial Trash 40 yd Disposal Fee (Municipal Solid Waste)233.20 - 0.000 0.00 0.00 $233.20 233.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 233.20 $0.00 - 180 Industrial Trash 40 yd Disposal Fee (C&D/Compacted)466.40 - 0.000 0.00 0.00 $466.40 466.40 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 466.40 $0.00 - 181 Industrial Trash 40 yd Disposal Fee (Wood)116.80 - 0.000 0.00 0.00 $116.80 116.80 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 116.80 $0.00 - 182 Industrial Trash 40 yd Disposal Fee (Sheetrock)254.40 - 0.000 0.00 0.00 $254.40 254.40 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 254.40 $0.00 - 183 Industrial Trash 40 yd Disposal Fee (Clean Rock, Gravel, etc.)21.20 - 0.000 0.00 0.00 $21.20 21.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 21.20 $0.00 - 184 Industrial Trash 40 yd Disposal Fee (Asbestos - Ada County La 1600.00 - 0.000 0.00 0.00 $1,600.00 1600.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 1,600.00 $0.00 - 185 Industrial Trash 40 yd disposal Fee (Asbestos - Idaho Waste S 1600.00 - 0.000 0.00 0.00 $1,600.00 1600.00 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 1,600.00 $0.00 - 186 Industrial Trash 40 yd (Monthly Rent) - 0.000 114.15 6.85 $121.00 0.00 0.00 0.000 0.000 - 114.15 3.744 117.89 7.07 124.96 $3.96 3.27% 187 Industrial Trash 40 yd (Daily Rent) - 0.000 3.75 0.22 $3.97 0.00 0.00 0.000 0.000 - 3.75 0.123 3.87 0.23 4.10 $0.13 3.35% 188 189 Industrial Trash 10yd compactor Disposal Fee 116.60 - 0.000 0.00 0.00 $116.60 116.60 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 116.60 $0.00 - 190 Industrial Trash 15yd compactor Disposal Fee 174.90 - 0.000 0.00 0.00 $174.90 174.90 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 174.90 $0.00 - 191 Industrial Trash 18yd compactor Disposal Fee 209.88 - 0.000 0.00 0.00 $209.88 209.88 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 209.88 $0.00 - 192 Industrial Trash 20yd compactor Disposal Fee 233.20 - 0.000 0.00 0.00 $233.20 233.20 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 233.20 $0.00 - 193 Industrial Trash 25yd compactor Disposal Fee 291.50 - 0.000 0.00 0.00 $291.50 291.50 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 291.50 $0.00 - 194 Industrial Trash 30yd compactor Disposal Fee 349.80 - 0.000 0.00 0.00 $349.80 349.80 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 349.80 $0.00 - 195 Industrial Trash 36yd compactor Disposal Fee 419.76 - 0.000 0.00 0.00 $419.76 419.76 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 419.76 $0.00 - 196 Industrial Trash 40yd compactor Disposal Fee 466.40 - 0.000 0.00 0.00 $466.40 466.40 0.00 0.000 0.000 - 0.00 0.000 0.00 0.00 466.40 $0.00 - 197 198 INDUSTRIAL RECYCLING 198.1 Industrial Recycling Processing per loose yard (as applicable)- 0.750 0.750 0.75 $0.75 New 198.2 Industrial Recycling Processing per compact yard (as applicable)- 1.500 1.500 1.50 $1.50 New 199 Industrial Recycling Container Delivery Svc 6 - 10 yd - 23.600 0.00 0.00 $23.60 0.00 23.60 0.774 0.000 24.37 0.00 0.000 0.00 0.00 24.37 $0.77 3.26% 200 Industrial Recycling 6 - 10 yd containers (Haul Svc) - 58.320 0.00 0.00 $58.32 0.00 58.32 1.913 0.000 60.23 0.00 0.000 0.00 0.00 60.23 $1.91 3.28% 201 202 Industrial Recycling 6 yd (Monthly Rent) - 0.000 49.21 2.95 $52.16 0.00 0.00 0.000 0.000 - 49.21 1.614 50.82 3.05 53.87 $1.71 3.28% 203 Industrial Recycling 6 yd (Daily Rent) - 0.000 1.62 0.10 $1.72 0.00 0.00 0.000 0.000 - 1.62 0.053 1.67 0.10 1.77 $0.05 2.96% Meridian City Council Meeting Agenda September 4, 2018 – Page 424 of 461 8/30/2018 page 5 of 5 2018 2019 Disposal HHW Service Rental Tax Current Disposal Service CPI Service Recycle Service CPI Recycle Svc Recycle Processing HHW TOTAL Service Rental CPI Rent Rental Tax PROPOSED increase % of increase Min Max 204 205 Industrial Recycling 8 yd (Monthly Rent) - 0.000 63.78 3.83 $67.61 0.00 0.00 0.000 0.000 - 63.78 2.092 65.87 3.95 69.82 $2.21 3.27% 206 Industrial Recycling 8yd (Daily Rent) - 0.000 2.10 0.13 $2.23 0.00 0.00 0.000 0.000 - 2.10 0.069 2.17 0.13 2.30 $0.07 3.09% 207 208 Industrial Recycling 10 yd (Monthly Rent) - 0.000 71.08 4.26 $75.34 0.00 0.00 0.000 0.000 - 71.08 2.331 73.41 4.40 77.81 $2.47 3.28% 209 Industrial Recycling 10 yd (Daily Rent) - 0.000 2.34 0.14 $2.48 0.00 0.00 0.000 0.000 - 2.34 0.077 2.42 0.15 2.57 $0.09 3.53% 210 211 Industrial Recycling Contain Deliver Svc 20 -40 yd - 23.600 0.00 0.00 $23.60 0.00 23.60 0.774 0.000 24.37 0.00 0.000 0.00 0.00 24.37 $0.77 3.26% 212 Industrial Recycling 20- 40 yd containers (Haul Svc) - 130.160 0.00 0.00 $130.16 0.00 130.16 4.269 0.000 134.43 0.00 0.000 0.00 0.00 134.43 $4.27 3.28% 213 214 Industrial Recycling 20 yd (Monthly Rent) - 0.000 81.73 4.90 $86.63 0.00 0.00 0.000 0.000 - 81.73 2.681 84.41 5.06 89.47 $2.84 3.28% 215 Industrial Recycling 20 yd (Daily Rent) - 0.000 2.69 0.16 $2.85 0.00 0.00 0.000 0.000 - 2.69 0.088 2.78 0.17 2.95 $0.10 3.52% 216 217 Industrial Recycling 30 yd (Monthly Rent) - 0.000 99.88 5.99 $105.87 0.00 0.00 0.000 0.000 - 99.88 3.276 103.16 6.19 109.35 $3.48 3.29% 218 Industrial Recycling 30 yd (Daily Rent) - 0.000 3.28 0.20 $3.48 0.00 0.00 0.000 0.000 - 3.28 0.108 3.39 0.20 3.59 $0.11 3.02% 219 220 Industrial Recycling 40 yd (Monthly Rent) - 0.000 114.15 6.85 $121.00 0.00 0.00 0.000 0.000 - 114.15 3.744 117.89 7.07 124.96 $3.96 3.27% 221 Industrial Recycling 40 yd (Daily Rent) - 0.000 3.75 0.22 $3.97 0.00 0.00 0.000 0.000 - 3.75 0.123 3.87 0.23 4.10 $0.13 3.35% 222 223 Industrial Recycling 15 - 40 yd Compactors (Haul Svc) - 130.160 0.00 0.00 $130.16 0.00 130.16 4.269 0.000 134.43 0.00 0.000 0.00 0.00 134.43 $4.27 3.28% 224 225 INDUSTRIAL BIOSOLIDS 226 Biosolids Biosolids Hauling - Ada County Landfill (per ha 466.40 - 199.220 0.00 0.00 $665.62 466.40 199.22 6.534 0.000 205.75 0.00 0.000 0.00 0.00 672.15 $6.53 0.98% 227 Biosolids Biosolids Hauling - Idaho Waste Systems Land 407.00 - 265.460 0.00 0.00 $672.46 407.00 265.46 8.707 0.000 274.17 0.00 0.000 0.00 0.00 681.17 $8.71 1.30% 228 229 MISCELLANEOUS CHARGES 230 Miscellaneous Collection Tires 9 (ea.) up to 16 inch - 5.680 0.00 0.00 $5.68 0.00 5.68 0.186 0.000 5.87 0.00 0.000 0.00 0.00 5.87 $0.19 3.35% 2.95% 3.35% 231 Miscellaneous Collection Freon-containing units/appliances - 54.100 0.00 0.00 $54.10 0.00 54.10 1.774 0.000 55.87 0.00 0.000 0.00 0.00 55.87 $1.77 3.27% 232 Miscellaneous Collection Non-Freon units/appliances 15.340 0.00 0.00 $15.34 0.00 15.34 0.503 0.000 15.84 0.00 0.000 0.00 0.00 15.84 $0.50 3.26% 233 Miscellaneous Collection Special Collection (for each increment of 10 minutes) - 21.680 0.00 0.00 $21.68 0.00 21.68 0.711 0.000 22.39 0.00 0.000 0.00 0.00 22.39 $0.71 3.27% 234 Miscellaneous Collection Bulky Item Pickup (per item)15.340 0.00 0.00 $15.34 0.00 15.34 0.503 0.000 15.84 0.00 0.000 0.00 0.00 15.84 $0.50 3.26% 235 Miscellaneous Collection Extra Pickup/Go Back (per occurrence)1.10 - 10.430 0.00 0.00 $11.53 1.10 10.43 0.342 0.000 10.77 0.00 0.000 0.00 0.00 11.87 $0.34 2.95% 236 Miscellaneous Collection Relocation (all sizes) - Commercial/Industrial - 23.600 0.00 0.00 $23.60 0.00 23.60 0.774 0.000 24.37 0.00 0.000 0.00 0.00 24.37 $0.77 3.26% 237 Industrial Services Turnaround compactor fee -Commercial/Industrial - 16.560 0.00 0.00 $16.56 0.00 16.56 0.543 0.000 17.10 0.00 0.000 0.00 0.00 17.10 $0.54 3.26% 238 Miscellaneous Collection Weekend Charge - Industrial - 66.990 0.00 0.00 $66.99 0.00 66.99 2.197 0.000 69.19 0.00 0.000 0.00 0.00 69.19 $2.20 3.28% 239 Miscellaneous Collection Pressure Wash - Industrial - 197.500 0.00 0.00 $197.50 0.00 197.50 6.478 0.000 203.98 0.00 0.000 0.00 0.00 203.98 $6.48 3.28% 240 Industrial Services Dry Run - Large industrial containers and compactors - 100.550 0.00 0.00 $100.55 0.00 100.55 3.298 0.000 103.85 0.00 0.000 0.00 0.00 103.85 $3.30 3.28% 241 Industrial Services Dry Run (6 - 10 yd) - 58.320 0.00 0.00 $58.32 0.00 58.32 1.913 0.000 60.23 0.00 0.000 0.00 0.00 60.23 $1.91 3.28% 242 Miscellaneous Collection Commercial Combo Lock Replacement - 28.150 0.00 0.00 $28.15 0.00 28.15 0.923 0.000 29.07 0.00 0.000 0.00 0.00 29.07 $0.92 3.27% 243 Commercial Container Extra Yard (Overload Each yd) - 15.000 0.00 0.00 $15.00 0.00 15.00 0.492 0.000 15.49 0.00 0.000 0.00 0.00 15.49 $0.49 3.27% Meridian City Council Meeting Agenda September 4, 2018 – Page 425 of 461 Recycling Processing Fee Contract Amendment 1 RECYCLING PROCESSING FEE CONTRACT AMENDMENT THIS Amendment to Paragraph 21 of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services (“AMENDMENT”), is made and entered into this _______ day of ___________, 2018, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called “CITY”, and REPUBLIC SERVICES of Idaho, an Idaho Corporation, hereinafter called “REPUBLIC SERVICES”, whose current address is: 11101 W. Executive Dr. Boise, ID 83713. 1. RECITALS: 1.1 WHEREAS , REPUBLIC SERVICES performs all services pertaining to solid waste collection and disposal of the CITY’S solid waste pursuant to the Franchise Agreement; and 1.2 WHEREAS, REPUBLIC SERVICES is separately contracted to deliver the CITY’s collected curbside recyclables to a third-party vendor, Western Recycling; and 1.3 WHEREAS, REPUBLIC SERVICES has heretofore paid for the monthly net cost of recycling processing charges related to Meridian’s recycling program pursuant to contractual agreement with both the CITY and with Western Recycling; and 1.4 WHEREAS, the CITY has been advised that as of August 22, 2018, REPUBLIC SERVICES has sustained the net recycling processing cost of $324,249.69 for the period of July 2017 through June 2018 for Meridian’s recycling program; and 1.5 WHEREAS, REPUBLIC SERVICES has advised the CITY that on October 1, 2018 third party vendor recycling processing costs will increase by approximately $73,300 for FY19; and 1.6 WHEREAS, the parties agree that due to sustained depressed market conditions resulting from China’s severe contamination restrictions on recyclables and banned recyclable materials, commodity prices are not predicted to offset rising recycling processing costs for the foreseeable future; and 1.7 WHEREAS, REPUBLIC SERVICES has advised the CITY that effective September 30, 2018 it will no longer be economically viable to deliver the City’s recyclable materials to the third-party processor, Western Recycling, for purposes of recycling due to the increased monthly net cost of recycling processing charges, which result in a net loss to REPUBLIC SERVICES; and 1.8 WHEREAS , the CITY desires to continue the Meridian Recycling Program because of its beneficial diversion of materials from the landfill; and 1.9 WHEREAS, the CITY does not believe the cost of recycling has reached a prohibitive level where the costs outweigh the benefits, but that it is cognizant that may not always be the case. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: Meridian City Council Meeting Agenda September 4, 2018 – Page 426 of 461 Recycling Processing Fee Contract Amendment 2 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: a. Fiscal Year (“FY”) – This term is defined for purposes of this AMENDMENT as the period beginning October 1, 2018 and ending September 30, 2019. b. Commingled Recyclable Material – This term is defined for purposes of this AMENDMENT to include: tin, aluminum, plastics #1 and #2, newspaper, cardboard, mixed paper, and Hefty Energy Bags recoverable materials. c. Net Cost of Recycling Processing Charges- This term is defined for purposes of this AMENDMENT as the third-party vendor charge to process (sort, bale, and ship, sell at market) Meridian’s commingled recyclables minus the rebate provided by Western Recycling from its materials commodity sales. 4. AMENDMENT to PARAGRAPH 21 of the FRANCHISE AGREEMENT: 21.5 RECYCLING PROCESSING FEE: Subject to the provisions set forth in Paragraph 6 of this AMENDMENT, for the period beginning October 1, 2018 and ending September 30, 2019 (“FY19”): 21.5.1 REPUBLIC SERVICES will receive the following: o Residential Accounts: $0.83 per residential household per month o Commercial Accounts: $0.75 per yard 21.5.2 CPI-INDEX - The recycling processing fee is not subject to the annual CPI rate calculation. 21.5.3 FRANCHISE FEE - The City will receive the 6% franchise fee on all commercial and residential rate components, including the recycling processing fee. 21.5.4 REPUBLIC SERVICES agrees to pay for the effective period of this AMENDMENT the net cost of recycling processing charges in excess of the amount received as set forth in 21.5.1 above. 21.5.5 REPUBLIC SERVICES agrees to provide the CITY a year end reconciliation report of its third party vendor recycling processing charges, including an audit of the estimated increase of $73,300 for the period October 1, 2018 through September 30, 2019. This reconciliation shall be provided to City Council within 120 days of September 30, 2019. Meridian City Council Meeting Agenda September 4, 2018 – Page 427 of 461 Recycling Processing Fee Contract Amendment 3 21.5.6 REPUBLIC SERVICES will reimburse the CITY of any over charge by Western Recycling for the effective period of this AMENDMENT within 120 days of September 30, 2019. 21.5.7 REPUBLIC SERVICES commits to deliver Meridian’s residential and commercial recycling materials to Western Recycling. 21.5.8 REPUBLIC SERVICES shall immediately notify City Council to seek direction if REPUBLIC SERVICES becomes aware that the third party vendor is not processing (sorting, baling, shipping, selling at market) all of the individual materials which comprise Meridian’s commingled recyclable material. 5. Nothing contained in this AMENDMENT shall change the agreement between the parties that when there exists recycling net profit that it be split 80/20 with 80% returned to the CITY by REPUBLIC SERVICES for the benefit of the Meridian Community Recycling Fund. 6. PUBLIC NOTICE AND HEARING PROVISIONS: The parties agree that the recycling processing fee which is the subject of this AMENDMENT is subject to compliance with the notice and hearing provisions of Idaho Code 63-1311A. 7. EFFECTIVE DATE: The effective date for the recycling processing fee is predicated upon Council’s approval of the fee following public hearing and execution by the parties of this AMENDMENT with the effective date established by Council to begin October 1, 2018 or as soon thereafter as practicable. IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herein above provided. _________________________________ CITY OF MERIDIAN ATTEST: ____________________ C.Jay Coles, City Clerk ___________________________ Don Tibbets REPUBLIC SERVICES, GENERAL MANAGER Meridian City Council Meeting Agenda September 4, 2018 – Page 428 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 9E Project File Number: Item Title: Interagency Memorandum of Understanding Between Boise and Meridian Community Development Block Grant Program Assistance Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Caleb Hood Estimated Time f or P resentation: 10 minutes Title of I tem - Interagency M emorandum of Understanding Between Boise and M eridian: C ommunity D evelopment Block Grant Program Assistance Until we can hire a new C D B G P rogram Administrator, we would like enter into a short term contract with City of B oise staf f to offer some technical assistance. I n particular, we need help preparing for an upcoming HUD monitoring visit and preparing for the new Program Year. T his agreement would get us through the end of October. T he scope is attached to the MO U. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate MO U Boise Meridian C D B G A greements / C ontracts 8/28/2018 Memo to Council Cover Memo 8/29/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 8/28/2018 - 1:58 P M Community Development.B aird, Ted Approved 8/30/2018 - 3:00 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 429 of 461 MEMORANDUM OF UNDERSTANDING – CDBG SERVICES PAGE 1 of 5 INTERAGENCY MEMORANDUM OF UNDERSTANDING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MONITORING AND TECHNICAL ASSISTANCE This INTERAGENCY MEMORANDUM OF UNDERSTANDING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MONITORING AND TECHNICAL ASSISTANCE is made this ___ day of __________, 2018 (“Effective Date”), by and between the City of Boise (“Boise”) and the City of Meridian (“Meridian”), both municipal corporations organized under the laws of the state of Idaho (collectively, “Parties”). WHEREAS, Meridian is in need of monitoring and technical assistance for compliance with its CDBG program, and Boise is willing to provide such services; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Scope of Services. Upon execution of this Agreement, Boise shall perform and furnish to City those services specified in the document entitled “Scope of Services,” a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Boise shall prioritize the Scope of Services in the order provided in Exhibit A and only to the extent that funding is available as set forth in Section II.A., herein. B. Compliance with laws and standards. Boise shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Boise will perform all work under this Agreement in accordance with generally accepted industry standards for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. A. Calculation of payment. Meridian shall pay Boise for services rendered under this Agreement at the hourly rate set forth in Exhibit A hereto. Payment provided under this agreement shall not exceed eight thousand, six hundred and sixty dollars ($8,660.00). This amount shall constitute full compensation from Meridian to Boise for any and all services, costs, and expenses related to services performed under this Agreement. 11th September MEMORANDUM OF UNDERSTANDING – CDBG SERVICES PAGE 2 of 5 B. Method of payment. Meridian shall pay Boise such enumerated amounts within thirty (30) days of receipt of Boise’s invoice, provided that Boise has timely provided services as described herein. C. Taxes. Meridian shall not withhold any Federal or State income taxes or Social Security tax from any payment made by Meridian to Boise under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Boise. II. GENERAL TERMS . A. Effective Date. This Agreement shall become effective upon the date upon which both parties’ governing boards have authorized it, pursuant to Idaho Code § 67-2332. B. Term and Termination. This Agreement shall be in effect through October 31, 2018. Either party may terminate this Agreement upon thirty (30) days’ written notice to the other. The term of this Agreement may be extended by written mutual agreement of the Parties. C. Hold harmless. Each agency will hold harmless every other agency and, as applicable, its officers, directors, commissioners, managers, employees, contractors, agents, and representatives from and against any and all claims or actions for loss, injury, death, costs, damages, liabilities, losses, costs or damages resulting from activities related to this Agreement. Meridian agrees that it will hold harmless Boise and, as applicable, is officers, directors, commissioners, managers, employees, contractors, agents and representatives from and against any and all compliance issues, concerns or findings discovered or made against Meridian by HUD for Meridian’s compliance (or lack thereof) with the CDBG program, regulations and associated funding. D. Non-Appropriation. The Parties acknowledge and agree that the validity of this Agreement is based upon the availability of public funding under the authority of the Parties’ respective statutory mandates. E. Applicable law. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. F. Entire agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. G. Approval required. This Agreement shall not become effective or binding until approved by the respective governing body of each party hereto. Meridian City Council Meeting Agenda September 4, 2018 – Page 431 of 461 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day o 2018. CITY OF BOISE: BY: 6i9/11/18 David Bieter,14ayor Attest: I -VA, 9/11/18 ViClerk Lynda Lowry CITY OF MERIDIAN: BY: Tammy d rd, ay Attest: Coay Cole( City C MEMORANDUM OF UNDERSTANDING — CI)TIO SERVICI S PAGE 3 of 5 MEMORANDUM OF UNDERSTANDING – CDBG SERVICES PAGE 4 of 5 Exhibit A Scope of Work City of Meridian – CDBG 1.0 Project Description The City of Boise will provide monitoring and technical assistance to the City of Meridian for compliance with the U.S. Department of Housing and Urban Developments’ Community Development Block Grant (CDBG) program. 2.0 Project Objective The City of Meridian will have an on-site monitoring for compliance with CDBG in September 2018. Additional assistance will be provided, on an interim basis, for specific administrative tasks related to CDBG requirements. 3.0 Description of Work – in order of importance as provided by City of Meridian Prepare for HUD Monitoring • Review Environmental Reviews (2014-2018 – estimated 55) and provide suggestions for revisions, if applicable • Review all physical files (2014-2018 – estimated 30) to ensure documentation is in conformance with CDBG standards; provide suggestions for additional documentation, if applicable • Conduct onsite monitoring for current Subrecipients Agreements o Subrecipients to be provided with a 30-day notification of the date for the onsite monitoring from the City of Meridian (sample letter provided) • Provide technical assistance on process for substantial amendment to Annual Action Plan, if necessary • Assist in preparation of files for monitoring, not covered in the physical files review (2014-2018) General/Other CDBG Admin • Assist with technical requirements of sidewalk project to go out for bid, as needed Program Year 2018 • Complete Environmental Reviews (estimated nine) for Program Year 2018 (PY18) projects • Assist in preparation of PY18 Subrecipient Agreements (estimated five) (City of Meridian to provide draft SRA’s and the City of Boise will review) • Assist with final timelines of Subrecipient projects in September • Assist with revisions to PY18 Action Plan as provided by HUD • Assist, where feasible, to responses for HUD monitoring 4.0 Project Staff Lori Garza will lead the activities provided above. Lori has been with the City of Boise for almost three years and has an extensive background in federal programs. Meridian City Council Meeting Agenda September 4, 2018 – Page 433 of 461 MEMORANDUM OF UNDERSTANDING – CDBG SERVICES PAGE 5 of 5 Rhiannon Avery has been with the City of Boise for six years and will provide oversight and technical assistance for administration. 5.0 Reimbursement The City of Boise, is able to provide up to the following through October 31, 2018: Lori Garza – 200 hours @ $34.16 per hour ($6832.00) Rhiannon Avery – 40 hours @ $45.69 per hour ($1827.60) Meridian City Council Meeting Agenda September 4, 2018 – Page 434 of 461 August 29, 2018 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Community Development Block Grant (CDBG) Technical Assistance September 4, 2018 City Council Agenda Item The City lost its previous CDBG Administrator, Christopher Pope, in July. Since that time, City Staff has explored obtaining help on an interim basis until a full-time CDBG Program Coordinator can be hired (no sooner than October 1 st .) Staff talked to a couple of potential service providers about providing technical assistance. The City of Boise is capable and willing to help with some specific tasks through the month of October. A scope and Memorandum of Understanding (MOU) have been prepared for both Council’s approval. NOTE: There are funds in the salary cost savings as well as unallocated administrative funds from the Grant itself that can be used. Staff will outline some of the tasks in the scope and MOU terms during the September 4 th meeting. Meridian City Council Meeting Agenda September 4, 2018 – Page 435 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 10 A Project File Number: Item Title: Citywide Annual Fee Update Meeting Notes: 50, a t�e Pv6 (11�- htbll- -Fw q1 )5/ I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Brad Purser Estimated Time f or P resentation: 5 minutes Title of I tem - C itywide Annual F ee Update R eviewing any new fees and updates over 5% C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Citywide F ee Schedule Update P resentation 8/31/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 8/31/2018 - 2:50 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 436 of 461 Citywide Fee Schedule September 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 437 of 461 Finance Goal FY2018 goal, Finance will facilitate: •Consolidate Fee Schedules into one annual resolution –except Parks activity guides •Fee changes will initiate by Depts. thru out the year, such as Impact Fee updates, Assessment updates, Water/Sewer/Trash, etc. •Consolidate changes into the City-Wide Schedule Meridian City Council Meeting Agenda September 4, 2018 – Page 438 of 461 Citywide Fee Changes •19 fee changes in excess of 5% •Public works Changes are due to meter price changes. These changes replace the top portion of Exhibit A “Water Meter and Water System Repair Fee Schedule.” •QLPE Review price increase is due to a contractual price change with Keller Associates. •Fire Daycare inspection fee increase (State Cap increase) •2 New fees from Fire for a 2 and 4 man EMT bike patrol team for special events. Meridian City Council Meeting Agenda September 4, 2018 – Page 439 of 461 Proposed Next Steps •Publish increases over 5% in the paper over the next 2 weeks (9/14 & 9/21) •Public hearing will be 9/25/2018 •Resolution will be 9/25/2018 •Fee changes effective 10/1/2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 440 of 461 •QUESTIONS??? Meridian City Council Meeting Agenda September 4, 2018 – Page 441 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 10 B Project File Number: Item Title: Comprehensive Plan Change Applications Processing During Development of New Comprehensive Plan Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Caleb Hood Estimated Time f or P resentation: 25 minutes Title of I tem - C omprehensive P lan Change Applications P rocessing D uring Development of New Comprehensive Plan C ouncil has asked to discuss implications of approving C omprehensive P lan amendments, re-zones and other development applications while we are in the process of developing a new Plan. Should an interim policy be established that limits processing of P lan changes/development until the new P lan is adopted? C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 8/31/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 8/24/2018 - 11:57 A M Community Development.Coles, C.J ay Approved 8/31/2018 - 2:51 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 442 of 461 August 30, 2018 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Application Processing Concurrent with New Comprehensive Plan Development September 4, 2018 City Council Workshop Item In June, the City began the process of developing a new Comprehensive Plan (Comp Plan). This project will take approximately 15 months to complete; a new Plan should be adopted by late Fall 2019. Recently, the Council has expressed some concern about amending the current Comp Plan while in the process of developing a new one. Staff shares that concern but seeks further direction from Council on how to implement change. During the September 4 th City Council meeting, Staff would like to discuss how we move forward with relaying this information to customers. Essentially, there are two options: 1) Should Staff strongly encourage interested parties to participate in the process and evaluate their request through the overall Comp Plan project, but still allow applications to be submitted and processed? Or, 2) Should the City take a more firm approach and enact a policy (ie – Resolution) that prohibits Plan amendments until the new Plan is adopted? There are pros and cons to each option and potential consequences to whatever direction is chosen. What approach should be taken regarding potential applications of Comprehensive Plan amendments over the next 12 months? Additionally, Staff is beginning to use the new staff report format discussed in past weeks but are there any other process changes that Council would like to discuss that may affect development of the new Plan? Staff from multiple departments are doing a more detailed review of proposed projects now, are there additional things we should be doing (or not doing) while the new Comprehensive Plan is being developed? Meridian City Council Meeting Agenda September 4, 2018 – Page 443 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 10 C Project File Number: Item Title: Council: Update on Proposed Non -Discrimination Ordinance Meeting Notes: S�A I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: J oe Borton, Council P resident Estimated Time f or P resentation: Title of I tem - C ouncil: Update on P roposed Non Discrimination Ordinance C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/31/2018 - 10:29 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 444 of 461 CITY OF MERIDIAN ORDINANCE NO. 18 - BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-3-13, REGARDING DISCRIMINATION PROHIBITED; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to ensure that all persons, regardless of sexual orientation and/or gender identity/expression enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing, commercial property, and the use of public accommodations, the City of Meridian has determined that, in addition to the existing protections enumerated by law, discrimination on the basis of sexual orientation and/or gender expression/identity should be addressed by the City's nondiscrimination policy. WHEREAS it is recognized that all people within the City of Meridian are provided with certain protections within the First Amendment to the United States Constitution (made applicable to the States by the Fourteenth Amendment) for the free exercise of their sincere religious beliefs as they seek to teach or exercise principles of religious faith that are fulfilling and central to their lives. WHEREAS it is also recognized that these same Constitutional provisions which preserve these religious liberties for us also provides a boundary within which such exercise of these liberties must fall, so that no person within our city, regardless of sexual orientation and/or gender identity may be denied the equal right to enjoy the full benefits of citizenship including equal opportunities for employment, housing, and public accommodation, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new section, Meridian City Code Section 6-3-13, shall be added, to read as follows: Section 6-3-13 PURPOSE AND DECLARATION OF POLICY A. In order to ensure that all persons, regardless of sexual orientation enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing, commercial property, and the use of public accommodations, the City of Meridian has determined that discrimination on the basis of sexual orientation must be addressed, and appropriate legislation be enacted. In furtherance of that determination this Chapter shall be deemed an exercise of the police power of the City of Meridian for the protection of the public welfare, prosperity, health and peace of the City of Meridian, its residents and the community. B. Nothing in this Chapter shall alter other rights, protections, or privileges secured under state and federal law. This ordinance shall be construed and applied in a fair, impartial, and ADDING CODE SECTION 6-3-13 REGARDING DISCRIMINATION PROHIBITED PAGE 1 of 5 neutral manner consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of religion, including Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission, 138 S.Ct 1719 (2018). Section 6-3-13(A) DEFIMTIONS "DENY" includes any act which, directly or indirectly, by any person or his agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment or representation. It also includes, but is not limited to, the requiring of a person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from persons the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of sexual orientation. "DISCRIMINATION" is any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person's actual or perceived sexual orientation or because of a person's association with any such person. Discrimination shall not be interpreted to require or to grant or accord any preferential treatment to any person because of that person's sexual orientation. "FULL ENJOYMENT OF" shall be construed to include, but not be limited to, the right to use, rent or purchase real property, any service, commodity or article of personal property offered or sold by any person or establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly or indirectly causing persons of any particular sexual orientation to be treated as not welcome, accepted, desired or solicited. "GENDER EXPRESSION/IDENTITY" means a gender -related identity, appearance, expression or behavior of an individual regardless of a person's assigned sex at birth. "HOUSING ACCOMMODATION" is a building or portion of a building, whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters of its occupants. "PERSON" shall mean any natural person, firm, corporation, partnership or other organization, association or group of persons however arranged. "PLACE OF PUBLIC ACCOMMODATION" includes, but is not limited to any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where ADDING CODE SECTION 6-3-13 REGARDING DISCRIMINATIONPROHIBITED PAGE 2 OF 5 food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children's camps. "SEXUAL ORIENTATION" is actual or perceived homosexuality, heterosexuality and/or bisexuality. Section 6-3-13(B) EXCEPTIONS 1 This ordinance does not apply to: a. Religious corporations, associations, educational institutions, or societies. b. Expressive associations whose employment of a person protected by this ordinance would significantly burden the association's rights of expressive association. C. Any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, provided that where public use is permitted that use shall be covered by this ordinance; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution. d. The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the state of Idaho or any of its departments, agencies, or political subdivisions other than the City of Meridian. e. The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the lessor or a member of his family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single-family residential housing accommodation by an individual if he or a member of his family resides therein. Section 6-3-13(C) PROHIBITED DISCRIMINATORY ACTS 1. The following acts are prohibited: a. To deny to any other person because of sexual orientation and/or gender expression/identity the right to work: (a) by failing or refusing to hire, (b) by discharging, (c) by barring from employment, (d) by discriminating against such person in compensation or in other terms or conditions of employment, or (e) otherwise discriminating against an individual with respect to employment. ADDING CODE SECTION 6-3-13 REGARDING DISCRIMINATION PROHIBITED PAGE 3 OF 5 b. To deny to or to discriminate against any person because of sexual orientation and/or gender expression/identity the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public accommodation. C. To deny to or discriminate against any other person because of sexual orientation and/or gender expression/identity in the sale, purchase, lease or rental of any housing accommodation, or to otherwise discriminate in the terms and conditions, maintenance, improvement or repair of any housing accommodation. Section 6-3-13(D) CLAIM PROCESS 1. A complaint filed under the provisions of this Chapter must be filed in writing within 180 days of the alleged discriminatory conduct. 2. Upon receipt and review of a written complaint alleging a violation of this Ordinance, and prior to filing a citation, the prosecutor shall first invite the parties to the Complaint to participate in mediation. If the parties both accept the offer for mediation, the prosecutor shall arrange for one mediation session to be completed within 30 days at the expense of the City. If the matter is resolved through mediation then no charge shall be filed. 3. If one or both of the parties decline mediation, or if mediation is unsuccessful in resolving the complaint, the report shall be investigated to determine if probable cause exists that a violation of this ordinance has occurred. Section 6-3-13(E) PENALTY 1. A violation of this Chapter shall be an infraction with a fine of $500.00 for each violation. There is no right to a trial by jury for an infraction, and no j ail time may be imposed. 2. An infraction may be dismissed at the discretion of the prosecutor if the defendant engages in corrective action which may include training for the defendant and/or the defendant's employees, and/or the defendant's adoption of a policy of nondiscrimination in its practices. 3. Any person who falsely reports a violation of this chapter may be charged with the crime of False Reporting, pursuant to Idaho State law and Meridian City Code. Section 6-3-13(F) UNLAWFUL RETALIATION It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, for assisting, or participating in any manner in the investigation, or in mediation concerning this Chapter. ADDING CODE SECTION 6-3-13 REGARDING DISCRIMINATION PROHIBITED PAGE 4 OF 5 Section 6-03-13(G) PRIVATE RIGHT OF ACTION There is no private right of action created by this Chapter nor money damages available to any person based on this Chapter. Section 6-3-13(H) SEVERABILITY 1 If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. 2 Nothing in this Ordinance shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, and permit issued, or any cause or causes of action existing under the General Ordinances of the City of Meridian or the State of Idaho. 3. That a summary of this Ordinance, attached hereto as Exhibit A, Is approved as to both form and content. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on the day of .2018. APPROVED by the Mayor of the City of Meridian, Idaho, on the day of , 2018. APPROVED: Tammy de Weerd, Mayor ADDING CODE SECTION 6-3-13 REGARDING DISCRIMINATION PROHIBITED ATTEST: C.Jay Coles, City Clerk PAGE 5 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18 - AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-3-13, REGARDING DISCRIMINATION PROHIBITED; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 18- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 12018. William. L.M. Nary City Attorney ADDING CODE SECTION 6-3-13 REGARDING DISCRIMINATION PROHIBITED PAVE 6 OF 5 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 10 D Project File Number: Item Title: Council: Compensation Schedule for Elected Officials Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: J oe Borton, Council P resident Estimated Time f or P resentation: Title of I tem - C ouncil: Compensation Schedule for Elected Officials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 8/21/2018 - 9:06 P M Meridian City Council Meeting Agenda September 4, 2018 – Page 445 of 461 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 11 A Project File Number: Item Title: Ordinance No. 18-1745 A Ordinance No. 18-1745A: An Ordinance Of The City Of Meridian, Idaho Amending Ordinance No. 17-1745, The Appropriation Ordinance For The Fiscal Year Beginning October 1, 2017 And Ending September 30, 2018. Appropriating Monies That Are To Be Allocated By The City Of Meridian, Idaho In The Sum Of $(10,112,632); And Providing An Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1745A: An Ordinance Of T he City O f M eridian, Idaho Amending Ordinance No. 17-1745, T he Appropriation Ordinance F or T he F iscal Year B eginning October 1, 2017 And E nding S eptember 30, 2018. Appr opriating M onies T hat Are To Be Allocated By T he City O f M eridian, Idaho In T he S um Of $(10,112,632); And P roviding An E ffective Date. F Y 2018 B udget A mendment O rdinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment Ordinance Ordinance 8/27/2018 B udget A mendment Ordinance S ummary Ordinance 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/27/2018 - 1:58 P M L egal.Coles, C.J ay Approved 8/31/2018 - 11:18 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 446 of 461 CITY OF MERIDIAN ORDINANCE NO. 18 — 114 r. A BY THE CITY COUNCIL: BERNT, BORTON, CAVENER MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 17- 1745, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018. APPROPRIATING MONIES THAT ARE TO BE ALLOCATED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $(10,112,632); AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 17-1745, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2017 and ending September 30, 2018 be and the same is hereby amended as follows: Capital Improvement Fund - 55 Revenues Total Revenue Expenditures Operating Administration Fire Police Parks Total Operating Capital FY2018 FY2018 FY2018 Original Budget Amendments Final Budget $ 2,000 $ 2,000 Administration $ 33,000 $ - $ 33,000 Fire $ - $ - Police $ - $ - Parks $ 3,000,000 $ - $ 3,000,000 Total Capital $ 3,033,000 $ - $ 3,033,000 Carryforward - Operating Administration $ - Fire $ - Police $ - Parks $ - Carryforward - Operating $ - $ - $ - AMENDMENT TO BUDGET ORDINANCE NO. 17-1745 - Page 1 of 6 AMENDMENT TO BUDGET ORDINANCE NO. 17-1745 - Page 2 of 6 Carryforward - Capital Administration $ 300,542 $ (201,660) $ 98,882 Fire $ - Police $ - Parks $ - Carryforward - Capital $ 300,542 $ (201,660) $ 98,882 Total Carryforward $ 300,542 $ (201,660) $ 98,882 Total Expenditures $ 3,333,542 $ (201,660) $ 3,131,882 Transfers $ (125,499) $ (125,499) Total Expenditures with Transfers $ 3,208,043 $ (201,660) $ 3,006,383 (Use)/Addition of Fund Balance $ (3,206,043) $ 201,660 $ (3,004,383) Enterprise Fund - 60 - 65 FY2018 FY2018 FY2018 Original Budget Amendments Final Budget Revenues Water/Sewer Sales $ 24,157,541 $ 24,157,541 Other Sources $ 14,304,027 $ 14,304,027 Total Revenue $ 38,461,568 $ - $ 38,461,568 Expenditures Personnel Utility Billing $ 520,226 $ 520,226 Public Works $ 3,897,284 $ 98,597 $ 3,995,881 Water $ 1,947,481 $ 1,947,481 Wastewater $ 2,922,931 $ 2,922,931 Total Personnel $ 9,287,922 $ 98,597 $ 9,386,519 Operating Utility Billing $ 645,590 $ (10) $ 645,580 Public Works $ 1,112,907 $ 10,350 $ 1,123,257 Water $ 2,313,974 $ (10) $ 2,313,964 Wastewater $ 3,143,104 $ 9,989 $ 3,153,093 Total Operating $ 7,215,575 $ 20,320 $ 7,235,895 Total Personnel and Operating $ 16,503,497 $ 118,917 $ 16,622,414 Capital Utility Billing $ - $ - $ - Public Works $ 35,000 $ - $ 35,000 Water $ 7,358,000 $ 20,000 $ 7,378,000 Wastewater $ 30,180,000 $ 67,500 $ 30,247,500 Total Capital $ 37,573,000 $ 87,500 $ 37,660,500 Meridian City Council Meeting Agenda September 4, 2018 – Page 448 of 461 AMENDMENT TO BUDGET ORDINANCE NO. 17-1745 - Page 3 of 6 Carryforward - Operating Utility Billing $ - Public Works $ 918,129 $ (461,945) $ 456,184 Water $ 68,640 $ (18,640) $ 50,000 Wastewater $ 129,361 $ (129,361) $ - Total Carryforward - Operating $ 1,116,130 $ (609,946) $ 506,184 Carryforward - Capital Utility Billing $ 46,573 $ (7,095) $ 39,478 Public Works $ - $ 9,000 $ 9,000 Water $ 5,518,570 $ (2,305,725) $ 3,212,845 Wastewater $ 26,485,993 $ (8,775,845) $ 17,710,148 Total Carryforward - Capital $ 32,051,136 $ (11,079,665) $ 20,971,471 Total Carryforward $ 33,167,266 $ (11,689,611) $ 21,477,655 Total Expenditures $ 87,243,763 $ (11,483,194) $ 75,760,569 Transfers $ 2,839,082 $ 2,839,082 Total Expenditures with Transfers $ 90,082,845 $ (11,483,194) $ 78,599,651 (Use)/Addition of Fund Balance $ (51,621,277) $ 11,483,194 $ (40,138,083) Governmental Funds (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2018 FY2018 FY2018 Original Budget Amendments Final Budget Revenues Property Taxes $ 30,808,064 $ - $ 30,808,064 Other Revenue $ 20,161,560 $ 1,171,982 $ 21,333,542 Total Revenue $ 50,969,624 $ 1,171,982 $ 52,141,606 Expenditures Personnel Administration $ 5,273,038 $ (1,891) $ 5,271,147 Fire $ 10,731,373 $ - $ 10,731,373 Police $ 14,925,959 $ 66,482 $ 14,992,441 Parks $ 3,076,189 $ - $ 3,076,189 Community Development $ 1,538,414 $ 464,434 $ 2,002,848 Total Personnel $ 35,544,973 $ 529,025 $ 36,073,998 Operating Administration $ 2,551,916 $ 1,143,375 $ 3,695,291 Fire $ 1,448,363 $ 79,061 $ 1,527,424 Police $ 2,897,886 $ 24,429 $ 2,922,315 Parks $ 2,411,875 $ 67,030 $ 2,478,905 Community Development $ 2,216,262 $ 670,892 $ 2,887,154 Total Operating $ 11,526,302 $ 1,984,787 $ 13,511,089 Meridian City Council Meeting Agenda September 4, 2018 – Page 449 of 461 AMENDMENT TO BUDGET ORDINANCE NO. 17-1745 - Page 4 of 6 Total Personnel and Operating $ 47,071,275 $ 2,513,812 $ 49,585,087 Capital Administration $ 529,150 $ 276,248 $ 805,398 Fire $ 615,225 $ (12,500) $ 602,725 Police $ 523,040 $ 65,016 $ 588,056 Parks $ 4,724,255 $ 617,500 $ 5,341,755 Community Development $ - $ 647,300 $ 647,300 Total Capital $ 6,391,670 $ 1,593,564 $ 7,985,234 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ 311,900 $ (26,739) $ 285,161 Fire $ 106,000 $ (22,481) $ 83,519 Police $ 46,500 $ (22,500) $ 24,000 Parks $ 62,937 $ (3,800) $ 59,137 Community Development $ 38,500 $ (5,379) $ 33,121 Total Carryforward - Operating $ 565,837 $ (80,899) $ 484,938 Carryforward - Capital Administration $ 141,496 $ - $ 141,496 Fire $ 4,266,500 $ 449,500 $ 4,716,000 Police $ 16,000 $ (16,000) $ - Parks $ 5,758,193 $ (2,887,755) $ 2,870,438 Community Development $ - $ - $ - Total Carryforward - Capital $ 10,182,189 $ (2,454,255) $ 7,727,934 Carryforward Administration $ 453,396 $ (26,739) $ 426,657 Fire $ 4,372,500 $ 427,019 $ 4,799,519 Police $ 62,500 $ (38,500) $ 24,000 Parks $ 5,821,130 $ (2,891,555) $ 2,929,575 Community Development $ 38,500 $ (5,379) $ 33,121 Total Carryforward $ 10,748,026 $ (2,535,154) $ 8,212,872 Total Expenditures $ 64,210,971 $ 1,572,222 $ 65,783,193 Transfers $ (2,713,583) $ - $ (2,713,583) Total Expenditures with Transfers $ 61,497,388 $ 1,572,222 $ 63,069,610 (Use)/Addition of Fund Balance $ (10,527,764) $ (400,240) $ (10,928,004) Meridian City Council Meeting Agenda September 4, 2018 – Page 450 of 461 Total Budaet - All Funds Revenues Total Revenue Expenditures Total Personnel and Operating Total Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance FY2018 FY2018 FY2018 Original Budget Amendments Final Budget $ 89,433,192 $ 1,171,982 $ 90,605,174 $ 63,574,772 $ 2,632,728 $ 66,207,500 $ 46,997,670 $ 1,681,065 $ 48,678,735 $ 44,215,834 $ (14,426,425) $ 29,789,409 $ 154,788,276 $ (10,112,632) $ 144,675,644 $ 154,788,276 $ (10,112,632) $ 144,675,644 $ (65,355,084) $ 11,284,614 $ (54,070,470) That the sum of $(10,112,632) be allocated to be used for authorized activities. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this day of September, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 4441 day of September, 2018. ATTEST: C.JAy Coles, (illy Clerk APPROVED: Tammy de We ayor AUGUST 7 O(p (~ G 1'ooNo u of AMENDMENT TO BUDGET ORDINANCE NO. 17-1745 - Page 5 of 6 STATE OF IDAHO ) ss. County of Ada ) On this � day of ) P -PA nbar , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ••55555555• • Kj o s 0.05• STA`;.••• 00...50.. C�jaAaW WCLA�, NOTARY PUBLIC IDAHO O RESIDING AT: T: ' ��ff ) J Z MY COMMISSION EXPIRES:3 -A I -;LO a a AMENDMENT TO BUDGET ORDINANCE NO. 17-1745 - Page 6 of 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18 - PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 17-1745 An Ordinance of the City of Meridian providing for the adoption of an amendment to the budget and the appropriation of expenditures of $(10,112,632) to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2017 and ending on September 30, 2018. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance 11 become effective upon the passp� and publications j o ��o Puc�usT �� C' y of Mer'di n Mayor and Council By: C.Jay Coles, City Clerk —) First Reading: q1 1 i )ot s cFNTeR or th0 �R�P Adopted after first r ading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: _ Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- 19 4 5 A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 18- 1714 E2 1�,_ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of September, 2018 William. L.M. Nary City Attorney BUDGET AMENDMENT ORDINANCE SUMMARY FY2018 — 1 of 1 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 11 B Project File Number: Item Title: Ordinance 18-1790 Ordinance No. 18-1790: An Ordinance, Pursuant To Idaho Code §50-1002 And §50-1003, Providing For A Title And Findings, Providing For The Adoption Of A Budget And The Appropriation Of $130,464,302 To Defray The Necessary Expenses And Liabilities Of The City Of Meridian, In Accordance With The Object And Purposes And In The Certain Amounts Herein Specified For The Fiscal Year Beginning October 1, 2018 And Ending On September 30, 2019; To Levy All Such Appropriate Taxes And Levies As Authorized By Law Upon Taxable Property; And To Collect All Authorized Revenue; To Provide For The Waiving Of The 2nd And 3rd Readings Pursuant To Idaho Code §50-902; And Providing For An Effective Date And The Filing Of A Certified Copy Of This Ordinance With The Secretary Of State. Meeting Notes: u APPROIE0 I TEM SHEET C ouncil Agenda I tem - 10.B. Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1790: An Ordinance, P ursuant To Idaho C ode §50-1002 And §50-1003, P roviding For A T itle And F indings, Providing F or T he Adoption Of A B udget And T he Appropriation Of $130,464,302 To Defray T he Necessary Expenses And L iabilities Of T he C ity Of M eridian, In Accordance With T he Object And Purposes And In T he C ertain Amounts Herein S pecified F or T he F iscal Year Beginning October 1, 2018 And Ending On September 30, 2019; To L evy All S uch Appropriate Taxes And L evies As Authorized By L aw Upon Taxable P roperty; And To Collect All Authorized Revenue; To P rovide F or T he Waiving Of T he 2nd And 3rd Readings P ursuant To Idaho Code §50-902; And P roviding For An E ffective Date And T he F iling O f A Certified Copy Of T his Ordinance With T he Secretary Of S tate. F Y 19 B udget Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F Y 19 Budget Ordinance Ordinance 8/27/2018 F Y 19 Budget Ordinance Summary Ordinance 8/27/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/27/2018 - 1:58 P M L egal.Coles, C.J ay Approved 8/31/2018 - 11:19 A M Meridian City Council Meeting Agenda September 4, 2018 – Page 454 of 461 CITY OF MERIDIAN ORDINANCE NO. L ' 19CIO BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003, PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $130,464,302 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING ON SEPTEMBER 30,2019; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY; AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR THE WAIVING OF THE 2ND AND 3P -D READINGS PURSUANT TO IDAHO CODE §50- 902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the "2018-2019 Fiscal Year Annual Appropriation Ordinance of the City of Meridian". Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 21St day of August, 2018 for a Proposed Budget for Fiscal Year 2018-2019 (FY2019) City of Meridian, Idaho; B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2018-2019 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. The appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2018-2019. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2018 and ending on September 30, 2019 the following: Capital Improvement Fund - 55 FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Total Revenue $ 62,076 $ 2,000 $ 2,000 ANNUAL APPROPRIATION ORDINANCE FY2019 - Page 1 of 6 ANNUAL APPROPRIATION ORDINANCE FY2019 - Page 2 of 6 Expenditures Operating Administration Fire Police Parks Total Operating $ - $ - $ - Capital Administration $ 345,214 $ 33,000 $ - Fire Police Parks $ 3,000,000 $ - Total Capital $ 345,214 $ 3,033,000 $ - Carryforward - Operating Administration Fire Police Parks Carryforward - Operating $ - $ - $ - Carryforward - Capital Administration $ 300,542 $ 11,953 Fire Police Parks $ 3,000,000 Carryforward - Capital $ - $ 300,542 $ 3,011,953 Total Carryforward $ - $ 300,542 $ 3,011,953 Total Expenditures $ 345,214 $ 3,333,542 $ 3,011,953 Transfers $ (2,275,054) $ (125,499) $ (154,040) Total Expenditures with Transfers $ (1,929,840) $ 3,208,043 $ 2,857,913 (Use)/Addition of Fund Balance $ 1,991,915 $ (3,206,043) $ (2,855,913) Enterprise Fund - 60 - 65 FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Water/Sewer Sales $ 23,171,235 $ 24,157,541 $ 24,798,200 Other Sources $ 17,158,680 $ 14,304,027 $ 13,385,020 Total Revenue $ 40,329,914 $ 38,461,568 $ 38,183,220 Expenditures Personnel Utility Billing $ 413,451 $ 520,226 $ 539,693 Meridian City Council Meeting Agenda September 4, 2018 – Page 456 of 461 ANNUAL APPROPRIATION ORDINANCE FY2019 - Page 3 of 6 Public Works $ 2,961,487 $ 3,897,284 $ 4,033,405 Water $ 1,708,156 $ 1,947,481 $ 2,067,537 Wastewater $ 2,533,523 $ 2,922,931 $ 3,152,187 Total Personnel $ 7,616,616 $ 9,287,922 $ 9,792,822 Operating Utility Billing $ 542,982 $ 645,590 $ 640,328 Public Works $ 1,046,364 $ 1,112,907 $ 999,246 Water $ 1,865,533 $ 2,313,974 $ 2,778,129 Wastewater $ 3,070,136 $ 3,143,104 $ 3,355,724 Total Operating $ 6,525,015 $ 7,215,575 $ 7,773,427 Total Personnel and Operating $ 14,141,631 $ 16,503,497 $ 17,566,249 Capital Utility Billing $ 38,782 $ - $ 7,500 Public Works $ 117,349 $ 35,000 $ 28,000 Water $ 4,435,548 $ 7,358,000 $ 3,850,000 Wastewater $ 15,670,706 $ 30,180,000 $ 12,005,000 Total Capital $ 20,262,385 $ 37,573,000 $ 15,890,500 Carryforward - Operating Utility Billing Public Works $ 918,129 $ 478,920 Water $ 68,640 $ 248,490 Wastewater $ 129,361 $ 95,000 Total Carryforward - Operating $ - $ 1,116,130 $ 822,410 Carryforward - Capital Utility Billing $ 46,573 $ 14,728 Public Works $ - $ - Water $ 5,518,570 $ 5,414,176 Wastewater $ 26,485,993 $ 22,679,295 Total Carryforward - Capital $ - $ 32,051,136 $ 28,108,199 Total Carryforward $ - $ 33,167,266 $ 28,930,609 Total Expenditures $ 34,404,016 $ 87,243,763 $ 62,387,358 Transfers $ 2,185,002 $ 2,839,082 $ 2,798,794 Total Expenditures with Transfers $ 36,589,018 $ 90,082,845 $ 65,186,152 (Use)/Addition of Fund Balance $ 3,740,897 $ (51,621,277) $ (27,002,932) Governmental Funds (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Meridian City Council Meeting Agenda September 4, 2018 – Page 457 of 461 ANNUAL APPROPRIATION ORDINANCE FY2019 - Page 4 of 6 Property Taxes $ 28,846,379 $ 30,808,064 $ 33,540,850 Other Revenue $ 24,228,110 $ 20,161,560 $ 21,599,036 Total Revenue $ 53,074,489 $ 50,969,624 $ 55,139,886 Expenditures Personnel Administration $ 4,630,858 $ 5,273,038 $ 5,543,166 Fire $ 8,805,100 $ 10,731,373 $ 11,365,717 Police $ 12,702,128 $ 14,925,959 $ 16,976,272 Parks $ 2,438,918 $ 3,076,189 $ 3,254,733 Community Development $ 1,327,901 $ 1,538,414 $ 3,312,487 Total Personnel $ 29,904,905 $ 35,544,973 $ 40,452,375 Operating Administration $ 2,428,255 $ 2,551,916 $ 2,858,473 Fire $ 1,256,951 $ 1,448,363 $ 1,400,918 Police $ 2,424,511 $ 2,897,886 $ 2,725,836 Parks $ 1,731,920 $ 2,411,875 $ 2,109,120 Community Development $ 2,534,797 $ 2,216,262 $ 1,750,728 Total Operating $ 10,376,433 $ 11,526,302 $ 10,845,075 Total Personnel and Operating $ 40,281,338 $ 47,071,275 $ 51,297,450 Capital Administration $ 31,500 $ 529,150 $ 466,900 Fire $ 257,286 $ 615,225 $ 280,000 Police $ 839,472 $ 523,040 $ 235,368 Parks $ 4,713,663 $ 4,724,255 $ 2,094,000 Community Development $ - $ - $ - Total Capital $ 5,841,921 $ 6,391,670 $ 3,076,268 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ - $ 311,900 $ 58,720 Fire $ - $ 106,000 $ 18,840 Police $ - $ 46,500 $ 17,170 Parks $ - $ 62,937 $ 271,143 Community Development $ - $ 38,500 $ 448,408 Total Carryforward - Operating $ - $ 565,837 $ 814,281 Carryforward - Capital Administration $ - $ 141,496 $ 301,910 Fire $ - $ 4,266,500 $ 5,108,145 Police $ - $ 16,000 $ 132,000 Meridian City Council Meeting Agenda September 4, 2018 – Page 458 of 461 ANNUAL APPROPRIATION ORDINANCE FY2019 - Page 5 of 6 Parks $ - $ 5,758,193 $ 3,909,981 Community Development $ - $ - $ 424,956 Total Carryforward - Capital $ - $ 10,182,189 $ 9,876,992 Carryforward Administration $ - $ 453,396 $ 360,630 Fire $ - $ 4,372,500 $ 5,126,985 Police $ - $ 62,500 $ 149,170 Parks $ - $ 5,821,130 $ 4,181,124 Community Development $ - $ 38,500 $ 873,364 Total Carryforward $ - $ 10,748,026 $ 10,691,273 Total Expenditures $ 46,123,259 $ 64,210,971 $ 65,064,991 Transfers $ 90,051 $ (2,713,583) $ (2,644,754) Total Expenditures with Transfers $ 46,213,310 $ 61,497,388 $ 62,420,237 (Use)/Addition of Fund Balance $ 6,861,180 $ (10,527,764) $ (7,280,351) Total Budget - All Funds FY2017 FY2018 FY2019 Actual Original Budget Original Budget Revenues Total Revenue $ 93,466,480 $ 89,433,192 $ 93,325,106 Expenditures Total Personnel and Operating $ 54,422,969 $ 63,574,772 $ 68,863,699 Total Capital $ 26,449,520 $ 46,997,670 $ 18,966,768 Total Carryforward $ - $ 44,215,834 $ 42,633,835 Total Expenditures $ 80,872,489 $ 154,788,276 $ 130,464,302 Transfers $ (1) $ - $ - Total Expenditures with Transfers $ 80,872,488 $ 154,788,276 $ 130,464,302 (Use)/Addition of Fund Balance $ 12,593,992 $ (65,355,084) $ (37,139,196) Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized by law and all authorized revenue is collected. Section 5. That the 2 nd and 3 rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code §50-902. Meridian City Council Meeting Agenda September 4, 2018 – Page 459 of 461 Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this LAday of September, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this - day of September, 2018. ATTEST• Q z C.Ja Coles, Ci Clerk STATE OF IDAHO ) ss. County of Ada ) APPROVED: AUGUST Tammy d r , I ayor Oma, J Q .t On this Y- , day of Sepbemiaer , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 0'rafL&W WO-4— NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES:a ag moa;). ANNUAL APPROPRIATION ORDINANCE FY2019 - Page 6 of 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18 - PROVIDING FOR AN ANNUAL APPROPRIATION ORDINANCE FOR THE ADOPTION OF A BUDGET FOR THE CITY OF MERIDIAN FOR FY2019 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $130,464,302 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2018 and ending on September 30, 2019. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. / U 2 ('icy °( Ci of Merin TG IDoA o LL Ma or and "it, i Council By: C.Jay Coles, City Clerk First Reading: q / -'// XQ ryTFRo�me1a�� Adopted after first re ding by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YESA NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY 18- 1 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 18- 1 71 a n of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). ;� DATED this y day of A t,2018. C/ v I L . ��J. William. L.M. Nary City Attorney ANNUAL APPROPRIATION ORDINANCE SUMMARY FY2019 —I of 1 City Council Meeting Regular Meeting Agenda Meeting Date: September 4, 2018 Agenda Item Number: 12 Project File Number: Item Title: Future Meeting Topics Meeting Notes: